Adjustment of Status
Adjustment of status is the path to a green card from inside the United States for those who qualify — including under the Cuban Adjustment Act.
Speak with the AttorneyThe public charge framework changed on September 18, 2026. Our public charge checker identifies which rule applies to an adjustment application and what USCIS says it weighs.
What it is
Adjustment of status (Form I-485) is the process of applying for lawful permanent residence without leaving the country, for those eligible. An approved application makes you a lawful permanent resident — a green card holder — with the right to live and work in the United States permanently, and, in time, a possible path to citizenship.
What the process can look like
An eligibility analysis; preparation of the application; addressing any questions of inadmissibility; and preparing for the interview.
How Montoya Law Group approaches it
A careful look at eligibility and the full picture of the case, with attention to the documentation and discretion that these decisions can involve.
Basic eligibility
Adjustment of status generally requires an approved or concurrently filed petition, an immigrant visa that is available, and — in most family and employment cases — a lawful entry: that you were inspected and admitted or paroled into the United States. Some categories forgive certain status lapses; others do not. A narrow statutory exception also preserves eligibility for some beneficiaries of petitions filed decades ago. Which rules govern your case is a question of record, not guesswork.
The Cuban Adjustment Act
Cuban natives and citizens have a separate path: the Cuban Adjustment Act allows an application for permanent residence after one year of physical presence in the United States following inspection and admission or parole, together with admissibility. Spouses and children residing with the applicant may also qualify. The details of entry and presence are decisive, and they must be documented.
Discretion and the interview
Adjustment is a discretionary benefit: USCIS weighs the whole record, not just the checklist. Recent policy has sharpened that discretionary review — Montoya Law Group's plain-English analysis of the 2026 USCIS adjustment memo is in this Insights piece. Preparation means a complete, consistent filing, candor about anything in the record, and readiness for the interview. Travel or work while the application is pending raises its own questions — ask before acting.
Lawful permanent residence from Miami
Most people who adjust status in Miami are already living here, and the case is built from the record their life in South Florida has produced: entries and departures, status history, the qualifying relationship or employment, and the documents that establish each. Filing is with USCIS rather than a consulate abroad, and interviews are scheduled at the local field office serving Miami-Dade. Certain categories follow their own rules — the Cuban Adjustment Act above, and, for people who hold U nonimmigrant status, a separate process with its own three-year requirement described on the U visa page.
Where a consultation begins
A consultation reviews your entries, your status history, the petition that would anchor the case, and anything in the record that needs explaining — with a candid view of eligibility and discretion before anything is filed.
Request a ConsultationThis page is general legal information, not legal advice, and does not create an attorney-client relationship. Every case depends on its own facts, and prior results do not guarantee a similar outcome. Consult a qualified immigration attorney about your situation. This website is attorney advertising.