What is adjustment of status in Virginia
Adjustment of status is the process by which an eligible noncitizen already inside the United States applies to become a lawful permanent resident—commonly called getting a green card—without having to leave the country. For Virginia residents, the process is handled through the U.S. Citizenship and Immigration Services (USCIS) Washington Field Office, located at 2675 Prosperity Avenue in Fairfax, and by the immigration courts in Annandale and Sterling if a removal proceeding is involved. Whether you are a family member of a U.S. Citizen or lawful permanent resident, a skilled worker, a refugee, or an asylee, the immigration framework under the Immigration and Nationality Act (8 U.S.C. § 1255) sets out the eligibility criteria. Because immigration is exclusively federal, the same substantive law applies from Fairfax to Richmond to Virginia Beach, but local USCIS practices, interview scheduling, and the assigned Immigration Judge’s docket can affect your experience. Mr. Sris and the firm’s Of Counsel attorneys assist individuals throughout Virginia with preparing and submitting adjustment applications and, when needed, represent them in removal proceedings. To request a consultation about an adjustment of status matter in Virginia, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
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What Adjustment of Status Means in Virginia
Adjustment of status allows a noncitizen who entered the United States lawfully—or, in some cases, who qualifies under a special provision—to obtain permanent residence without traveling abroad for consular processing. Because Virginia residents fall within the jurisdiction of the USCIS Washington District Office, affirmative applications are filed and adjudicated there, and interviews are generally conducted at the Fairfax field office. If a person is already in removal proceedings before the Executive Office for Immigration Review (EOIR), the application is filed with the Immigration Judge at either the Annandale Immigration Court (7619 Little River Turnpike, Annandale) or the Sterling Immigration Court (21400 Ridgetop Circle, Sterling). The Immigration and Nationality Act controls eligibility, and USCIS regulations and policy guidance govern the evidentiary and procedural requirements. Virginia residents benefit from a single processing location for affirmative applications, which can simplify document submission and biometrics scheduling, but the overall timeline is shaped by USCIS’s national caseload and the complexity of the individual case.
In removal proceedings, an Immigration Judge may grant adjustment of status as a form of relief, provided the applicant meets all statutory requirements and warrants a favorable exercise of discretion. Because the Annandale and Sterling immigration courts are among the busiest in the country, having an attorney who understands local docket expectations and the particular judges’ practices can be important. Law Offices Of SRIS, P.C. has appeared in the Virginia immigration courts and before USCIS for over two decades, working with clients throughout the Commonwealth—from Loudoun County to Chesapeake—to pursue lawful permanent residence through adjustment of status.
Who Can Adjust Status in Virginia
Eligibility for adjustment of status depends on several factors, including the applicant’s immigration category, manner of entry, and any bars to admissibility. Generally, immediate relatives of U.S. Citizens—spouses, parents, and unmarried children under 21—can adjust status if they entered the United States with inspection and are not inadmissible. Other family-based preference categories, such as adult sons and daughters or siblings of U.S. Citizens, and spouses and unmarried children of lawful permanent residents, may also be eligible, but they must have an immigrant visa immediately available under the Department of State’s monthly visa bulletin. Employment-based applicants, refugees and asylees, and certain special immigrants can also adjust status under specific statutory provisions.
An applicant must demonstrate that they are admissible to the United States or qualify for a waiver of inadmissibility. Common grounds of inadmissibility include certain criminal convictions, prior immigration violations, and health-related grounds. Virginia residents who are in removal proceedings and who have been served with a Notice to Appear may still seek adjustment of status before the Immigration Judge, but strict procedural timelines apply and the government bears the burden of proving deportability. An experienced immigration attorney can evaluate an individual’s eligibility, identify potential bars, and determine whether a waiver or other form of relief may be available. Mr. Sris and the firm’s Of Counsel attorneys concentrate their practice on these matters and help clients navigate the interplay of family law, criminal law, and immigration consequences.
The Adjustment of Status Process
The adjustment process begins with the filing of Form I-485, Application to Register Permanent Residence or Adjust Status, together with a comprehensive package of supporting forms and documentation. Most family-based applicants will also file Form I-130, Petition for Alien Relative, either concurrently or after USCIS approval. All documents are mailed to the USCIS Chicago Lockbox and then forwarded to the Washington Field Office for adjudication. After filing, USCIS issues receipt notices, schedules a biometrics appointment at an Application Support Center (typically in Alexandria or Fairfax for Northern Virginia residents), and later notifies the applicant of an interview date. At the interview, a USCIS officer reviews the application, verifies the underlying family relationship or employment offer, and determines whether any inadmissibility issues exist.
If the application is granted, the new permanent resident receives an approval notice and, subsequently, a green card. If complications arise—such as a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID)—the applicant must respond within the specified deadline. When an applicant is in removal proceedings, the Immigration Judge adjudicates the adjustment application, and the Department of Homeland Security trial attorney may contest eligibility. Throughout the process, legal counsel helps ensure that the application is complete and legally sufficient, prepares the applicant for the interview, and addresses any government concerns that surface.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Adjustment of Status Cases
At Law Offices Of SRIS, P.C., Mr. Sris and the firm’s Of Counsel attorneys approach each adjustment of status case by first conducting a detailed eligibility analysis under the Immigration and Nationality Act. They review the applicant’s immigration and criminal history, family relationships, and any prior applications or petitions to identify potential pitfalls before filing. The firm works with clients to gather the required documentation, draft supporting declarations and legal briefs where necessary, and prepare the applicant and family members for the USCIS interview or the merits hearing before the Immigration Judge.
When an applicant appears to be inadmissible, the firm explores available waivers—such as the I-601 or I-601A waiver for unlawful presence, or the I-212 waiver for prior removal—and builds the evidentiary record to support a finding of extreme hardship to a qualifying relative. The firm also handles I-751 petitions to remove conditions on residence and naturalization applications that follow a successful adjustment. Because Mr. Sris is a former prosecutor, he brings a practical understanding of how criminal convictions can affect immigration status and works closely with the firm’s Of Counsel attorneys to identify strategies that protect a client’s future in the United States. Mr. Sris and the firm’s Of Counsel attorneys appear in the Annandale and Sterling immigration courts, before USCIS, and before the Board of Immigration Appeals.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has been practicing since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He is a former prosecutor who now concentrates his practice on immigration, family law, and criminal defense. His testimony before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova) reflects a long-standing commitment to the Virginia legal community. The firm’s Of Counsel attorneys bring additional experience in areas that frequently intersect with immigration law, including family law and criminal defense, and work alongside Mr. Sris on complex adjustment of status matters. Mr. Sris and the firm’s Of Counsel attorneys bring extensive combined legal experience to immigration representation in Virginia. Results may vary.
Frequently Asked Questions
What is adjustment of status?
Adjustment of status is the process that allows a person already in the United States to apply for lawful permanent resident status (a green card) without leaving the country. It is governed by section 245 of the Immigration and Nationality Act (8 U.S.C. § 1255). To qualify, an applicant must typically have entered the United States with inspection, be eligible for an immigrant visa immediately, be admissible or qualify for a waiver, and not fall within any statutory bar. The application is filed with USCIS and, if approved, results in the issuance of a green card.
Who is eligible to adjust status in Virginia?
Immediate relatives of U.S. Citizens, along with certain family-preference, employment-based, and humanitarian applicants physically present in the United States, may be eligible to adjust status if they meet the requirements of INA § 245. The specific eligibility criteria depend on the visa category, whether the applicant entered lawfully, and any applicable bars. Persons in removal proceedings may also be eligible to apply before the Immigration Judge. An attorney can review your history and advise on the most suitable path.
Can I adjust status if I entered the United States without inspection?
Generally, a person who entered without inspection is not eligible to adjust status in the United States, but there are limited exceptions, such as certain applicants covered by the LIFE Act who filed a petition on or before April 30, 2001. Others may be able to apply for a provisional unlawful presence waiver (Form I-601A) before departing for consular processing abroad, which allows them to seek an immigrant visa at a U.S. Embassy or consulate without triggering the unlawful presence bar. The analysis is fact-specific, and seeking legal guidance is advised.
What are the government filing fees for adjustment of status?
The total government filing fees for a family-based adjustment of status application are approximately $2,200, which includes the I-485 application ($1,440), the I-130 family petition ($675), and the biometrics fee ($85). Fee waivers are available for applicants who demonstrate an inability to pay by submitting Form I-912. These fees are set by USCIS and may change; always verify current amounts on the USCIS website. Legal fees are separate and vary by case.
How long does adjustment of status take in Virginia?
The processing time for an adjustment of status application can range from several months to over a year, depending on the workload of the USCIS Washington Field Office, the complexity of the case, and whether additional evidence is requested. Cases filed in removal proceedings before the Annandale or Sterling Immigration Court often take longer due to the court’s docket. There is no fixed timeline. Applicants can monitor their case status online using the USCIS receipt number.
Do I need a lawyer to adjust status in Virginia?
You are not required to hire a lawyer to file an adjustment of status application, but legal representation can significantly improve the accuracy and completeness of your filing and help address any inadmissibility issues that arise. An experienced immigration attorney can review your background for potential complications, prepare you for the USCIS interview or removal hearing, and respond to government requests for evidence. Because immigration law is complex and USCIS policies change, many individuals find professional guidance valuable.
What happens if my adjustment of status application is denied?
If USCIS denies an adjustment of status application, the agency issues a written decision explaining the reasons, and the applicant generally has the right to file a motion to reopen or reconsider, or appeal to the Administrative Appeals Office. If the applicant is not in removal proceedings, USCIS may also place the person in removal proceedings by issuing a Notice to Appear, at which point the individual can renew the application before the Immigration Judge. Prompt action is important because appeal deadlines are short.
Can I work and travel while my adjustment of status application is pending?
While an adjustment application is pending, the applicant may apply for employment authorization (Form I-765) and advance parole travel permission (Form I-131), which are typically granted within a few months. Working without authorization or traveling outside the United States before receiving advance parole can have serious immigration consequences, including abandonment of the adjustment application. Once the adjustment is approved, the permanent resident card serves as both work and travel authorization.
What is the difference between adjustment of status and consular processing?
Adjustment of status is the process for obtaining a green card while remaining in the United States; consular processing requires the applicant to attend an immigrant visa interview at a U.S. Embassy or consulate abroad and then enter the United States as a lawful permanent resident. Adjustment of status is generally available only to those who are already in the United States and meet the entry and eligibility requirements, while consular processing is used by those outside the United States or those who are ineligible to adjust status because of an entry violation or other bar. Each path has its own procedural requirements and timelines.
Can I adjust status based on a sibling petition or adult child petition?
Yes, but only if a visa number is immediately available based on the priority date in the Department of State’s monthly visa bulletin and if the applicant is otherwise eligible, including having maintained lawful nonimmigrant status or being protected under section 245(i) of the INA. The wait times for sibling and adult child categories from certain countries can be lengthy, and maintaining lawful status during that time can be difficult. Legal counsel can help assess whether an applicant qualifies for adjustment or should pursue consular processing.
What should I bring to my USCIS adjustment interview in Fairfax?
At the interview, you should bring your original passport, any previous immigration documents, the interview appointment notice, your medical examination results (Form I-693) if not already submitted, and evidence of the qualifying family relationship or employment offer. The interviewing officer will review the information in the application and ask questions to verify eligibility. An attorney can attend the interview with you to ensure your rights are protected and to clarify any issues that arise.
How does a criminal record affect adjustment of status?
A criminal conviction can make an applicant inadmissible or removable, depending on the offense, and may either bar adjustment of status altogether or require a waiver of inadmissibility. Certain crimes, such as aggravated felonies and crimes involving moral turpitude, have specific immigration consequences. Even an arrest without a conviction can trigger additional scrutiny. It is important to consult with an immigration attorney before filing an adjustment application if you have any criminal history.
What is section 245(i) and do I qualify?
Section 245(i) of the Immigration and Nationality Act allows certain individuals who entered the United States without inspection or who overstayed a visa to adjust status if they are the beneficiary of a labor certification or immigrant visa petition filed on or before April 30, 2001, and they pay a penalty fee. The provision also requires that the applicant was physically present in the United States on December 21, 2000, if the petition was filed after January 14, 1998. Eligibility is narrow, and an immigration attorney can determine whether you are covered by this grandfather clause.
Learn more about Virginia immigration representation: Virginia Immigration Lawyer · Fairfax County Immigration Lawyer · Prince William County Immigration Lawyer · Loudoun County Immigration Lawyer · Arlington Immigration Lawyer
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