Have you ever wondered what protections you gain once you’ve filed your adjustment of status application… and what questions you might face next? Understanding your rights after adjustment of status is key to ensuring peace of mind during what can be a long wait.
Today, we’re taking a closer look at the legal protections submitted applicants enjoy, including staying in the U.S., pursuing work, and securing travel permissions.
Adjustment of Status Process
The status adjustment process is how certain immigrants apply for lawful permanent residence without leaving the United States. There are three core points to understand:
- What adjustment of status means, and who qualifies
- How it differs from consular processing
- The general steps that happen before and after filing
Adjustment of Status
Adjustment of status allows eligible applicants already in the U.S. to become permanent residents without returning to their home country for visa processing. It is usually available to people with:
- Approved family or employment petitions
- Asylum or refugee status
- Other qualifying categories
How It Differs From Consular Processing
Consular processing requires applicants to return to their country and complete their visa interview at a U.S. consulate. Adjustment of status avoids international travel during the application phase, which can be safer and more practical for many.
Before and After Filing
The process begins with filing Form I-485, along with supporting evidence and any required fees. After filing for status change, applicants often receive a biometrics appointment and may need to attend an interview. Post-filing immigration steps can include responding to requests for evidence and waiting for the final USCIS decision.
Your Rights After Adjustment of Status Filing
When you submit your adjustment of status application, you gain certain legal protections while waiting for a decision. There are four main rights after adjustment of status:
- The right to remain in the United States during the case review
- The right to apply for work authorization
- The right to request travel permission
- Certain protections from removal
The Right to Remain in the United States During Case Review
Once you have filed your application, you are allowed to stay in the U.S. while your case is pending. It means you do not need to leave the country while waiting for a decision, as long as you follow the conditions of your pending status.
The Right to Apply for Work Authorization
Applicants can request an Employment Authorization Document, or EAD. This card lets you work legally for almost any employer in the United States while your application is in process. Applying early can help you avoid long periods without income.
The Right to Request Travel Permission
Advance Parole is a document that allows you to travel outside the country and return without losing your application. Leaving the U.S. without it could mean your case is considered abandoned.
Certain Protections from Removal
While your application is pending, you are often protected from being placed in removal proceedings. This protection is not absolute, so following all immigration rules is important to keep your case active.
Employment Authorization and Work Rights
When you file for a status change, one of the most important steps you can take is applying for the right to work. There are a few main points to know about work rights after filing:
- How to apply for an Employment Authorization Document
- What types of work are permitted under this document
- What to expect with timing and possible delays
How to Apply for an Employment Authorization Document
The Employment Authorization Document, often called an EAD, is a card issued by U.S. Citizenship and Immigration Services. You can request it by filing Form I-765, usually at the same time as your I-485 application or after it. Supporting evidence, such as proof of identity and your pending adjustment application, must be included.
What Types of Work Are Permitted Under This Document
With an EAD, you can work for almost any employer in the United States. You aren’t limited to the job or field tied to your original immigration petition. You can:
- Change jobs
- Work part-time or full-time
- Take on multiple jobs
What to Expect With Timing and Possible Delays
Processing times for an EAD can vary. Some applicants receive theirs in a few months, while others may wait longer.
Applying as early as possible can help reduce the gap between filing and being able to work. It’s also wise to keep track of your case status so you can respond quickly if more information is needed.
Travel Permissions and Restrictions
Once you’ve filed for a status change, you might wonder if it’s safe to leave the United States before your case is decided. There are three key points to understand about travel during the post-filing immigration steps:
- What Advance Parole is and why it’s needed
- The risks of leaving the country without it
- How travel may affect your case timeline
What Advance Parole Is and Why It’s Needed
Advance Parole is a document issued by U.S. Citizenship and Immigration Services. It allows you to leave the United States and return without giving up your pending application. Without it, your adjustment of status request can be treated as abandoned, and you would have to start over.
The Risks of Leaving the Country Without It
Traveling outside the country without Advance Parole almost always results in your case being closed. It can mean losing your place in line and facing long delays before you can apply again. Even emergency travel can cause issues if you haven’t received this document first.
How Travel May Affect Your Case Timeline
Even with Advance Parole, travel can sometimes slow your case. USCIS may need to reschedule your biometrics or interview if you’re away. If possible, plan travel during periods when you don’t expect important appointments or deadlines.
Immigration Rights
Understanding your rights after adjustment of status helps you make informed choices while your case is pending.
Vanderwall Immigration is a law firm based in Beaverton and Salem, Oregon, and we’re committed to helping you reach your immigration goals. As members of immigrant families ourselves, we understand the stress this process can bring. We offer clear communication, fixed fees, and flexible payment plans, serving clients across Oregon, Washington, and beyond.
Get in touch today to find out how we can help with your immigration needs.
The information provided in this blog is for general informational purposes only and does not constitute legal advice. Immigration laws are complex and constantly changing, and the details discussed here may not apply to your specific situation. Reading this post does not create an attorney–client relationship. For legal guidance regarding your case, please contact Vanderwall Immigration directly.
