Adjustment of Status in Chicago

Family-Based & Employment-Based Green Card Applications From Within the U.S.

Adjustment of status is the process under the Immigration and Nationality Act that lets an eligible noncitizen already in the United States apply for a green card without leaving the country. Applications are filed with and decided by U.S. Citizenship and Immigration Services (USCIS). At Milla & Associates, LLC, we guide Chicago-area clients through both family-based and employment-based adjustment of status cases, including cases complicated by inadmissibility issues or removal proceedings.

Founder Robert C. Milla has practiced immigration law since 2006, and that depth of experience means we can address the full picture of a client’s situation, not just the green card filing itself.

If you’re ready to take the next step toward permanent residence, call us at (312) 702-1782 or use our contact form to schedule a consultation with our team.

Who Qualifies for Adjustment of Status

Eligibility generally requires qualifying under INA section 245(a), having an immigrant visa number immediately available, and being admissible to the United States. A narrower path under INA section 245(i) may still apply to certain applicants grandfathered under a qualifying petition or labor certification filed on or before April 30, 2001. Inadmissibility based on certain criminal history or prior misrepresentation can bar approval, though an approved I-601 waiver of inadmissibility can address certain grounds for some applicants.

Family-Based Eligibility
Immediate relatives of U.S. citizens, including spouses, unmarried children under 21, and parents, face no annual visa cap. Other family preference categories are subject to annual limits and can involve significant backlogs depending on the applicant’s country of birth and preference category.

Employment-Based Eligibility
Employment-based applicants typically need an approved Form I-140 immigrant petition and, for many categories, a labor certification from the U.S. Department of Labor. Visa number availability varies by preference category and country of chargeability, which determines when an applicant can file Form I-485.

How the Adjustment of Status Process Works

The process starts with an underlying immigrant petition: Form I-130 for family-based cases or Form I-140 for employment-based cases. Once a visa number is available, the applicant files Form I-485 with USCIS, which then schedules a biometrics appointment at an Application Support Center to collect fingerprints and photographs.

Some cases require an in-person interview at a USCIS field office. From there, USCIS may approve the application, issue a Request for Evidence asking for additional documentation, or deny the application. Certain denials can be challenged through a motion to reopen or reconsider. While Form I-485 is pending, applicants can request an Employment Authorization Document and advance parole (Form I-131) to work legally and travel outside the country without abandoning the application.

Our downtown Chicago office is located near the USCIS Chicago Field Office, which allows us to address time-sensitive matters and coordinate efficiently with local agencies and courts on behalf of our clients.

Adjustment of Status vs. Consular Processing

Adjustment of status is available only to eligible individuals already in the United States. Applicants outside the country use consular processing instead, obtaining an immigrant visa through a U.S. embassy or consulate before entering as a lawful permanent resident. Not everyone currently in the United States qualifies for adjustment of status, and in some situations consular processing remains the applicable path even for someone physically present here, depending on how they entered and their current immigration status.

We help clients understand which route applies to their circumstances and what the practical differences in timeline and risk can mean for their case.

Cases Complicated by Inadmissibility or Removal Proceedings

Some adjustment-of-status cases involve more than a straightforward USCIS filing. Prior unlawful presence, a prior overstay, or a finding of misrepresentation can trigger inadmissibility grounds that must be resolved before a green card can be approved. In some of those situations, an I-601 waiver of inadmissibility may provide a path forward.

When a noncitizen is in removal proceedings, adjustment of status can sometimes be raised as a form of relief before an immigration judge at the Chicago Immigration Court rather than through the standard USCIS process. Milla & Associates, LLC provides removal defense alongside family-based and employment-based immigration services, so clients facing removal proceedings don’t need a separate firm to handle that layer of their case. We’ve represented clients pursuing adjustment of status through marriage-based petitions that also required a waiver of inadmissibility, and we know how to coordinate those overlapping filings.

Our Team’s Experience With Adjustment of Status Cases

Justin K. Hoefflicker, of counsel at Milla & Associates, LLC, has been an attorney since 2011 and brings extensive experience with employment-based immigrant visa categories from EB-1 through EB-5. That background is directly relevant to employment-based adjustment of status cases, where the underlying preference category shapes both eligibility and strategy.

We prioritize keeping clients informed at every stage. Immigration cases involve federal agencies, shifting wait times, and procedural steps that aren’t always intuitive. Our goal is to help each client understand what’s happening, what comes next, and what their options are when complications arise.

Discuss Your Green Card Case With Our Chicago Team

Whether your adjustment of status case is straightforward or involves a waiver, an employer sponsor, or a pending removal proceeding, we’re ready to review your situation and explain what we can do. Call us at (312) 702-1782 or submit a message through our contact form to schedule a consultation with Milla & Associates, LLC.