Adjustment of Status (Green Card in U.S.)
What is Adjustment of Status?
Adjustment of status allows eligible individuals to apply for a green card (permanent residence) while remaining in the United States, without having to leave for consular processing abroad.
- Form: I-485 Application to Register Permanent Residence
- Location: Process entirely within the United States
- Timeline: 8-24 months depending on category and office
Key Benefits
Adjustment of status provides several advantages over consular processing:
- • Remain in U.S. throughout process
- • Apply for work authorization (I-765)
- • Apply for travel document (I-131)
- • Single USCIS interview
- • Protection from removal in most cases
Work Authorization & Travel Benefits
Employment Authorization Document (EAD)
- ✓Valid for 1-2 years depending on category
- ✓Renewable while I-485 is pending
- ✓Allows work for any employer
- ✓Provides Social Security number eligibility
Advance Parole Travel Document
- ✓Allows international travel while I-485 pending
- ✓Must be approved before traveling
- ✓Re-entry not guaranteed but generally allowed
- ✓Can apply for combo card (EAD + travel document)
Eligibility Requirements
General Requirements for Adjustment of Status
- Have an approved immigrant petition (I-130, I-140, or other qualifying petition)
- Have an immigrant visa immediately available (priority date current)
- Be physically present in the United States
- Be eligible to receive an immigrant visa and admissible to the United States
- File Form I-485 while in lawful status (or qualify for an exception)
- Not be barred from adjustment due to specific grounds
Application Process
Step-by-Step Adjustment Process
Verify Eligibility and Priority Date
Confirm you have approved petition and current priority date
Required Documents:
- •Approved I-130, I-140, or other petition
- •Current visa bulletin to check priority dates
- •Evidence of lawful status or qualifying exception
- •Birth certificate and passport
Complete Form I-485 Package
Prepare comprehensive adjustment application with supporting documents
Required Documents:
- •Form I-485 (Application to Register Permanent Residence)
- •Form I-765 (Employment Authorization - optional)
- •Form I-131 (Travel Document - optional)
- •Medical examination (Form I-693)
- •Affidavit of Support (Form I-864) if required
Submit Application and Attend Biometrics
File complete package and attend biometrics appointment
Required Documents:
- •Complete I-485 package with fees
- •Biometrics appointment notice
- •Valid photo identification
- •Receipt notices from USCIS
Respond to USCIS Requests
Provide additional evidence if requested and prepare for interview
Required Documents:
- •Response to any Request for Evidence (RFE)
- •Updated supporting documents
- •Interview preparation materials
- •Original civil documents
Attend Interview and Receive Decision
Complete USCIS interview and await final decision
Required Documents:
- •All original supporting documents
- •Updated evidence of continuing eligibility
- •Valid passport and photos
- •Interview appointment notice
Common Bars to Adjustment
Unlawful Presence
Potential BarAccruing unlawful presence before filing may trigger bars
Potential Solution: Some exceptions exist for immediate relatives and certain categories
Status Violations
Potential BarWorking without authorization or overstaying visa
Potential Solution: 245(k) provides limited forgiveness for some violations
Criminal History
Potential BarCertain crimes make you inadmissible to the U.S.
Potential Solution: May require waiver application (I-601) if eligible
Public Charge
Potential BarLikelihood of becoming dependent on government assistance
Potential Solution: Strong affidavit of support and evidence of self-sufficiency
Special Category Exceptions
Immediate Relatives of U.S. Citizens
- ✓Can adjust even with status violations
- ✓Forgiveness for unauthorized work
- ✓No visa number wait required
- ✓Most inadmissibility grounds waivable
Certain Protected Categories
- ✓Asylum/refugee adjusters: special rules apply
- ✓VAWA self-petitioners: can adjust despite unlawful presence
- ✓T/U visa holders: protection from inadmissibility
- ✓Religious workers: special adjustment rules
Concurrent Filing Benefits
In certain categories, you can file Form I-485 at the same time as your underlying petition:
Available For:
- • Immediate relatives of U.S. citizens
- • Employment-based cases with current priority dates
- • Diversity visa winners
- • Certain asylum-related adjustments
Benefits Include:
- • File I-485 simultaneously with underlying petition in some cases
- • Apply for work authorization (Form I-765) with I-485
- • Apply for travel document (Form I-131) with I-485
- • Remain in U.S. while application is pending
- • Protection from removal proceedings in most cases