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Administrative process · USCIS

Family-Based Adjustment of Status in Orlando

Family-based adjustment of status brings together, in a single process, the family-based petition (I-130), the application for lawful permanent residence (I-485), and, in most cases, the work permit (I-765) and the travel document (I-131). It is the path for those who are already in the United States and are eligible to obtain a green card through a family relationship without having to leave the country. It is a legal process that is administrative in nature, governed by federal immigration law and decided by USCIS.

The great advantage of filing the pieces together (known as concurrent filing) is to save time and allow the family member to request, in the same package, authorization to work and, when applicable, to travel while the case is being reviewed. This option, however, depends on the category having a visa immediately available, which is usually the case for immediate relatives of U.S. citizens.

Who it is for

Eligibility for adjustment depends on how the person entered the United States, their immigration history, and the petition category. The same path serves very different situations, and what applies to one family may not apply to another. That is why analyzing the specific case is always the first step.

How it works, step by step

Submitting the package with incomplete documentation, without clear eligibility, or with a poorly assessed basis of entry can cost months and lead to a denial, in addition to exposing the person to the risk of losing status. The advantage of doing everything together only exists when each piece is correct. In immigration, a mistake has real legal consequences.

Documents generally required

What to expect during the process

Family-based adjustment of status is a process with several pieces that move in parallel. After submission, USCIS issues receipt notices and schedules biometrics. The work permit and the travel document, when requested together, tend to be decided before the main case is concluded, which allows the family member to organize their life while waiting.

Many family cases include an interview, especially when the green card is based on marriage. At this stage, USCIS's goal is to confirm the relationship and the consistency of the information. Preparing the couple or family members for that conversation, reviewing the documents and the most common questions, is part of a well-handled case. The total time varies according to the category, the USCIS workload, and the need for an interview, which is why we do not work with fixed deadlines: we explain, during the consultation, what is realistic for your case.

How Without Borders handles your case

Without Borders is a nonprofit organization recognized by the United States Department of Justice (DOJ). Your process is handled by a DOJ Accredited Representative, authorized to act in administrative processes before USCIS. We handle the three pieces in an integrated way: we confirm eligibility, assemble the package with attention to the points that tend to trigger requests for evidence, follow the biometrics, and prepare the family for the interview, when there is one. We serve in Portuguese and English, in Orlando, from the initial framing to the final decision.

Frequently Asked Questions

Can I work during the process?

In general, it is possible to request the work permit (EAD, Form I-765) together with the adjustment of status. Once that authorization is approved, the family member can work legally while the main case is being reviewed. The grant depends on USCIS's assessment.

Do I need to leave the United States?

No, when you are eligible for adjustment of status: it was created precisely for those who are already in the country. Leaving without the proper travel authorization (advance parole) during the process may be interpreted as abandoning the application and can harm the case. Always check before traveling.

Will I need an interview?

Many family cases, especially those based on marriage, include an interview at USCIS. The goal is to confirm the relationship and the consistency of the information. We prepare you and the family members involved for that stage.

What is the difference between doing everything together and separately?

When a visa is immediately available, you can submit the petition (I-130) and the residence application (I-485) at the same time, saving time and allowing you to request work and travel in the same package. When no visa is available, the steps proceed at different times. We assess which is your case.

Do I need a financial sponsor?

In family cases, an Affidavit of Support is usually required, through which the petitioner, and sometimes a co-sponsor, takes on a financial commitment. We check the requirements and help organize the documentation.

What happens if my green card is based on a recent marriage?

If the marriage is less than two years old when residence is granted, the green card is usually conditional, valid for two years, and will later require removal of conditions through Form I-751. We explain this path from the start so there are no surprises.

Related services

Let's build your family-based adjustment of status

Service in Portuguese and English, in Orlando, with a DOJ Accredited Representative.

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Informational content about an immigration legal service. Without Borders Inc is a nonprofit organization recognized by the U.S. Department of Justice (DOJ). Representation is provided by a DOJ Accredited Representative, within the scope of their accreditation. This text does not replace an individual review of your case in a consultation.

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