Adjusting your immigration status is one of the most common and essential pathways toward lawful permanent residency in the United States. For many immigrants in Texas, this process offers the opportunity to remain with family, advance careers, and build a more secure future without leaving the country. But eligibility rules are strict, the application steps can be confusing, and mistakes often lead to delays or denials.
Understanding who qualifies and how the process works is the first step toward preparing a strong case.
What It Means to Adjust Your Status
Adjustment of Status, commonly referred to as AOS, allows certain immigrants already living in the United States to apply for a green card without returning to their home country for consular processing. This option is significant for Texas residents who have established families, jobs, and community ties here. However, not everyone qualifies, and eligibility depends on how you entered the country, your immigration history, and the category you apply under.
Who Qualifies for Adjustment of Status in Texas
Immigration laws define specific groups of people who may be eligible. In general, you must have a qualifying relationship or immigration category and meet federal requirements.
You may qualify if you fall into one of the following categories:
- Family-Based Eligibility
Many Texas immigrants qualify through relationships with United States citizens or lawful permanent residents.
This includes:
- Spouses of U.S. citizens.
- Parents of U.S. citizens over age 21.
- Unmarried or married children of citizens or permanent residents.
- Certain qualifying relatives under family preference categories.
Immediate relatives of U.S. citizens benefit from shorter wait times and more flexible rules, making this one of the most common and straightforward paths.
You may also qualify for an Adjustment of Status if you have:
- A valid job offer from a United States employer.
- An approved employment-based immigrant petition.
- A priority date that is current on the Visa Bulletin.
Texas has a significant demand for workers in healthcare, engineering, technology, and agriculture, which often leads to employer-sponsored immigration.
- Humanitarian-Based Eligibility
Some immigrants qualify based on humanitarian protections, including:
- Asylum or refugee status.
- Victims of human trafficking or certain crimes (T visas and U visas).
- VAWA self-petitioners.
These applicants must meet specific requirements before applying for a green card.
Requirements You Must Meet Before Filing for an Adjustment of Status in Texas
Being in a qualifying category is only the first step.
Most applicants must also satisfy these requirements:
- A lawful entry with inspection at a United States border or airport.
- A visa that remains valid at the time of filing, unless you are an immediate relative.
- No serious criminal issues or immigration violations.
- No bars to admissibility, unless you qualify for a waiver.
Many applicants in Texas face issues related to unlawful presence, prior deportation orders, or misrepresentation. These issues can often be fixed through waivers, but they must be handled with care.
How the Adjustment of Status Process Works in Texas
The steps depend on your category, but most applicants will follow a general process.
- File the Required Applications
This usually includes:
- Form I-485 (Application for Adjustment of Status).
- Form I-130 for family-based cases or Form I-140 for employment-based cases.
- Supporting evidence of your qualifying relationship or employment.
- Medical exam and documentation of your admissibility.
- Attend Biometrics
USCIS will schedule an appointment at a local Application Support Center in Texas for fingerprints, photographs, and background checks.
- Attend an Interview
Most applicants will attend an interview at a USCIS field office. This interview is used to confirm your eligibility and verify the information in your applications.
- Receive a Decision
Once the review is complete, USCIS will either approve, request more evidence, or deny the application. An approval grants you lawful permanent resident status.
Why Working With an Immigration Attorney Matters
Adjustment of Status is often described as simple, but the process can become complicated very quickly. Issues like unlawful entry, overstays, missing evidence, inconsistent answers, criminal history, or past misrepresentation can lead to delays or denials. Our experienced immigration attorneys can evaluate your eligibility, strengthen your application, prepare you for your interview, and help address any obstacles that arise.
Suppose you or a family member is considering an Adjustment of Status in Texas. In that case, Peek Law Group can guide you through the process with clear steps, professional support, and an experienced legal strategy. Ready for help? Call (512) 399-2311 or fill out our online form, and let us know the details of your situation, and we can get started.