General Adjustment of Status Under INA § 245(a)

General Adjustment of Status Under INA § 245(a)

INA 245(a) adjustment of status allows certain people who are already in the United States to apply for lawful permanent residence without completing immigrant visa processing abroad. The request is made on Form I-485, Application to Register Permanent Residence or Adjust Status.

INA § 245(a) is not a separate green card category. The applicant still needs an underlying basis, such as a family-based or employment-based petition, Diversity Visa selection, or another qualifying immigrant classification, and must meet the adjustment rules for that category.

Basic Requirements for Adjustment Under INA § 245(a)

1. Physical Presence in the United States
The applicant must be physically present in the United States. A person applying from abroad ordinarily uses immigrant visa processing through a U.S. embassy or consulate.

2. Inspection and Admission or Parole
The applicant generally must have been inspected by an immigration officer and either admitted or paroled into the United States. Evidence may include a Form I-94, passport admission stamp, visa, parole document, or other government record.

An entry without inspection ordinarily does not satisfy INA § 245(a), even with an approved petition or marriage to a U.S. citizen. Other laws or exceptions may apply in some cases, including INA § 245(i), certain VAWA provisions, or special rules for particular classifications.3. Eligibility for an Immigrant Visa
The applicant must qualify in an immigrant category and generally must have an approved immigrant petition or be permitted to file the petition and Form I-485 together. Approval of a petition confirms the underlying classification; it does not, by itself, grant lawful status or guarantee approval of permanent residence.

4. An Immediately Available Visa
An immigrant visa must be available when required. Visas are always available to immediate relatives of U.S. citizens. Family-preference and employment-based applicants often must wait until their priority date is current under the Department of State Visa Bulletin and USCIS’s monthly adjustment filing chart.
Visa availability must also be considered before final approval. If a priority date retrogresses while Form I-485 is pending, USCIS may hold the application until a visa number is again available.

5. Admissibility or an Available Waiver
The applicant must be admissible for permanent residence or qualify for every required waiver. Criminal history, fraud or misrepresentation, false claims to U.S. citizenship, prior removal, unlawful presence after departure, health-related grounds, alien smuggling, and other facts may affect admissibility.
Not every ground can be waived, and each waiver has its own requirements. A waiver should never be assumed to exist simply because the applicant has a close U.S. citizen or permanent resident relative.

6. Favorable Exercise of Discretion
Meeting the technical requirements does not create a right to adjustment. USCIS may approve Form I-485 only after deciding that the applicant merits a favorable exercise of discretion.

USCIS guidance issued in May 2026 emphasizes that adjustment is an extraordinary, discretionary form of relief. Officers are directed to consider the totality of the circumstances, including immigration compliance, the purpose of the applicant’s admission or parole, prior statements to government officials, fraud or false testimony, failure to depart when expected, family ties, moral character, and other positive or negative factors. A strong filing should therefore address the applicant’s complete record, not merely submit the minimum forms.

Adjustment Bars and Important Exceptions

INA § 245(c) prevents some otherwise qualified applicants from adjusting under § 245(a). Depending on the immigrant category, a bar may arise from:

• Unlawful immigration status when Form I-485 is filed;
• Failure to maintain lawful status;
• Unauthorized employment or another violation of nonimmigrant status;
• Admission as a crewman or in transit without a visa;
• Entry through the Visa Waiver Program in a category not protected by an exception;
• Certain restrictions involving K or S nonimmigrant status; or
• Seeking employment-based adjustment without the required lawful nonimmigrant status.

Exceptions are specific. Immediate relatives of U.S. citizens are exempt from several status-violation and unauthorized-employment bars, but they generally must still satisfy the inspection-and-admission-or-parole requirement and remain subject to the grounds of inadmissibility. VAWA self-petitioners and certain special immigrants receive different statutory treatment. INA § 245(k) may protect some employment-based applicants with limited status or employment violations, while INA § 245(i) may help certain grandfathered applicants who otherwise could not adjust.

Issues That Require Careful Review Before Filing

A detailed review is especially important when the applicant:

• Entered without inspection or cannot locate the admission or parole record;
• Overstayed, worked without authorization, violated visa terms, or entered as a visitor and soon pursued permanent residence;
• Has an arrest, charge, conviction, diversion program, or expunged record;
• Previously gave incorrect information to a consular officer, CBP, USCIS, or another agency;
• Has a prior removal, voluntary-departure, or immigration-court history, including pending proceedings; or
• Was subject to the J-1 two-year foreign-residence requirement.

USCIS does not have jurisdiction over every adjustment application. When removal proceedings are pending, the immigration judge may have authority over the case, although different rules can apply to arriving aliens and other limited situations. Filing with the wrong agency can cause delay or rejection and may create additional risk.

Evidence Commonly Submitted With Form I-485

The required documents depend on the immigrant category and the applicant’s history. A well-supported filing may include:

• Proof of inspection and admission or parole;
• The immigrant petition approval or concurrent petition;
• Birth, marriage, divorce, and other civil records;
• Evidence of lawful status and authorized employment, when relevant;
• Form I-864, Affidavit of Support, when required;
• Form I-693, Report of Immigration Medical Examination and Vaccination Record;
• Certified criminal-court records and prior immigration documents;
• Any required waiver application and supporting evidence; and
• Evidence supporting a favorable exercise of discretion.

USCIS may schedule biometrics or an interview and may request additional evidence. Missing records, inconsistent answers, and incomplete disclosure can create serious problems.

Spouses and Children

In many family-preference and employment-based categories, a spouse and unmarried child under 21 may qualify as derivative beneficiaries. Each family member must file a separate Form I-485 and independently satisfy the applicable entry, admissibility, and adjustment requirements. Visa availability, age, and changes in marital status may affect eligibility.

Immediate-relative categories do not provide derivative benefits. For example, the spouse and child of a U.S. citizen generally need separate qualifying petitions rather than being included as derivatives in one case.

While Form I-485 Is Pending

Filing Form I-485 does not automatically authorize employment or international travel and does not necessarily preserve an applicant’s nonimmigrant status. Eligible applicants may file Form I-765 for employment authorization and Form I-131 for advance parole.

Leaving the United States while Form I-485 is pending can cause USCIS to treat the application as abandoned unless the applicant has appropriate advance parole or qualifies for a limited regulatory exception. Employment and travel decisions should be reviewed before action is taken, particularly when the person has accrued unlawful presence or has a prior immigration violation.

Speak With an Adjustment of Status Attorney

Adjustment under INA § 245(a) requires more than an approved petition and a Form I-94. The Law Offices of Osas Iyamu, LLC reviews the applicant’s entry, immigration category, visa availability, status and employment history, admissibility, adjustment bars, filing jurisdiction, and discretionary evidence before an application is submitted.

From our office in Ocala, Florida, we represent immigration clients throughout the United States. To discuss your eligibility for adjustment of status, call 352-237-2403 or schedule a consultation. Our office is available Monday through Friday, from 9:00 a.m. to 5:00 p.m.

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.