Adjustment of Status Attorneys in Austin
Handling Adjustment of Status through Marriage in Austin & San Antonio
Navigating the adjustment of status process can be overwhelming, but you don’t have to do it alone. At Peek Law Group, we have advocated for immigrants across Travis, Hays, and Williamson counties since 1996. With two convenient locations in Austin, our firm is committed to providing personalized, results-driven legal guidance to individuals and families seeking lawful permanent residency.
Our team includes Top Texas Board-Certified Attorneys with extensive experience handling complex immigration matters. Whether facing legal hurdles, striving to reunite with loved ones, or working toward a secure future in the U.S., we bring the knowledge, dedication, and courtroom experience needed to protect your rights.
We are known for delivering exceptional service with a track record of tens of thousands of successful cases and nearly 500 five-star client reviews. Our bilingual team ensures seamless communication, making the legal process as straightforward as possible. We understand the challenges of adjustment of status applications—timing, paperwork, and patience are all critical. That’s why we’re here: to provide the skilled representation and compassionate counsel you deserve.
Take the next step toward your future. Call (512)-474-4445 today for a free consultation, and let our Austin immigration attorneys help you achieve the outcome you and your family need.
To learn more about how our San Antonio & Austin adjustment of status lawyers can assist your family, contact our office at (512)-474-4445 for a free and thorough consultation. Let us help you become another success story.
What is an Immigration Adjustment of Status, and Who Can Apply?
Adjustment of Status (AOS) allows certain foreign nationals already in the United States to apply for lawful permanent residency (a green card) without leaving the country. Instead of going through consular processing in their home country, eligible applicants can adjust their immigration status while remaining in the U.S., making it a more convenient and often faster path to permanent residency.
Who Can Apply for Adjustment of Status?
To qualify for Adjustment of Status, you must meet specific eligibility criteria, which vary depending on your application.
Some of the most common categories include:
Family-Based Adjustment of Status
Immediate relatives of U.S. citizens, including:
- Spouses.
- Unmarried children under 21.
- Parents of U.S. citizens (if the petitioner is 21 or older).
Family preference categories, such as:
- Siblings of U.S. citizens.
- Married children of U.S. citizens.
- Spouses and children of green card holders (lawful permanent residents).
Employment-Based Adjustment of Status
- Individuals who have received an employment-based visa sponsorship, including those in EB-1, EB-2, and EB-3 categories.
- Workers with extraordinary abilities or those granted National Interest Waivers (NIW).
- Certain religious workers, investors, or individuals in specialized occupations.
Asylees and Refugees
- Individuals granted asylum in the U.S. can apply for Adjustment of Status after one year.
- Refugees who have lived in the U.S. for at least one year are also eligible.
Diversity Visa Lottery Winners
- Those selected in the annual Diversity Visa Lottery Program may apply for Adjustment of Status if they are already in the U.S. and meet all eligibility requirements
Special Immigration Categories
If you are unsure about your eligibility, our experienced Austin immigration attorneys at Peek Law Group can evaluate your situation and guide you through the best options. Call (512)-474-4445 or contact us online for a free consultation today.
Adjustment of Status through Marriage Qualifications
In order to qualify for adjustment of status based on marriage, foreign nationals are required to have a number of qualifications sorted out beforehand.
While not an immediate deal-breaker, missing any of the following items could lead to serious complications and potentially a revocation of your status:
- Ideally, you should be physically present in the U.S.,
- Entered the U.S. legally or currently working with USCIS to establish legal residency
- A clean criminal record or immigration history
- Hard evidence of a bona fide marriage according to USCIS standards
Couples that have been married for less than two years will be under a two-year time limit and must submit an I-751 form during the last 90 days before the green card expiration in order to obtain a ten-year green card. Contact Peek Law Group for complete details and further assistance with your application.
What Happens After I Apply for an Adjustment of Status through Marriage in Austin?
After successfully submitting your application, a Receipt Notice should arrive in approximately two to three weeks. USCIS will require a Biometric appointment to gather fingerprints, ID photos, and other personal details for security purposes. The USCIS will then thoroughly review all documentation that has been submitted and may request additional information. Finally, you and your spouse will meet with an immigration officer to determine the legitimacy of the marriage.
In general, the interviewing officer will let you know right away if your adjustment has been approved. The green card will be shipped from a month to three months later.
What Happens if My Adjustment of Status Case is Denied?
Receiving a USCIS Notice of Decision on your Adjustment of Status application explaining the reason for your denial can be frustrating and stressful.
Some of the most common reasons include:
- Ineligibility for Adjustment of Status – If you entered the U.S. unlawfully or do not have a qualifying family or employment relationship, you may not meet the basic requirements.
- Missing or Incorrect Documentation – Incomplete forms, missing supporting documents, or errors in your application can lead to rejection.
- Failure to Prove a Bona Fide Marriage – If you applied through marriage and USCIS suspected marriage fraud or lacked sufficient evidence, your case may be denied.
- Criminal History or Immigration Violations – Certain criminal offenses, past deportations, or unlawful presence in the U.S. may make you ineligible.
- Failure to Attend the USCIS Interview or Biometrics Appointment – Missing key appointments can result in an automatic denial.
- Public Charge Inadmissibility – If USCIS believes you may become dependent on government assistance, they may deny your application.
Receiving a denial does not always mean the end of your immigration journey.
In most cases, AOS denials cannot be directly appealed, but you may have other options, including:
- Filing a Motion to Reopen or Reconsider (Form I-290B)
If the denial was due to a misunderstanding, missing evidence, or new information, you can request that USCIS reopen or reconsider your case. This must be done within 30 days of the denial notice.
- Refiling a New Adjustment of Status Application
If your circumstances have changed, including qualifying under a different category, you may be able to submit a new application with more substantial evidence.
- Applying for a Waiver of Inadmissibility (Form I-601or I-601A)
If your denial was based on criminal history, fraud, or unlawful presence, you may qualify for a waiver to continue the process.
What If You Are Placed in Removal (Deportation) Proceedings?
In some cases, a denial may result in removal (deportation) proceedings if:
- You were out of legal status when you applied for AOS.
- You have prior immigration violations or an outstanding removal order.
- USCIS refers your case to the Immigration Court for further review.
If this happens, you may be able to fight your case before an immigration judge by:
- Applying for Cancellation of Removal.
- Requesting Asylum, Withholding of Removal, or other relief.
- Seeking Voluntary Departure instead of removal.
If your Adjustment of Status was denied, you should act quickly to protect your immigration status.
At Peek Law Group, our skilled Austin immigration lawyers can:
- Analyze your denial notice and determine the best course of action.
- File a motion or reapply with more substantial evidence.
- Defend you in removal proceedings, if necessary.
- Help you apply for a waiver to overcome inadmissibility issues.
Don’t give up on your green card! Call (512)-474-4445 or contact us online for a consultation to explore your options and take the next step toward legal residency.
At Peek Law Group, We Also Representing The Following Practice Areas:
Contact Our Skilled Adjustment of Status Immigration Attorneys in Austin, Texas
Navigating the Adjustment of Status process requires precision, patience, and legal expertise. At Peek Law Group, we are committed to helping individuals apply for permanent residency with confidence, ensuring every step is handled efficiently and accurately. From preparing your application to addressing potential challenges, our team works diligently to avoid unnecessary delays and maximize your chances of success.
With decades of immigration experience, our attorneys provide clear, strategic guidance tailored to your unique situation. Whether you’re adjusting your status through a family relationship, employment, or another qualifying category, we are here to help you achieve your immigration goals.
Call (512) 474-4445 or complete our online form to schedule a consultation with our skilled Austin immigration attorneys today.
Contact our adjustment of status attorneys in Austin & San Antonio no matter what stage of the process you are presently in – we will guide you every step of the way.
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