1. What is Adjustment of Status?
Adjustment of Status (AOS) is the process that allows certain individuals who are already physically present in the United States to apply for lawful permanent resident status (a Green Card) without leaving the country for consular processing abroad.
It is commonly used by individuals who entered the U.S. on a temporary visa (tourist, student, work visa) and later became eligible for permanent residence.
2. Who is eligible for Adjustment of Status in 2026?
Eligibility depends on your immigration history and category. Generally, you must:
- Have entered the U.S. lawfully (with inspection or parole)
- Have an immigrant visa immediately available (based on the Visa Bulletin, if applicable)
- Be physically present in the United States at the time of filing
- Not be barred due to certain violations or inadmissibility grounds
Immediate relatives of U.S. citizens (spouse, unmarried child under 21, or parent of a U.S. citizen over 21) usually have visa numbers immediately available and may file concurrently.
Some employment-based and family preference categories must wait for priority dates to become current.
3. What forms are required in 2026?
Most AOS cases include:
- Form I-485 – Application to Register Permanent Residence
- Form I-130 – Family-based petition (if applicable)
- Form I-140 – Employment-based petition (if applicable)
- Form I-765 – Work permit (optional)
- Form I-131 – Advance Parole (optional)
- Form I-864 – Required for most family-based cases
2024–2026 Update: USCIS no longer bundles I-765 and I-131 fees with I-485 in most cases. Separate filing fees may now apply. Always confirm current fees before filing.
4. How long does the Adjustment of Status process take in 2026?
Processing times vary by USCIS field office and case type.
- Family-based cases: typically 10–18 months
- Employment-based cases: often 8–15 months
- Some backlogged categories may take longer
Processing times depend on:
- Field office workload
- Requests for Evidence (RFEs)
- Interview requirements
- Background check delays
5. Can I work while my Adjustment of Status application is pending?
Yes. You may apply for an Employment Authorization Document (EAD) using Form I-765.
Once approved, you can legally work in the U.S. while your green card case is pending.
EAD processing times in 2026 typically range from 3–7 months, depending on category.
6. Can I travel while my case is pending?
You must first obtain Advance Parole by filing Form I-131.
Leaving the U.S. without Advance Parole may result in your case being considered abandoned (with limited exceptions for certain dual-intent visa holders such as H-1B or L-1).
Travel can also trigger unlawful presence bars in certain situations. Always consult before traveling.
7. Is the interview still required?
Most family-based AOS applicants are required to attend an in-person interview at a local USCIS office.
However, in recent years, USCIS has waived some interviews, particularly in:
- Certain employment-based cases
- Straightforward family-based renewals
- Cases with strong documentary evidence
Interview policies may change depending on USCIS workload and internal directives.
8. What if I entered without inspection?
Generally, individuals who entered without inspection (EWI) are not eligible to adjust status inside the U.S.
Exceptions may include:
- Beneficiaries of §245(i) (if properly grandfathered)
- Certain parole programs
- Asylees and refugees
- VAWA self-petitioners
- Special humanitarian categories
Each case must be reviewed carefully.
9. Can my family members apply with me?
Yes. Eligible derivatives (usually spouse and unmarried children under 21) may file their own Form I-485 as dependents if a visa is available in the category.
Each applicant must file separately and pay separate filing fees.
10. What medical exam is required?
Applicants must submit:
- Form I-693
2023–2026 Update: USCIS now allows Form I-693 to remain valid indefinitely if properly completed and signed by a civil surgeon (subject to policy changes).
11. What happens if my case is denied?
If denied, USCIS will issue a written notice explaining the reason.
Possible next steps may include:
- Filing a Motion to Reopen or Reconsider
- Refiling the case (if eligible)
- Appealing (if applicable to the petition)
- Defending in removal proceedings (if placed in proceedings)
Denial can carry serious consequences, so proper case preparation is critical.
12. What are the government filing fees in 2026?
Fees change periodically. As of recent updates:
- Form I-485: Varies by age and category
- Form I-765: Separate filing fee required in most categories
- Form I-131: Separate filing fee required in most categories
Always confirm current fees directly with U.S. Citizenship and Immigration Services before filing.