Understanding Adjustment of Status

For individuals who entered the U.S. with a valid visa—like a tourist, student, or work visa—but later fell out of status, Adjustment of Status may be available. This path allows certain immigrants to apply for a green card without leaving the country.

To qualify:

• You must have entered the U.S. with inspection

• You must be married to a U.S. citizen (in most cases)

• You’ll need to submit a green card application, prove the relationship is real, and attend an interview

A work and travel permit can also be requested while the application is pending, helping couples maintain stability during the wait.

The Spouse Visa and Provisional Waiver Route

If someone entered the U.S. without inspection—crossing the border without a visa or documentation—they typically must leave the U.S. to complete the green card process. This is where the Provisional Waiver becomes crucial.

This waiver asks U.S. immigration to forgive the time spent in the U.S. unlawfully. But it’s not automatic. To qualify, couples must prove that the U.S. citizen or lawful permanent resident spouse would face extreme hardship if separated or forced to relocate abroad.

What Counts as Extreme Hardship?

Extreme hardship goes beyond emotional or financial stress. Immigration officials look for compelling factors such as:

• A spouse’s serious health condition requiring treatment in the U.S.

• Career investments that are not transferable to another country

• Deep family ties or caregiving responsibilities in the U.S.

Each case is unique, and crafting a strong waiver application requires clear documentation and legal strategy.

Final Step: The Consular Interview

Once the waiver is approved, the undocumented spouse will attend a green card interview at a U.S. consulate abroad. Most couples are separated for only a few weeks during this final phase. If approved, the immigrant returns as a lawful permanent resident.

Find the Right Path for Your Love Story

Marriage-based immigration can be complicated—but it doesn’t have to be lonely. Whether you’re eligible for Adjustment of Status or need to pursue a Provisional Waiver, there are paths forward. Reach out today if you’re uncertain which applies to your relationship. We’re ready to help you understand your options and walk with you each step of the way.