What Is Adjustment of Status?
For families in Manchester who have built their lives in New Hampshire, adjustment of status is the legal process that allows you to become a lawful permanent resident (a green card holder) from inside the United States. Instead of traveling back to your home country and applying through a U.S. consulate abroad, you file your application with U.S. Citizenship and Immigration Services (USCIS) and attend your interview locally.
The process is governed by Section 245(a) of the Immigration and Nationality Act (INA). It applies to people who entered the country lawfully and who have an approved immigrant petition or qualify to file one at the same time as their green card application. Adjustment of status is available through family-based sponsorship, certain employment categories, and humanitarian protections such as VAWA self-petitions, U visas, and Special Immigrant Juvenile Status.
The burden of proof is on you as the applicant. You must demonstrate that every requirement is met. Not everyone who is eligible for a green card can adjust status from inside the country; some applicants must apply through consular processing abroad instead. An immigration attorney can help you understand which path applies to your situation.
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Who Is Eligible to Adjust Status?
Manchester residents considering an adjustment of status application must meet several requirements under federal law. While every case is different, the general eligibility requirements are:
An approved immigrant petition or one filed at the same time. For most family-based cases, this means a Form I-130 filed by a U.S. citizen or permanent resident spouse, parent, or other qualifying relative. Immediate relatives of U.S. citizens (spouses, parents, and unmarried children under 21) can file the I-130 and the green card application together, which is called concurrent filing.
A visa must be immediately available. Immediate relatives of U.S. citizens always have a visa available. Other family categories must wait until their priority date is current on the monthly Visa Bulletin published by the U.S. Department of State.
Inspected and admitted or paroled into the United States. You must have entered the country through an official port of entry and been inspected by an immigration officer. If you entered without inspection, you generally cannot adjust status inside the country unless you qualify under a narrow exception. VAWA self-petitioners are exempt from this requirement.
No statutory bars to adjustment. Certain immigration violations, such as unauthorized employment or failure to maintain lawful status, can create bars to adjustment under INA Section 245(c). Immediate relatives of U.S. citizens are exempt from the bars related to unauthorized employment and failure to maintain status.
Admissible under immigration law, or eligible for a waiver. Grounds of inadmissibility include certain criminal convictions, health-related issues, immigration fraud, false claims to U.S. citizenship, and prior removal orders. Some grounds can be waived through Form I-601, while others cannot be waived at all.
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Why Preparation Matters More Than Ever
The stakes of an adjustment of status application in Manchester have increased. On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, which directs officers to treat adjustment of status as a discretionary benefit and an “extraordinary form of relief” rather than a routine step. The memo does not change who is eligible to apply, but it signals that officers will apply heightened scrutiny when deciding whether to approve an application.
Adjustment of status has always been discretionary. Even when an applicant meets every eligibility requirement, USCIS can deny the application as a matter of discretion. Under the 2022 Supreme Court decision in Patel v. Garland, federal courts generally cannot review these discretionary denials. That combination makes it critical to present a thorough, well-documented application from the start.
For families in Manchester’s Hispanic, Latin American, and Brazilian communities, this means every document in your filing package needs to be complete, every question on the forms needs to be answered accurately, and your case needs to clearly demonstrate why you merit approval. An experienced Manchester adjustment of status lawyer can help you build that record before USCIS ever sees it.
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The Forms in Your Filing Package
Applicants in Manchester preparing an adjustment of status case typically need to file several forms together. The exact combination depends on the basis for your green card, but a standard family-based filing usually includes:
Form I-485 (Application to Register Permanent Residence or Adjust Status) is the core application. It asks for your biographical information, immigration history, and whether any grounds of inadmissibility apply.
Form I-130 (Petition for Alien Relative) establishes the qualifying family relationship. For immediate relatives of U.S. citizens, it is usually filed together with the I-485.
Form I-864 (Affidavit of Support) proves that your sponsor has sufficient income to support you financially so you are not likely to become a public charge. VAWA, U visa, T visa, and SIJS applicants are exempt from this requirement.
Form I-765 (Application for Employment Authorization) allows you to apply for a work permit while your green card application is pending.
Form I-131 (Application for Travel Document) allows you to apply for advance parole so you can travel outside the United States and return without abandoning your pending application.
Form I-693 (Report of Medical Examination and Vaccination Record) must be completed by a USCIS-designated civil surgeon and submitted in a sealed envelope. It documents your medical exam and required vaccinations.
Each form has its own filing requirements, supporting evidence, and potential consequences for errors. A missing signature, an incomplete answer, or an outdated medical exam can trigger a Request for Evidence (RFE) that adds months to your case.
Your USCIS Interview in the Manchester Area
New Hampshire residents filing for adjustment of status through USCIS will generally have their interview scheduled at the USCIS Manchester Field Office, located in nearby Bedford, New Hampshire. This is the office that handles green card interviews, biometrics appointments, and other immigration benefits for people living in the Manchester area.
At the interview, a USCIS officer will review your application, verify your identity, and ask questions about your eligibility, your family relationship (in marriage-based cases), and whether any grounds of inadmissibility apply. The officer may also ask about your immigration history, employment, and any criminal record.
Marriage-based cases receive particular scrutiny. The officer will ask questions designed to confirm that your marriage is genuine and was not entered into to obtain immigration benefits. Being prepared for these questions, and having organized evidence of your shared life together, can make a meaningful difference.
If your case involves adjustment of status in immigration court rather than with USCIS, the process is different. New Hampshire does not have its own immigration court. Cases for Manchester residents in removal proceedings are heard at the Boston Immigration Court, or at the Chelmsford Immigration Court for individuals who are detained. In court, the government attorney cross-examines you, and the hearing is adversarial. Legal representation is especially important in these cases.
Criminal Records and Adjustment of Status
For Manchester residents with any criminal history, understanding how it interacts with your green card application is essential. Immigration law uses its own definition of “conviction,” and it does not always match what state law says.
A criminal disposition that is not treated as a conviction under New Hampshire or Massachusetts law may still count as one for immigration purposes. For example, a Massachusetts continuance without a finding (CWOF) is not a conviction under state law, but it is one under federal immigration law. Similarly, certain dispositions in New Hampshire, including cases that have been annulled under state law, may still be considered convictions by USCIS and immigration courts. The analysis is case-by-case and depends on the specific terms of the disposition.
Controlled substance violations are a particular concern. Marijuana remains a federal controlled substance, and a drug-related conviction or admission can trigger inadmissibility even if the substance is legal or decriminalized under state law. Crimes involving moral turpitude can also create bars to adjustment of status, though a petty-offense exception may apply in limited circumstances. There is no single list that defines which crimes qualify; each case is evaluated individually.
A false claim to U.S. citizenship is one of the most serious grounds of inadmissibility because it has no waiver. If this ground applies, adjustment of status is not available.
An immigration attorney who understands the intersection of criminal law and immigration law can review your record and help you understand what it means for your case before you file.
How an Adjustment of Status Attorney Helps
Working with a Manchester adjustment of status attorney gives you a team that understands both federal immigration law and the practical realities of filing in New Hampshire. At Brooks Law Firm, our attorneys and paralegals work together on every case so you always have someone who knows your file.
An attorney can help you determine whether you are eligible to adjust status or whether consular processing is the better path. They can identify potential issues with your case, such as unlawful presence, prior immigration violations, or criminal history, before those issues become problems with USCIS. They prepare your forms, organize your evidence, and walk you through every step of the process so there are no surprises.
Because immigration law is federal, an attorney licensed in any state can represent you in immigration matters nationwide. Brooks Law Firm serves Manchester and other New Hampshire communities from our offices in Massachusetts.
Our immigration fees are flat-rate and collected over time, so you know what your case will cost before we begin. We never charge by the hour for immigration matters.
If you are a member of Manchester’s Hispanic, Latin American, or Brazilian community and need help with your green card application, call (617) 245-8090 or contact us online to schedule a free consultation with an adjustment of status lawyer who understands your situation.
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Frequently Asked Questions
Processing times depend on the type of case, current USCIS workloads, and whether any issues arise during review. Government processing times change frequently and should be checked against the most current USCIS data. Delays are common, especially if USCIS issues a Request for Evidence. Your attorney can help you track your case and respond quickly to any requests.
You can apply for an Employment Authorization Document (EAD) using Form I-765 at the same time you file your I-485. Once approved, the EAD allows you to work legally in the United States while your green card application is being processed.
A denial letter will explain the reasons. Depending on the circumstances, there may be options available, such as filing a motion to reopen or reconsider, or pursuing other forms of immigration relief. If you are in removal proceedings, a denial of adjustment of status does not end your case, but it does remove one form of relief. Having an attorney already familiar with your case is important if this happens.
No. You are not required to speak English during your adjustment of status interview. You have the right to bring a qualified interpreter, and using the language you are most comfortable in is completely normal.