Adjustment of status is the process of applying for lawful permanent resident status (a green card) while you are physically present in the United States. The legal term comes from Section 245 of the Immigration and Nationality Act, and the form you file is Form I-485, Application to Register Permanent Residence or Adjust Status.

For families in Framingham, this process means you do not have to return to Brazil, Colombia, Guatemala, or any other home country to complete your green card application at a consulate. You can stay here, near your job, your children’s schools, and the life you have been building while your case is processed by U.S. Citizenship and Immigration Services (USCIS).

The alternative is called consular processing, which requires leaving the United States and applying for an immigrant visa at a U.S. embassy or consulate abroad. For people who cannot adjust status, consular processing is the only option.

Not everyone living in the United States can adjust status. To be eligible, you generally need to meet five requirements:

1. An approved immigrant petition. Someone, usually a U.S. citizen spouse or family member, or an employer, must have filed and had an immigrant petition (such as Form I-130) approved on your behalf. Immediate relatives of U.S. citizens, including spouses, parents, and unmarried children under 21, can file the petition and the I-485 at the same time. This is called concurrent filing.
2. An immigrant visa must be immediately available. Your priority date must be current in the monthly Visa Bulletin, or you must be an immediate relative of a U.S. citizen, for whom a visa is always available.
3. You must have been inspected and admitted or paroled into the United States. Your I-94 record is usually the proof of this. There are limited exceptions, including for VAWA self-petitioners, who can adjust regardless of how they entered.
4. No statutory bars under the law. Certain actions, such as unauthorized employment or failure to maintain status, can bar you from adjusting. However, immediate relatives of U.S. citizens are exempt from the unauthorized-employment and failure-to-maintain-status bars.
5. You must be admissible. Grounds of inadmissibility include certain criminal convictions, health-related issues, immigration violations like entry without inspection, or misrepresentation. Waivers may be available for some grounds.

An experienced Framingham adjustment of status attorney can review your specific situation and determine whether you meet these requirements or whether a waiver may help overcome a potential barrier.

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One thing every applicant should understand is that adjustment of status is not automatic. Even if you meet every eligibility requirement, USCIS has the authority to deny your application as a matter of discretion.

This has always been the law, but it matters more now. In May 2026, USCIS issued Policy Memorandum PM-602-0199, which directs officers to apply heightened scrutiny when reviewing adjustment of status applications. The memo describes adjustment as an “extraordinary” form of relief and signals that the agency may favor consular processing over adjustment in certain cases.

For families in the Framingham area, this policy shift makes thorough preparation more important than it has ever been. The eligibility rules have not changed, and you can still file, but the quality of your application, your supporting evidence, and how well you are prepared for your interview can make a real difference in the outcome.

Under the Supreme Court’s 2022 ruling in Patel v. Garland, federal courts cannot review discretionary denials of adjustment of status. That means if USCIS exercises its discretion to deny your case, your options for appeal are extremely limited. Getting it right the first time is essential.

Framingham residents face some issues that are specific to Massachusetts and that many applicants do not realize until it is too late.

One of the most important is the Massachusetts Continuance Without a Finding, known as a CWOF. In state court, a CWOF is not treated as a conviction. Many people believe their record is clean after completing probation and having the charge dismissed. But under federal immigration law, a CWOF counts as a conviction for immigration purposes if it involved an admission to facts and any form of punishment or restraint. This can trigger inadmissibility and block your adjustment of status application.

If you have any criminal history in Massachusetts, even an old charge that was dismissed after a CWOF, speak with an adjustment of status lawyer in Framingham before you file. An attorney can review your record and determine whether the disposition creates a problem and whether a waiver is available.

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The process for adjusting status in Framingham follows the same general steps that apply everywhere in the United States, but every case is different in the details. Here is what to expect:

Your adjustment of status attorney will first review your eligibility and immigration history. From there, you will prepare and file Form I-485 along with supporting documents, including Form I-130 (if not already filed), Form I-864 (Affidavit of Support), a sealed medical examination on Form I-693 from a USCIS-approved civil surgeon, and evidence of your qualifying relationship.

After filing, USCIS will schedule a biometrics appointment for fingerprinting and background checks. For marriage-based cases, you and your spouse will be scheduled for an in-person interview at a USCIS field office, where an officer will review your application, verify your identity, and ask questions about your relationship and background.

If your application is approved, your green card will arrive by mail. If your marriage was less than two years old at the time of approval, you will receive a conditional green card valid for two years and will need to file Form I-751 to remove the conditions before it expires.

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Not everyone applies for adjustment through USCIS. If you are in removal proceedings, meaning the government has placed you in immigration court, you may still be able to adjust your status before an immigration judge. But the process is different.

In court, you cannot file the immigrant petition and the I-485 at the same time. The petition must already be approved. A court surcharge applies. And the hearing is adversarial: a government attorney will be present to cross-examine you. Any criminal history will be examined carefully, and the stakes of being unprepared are higher because a denial in court can lead directly to a removal order.

For Framingham families facing removal proceedings, having an experienced adjustment of status lawyer who knows how to prepare a case for immigration court is critical.

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• My Family Member Was Detained by ICE in Massachusetts. What Can I Do?

The government filing fee for Form I-485 is currently $1,440 for applicants age 14 and older, with a reduced fee for children under 14 filing with a parent. Biometrics are included in this amount. Additional fees may apply if you also file for a work permit (Form I-765) or travel document (Form I-131). Government filing fees are subject to change, so verify the current amounts on the USCIS website before you file.

Certain applicants, including VAWA self-petitioners, U visa holders, T visa holders, and Special Immigrant Juveniles, may qualify for fee waivers or exemptions.

At Brooks Law Firm, our immigration legal fees are flat fees collected over time. We do not charge by the hour. During your free consultation, we will explain exactly what the process costs so there are no surprises.

If you are ready to take the next step toward permanent residence, or if you have questions about whether you qualify, Brooks Law Firm is here to help. Our team speaks English, Spanish, and Portuguese, and our Framingham office is part of the community we serve. We work with families from Brazil, Colombia, Guatemala, El Salvador, Honduras, and across Latin America every day, and we understand both the legal process and the life circumstances that bring you here.

Call (617) 245-8090  or contact us online to schedule your free consultation with a Framingham adjustment of status lawyer who will review your case and help you understand your options.