Frequently Asked Questions (FAQ) About Adjustment of Status

Frequently Asked Questions About Adjustment of Status and the Permanent Residency/Green Card (including Same Sex)

At AmeriLaw Group, we have the expertise and knowledge of the law that applies to the application process and additional requirements for obtaining US citizenship for your fiancé or other loved one. We work to make it fast and affordable for you to get the needed visas and change your status to permanent residency once you have followed the requirements of the fiancé visa and are married to a US citizen or are otherwise legally married to a US Citizen. If you have any additional questions about changing your status once you are married or any other area of the visa process, contact us. Our lawyers have a single focus and a history of getting visas quickly and affordably.

What is Adjustment of Status?
  • It is a process to adjust your status with the USCIS from a visa holder (or other legal status) to a permanent resident/green card holder for persons who are the spouse of a US citizen. After you have come to the US on a fiancé visa visa waiver, or other legal entry and have been married to a US citizen.  Different rules apply to those who have entered the US on a fiance visa and those who are here legally as to who is eligible to apply to have your status adjusted to a permanent resident.  We would be happy to discuss your particular fact situation as every case is different.
If my last entry into the US was legal but I have overstayed my visa can I still apply for an adjustment of status/green card?
  • Yes, if your last entry was legal then in most circumstance an overstay will not preclude your applying to adjust your status to permanent resident/green card holder
Do I have to be present in the US to apply?
  • Yes
How long does it take to receive the green card?
  • It takes approximately 5-6 months depending on USCIS workload
Can I work while my green card application is pending?
  • Yes, if you apply for a temporary work permit.
Can I travel outside the US while my application for the green card is pending?
  • Yes, if you apply for a temporary travel permit (also known as advance parole) and have not overstayed your visa before you applied.
How long does it take to obtain the temporary work or travel permits?
  • Approximately 4 weeks

If you would like to review our Services and Fees for Adjustment of Status/Greencard, work and travel permits please click here, or

Please call this direct line to your Immigration Attorney to discuss the facts of your case. Your call will be answered by your attorney. If he is on another line he will return your call promptly. Please call at 415-839-6662

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