Adjustment of Status

The process though which a person within USA obtains a change in their status to green card holder. This is usually the last step for (most not all) green card process.

U.S. Citizenship and Immigration Services Will Grant ‘Adjustment of Status’ Only in Extraordinary Circumstances

3 months ago By Chief Editor

Release Date

05/22/2026

WASHINGTON—U.S. Citizenship and Immigration Services today announced a new policy memo reiterating the fact that, consistent with long-standing immigration law and immigration court decisions, aliens seeking adjustment of status must do so through consular processing via the Department of State outside of the country. Officers are directed to consider all relevant factors and information on a case-by-case basis when determining whether an alien warrants this extraordinary form of relief.

Read more about U.S. Citizenship and Immigration Services Will Grant ‘Adjustment of Status’ Only in Extraordinary Circumstances

Status of Derivatives when the Primary Applicant Receives a Green Card

4 months ago By Chief Editor

Question details

My spouse was the primary applicant for our Adjustment of Status, and they just received their Green Card. I am a derivative on the same application, but my case is still pending. What is my legal status, and can I continue to work?

You remain in I-485 Pending status. Your status does not automatically convert to a Lawful Permanent Resident (LPR) just because the primary applicant was approved; each individual application must be adjudicated. As long as you have a valid Employment Authorization Document (EAD), you can continue to work legally in the United States. You are no longer in your previous non-immigrant status (like H-4) once you begin relying on the I-485 pending status or the EAD.

Read more about Status of Derivatives when the Primary Applicant Receives a Green Card

Replace Your Green Card

11 months ago By Chief Editor

When to Replace Your Green Card

Lawful Permanent Residents

If you are a lawful permanent resident, you must replace your Green Card if:

Green Card

Read more about Replace Your Green Card

Does Unlawful Presence Continue to Accrue While Fighting an NTA?

1 year ago By Chief Editor

Question details

Can I receive a Notice to Appear (NTA) for deportation even if I have legal immigration status or a pending application?

This question is particularly important because continued accrual of unlawful presence during removal proceedings can trigger the three-year or ten-year bars, severely limiting future immigration options.

General Rule: Yes, Unlawful Presence Continues

Read more about Does Unlawful Presence Continue to Accrue While Fighting an NTA?

Another Problem for Legal Immigration - NTAs (Removal/Deportation Despite Legal Stay)

1 year ago By Rajiv S. Khanna

Another Problem for Legal Immigration - NTAs (Removal/Deportation Despite Legal Stay)

July 24, 2025

Community members and our lawyer colleagues have shared their stories. It appears:

1. The NTAs are getting resolved quickly, where you are still in the grace period and/or have a B-type petition pending. Motions to terminate are working.

2. The hearing dates are also being given in a few days or weeks.

3. The percentage of NTAs is relatively small.

Read more about Another Problem for Legal Immigration - NTAs (Removal/Deportation Despite Legal Stay)

Recording for June 26, 2025 Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

Immigration.com

Community Conference Calls

Nonimmigrant Visas

Green Card

FAQs: US Visa & Social Media: What you need to know about new screening policies and their impact

Read more about Recording for June 26, 2025 Conference Call with Rajiv S. Khanna

Should I maintain my H-1B during I-485/AOS pendency?

1 year ago By Chief Editor

Question details

I hold an H1B Visa, and it is time for an extension. At the same time, I applied for my I-485 a few years ago, and I recently renewed my EAD, which is valid for 5 years. My priority date is June 2013. At this time, I am a bit confused about whether to move on to EAD or if I should continue to extend my H1B. If, for any reason, my H1B extension goes wrong, will I still be able to use my EAD? Thank you always for your support.

FAQ Transcript

You should maintain your H-1B while your I-485 (AOS) is pending. If something goes wrong with your I-485, you could end up without legal status or work authorization, creating complications. Keeping your H-1B (or L-1) active provides a backup. While your spouse can use an EAD, losing their status is less risky than the primary applicant losing theirs.

Read more about Should I maintain my H-1B during I-485/AOS pendency?

Laid off on EAD from EB1A, can I start an UNRELATED teaching business? Can I travel on Advance Parole?

1 year ago By Chief Editor

Question details

I have an EAD from an approved EB1A petition (priority date: Apr 2022). I recently got laid off and am thinking of starting a business ( related to K-12 education.) MY EAD is based on an advanced degree in Operations research with publications and related work experience in data science. Is there a risk to justify 'teaching' or running a tutoring business based on this EAD? If so, can you keep looking for related jobs and teach on the side without incorporating this as a business in the interim? On an unrelated note, in your opinion, what is the risk of traveling out of the country in this situation? (I have an advance parole in hand as well.)

FAQ Transcript

If you have an EB-1A-based EAD and a pending I-485, starting an unrelated business (such as teaching) is risky. Your EB-1A petition asserts that you intend to work in your field of extraordinary ability. Shifting to an unrelated field could raise questions about your original intent and impact your green card application.

Additionally, traveling on Advance Parole in this situation may pose some risks. It’s advisable to either have a job offer or a clear plan to work in your field (such as consulting with clients) before traveling. Proceed with caution.