Adjustment of Status

Understanding Adjustment of Status for Green Card Eligibility

Adjustment of status is the USCIS process that some eligible individuals who are physically present in the United States may use to apply for lawful permanent resident status without leaving the country. Eligibility depends on factors such as the immigration category, manner of entry, visa availability, admissibility, and immigration history. Other applicants may need to complete consular processing outside the United States.

Who This Service May Help

Adjustment of status may be available through several immigration categories. People who may benefit from an individualized eligibility review include:

• Spouses, parents, and unmarried children of U.S. citizens
• Certain relatives in family-preference categories
• Some employment-based applicants
• Certain refugees, asylees, and humanitarian applicants
• People who are unsure whether an overstay, prior entry, unauthorized employment, or another immigration issue affects eligibility

Being included in one of these groups does not automatically establish eligibility. The requirements, exceptions, and risks must be reviewed according to the applicant’s individual circumstances.

How the Adjustment of Status Process Works

1. Confirm the Qualifying Family Relationship

In a family-based case, the petitioner is generally the U.S. citizen or lawful permanent resident who files the family petition. The beneficiary is the family member seeking permanent residence. The process commonly begins when the petitioner files Form I-130, Petition for Alien Relative, on behalf of the beneficiary.

• Immediate relatives of U.S. citizens: a spouse, an unmarried child under age 21, or a parent when the U.S. citizen petitioner is at least 21 years old.
• Family-preference relatives of U.S. citizens: unmarried adult sons and daughters, married sons and daughters, and siblings when the U.S. citizen petitioner is at least 21 years old.
• Family-preference relatives of lawful permanent residents: spouses, unmarried children under age 21, and unmarried adult sons and daughters.

A qualifying family petition does not by itself establish eligibility to adjust status. The applicant must also satisfy the requirements that apply to the specific immigration category and case.

2. Review Adjustment of Status Requirements

Important factors may include:

• Physical presence: Form I-485 is filed while the applicant is physically present in the United States.
• Inspection and admission or parole: many applicants must demonstrate that they were inspected and admitted or paroled into the United States. Requirements and exceptions vary by immigration category.
• Visa availability: an immigrant visa must be available when required. Visas are immediately available to immediate relatives of U.S. citizens, while family-preference applicants generally must follow the Department of State Visa Bulletin.
• Admissibility and adjustment bars: prior immigration violations, unlawful presence, unauthorized employment, criminal history, misrepresentation, removal proceedings, health-related grounds, and other circumstances may affect eligibility. Waivers or exceptions may be available in some cases.

A visa expiration after entry does not automatically answer whether a person may adjust status. Lawful admission, maintenance of lawful status, and adjustment eligibility are separate questions that must be evaluated according to the applicant’s category and individual history.

Adjustment of Status or Consular Processing?

The appropriate path depends on where the applicant is located, whether adjustment is legally available, and the consequences of departing the United States. Applicants should obtain individualized guidance before traveling or choosing a process.

3. Prepare and File the Application

If you are eligible, our team can help prepare and file Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS. We can also help identify supporting forms and organize the evidence required for your application. Some immediate relatives may be able to file Form I-130 and Form I-485 at the same time. Other applicants must wait until an immigrant visa is available. Required evidence, filing location, fees, and supporting forms depend on the case and can change, so applicants should use the current USCIS forms and instructions.

4. Complete Biometrics and a Possible Interview

USCIS may issue a receipt notice and schedule a biometrics appointment to collect a photograph, fingerprints, and signature for identity and background checks. USCIS may also request additional evidence.

USCIS may schedule an interview after its initial review or may waive the interview when permitted. Whether an interview is required and how long the case takes depend on the application category, local workload, and individual circumstances. Applicants should use the USCIS processing-times tool for current estimates rather than relying on a fixed timeline.

5. Receive the USCIS Decision

After reviewing the application, supporting evidence, security checks, and interview when required, USCIS will issue a written decision. If the application is approved, USCIS will produce and mail the Green Card. Some marriage-based applicants receive conditional permanent residence and must later take additional steps to remove the conditions.

Official Resources

• USCIS Form I-485 information and current instructions
• Department of State Visa Bulletin
• USCIS processing-times tool

This page provides general information and is not a substitute for advice about an individual immigration matter. Immigration rules and procedures can change.