Immigration Process
Adjustment of Status — I-485 for Green Card Without Leaving the US
Adjustment of Status (I-485) lets eligible people already in the United States obtain their green card without returning to their home country for consular interview. Requires: lawful entry, an approved I-140 or I-130 petition, and a current priority date in the month you file.
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Who qualifies for Adjustment of Status
You qualify if: (1) you entered the US with inspection (no illegal border crossing), (2) you maintained valid status OR fall under section 245(i) or 245(k), (3) you have an approved I-140 or I-130 petition, and (4) your priority date is current in the Visa Bulletin for the month you file. Spouses of US citizens can file I-485 concurrently with the I-130 petition (concurrent filing).
Eligible categories for Adjustment of Status
| Category | Base petition |
|---|---|
| Spouse of US citizen | I-130 (concurrent filing allowed) |
| Immediate relatives (parents, unmarried children <21) | I-130 (concurrent filing allowed) |
| Other family categories (siblings, etc.) | I-130 (depends on Visa Bulletin) |
| EB-1 Extraordinary Ability | I-140 (concurrent if priority date current) |
| EB-2 NIW | I-140 (concurrent if priority date current) |
| EB-3 Skilled Worker | I-140 + approved PERM |
| EB-5 Investor | I-526 |
| Refugee/Asylee after 1 year | I-485 direct |
Brazilians have CURRENT priority dates in EB-1, EB-2, EB-2 NIW, and EB-3 in May 2026 — window open for concurrent I-485.
Documents required for I-485
- Form I-485 + USCIS fee of $1,440 per person
- Birth certificate (translated + apostilled)
- Marriage certificate (if applicable, translated + apostilled)
- Valid passport with copy of visa page + most recent I-94
- USCIS medical exam (Form I-693) by designated civil surgeon
- Proof of approved base petition (I-140 or I-130 with receipt notice)
- 6 passport-style photos
- Travel history (CBP I-94 history for last 5 years)
- Proof of status maintenance (if EB-based: pay stubs, employment offers)
Typical timelines (2026)
| Stage | USCIS average |
|---|---|
| I-485 receipt notice | 2–4 weeks after filing |
| EAD (I-765) approval | 6–8 months |
| Advance Parole (I-131) approval | 6–8 months |
| Biometrics appointment | 2–4 months after receipt |
| USCIS interview (when required) | 6–14 months |
| Final decision + physical green card | 8–18 months total |
EB-based AoS without interview (rare in 2026): 6–10 months. Marriage-based AoS almost always interviewed: 10–16 months.
Benefits available during pending I-485
After filing I-485 you receive: (1) Employment Authorization Document (EAD) — work permit for any employer, valid ~2 years, renewable; (2) Advance Parole (AP) — permission to travel outside the US without abandoning the pending I-485; (3) protection from accruing unlawful presence while I-485 is pending. EAD + AP are typically approved in 6–8 months. Before then, you need to maintain your original status (F-1, H-1B, etc.) to keep working or traveling.
Total Pinho Law cost — complete Adjustment of Status
| Item | Amount |
|---|---|
| USCIS I-485 fee (per person) | $1,440 |
| USCIS I-765 fee (EAD, included in concurrent I-485) | $0 separately |
| USCIS I-131 fee (Advance Parole, included in concurrent I-485) | $0 separately |
| Medical exam (civil surgeon) | $200–500 (varies by doctor) |
| Pinho Law fees — AoS via EB-based | $5,500–8,000 |
| Pinho Law fees — AoS via marriage-based | $4,500–7,000 |
| Document translation (Brazilian docs) | $200–600 |
Concurrent filing (I-485 + I-765 + I-131 together) includes EAD and Advance Parole with no additional USCIS fees. Separate filings pay separate fees.
Why get a case assessment before filing
A poorly-documented I-485 almost always draws a Request For Evidence (RFE), delaying the case 6–14 months. Cases prepared by experienced attorneys see RFEs <5% of the time; self-filers see ~30%. Most common traps: (1) filing when priority date is no longer current (case sits in standby for years), (2) status gaps between visas not properly documented, (3) international travel without approved Advance Parole (I-485 abandonment), (4) criminal history not disclosed proactively. At Pinho Law, 174 AoS cases produced only 1 denial in the firm's entire history.
Frequently asked questions about Adjustment of Status
How long does the green card take through I-485?
In 2026, USCIS average is 8–18 months between filing and physical green card. EB-based cases (no interview) fall in 6–10 months. Marriage-based (almost always interviewed) fall in 10–16 months. EAD and Advance Parole come in 6–8 months, allowing you to work and travel before the green card itself.
Can I work while I-485 is pending?
Yes, with EAD (Employment Authorization Document). File the I-765 with the I-485 (concurrent filing) and receive EAD in 6–8 months. With valid EAD you can work for any US employer. Before EAD arrives, you need to maintain your current status (F-1, H-1B, etc.) to keep working.
Can I travel outside the US while I-485 is pending?
Not without approved Advance Parole (I-131). Traveling without AP is considered abandonment of the I-485 and the case is closed. File the I-131 with the I-485 (concurrent filing) and receive AP in 6–8 months. With valid AP you can re-enter the US without affecting the I-485.
What is the Visa Bulletin and why does it matter for I-485?
The Visa Bulletin is a monthly State Department publication showing which priority dates are 'current' (eligible to file I-485). In May 2026, Brazilians are CURRENT in EB-1, EB-2, EB-2 NIW, and EB-3 — window open to file. If the priority date retrogresses, you can't file until it becomes current again.
Can I file I-485 with an expired I-94?
It depends. Spouses of US citizens: yes, even with status lapse (section 245(i) or 245(k)). EB-based: must maintain valid status until filing; limited exceptions exist. Long lapses (>180 days) may trigger 3 or 10-year bars. Case-by-case assessment required.
Does I-485 guarantee the green card?
No. USCIS can deny for: criminal history, fraud in original petition, status abandonment, false statements in interview, or ineligibility discovered in medical exam (certain communicable diseases). Cases prepared by experienced attorneys have 91% broad approval rate at our firm (174 cases, only 1 denial).
Can I do Adjustment of Status without USCIS interview?
Yes for EB-based (employer-based) cases — USCIS may waive interview when documentation is clear. For marriage-based cases, interviews are essentially mandatory in 2026 (USCIS verifies marriage bona fides). Pinho Law prepares every client with a mock interview weeks ahead.
How much does complete Adjustment of Status cost at Pinho Law?
Firm fees: $4,500–8,000 (varies by category). USCIS fee: $1,440 per person. Medical exam: $200–500. Concurrent filing (I-485 + EAD + Advance Parole) included with no additional USCIS fees. Marriage-based typically costs less than EB-based because strategy is simpler.
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Schedule a consultation today. We will listen, assess your situation, and give you a clear path forward — in the language you are most comfortable with.