Green Cards & Adjustment of Status

Green Cards & Adjustment of Status

Whether you’re turning an approved petition into a green card, renewing a card that’s about to expire, or pursuing permanent residence through your employer, the details of this process matter enormously. A single missed deadline, an incomplete form, or a misunderstanding about your rights while a case is pending can cost you months or put your status at risk entirely.

At The Law Offices of Shirley Sadjadi, P.C., we help clients across Elgin and the greater Chicago area navigate every stage of the green card process with clarity and confidence. Our entire staff is fluent in both Spanish and English, so nothing about this process gets lost in translation.

Which Situation Fits You?

This area of immigration law actually covers three distinct situations, and knowing which one applies to you is the first step:
  • You already have an approved petition (family-based or employment-based) and need to convert it into a green card through adjustment of status.
  • You already have a green card, and it's expiring, lost, damaged, or contains an error that needs correcting.
  • You're pursuing permanent residence through your employer, and need guidance on which employment-based category applies and how the process works from petition to final approval.
Each situation follows its own forms, deadlines, and timeline, which is why we walk through the details of all three below.
  • You can request work authorization. Filing Form I-765 alongside your I-485 lets you apply for an Employment Authorization Document, typically issued within 90 to 150 days.
  • You can request travel permission. Filing Form I-131 (Advance Parole) at the same time allows you to travel internationally without abandoning your pending application. Departing without it can jeopardize your case entirely.
  • You remain in an authorized period of stay. Even if your original visa expires while your I-485 is pending, you generally do not accrue unlawful presence, as long as you follow the rules around work and travel authorization.
  • A 2026 policy shift matters. USCIS now treats adjustment of status as a discretionary benefit rather than an automatic entitlement once eligibility is met, meaning officers may weigh broader conduct-related factors during review. This makes a complete, well-prepared filing more important than ever.
We also handle Form I-90 for green card renewal, and we prepare clients thoroughly for whatever interview or review process their specific case requires.

Adjustment of Status

Form I-485, the Application to Register Permanent Residence or Adjust Status, is the form that turns an approved immigrant petition into a green card without requiring you to leave the United States. It’s the final step for most family-based and employment-based cases already in the U.S.

Processing times vary significantly depending on your category. Employment-based cases commonly run 8 to 24 months under normal processing, though certain categories with heavier backlogs can extend well beyond that. Family-based immediate relative cases often take somewhat longer given current USCIS volume. Not every applicant is required to attend an interview; USCIS can waive it for well-documented cases, particularly in employment-based matters.

While your I-485 is pending, a few things are worth understanding clearly:

Green Card Renewal & Replacement

A standard, ten-year green card doesn’t renew itself, and letting it expire can create real complications for employment, travel, and proving your status, even though your underlying permanent resident status doesn’t disappear the moment the card does.

We help clients with:

  • Renewing an expiring card. We recommend filing Form I-90 within the months leading up to your card's expiration date, so you're never caught without valid proof of status.
  • Replacing a lost, stolen, or damaged card. The same form, I-90, covers replacement, and we help you document the circumstances and file promptly.
  • Correcting errors on an existing card. If your card contains a mistake, a misspelled name, or incorrect biographic information, we help you get it corrected.
One important distinction: if you hold a conditional two-year green card, typically issued when a marriage was less than two years old at the time of approval, you do not use Form I-90 at all. That situation requires Form I-751 instead, filed during the 90-day window before your conditional card expires, and missing that window can terminate your status entirely. We help clients determine which form actually applies to their card before a deadline becomes a crisis.

Because each country is limited to a fixed share of the annual visa supply, applicants born in countries like India and China frequently face significantly longer waits in the EB-2 and EB-3 categories than applicants from other countries, sometimes measured in years rather than months.

We help employers and employees with:

  • Navigating the PERM labor certification process where required
  • Preparing Form I-140, the immigrant petition itself
  • Filing Form I-485 once your priority date is current
  • Understanding AC21 job portability, which allows you to change employers after your I-485 has been pending 180 days without restarting the process, provided your new role is in the same or a similar occupation

Employment-Based Green Cards

Employment-based immigration covers a range of categories, and which one applies to you significantly affects your timeline:
  • EB-1 (extraordinary ability, outstanding researchers and professors, multinational executives and managers): Often the fastest-moving category, with visas currently available for most countries and no labor certification required.
  • EB-2 (advanced degree professionals, individuals of exceptional ability, or those qualifying for a National Interest Waiver): Generally requires a certified labor certification (PERM) unless pursuing an NIW, and wait times vary considerably by country of birth.
  • EB-3 (skilled workers, professionals, and other workers): Also generally requires PERM labor certification, with some of the longest backlogs for applicants born in high-demand countries.

What the Process Typically Looks Like

  • 1. Confirming Your Path. We identify whether adjustment of status, renewal, or an employment-based petition applies to your situation, and what timeline is realistic for your specific category.
  • 2. Preparing Your Filing. We complete the correct forms accurately and gather the supporting evidence USCIS will expect, whether that's proof of a bona fide marriage, employer sponsorship documents, or evidence supporting your renewal or replacement request.
  • 3. Requesting Work and Travel Authorization, If Applicable. For pending adjustment of status cases, we help you file for an Employment Authorization Document and Advance Parole so you're not left in limbo while your case moves forward.
  • 4. Monitoring Your Case. For employment-based and preference-category cases especially, we track priority dates and Visa Bulletin movement so you know exactly where your case stands.
  • 5. Interview Preparation, If Required. If your case requires an interview, we prepare you thoroughly for what USCIS will ask.

Common Concerns We Help Clients Navigate

"Can I travel while my green card application is pending?"

Only with Advance Parole in hand. Leaving the country without it can be treated as abandoning your application, so this is one of the most important rules to get right.

"My employment-based case has been pending for years; is that normal?"

Often, yes, particularly for EB-2 and EB-3 applicants born in high-demand countries. The wait is usually about visa availability under the per-country cap, not a problem with your case.

"My green card is expiring, does that affect my status?"

Your underlying permanent resident status doesn’t disappear, but an expired card can create real problems proving that status for work, travel, or other purposes. We help you file for renewal well before that becomes an issue.

Why Work With The Law Offices of Shirley Sadjadi

Bilingual, Personal Attention.

Our entire staff speaks Spanish and English fluently, so every form and every deadline is explained clearly.

Attention to Deadlines That Matter.

From Advance Parole before travel to the I-751 filing window, we make sure critical deadlines are never missed.

Employer and Employee Support.

We work with both individuals and the businesses sponsoring them through the employment-based process.

Support From Filing to Final Approval.

We stay with your case through every stage, including interview preparation when it's required.

Your status is worth protecting carefully. Schedule your consultation with an experienced green card attorney serving Elgin and the greater Chicago area.

Frequently Asked Questions

1. How long does adjustment of status take?
It varies significantly by category. Employment-based cases commonly run 8 to 24 months under normal processing, while family-based immediate relative cases often take longer given current USCIS volume. Certain categories with heavier backlogs can extend well beyond these ranges.
Yes, if you file Form I-765 for an Employment Authorization Document alongside your I-485. This is typically issued within 90 to 150 days.
Only with an approved Advance Parole document (Form I-131). Traveling without it can result in your application being considered abandoned.
We recommend filing Form I-90 in the months leading up to your ten-year card’s expiration date. If you hold a two-year conditional card instead, you’ll file Form I-751, not I-90, during the 90-day window before it expires.
It depends on your qualifications and job offer. EB-1 covers extraordinary ability and certain executives with no labor certification required, while EB-2 and EB-3 generally require PERM labor certification and have longer waits depending on your country of birth.
In many cases, yes. Under AC21 portability, you can change employers once your I-485 has been pending for 180 days, provided your new position is in the same or a similar occupation.