Myths Regarding the Adjustment of Status Process

USCIS recently addressed some common misconceptions regarding the filing and adjudication of adjustment of status applications.  Adjustment of status “converts” an applicant’s status from that of a nonimmigrant to a permanent resident or green card holder.  While online immigration forums are popular, they often provide incorrect information and can lead to confusion.  Three of the most common myths are as follows:

1.  USCIS must make a decision on an I-485 application within 180 days from the time of your interview. There is no time limit on how long USCIS may take to adjudicate a green card application after the applicant has been interviewed.  While the service tries to adjudicate adjustment of status applications within four months, this may not always be possible for various reasons.   

2.  USCIS will issue a decision on an Adjustment of Status application at the time of the interview. In most cases, a green card applicant will be told that their case has been approved upon conclusion of their interview.  However, sometimes the Adjudications Officer may require additional documentation or need additional time to review the case.  Other reasons for a delay may include security checks or visa number availability.

3.  USCIS requires wives to take their husband’s last name in marriage-based green card cases. Married women may take their husband’s surname, keep their maiden name, or hyphenate their last name.  A wife is not required to change her name to that of her husband.

Berardi Immigration Law is adept at preparing and filing both employment and family-based adjustment of status applications. We would be happy to work with you if you require the services of an experienced immigration attorney.  Please contact us by calling 877-721-6100 or send an e-mail by clicking here.

 

Page summary:  USCIS addresses the three most common myths surrounding adjustment of status (green-card) applications.

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