Adjustment of Status to Permanent Resident - FAQ

Answers to common questions about the immigration rules and procedures concerning Adjustment of Status.

Here are some questions that people commonly ask about the immigration rules and procedures concerning Adjustment of Status.

What Is Adjustment of Status?

Adjustment of Status is, at its heart, simply an application procedure: the one by which someone in the United States goes from having one immigration status – such as a temporary visa holder – to having the status of permanent or conditional resident (green card holder), all without leaving the United States. The adjustment of status procedure includes an interview at an office of U.S. Citizenship and Immigration Services (USCIS).

Contrast this with the procedure for people who either live overseas when they apply for green cards, or who aren’t eligible to use the adjustment of status procedure even though they live in the United State. Such people must use a procedure called “consular processing” (CP). Although some of the paperwork for CP might be handled through U.S.-based immigration offices, the final paperwork and interview are handled by a U.S. embassy or consulate, most likely in the immigrant’s home country.

Can I Adjust Status if I Married a U.S. Citizen?

It depends. The first important thing to understand is that your eligibility for a green card and your eligibility to adjust status are two different things.

Every immigrant who marries a U.S. citizen becomes an "immediate relative," in immigration law terms, and theoretically eligible for a green card. But that doesn’t mean they’re eligible to get that green card by adjusting status, even if they’re in the United States.

As it happens, people who both entered the United States legally (on a valid visa, which they weren’t misusing for the purpose of getting a green card) and are married to a U.S. citizen are in most cases eligible to adjust status. People who entered illegally and married a U.S. citizen are (subject to some narrow exceptions) not eligible to adjust status.

Who Is Eligible to Adjust Status?

There are numerous requirements for being eligible for adjustment of status:

  • You must be eligible for a U.S. green card (permanent or conditional residence), most likely through a close family member who is a U.S. citizen or permanent resident , an employer, or being an asylee or refugee.
  • If your eligibility is based on employment or family, you must already have an approved visa petition on file, and your priority date must be current (if you have a priority date – this applies to immigrants in “preference categories” who must be on a waiting list before receiving their immigrant visa or green card). (Exceptions to the rule about having an approved petition on file apply, for immigrants in categories where the visa petition can be filed concurrently, or at the same time as the adjustment of status application.)
  • If your eligibility is based on asylum or refugee status, you must have waited one year since either your asylum approval or your entry into the United States with refugee status.
  • You must be in the United States.
  • You must not have entered the U.S. as a foreign national crewman, in transit without a visa ("TWOV"), or under the Visa Waiver Program (VWP) (although entry on the VWP is okay if you are the immediate relative of a U.S. citizen).
  • You must (with some exceptions) be in valid visa status, and not have stayed past the expiration date of your permitted stay or worked illegally.
  • If you fit most of the criteria but aren’t eligible to adjust because of an illegal entry or other visa or status violation, you must fit within an old law called 245(i). This means you can adjust status, upon payment of a $1,000 penalty fee, if you were:
    • the beneficiary of an immigrant visa or labor certification petition (including I-140, I-130, I-360, or I-526) that was filed on or before April 30, 2001, and
    • if the petition was filed between January 14, 1998 and April 30, 2001, you can also prove that you were physically present in the U.S. on December 21, 2000.

What if I'm Eligible for a Green Card, But Not Eligible to Adjust Status?

If you aren’t eligible to adjust status, you may still be able to get a green card through consular processing. That should be no problem if you already live overseas. However, realize that if you’ve spent more than six months in the United States unlawfully, then you’re likely to face penalties at your visa interview requiring you to stay outside the U.S. for three or ten years, unless you qualify for a waiver.

This is definitely a topic to bring up with an immigration lawyer before you leave the U.S. for a consular interview -- especially because some immediate relatives of U.S. citizens may be able to apply for a "provisional" or "stateside" waiver before leaving the U.S., which can avoid getting trapped outside for many years in cases where the waiver is denied.

Which Application Forms Do I Use to Adjust Status?

The main form you must complete is Form I-485, Application to Register Permanent Residence or Adjust Status.

If you haven’t already received visa petition approval, and you’re eligible to file your petition and adjustment applications concurrently, you’ll submit either Form I-130 (and supporting documents) if your green card is family based, Form I-140 if your green card is employment based, or some other petition as appropriate (such as the I-360 for special immigrants). If you’ve already received approvals of these (or of another petition, such as an I-129F fiancé visa petition), simply submit copies of the approval notice.

Assuming you entered the U.S. legally and are adjusting status on that basis, include a copy of your Form I-94 Arrival/Departure Record.

You must also pay a filing fee and a biometrics (fingerprinting) fee, and submit two photographs (passport style) and a copy of your birth certificate (translated, if it’s not in English).

Unless you’re a refugee, asylee, or fiancé, you’ll also need to submit the results of a medical examination done on Form I-693 by a doctor on USCIS’s official list. People who entered on fiancé visas or as refugees don't need to repeat the medical exam that they had done earlier, but must now comply with vaccination requirements.

It’s a good idea to also submit Form I-765, application for employment authorization, allowing you to work in the United States. And if you think you might travel before your application is decided upon, be sure to submit Form I-131, Application for Travel Document.

Fiance visa based applicants must submit a copy of their marriage certificate.

Family-based immigrants must submit an Affidavit of Support, signed by the petitioner, on Form I-864.

Employment--based immigrants must also submit a letter from their employer saying that the job is still available and what salary will be paid, as well as pay stub copies.

The completed packet of forms, documents, photos, and fees must be submitted to the USCIS office having jurisdiction over your U.S. place of residence.

After you submit your packet, USCIS will review it for completeness. If something is missing, USCIS will return the whole thing to you for refiling.

You will be asked to visit a local USCIS office within a certain time period to submit your biometric information.

What Happens at the Adjustment of Status Interview?

Several months after submitting your packet, USCIS will call you, and possibly your petitioner (the U.S. citizen, resident, or employer who submitted your visa petition), for an interview.

If you cannot attend the interview on the appointed date, contact USCIS and request rescheduling. If you don’t request such a rescheduling and simply fail to show up at the interview, your application will be denied and you may be removed from the United States.

Bring a photo identification, such as a passport or driver's license, to the interview. You will also have to pass through a security check to get into the federal building.

During the interview, the USCIS officer will review your application and ask you questions to determine your eligibility and your petitioner's financial capacity to support you (in a family case). If you’re applying based on marriage, you’ll need to bring proof that you are really married and living together, and can expect extra questions about your marriage.

Getting Legal Help

If you are in the United States and believe you are eligible for a green card, but are not absolutely positive that you qualify to adjust status, or have any complicating factors in your situation such as a criminal record, see an experienced immigration attorney.

Talk to a Lawyer

Need a lawyer? Start here.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you
NOLODRUPAL-web2:DRU1.6.12.2.20161011.41205