Adjustment of Status in Georgia

A practical guide from Jarrett & Price for families across Georgia—Duluth, Savannah, Pooler, Gainesville, and beyond—covering eligibility, process, evidence, interviews, and strategies for complex cases.

What Is Adjustment of Status (AOS)?

Adjustment of Status is the process of applying for a green card from inside the United States using Form I-485. If you are eligible and a visa is immediately available, you may seek permanent residence without leaving the U.S. The AOS route is common in marriage-based cases but is also available in other family and employment categories.

Key benefits of AOS:

Remain in Georgia with your family while your case is pending.
Apply for work authorization (I-765) and, when appropriate, advance parole (I-131) for travel during the process.
Attend a single USCIS interview (for metro clients, typically at the Atlanta Field Office).

Who Qualifies to Adjust Status?

Eligibility depends on several factors: how you entered the U.S. (admission or parole), your immigrant category, visa availability, and whether any statutory bars apply. In marriage cases, whether the petitioner is a U.S. citizen (immediate relative) or a lawful permanent resident (LPR) matters a great deal.

Immediate Relatives of U.S. Citizens

Spouse, unmarried child under 21, or parent (of a U.S. citizen 21+).
Usually eligible to concurrently file the I-130 and I-485 when in the U.S. with a lawful entry.
Overstays are often forgiven for AOS purposes if there was a lawful admission or parole.

Spouses of LPRs (F2A Preference)

Subject to the Visa Bulletin—visa must be available to file the I-485.
Overstays are not automatically forgiven; maintaining status is more critical.
Strategy may involve timing, petitioner naturalization, or consular processing.

Special Situations

245(i) grandfathering can permit AOS despite unlawful status/EWI if you are the beneficiary (or derivative) of a qualifying petition or labor certification filed by April 30, 2001.
K-1 entrants generally must adjust based on the same U.S. citizen petitioner.
TPS/DACA/Parole: Some entrants/parolees may be eligible depending on admission history and category.

Bars to Adjustment, EWI, and Waivers

Common obstacles include entry without inspection (EWI), unauthorized employment or status violations (for non-immediate relatives), certain immigration violations, and criminal or fraud issues. If you entered the U.S. without inspection, AOS may be unavailable unless you qualify for 245(i) or other limited exceptions.

When AOS is not available, many Georgia families pursue Consular Processing with a provisional unlawful presence waiver (I-601A) to address the 3-/10-year bar triggered by departure for the consular interview. Our team evaluates all waiver avenues and builds the extreme hardship record needed for approval.

Core Forms and Supporting Evidence

I-485: Application to Adjust Status (plus filing category supplements).
I-130: Petition for Alien Relative (marriage cases).
I-864: Affidavit of Support by the petitioner (and joint sponsor if needed).
I-765 / I-131: Optional work authorization and advance parole while the I-485 is pending.
I-693: Medical exam by a civil surgeon (can be filed with the I-485 or brought to the interview).

Marriage cases should also include a strong marriage evidence packet (joint residence, finances, insurance, photos, communications, and affidavits). Consistency across all forms and documents is critical.

Step-by-Step: The Georgia AOS Process

Strategy & Eligibility Review: Entry history, petition category, visa availability, prior filings, and any potential bars (EWI, fraud, crimes, prior removal).
Evidence & Forms: Prepare I-130/I-485 (as appropriate), I-864, I-693, and optional I-765/I-131. Assemble a clean, tabbed evidence packet.
Filing & Receipts: USCIS issues receipt notices and, if applicable, biometrics scheduling.
EAD/AP (when filed): Work/travel documents may be issued while the I-485 is pending.
Interview Prep: For most Georgia applicants, interviews occur at the USCIS Atlanta Field Office. We conduct mock interviews and finalize your evidence set.
Decision: After interview (or, in some cases, interview waiver), USCIS adjudicates the I-485.

Affidavit of Support & Public Charge

Most family-based AOS applicants must submit an I-864 Affidavit of Support from the petitioner showing ability to maintain income at or above 125% of the Federal Poverty Guidelines (household size matters). If the petitioner’s income is insufficient, a qualified joint sponsor may help. We verify income, household composition, and supporting tax documentation to prevent avoidable RFEs.

Timelines, Travel & Work Authorization

Processing times vary by category and workload. Many applicants file for EAD (I-765) and, when appropriate, advance parole (I-131) with the I-485. Do not travel internationally while your I-485 is pending unless you have approved advance parole and fully understand the risks of travel in your particular case. We’ll advise on safe timing and whether travel is prudent.

Common AOS Mistakes in Georgia (and How We Prevent Them)

Filing AOS when ineligible: EWI without 245(i) or other exception.
Inconsistent forms: Dates/addresses that don’t match across the I-130, I-485, and I-864.
Thin marriage evidence: Photos alone are not enough; we organize a persuasive, labeled packet.
I-864 errors: Wrong household size or missing tax documentation.
Interview unpreparedness: We conduct realistic practice sessions based on Atlanta Field Office trends.

Special Topics & Edge Cases

Entry Without Inspection (EWI) and 245(i)

If you entered the U.S. without inspection, AOS is usually unavailable unless you qualify under INA 245(i) or have another limited exception. If not, we design a consular-plus-waiver strategy to minimize family separation.

Prior Status Violations or Unauthorized Work

Immediate relatives of U.S. citizens may still adjust despite certain overstays/unauthorized work if they had a lawful admission or parole. Other categories have stricter bars and require careful screening.

Inadmissibility & Waivers

Certain issues (misrepresentation, some criminal convictions, prior removal orders) may require waivers such as I-601 or I-212. We evaluate eligibility and build the necessary hardship or discretionary case theory.

Georgia AOS FAQs

Can I file the I-130 and I-485 together?

Immediate relatives of U.S. citizens with a lawful entry often can file concurrently. Preference categories typically must wait until a visa is available.

Do I have to submit the medical exam with the I-485?

You can submit it with the filing or bring a sealed I-693 to your interview. We’ll plan the timing based on current USCIS practices.

Can I work while my I-485 is pending?

If you file (and later receive) an EAD, you may lawfully work while the I-485 is pending.

Is it safe to travel while my I-485 is pending?

Only with approved advance parole—and even then, travel has risks depending on your history. Consult us before making plans.

Talk with a Georgia Adjustment of Status Attorney

Whether you’re filing your first AOS package or solving a complex issue, our team builds clean, credible cases for families across Georgia.

Schedule a consultation with Jarrett & Price. We’ll confirm eligibility, organize evidence, prepare you for the Atlanta interview, and stay on top of your case from filing to decision.