Adjustment of Status: Applying for a Green Card in the United States

Adjustment of Status: Applying for a Green Card in the United States

Adjustment of status is the process through which an eligible person who is physically present in the United States applies to become a lawful permanent resident without completing immigrant visa processing at a U.S. embassy or consulate abroad. Most applicants request adjustment by filing Form I-485, Application to Register Permanent Residence or Adjust Status.

Adjustment of status is a procedure, not an independent immigration category. The applicant must first have a qualifying basis for permanent residence and must satisfy the rules that apply to that basis. Being present in the United States, having an approved immigrant petition, or being married to a U.S. citizen does not by itself establish eligibility.

Who May Apply for Adjustment of Status?

An applicant may have a basis for adjustment through:

• A qualifying family relationship;
• An employment-based immigrant category;
• A humanitarian or special immigrant classification;
• Selection under the Diversity Visa program; or
• A law or program that provides its own route to permanent residence.

Requirements differ by category. For many family- and employment-based applicants proceeding under INA § 245(a), the person generally must be physically present in the United States, have been inspected and admitted or paroled, be eligible to receive an immigrant visa, have a visa immediately available when required, be admissible or qualify for the necessary waiver, and overcome any applicable adjustment bar. Special statutes may modify some of those requirements.

Many adjustment applications are also discretionary. Meeting the threshold legal requirements does not guarantee approval. USCIS may consider the applicant’s entire immigration and personal record when deciding whether a favorable exercise of discretion is warranted.

Visa Availability and Priority Dates

Visa availability is central to many adjustment cases. Immigrant visas are always available to the immediate relatives of U.S. citizens: spouses, unmarried children under 21, and parents, provided the petitioning U.S. citizen is at least 21 years old.

Family-preference and employment-based applicants may need to wait until their priority date permits filing. Each month, the Department of State publishes the Visa Bulletin, and USCIS identifies which adjustment-of-status filing chart applicants must use. A petition and Form I-485 may be filed together only when concurrent filing is permitted and a visa is available for filing.

A priority date may retrogress after Form I-485 is filed. If that happens, the application may remain pending, but USCIS generally cannot approve it until a visa number is again available.

Different Adjustment-of-Status Pathways

The correct legal pathway depends on the applicant’s immigrant category, manner of entry, status history, employment history, and any special statutory protection.

General Adjustment Under INA § 245(a)

INA § 245(a) supplies the general framework used in many family-based and employment-based cases. It ordinarily requires inspection and admission or parole, along with compliance with the other eligibility rules. Certain status violations or unauthorized employment may create separate bars, although specific exemptions exist.

Adjustment Under INA § 245(i)

INA § 245(i) may permit certain grandfathered applicants to adjust despite entry without inspection or particular immigration violations. Eligibility depends on a qualifying immigrant petition or labor certification filed on or before April 30, 2001, and additional requirements may apply. A family relationship formed today does not, by itself, create § 245(i) protection.

Employment-Based Relief Under INA § 245(k)

INA § 245(k) may excuse limited status, status-violation, or unauthorized-employment issues for certain employment-based applicants. The protection is category-specific, is measured under detailed rules, and does not waive inadmissibility or every adjustment requirement.

Adjustment for U Visa Holders Under INA § 245(m)

Qualifying U nonimmigrants may seek permanent residence under INA § 245(m) after satisfying the required period of continuous physical presence and the other statutory and discretionary requirements. This is a distinct humanitarian pathway rather than ordinary adjustment under § 245(a).

Other laws provide separate adjustment rules for groups such as refugees, asylees, certain VAWA applicants, Special Immigrant Juveniles, and qualifying applicants under the Cuban Adjustment Act. The correct provision must be identified before the application is prepared; one adjustment rule cannot be assumed to cure a problem governed by another.

The Adjustment-of-Status Process

Although every case is different, the process commonly includes:

1. Review Eligibility and Filing Jurisdiction

The applicant’s full immigration history should be reviewed before filing, including every entry, departure, period of status, unauthorized employment, prior application, arrest, and immigration-court matter. If removal proceedings are pending or a removal order exists, USCIS may not have jurisdiction over the application, or a separate court strategy may be required.

2. Establish the Immigrant Basis and Filing Date

Some applicants may file the immigrant petition and Form I-485 together. Others must first obtain petition approval or wait for the applicable priority date. Filing too early or under the wrong category can result in rejection or denial.

3. File Form I-485 With Supporting Evidence

Supporting documents vary by category but may include proof of admission or parole, the immigrant petition or approval notice, civil records, evidence of the qualifying relationship or employment basis, the required medical examination, financial-sponsorship evidence when applicable, certified criminal records, prior immigration records, and any required waiver application.

4. Complete USCIS Processing

After accepting the application, USCIS may issue receipt notices, schedule biometrics, request additional evidence, or require an interview. The applicant must keep the agency informed of address changes and respond to every notice by the stated deadline.

5. Receive a Decision

USCIS—or the immigration judge when the court has jurisdiction—reviews eligibility, admissibility, visa availability, the evidence supporting the immigrant category, and discretion where applicable. Approval grants lawful permanent resident status. The date residence begins and whether it is conditional depend on the legal basis and facts of the case.

Employment and Travel While Form I-485 Is Pending

Filing Form I-485 does not itself grant lawful immigration status or authorize employment or international travel. Eligible applicants may separately request an Employment Authorization Document and advance parole.

Leaving the United States without the appropriate travel authorization may cause USCIS to treat a pending Form I-485 as abandoned unless a limited exception applies. Departure may also trigger unlawful-presence or other inadmissibility consequences. Applicants should obtain case-specific advice before traveling, changing employment, or allowing an underlying nonimmigrant status to expire.

Problems That May Affect Eligibility

An adjustment case may require additional analysis when the applicant:

• Entered without inspection or lacks proof of admission or parole;
• Overstayed, worked without authorization, or violated nonimmigrant status;
• Has an arrest, charge, conviction, or expunged criminal record;
• Previously gave incorrect or incomplete information to a consular officer, CBP, USCIS, or another government agency;
• Has a prior removal order, pending removal proceedings, or a history of voluntary departure;
• Is or was subject to the J-1 two-year foreign-residence requirement;
• May be inadmissible and need a waiver; or
• Has facts that may weigh against a favorable exercise of discretion.

Some applicants qualify for an exemption, waiver, or special adjustment provision, but the exceptions are narrow and fact-specific. An approved petition does not erase an inadmissibility ground, cure an unlawful entry, or resolve a jurisdiction problem.

Adjustment of Status or Consular Processing?

A person outside the United States generally applies for an immigrant visa through consular processing. A person inside the United States may also need to use consular processing if adjustment is unavailable. However, leaving the United States can have serious consequences for someone who has accrued unlawful presence, has a prior removal history, or lacks permission to return.

The choice should be made only after comparing adjustment eligibility, visa availability, immigration history, potential inadmissibility, processing location, and the risks of departure. Applicants should not leave the United States merely because an immigrant petition has been approved.

Speak With Immigration Attorney Osas Iyamu

Adjustment of status requires more than completing Form I-485. Immigration Attorney Osas Iyamu can evaluate the applicant’s green card category, entry and status history, visa availability, admissibility, adjustment bars, filing jurisdiction, and supporting evidence before the case is submitted.

The Law Offices of Osas Iyamu, LLC is located in Ocala, Florida, and represents immigration clients throughout the United States. To discuss whether adjustment of status is available in your case, call toll-free 1-800-974-6480 or the local office at 352-237-2403. Our office is available Monday through Friday, from 9:00 a.m. to 5:00 p.m. Eastern Time.

Schedule an immigration consultation with Immigration Attorney Osas Iyamu to review your adjustment of status eligibility.

This page provides general information and does not constitute legal advice or create an attorney-client relationship. Adjustment eligibility is case-specific and depends on the law and agency policy in effect when the application is filed and decided.

Last reviewed: September 2026.