What is adjustment of status in Virginia
Adjustment of status is the federal process that allows certain eligible individuals physically present in the United States to obtain lawful permanent resident status—commonly called a green card—without leaving the country. The procedure is governed by the Immigration and Nationality Act and handled by U.S. Citizenship and Immigration Services (USCIS). For Virginia residents, adjustment of status applications are processed primarily through the USCIS Washington Field Office in Fairfax, and removal-related matters are heard at the Arlington Immigration Court. Law Offices Of SRIS, P.C. assists individuals and families throughout the Commonwealth with adjustment of status, family-sponsored petitions, and related immigration matters. Call (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Is Adjustment of Status?
Adjustment of status, codified at 8 U.S.C. § 1255, is the mechanism by which a noncitizen already in the United States becomes a lawful permanent resident. Instead of consular processing—applying for an immigrant visa at a U.S. Embassy or consulate abroad—adjustment of status permits the applicant to complete the green card process while remaining in the country. The benefit is significant: the applicant avoids international travel, uncertainty at a consular interview, and the risk of triggering unlawful-presence bars when departing the United States to apply abroad. To adjust status, an individual must be eligible for an immigrant visa, have a visa immediately available, and not be subject to a statutory bar. The process requires submission of Form I-485, supporting documents, and biometrics. USCIS adjudicates the application and, if approved, issues the green card.
The Federal Statute: 8 U.S.C. § 1255
Section 1255 of Title 8 gives the Attorney General discretion to adjust the status of a noncitizen to that of a lawful permanent resident. The applicant must meet three core requirements: (1) inspection and admission or parole into the United States; (2) eligibility to receive an immigrant visa and admissibility to the United States; and (3) an immigrant visa immediately available at the time the application is filed. Certain categories, such as crewmen, noncitizens in unlawful immigration status who failed to maintain a lawful status, and noncitizens who have engaged in unauthorized employment, are ineligible to adjust unless they qualify for an exception under section 1255(c) or a specific statutory exemption. Practically, many applicants rely on a qualifying family relationship—such as being an immediate relative of a U.S. Citizen—that exempts them from some statutory bars. For those in removal proceedings, adjustment of status before an immigration judge is an available form of relief when eligibility is established.
How the Process Works for Virginia Residents
Virginia applicants for adjustment of status file their paperwork with the USCIS lockbox facility. After initial processing, the case is assigned to a USCIS field office for interview. For most Virginia residents, the interview takes place at the USCIS Washington Field Office at 2675 Prosperity Avenue in Fairfax. That field office serves the entire Commonwealth and handles thousands of applications annually. Applicants attend an interview with a USCIS officer, who reviews the petition, verifies the relationship (in family-based cases), and assesses admissibility. After the interview, USCIS may approve the case, issue a request for additional evidence, or, in some circumstances, deny the application.
If the applicant is in removal proceedings before the Executive Office for Immigration Review, adjustment of status must be requested as relief before an immigration judge. For Virginia residents, removal proceedings are typically venued at the Arlington Immigration Court on South Bell Street. The firm’s Of Counsel attorneys appear on immigration matters at both the Arlington Immigration Court and the Sterling Immigration Court, and Law Offices Of SRIS, P.C. handles adjustment-of-status cases from all Virginia localities.
Eligibility and Common Issues
Eligibility for adjustment of status turns on several factors beyond the basic requirements. Unlawful presence in the United States can trigger a three-year or ten-year bar to admissibility, depending on the duration of presence. An applicant who overstayed a visa by more than 180 days but less than one year is inadmissible for three years upon departure; an overstay exceeding one year triggers a ten-year bar. Those bars are a major consideration when deciding whether to adjust status or pursue consular processing. However, immediate relatives of U.S. Citizens—spouses, parents, and unmarried children under 21—are generally exempt from the unlawful-presence ground of inadmissibility when adjusting status, provided they have maintained a lawful entry.
Criminal history can also render an applicant ineligible for adjustment. Certain criminal convictions—including aggravated felonies, crimes involving moral turpitude, and controlled-substance offenses—may bar adjustment or trigger removal. Even an arrest without conviction can complicate the case. If a criminal issue exists, consultation with an experienced immigration attorney is essential before filing Form I‑485. Law Offices Of SRIS, P.C. Evaluates each client’s criminal and immigration history to identify potential risks and develop a strategy to present the case in the most favorable light.
Affidavit-of-support requirements are another common stumbling block. The petitioning sponsor must demonstrate the financial ability to support the intending immigrant at or above 125 percent of the federal poverty guideline. The firm guides clients through the documentation needed to satisfy the public-charge ground of inadmissibility.
About Mr. Sris and His Of Counsel
Law Offices Of SRIS, P.C. was founded in 1997 by Mr. Sris, a former prosecutor. Mr. Sris, Owner and Founder of the firm, is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He keeps a limited caseload to remain personally involved in complex immigration, family-law, and criminal matters. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
Mr. Sris and his Of Counsel bring extensive combined legal experience. The firm’s Of Counsel attorneys handle immigration filings, represent clients at USCIS interviews, and appear before the Arlington and Sterling Immigration Courts. The team includes attorneys with backgrounds in law enforcement, prosecution, and civil litigation, all of whom work collaboratively on each matter. Results may vary. in your case.
Frequently Asked Questions
How much does a green card cost?
The government filing fee for Form I‑485 (adjustment of status) is $1,440, plus an $85 biometrics fee.
For applicants also requiring a family petition on Form I‑130, an additional $675 filing fee applies. The total government fees for a routine family-based adjustment of status are therefore approximately $2,200, before any attorney fees. Fee waivers are available for income-eligible applicants through Form I‑912. For the most current fee schedule and the specific costs for your case, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
How long does adjustment of status take in Virginia?
Processing times vary by USCIS caseload and the specific category under which the applicant qualifies, but most family-based, immediate-relative cases in Virginia are processed within 8 to 14 months from filing.
Several factors influence the timeline: the accuracy and completeness of the initial filing, the need for a Request for Evidence (RFE), the availability of interview appointments at the Fairfax field office, and whether the case involves a waiver of inadmissibility. Applicants in removal proceedings face additional court scheduling variables. The firm monitors processing trends and works to present a complete filing to minimize delays.
Does Virginia state law affect the process?
No. Adjustment of status is exclusively a federal process governed by the Immigration and Nationality Act and federal regulations.
Virginia state law does not govern eligibility, forms, filing locations, or adjudication standards. However, an applicant’s interactions with Virginia authorities—a criminal charge, a domestic‑relations order, or a protective order—can affect federal immigration eligibility by triggering inadmissibility or removability grounds. For that reason, it is important that any Virginia state‑court matter be evaluated through an immigration lens. Law Offices Of SRIS, P.C. Practices both immigration law and Virginia criminal and family law, allowing coordinated representation across state and federal systems.
Can I adjust status if I entered the U.S. Without inspection?
Generally, no—adjustment of status under 8 U.S.C. § 1255 requires a lawful admission or parole into the United States.
Individuals who entered without inspection are not eligible for adjustment of status and must typically pursue an immigrant visa through consular processing abroad. There are limited exceptions, including certain individuals grandfathered under INA § 245(i) who filed a petition before April 30, 2001. Each case must be carefully evaluated to determine an appropriate $1 to lawful permanent residence. The firm can review the circumstances of your entry and explore alternative avenues of relief if adjustment of status is unavailable.
What happens at the USCIS adjustment-of-status interview?
A USCIS officer reviews the application, verifies the basis for the immigrant visa, and assesses the applicant’s admissibility.
During the interview, the officer will ask questions about the applicant’s background, the relationship with the petitioning sponsor (in family-based cases), and any prior immigration or criminal history. The applicant must bring original documents that support the petition. The interview is a critical stage; an experienced immigration attorney can help you prepare by reviewing likely questions and identifying any potential issues before the interview date.
How can a lawyer help with adjustment of status?
An experienced immigration attorney can evaluate eligibility, identify potential inadmissibility issues, prepare the application package, and advocate at the USCIS interview.
Many adjustment cases are straightforward. Others involve complicated legal questions, such as whether a prior offense qualifies as a crime involving moral turpitude, whether the I‑864 affidavit of support meets the financial requirements, or whether a discretionary waiver should be sought. Legal guidance reduces the risk of a denial that could result in removal proceedings. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
Are there faster ways to obtain a green card?
The timeline for a green card depends on the category under which the applicant qualifies, not on paying a premium fee.
Unlike some employment-based petitions, family-based adjustment of status does not offer premium processing. Immediate relatives of U.S. Citizens do not face a wait for a visa number, so their adjustment can be filed and processed as soon as all supporting evidence is ready. The most effective way to minimize delays is to file a thorough, well-documented application upfront. The firm can help you assemble a complete package.
What should I bring to a consultation about adjustment of status?
Bring your passport, any prior immigration documents, I‑94 arrival record, and, if applicable, marriage certificates, divorce decrees, or birth certificates.
Having these documents at the initial meeting allows the attorney to assess your eligibility, identify any obstacles, and explain the exact steps, fees, and timeline for your particular situation. If any document is missing, the firm can advise on how to obtain replacements. A consultation is the fastest way to get case‑specific guidance.
Does the firm handle adjustment cases in specific Virginia cities?
Yes, Law Offices Of SRIS, P.C. assists clients throughout Virginia, including in Fairfax, Richmond, Virginia Beach, Norfolk, Alexandria, and Charlottesville.
The firm appears for clients at the USCIS Washington Field Office in Fairfax and at the Arlington and Sterling Immigration Courts. Because immigration jurisdiction is federal, a client anywhere in Virginia can be represented by an attorney admitted to practice before the immigration court and USCIS. The firm’s Virginia locations in Richmond and Fairfax provide convenient meeting points, and consultations can be conducted by phone.
Official sources: 8 U.S.C. § 1255 (Legal Information Institute) • USCIS – Adjustment of Status • Arlington Immigration Court
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