What adjustment of status is
Adjustment of status (INA section 245) is the process that lets certain people already inside the United States apply for a green card without having to return to their home country for a consular interview. For families, it means a spouse, parent, or child can move from a temporary situation to permanent residence while staying together in the United States. It is the counterpart to consular processing, which is used when the applicant is abroad.
Not everyone in the country can adjust, and choosing this path when it does not apply can create serious problems. Confirming eligibility before filing is the single most important step.
Basic eligibility
To adjust status, a person generally must meet several requirements at the same time:
- They must have been inspected and admitted or paroled into the United States, meaning they entered lawfully, subject to limited exceptions.
- An immigrant visa must be immediately available, which is automatic for immediate relatives of U.S. citizens and depends on the Visa Bulletin for preference categories.
- They must be admissible, or eligible for a waiver of any ground of inadmissibility that applies.
There are important exceptions and special rules, including a provision (INA section 245(i)) that allows some people who would not otherwise qualify to adjust in limited circumstances. Whether any of these fit a particular person is a fact-specific question worth reviewing with an attorney.
The process: Form I-485
Adjustment is requested on the Application to Register Permanent Residence or Adjust Status (Form I-485). Immediate relatives can often file the underlying petition and the adjustment application together, which is called concurrent filing. After filing, most applicants attend a biometrics appointment and then an interview, where an officer reviews the application and the supporting evidence. The firm prepares the full package, anticipates the officer's questions, and readies the applicant for the interview so it goes as smoothly as possible.
Working and traveling while you wait
While an adjustment case is pending, many applicants can request a work permit and a travel document. A work permit (EAD) allows employment during the wait, and advance parole allows certain applicants to travel abroad and return without abandoning the application. Travel while a case is pending carries real risks for some people, particularly anyone with past immigration violations, so it should never be done without checking first. The firm advises on both so a client can work and, where safe, travel without jeopardizing the case.
Leaving the country at the wrong moment, or without the right document, can end an adjustment case or trigger a bar on returning. Always confirm with an attorney before any international travel while your case is pending.
Fees, the medical exam, and the interview
An adjustment package usually includes filing fees, a medical examination completed by a USCIS-approved physician (Form I-693), and documents that prove the underlying relationship or basis. Most applicants attend an interview, where an officer confirms the information and asks about eligibility and admissibility. Marriage-based cases are examined closely to confirm the relationship is genuine, so couples should be ready to show a shared life. The firm assembles the full package, tracks the medical and document requirements, and prepares each client for the interview so nothing catches them off guard.
Common obstacles
Adjustment cases run into trouble most often over how a person entered the country, past periods out of status, prior removal orders, or grounds of inadmissibility such as certain criminal history or a past misrepresentation. Some of these can be solved, sometimes with a waiver or by processing abroad instead, but only if they are spotted early. The firm reviews each client's full immigration history at the outset, so the right path is chosen and there are no surprises at the interview.
Questions about adjustment of status
In general, people who entered lawfully, have an immigrant visa immediately available to them, and are admissible may adjust status without leaving the country. Immediate relatives of U.S. citizens have the most straightforward path. Because eligibility is fact-specific, it is worth confirming with an attorney before filing.
Sometimes, but only with the right travel document (advance parole) and only if travel is safe for your particular situation. For people with past immigration violations, leaving can create serious problems. Always check with an attorney before any international travel while your case is pending.
Entering without inspection can make a person ineligible to adjust status in many cases, though there are exceptions and, for some, the option to process abroad with a waiver. This is exactly the kind of issue to review with an attorney before filing anything, because the wrong move can be costly.
Timelines depend on the category, the office handling the case, and current workloads. Immediate-relative cases generally move faster than capped preference categories. The firm plans each step in advance and requests work authorization where eligible so clients are not left waiting without options.
Legal authorities referenced on this page
- INA section 245 (adjustment of status)
- INA section 245(i) (adjustment in certain cases)
- 8 C.F.R. section 245 (adjustment of status regulations)
- USCIS Form I-485, Application to Register Permanent Residence or Adjust Status
- USCIS Policy Manual, Volume 7 (Adjustment of Status)
This page explains the law in general terms and is not legal advice. Immigration law changes and applies differently to each person's facts. Speak with an attorney about your own situation.