Adjustment of status: apply for your green card without leaving the US
Adjustment of status is the process of applying for a green card from inside the United States, using Form I-485, Application to Register Permanent Residence or Adjust Status. It allows eligible applicants to stay in the US with their families and, in many cases, keep working while their case is processed, instead of returning to their home country for an immigrant visa interview at a US consulate.
Because adjustment of status has strict eligibility rules, a careful review before filing is essential. A mistake can lead to denial, lost fees or even removal proceedings.
Who can apply for adjustment of status?
You may be eligible if you are physically present in the United States and have a basis for a green card, such as:
- Family: an approved or pending I-130 petition, including a marriage green card case as the spouse of a US citizen
- Fiancé(e): a K-1 fiance visa followed by marriage to the petitioner within 90 days
- Employment: an employment-based petition such as EB-1, EB-2 NIW or EB-3
- Investment: an approved or pending EB-5 petition
- Humanitarian: U visa or T visa status held for the required period
Key eligibility requirements
- Lawful entry. In general, you must have been inspected and admitted or paroled into the United States.
- A visa number available. Immediate relatives of US citizens can file right away. Other applicants must wait until their priority date is current in the State Department’s Visa Bulletin.
- Maintained status. Many applicants must have stayed in lawful status. Immediate relatives of US citizens are usually forgiven past overstays and unauthorized work, and some employment-based applicants have limited protection for short violations.
- Admissibility. You must not be barred by certain criminal, immigration or health grounds, or you must qualify for a waiver.
Some people who entered without inspection may still qualify under older laws or special programs. Others will need to apply through a US consulate abroad. We assess this carefully before filing.
What the adjustment of status package includes
- Form I-485, the green card application
- Form I-765, a request for a work permit (EAD)
- Form I-131, a request for advance parole, a travel document
- Form I-864, Affidavit of Support, for most family-based cases
- Form I-693, a medical exam report from a USCIS-approved civil surgeon
- Supporting documents such as passports, birth certificates, entry records and proof of eligibility
The adjustment of status process
- Eligibility review of your immigration history, entries and any past issues
- Filing the I-485 package with USCIS, often together with the underlying petition for immediate relatives
- Biometrics appointment for fingerprints, photo and signature
- Work permit and travel document, which usually arrive while the case is pending
- Interview with USCIS, often required in family cases
- Decision, followed by your green card arriving by mail
Benefits while your case is pending
- Work permit (EAD), so you can work for any employer
- Advance parole, which lets you travel abroad and return
- Remaining with your family in the US during processing
- Job flexibility for some employment-based applicants after the case has been pending for 180 days
Traveling while your case is pending
In most cases, leaving the US without advance parole causes your application to be treated as abandoned. Some H-1B and L-1 visa holders who keep their status can travel on their visas. Always talk to your attorney before any international travel.
Adjustment of status vs. consular processing
If you are outside the United States, or not eligible to adjust, your green card case is processed through the National Visa Center and a US embassy or consulate instead. Learn more about NVC & consular processing. We help you choose the path that is safest and fastest for your situation.
Frequently asked questions
How long does adjustment of status take? Processing times vary by USCIS office and case type, often from several months to more than a year.
Can I adjust status after entering on a visitor visa? Sometimes, particularly for spouses of US citizens, but the reasons for your trip and the timing matter. Get advice before filing.
What if I have a past overstay or immigration violation? It depends on the facts and your basis for the green card. Talk to an attorney before filing.
Talk to an adjustment of status attorney
Book a Zoom consultation, in English or Hindi, to confirm your eligibility for adjustment of status and avoid costly mistakes.
This page is general information, not legal advice.