Adjustment of Status Attorney in Austin: Get Your Green Card Without Leaving the United States
Adjustment of status lets you become a permanent resident from inside the United States. You file Form I-485 with USCIS, you can work and wait here while your case is pending, and you receive your green card without traveling to a consulate abroad. For the families who qualify, it is the safest and most comfortable path to a green card.
The hard part is knowing whether you qualify. Adjustment of status depends on how you entered the United States, who is sponsoring you, and what has happened since. For more than 20 years, the Law Offices of Michael Ponder has answered that question for families in Austin and throughout Texas, in English and Spanish, and then prepared their cases from the first petition through the green card interview.
Who Can Adjust Status
Most of our adjustment clients qualify in one of these ways:
You entered the United States legally with a visa or were paroled in, and you are the spouse, unmarried child under 21, or parent of a U.S. citizen. As the immediate relative of a citizen, you can usually adjust even if your visa expired or you overstayed.
You entered legally and have kept a lawful status, and a family petition is current in your category, such as through a green card holder spouse or parent.
A family or employment petition or labor certification was filed for you, or for a parent or spouse, on or before April 30, 2001. Under a law called section 245(i), you may be able to adjust even if you entered without inspection.
Who Usually Cannot Adjust Status
Many people are surprised to learn that marriage to a U.S. citizen is not enough by itself. You usually cannot adjust status if:
You entered the United States without inspection and you do not qualify under section 245(i)
You entered as a crewman or in transit without a visa
You were deported before, or you entered or tried to enter illegally after spending more than a year here without status
You have certain criminal convictions or a past immigration fraud finding
If adjustment is not available to you, you may still have a path. Many families in this situation can get a green card through consular processing, often with a provisional I-601A waiver approved before the trip abroad. See our immigration waiver and consular processing page, or compare both paths on our green card page.
What We File for You
Form I-130, Petition for Alien Relative, filed by your U.S. citizen or permanent resident family member
Form I-485, Application to Register Permanent Residence or Adjust Status
Form I-864, Affidavit of Support, with a joint sponsor if needed
Form I-693, the medical exam completed by a USCIS approved doctor
Form I-765 for a work permit while your case is pending
Immediate relatives of U.S. citizens can usually file the I-130 and I-485 together. In other family categories, the I-485 waits until your priority date is current.
Preparing your I-485 yourself? Our $950 Document Review Service checks every page before you file.
Think Twice Before You Travel
Leaving the United States while your I-485 is pending usually abandons your application unless you first receive advance parole. In 2026, the Board of Immigration Appeals also decided that a trip on advance parole can trigger the 10 year bar for someone who previously spent a year or more in the United States without status. If you have any history of unlawful presence, talk to us before you plan any trip.
The Green Card Interview
Most family adjustment cases end with an interview at a local USCIS office. Marriage cases focus on whether your relationship is real, so the evidence you gather from the start matters. We hold a preparation session with you before every interview, and attorney attendance at the interview is available for an additional charge.
How We Help
Confirm whether you can adjust status or need consular processing
Review your entries, departures, and any arrests before USCIS does
Prepare and file your petition, application, and supporting evidence
Find a joint sponsor strategy if your sponsor's income is not enough
Respond to requests for evidence and prepare you for your interview
Plan your next steps, including removing conditions and U.S. citizenship
Common Questions
I came on a tourist visa and overstayed. Can I still get my green card here? If you marry a U.S. citizen, or your U.S. citizen child is 21 or older, usually yes, because immediate relatives of citizens are forgiven for overstays. Timing can raise questions, so talk to us before you file.
Can I work while my case is pending? Yes. You can apply for a work permit with your I-485, and many applicants receive it months before the green card.
How long does adjustment of status take? Marriage cases often take a year or more, but wait times change with USCIS priorities. We will give you an estimate based on similar cases we have filed recently.
I entered without papers. Is adjustment of status possible? Usually only if you qualify under section 245(i). Many people in this situation qualify for consular processing with a waiver instead. Do not assume you have no options until you talk to an attorney.
Start With a Free Guidance Session
Every situation is different. Schedule a free 15 minute guidance session to talk through yours, or book a full consultation for detailed legal advice. Call or text (512) 300-0810.