Adjustment of status

Adjustment of status is the process that allows certain foreign nationals to obtain lawful permanent residence (a Green Card) without leaving the United States.

Thanks to this process, it is possible to obtain a Green Card directly with USCIS, without consular processing or having to be separated from your family.

This benefit is available for those who entered the U.S. legally (for example, with a tourist or student visa) and have a valid basis to apply for permanent residence.

Some of the most common cases are:

• Adjustment of status through marriage to a U.S. citizen.
• Adjustment of status through a U.S. citizen child.
• Certain employment-based and humanitarian categories.

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In the following sections, you will see in detail how adjustment of status works inside the United States, its requirements, processing times, costs, common mistakes and what happens after the case is approved.

What is adjustment of status inside the United States?

Adjustment of status allows a foreign national to apply for lawful permanent residence without returning to their country of origin.

Unlike consular processing:

• Everything is handled directly with USCIS.
• It favors family stability during the process.
• It makes it possible to work while the case is pending if you apply for and receive the appropriate work permit.

USCIS regulates this process through Form I-485 (Application to Register Permanent Residence or Adjustment of Status).

To confirm visa availability, you must check the U.S. Department of State Visa Bulletin, which is updated monthly with the current priority dates for immigration.

Basic requirements to adjust status and who does not qualify

Before granting an adjustment of status application, USCIS reviews three main elements:

1. Legal basis for permanent residence

There must be a valid petition on file (family-based, employment-based or humanitarian).

In family categories, the following are especially common:

• Marriage-based adjustment of status.
• Adjustment of status through a U.S. citizen child.
• Adjustment of status for parents of a U.S. citizen.

If the petition has not yet been filed, see “How to fill out Form I-130”, which is usually the first step in these cases.

2. Availability of an immigrant visa

There must be an immigrant visa immediately available in your category. If there is not, your case will remain on hold until your priority date becomes current in the Visa Bulletin.

3. Lawful entry and admissibility

The applicant must have been inspected and admitted or paroled into the United States (for example, with a valid visa or I-94).

Those who entered without inspection generally do not qualify, unless they are covered by relief such as Section 245(i) or the Cuban Adjustment Act.

They must also be admissible (that is, not barred by certain crimes, fraud, or other grounds). In some cases it may be necessary to apply for a waiver of inadmissibility.

Who does not qualify for adjustment of status?

• Entry without inspection and no relief under 245(i).
• Loss of status that is not forgiven in their specific category (for example, immediate relatives of U.S. citizens can forgive unlawful presence, but not an unlawful entry).
• Inadmissibility that cannot be waived or has no available waiver.
• Lack of a current, available visa.
• An active order of removal or deportation with no reopening or no cancellation of removal case pending before EOIR.

Each case needs individual analysis. Remaining in the U.S. without legal status can have serious consequences. Review the consequences of unlawful presence in the U.S. and speak with an attorney as soon as possible.

Difference between adjustment of status and consular processing

Although both procedures lead to lawful permanent residence, they are handled in different ways:

• Adjustment of status: it is done inside the United States and allows you to request a work permit while your case is pending.
• Consular processing: it takes place outside the U.S.; it may be faster, but it requires you to leave the country and involves possible inadmissibility issues.
• USCIS often recommends adjustment of status for those who have a lawful entry (especially in family-based cases).
• Someone who entered without a visa or later fell out of status may have to use consular processing or rely on relief under 245(i).

If you are unsure which option is better for you, an immigration attorney can review your history and recommend the best strategy.

Marriage-based adjustment of status with a citizen or resident

Marriage-based adjustment of status is one of the most common paths. It applies to the spouse of a U.S. citizen or lawful permanent resident, as long as the marriage is bona fide (real, not entered into just for immigration benefits).

• If you are married to a U.S. citizen, you can usually apply at any time as long as you had a lawful entry.
• If your spouse is a lawful permanent resident, you must wait until an immigrant visa is available.
• USCIS reviews joint documents, photos, bank accounts, leases and affidavits to confirm that the marriage is in good faith.

You should also keep in mind the so-called 90-day rule. Although today this is not an automatic rule for USCIS, taking major steps very soon after entry (for example, getting married and filing for adjustment of status without strong evidence of a genuine change in plans) can raise suspicions and trigger closer scrutiny.

Adjustment of status through a U.S. citizen child, parents or other relatives

Another frequent option is adjustment of status through a U.S. citizen child. Parents of U.S. citizens who are 21 or older and had a lawful entry usually have an immigrant visa immediately available.

• Adjustment of status for parents when the U.S. citizen child files Form I-130.
• Unmarried children under 21 of U.S. citizens: in most cases there is no waiting time.
• Adult and/or married children of citizens and family members of residents: they depend on the Visa Bulletin.

In these situations, adjustment of status for children of lawful permanent residents depends heavily on the priority category. Adjustment of status through a U.S. citizen sibling can take many years. For more details, see “Bringing siblings to live in the United States as permanent residents”.

Adjustment of status with a tourist visa and the 90-day rule

Adjustment of status with a tourist visa is possible, especially for immediate relatives of U.S. citizens who:

• Entered the U.S. legally after being inspected at a port of entry.
• Were admitted or paroled.

Until 2021, consular officers and other agencies used a presumption called the “90-day rule”. Today, officers do not apply a strict, automatic 90-day rule. Instead, they evaluate each case individually to determine whether there was any misrepresentation at entry.

However, the underlying idea is still important: getting married or filing for adjustment of status very soon after arrival can:

• Raise suspicions; and
• Lead to more intensive review of your case.

If a person entered genuinely as a visitor and their plans legitimately changed later, they may adjust status with solid evidence of good faith. For more information, see:

• Change of status from visitor visa to Green Card.
• What happens if you divorce before the Green Card interview.

Other bases for adjustment: employment, asylum, 245(i), NACARA and special programs

Adjustment of status can also be based on employment or humanitarian grounds:

• Employment-based: this usually requires PERM labor certification followed by Form I-140 and Form I-485 (EB-1 and EB-2 NIW may not require PERM).
• Asylees: an individual granted asylum may apply for permanent residence one year after approval using Form I-485.
• 245(i): allows certain individuals who entered without inspection to adjust status if they were included in a qualifying petition filed before April 30, 2001 (with an additional penalty fee).
• NACARA: special benefits for certain Salvadoran, Guatemalan and Nicaraguan nationals.
• “Parole” and humanitarian programs: for example, Parole in Place for certain military family members when there is a qualifying petition and a visa available.

Each category has its own forms, filing fees and processing times; most of them ultimately use Form I-485 to complete adjustment of status.

Step-by-step guide to filing Form I-485 with USCIS

The adjustment of status process generally follows a clear sequence. These are the main steps:

1. Confirm your eligibility. Make sure you meet all requirements and have a valid basis for permanent residence (family-based, employment-based or humanitarian).
2. Check visa availability. Review the Visa Bulletin to ensure there is a visa available for your category, unless you are an immediate relative of a U.S. citizen.
3. File Form I-485. Submit the application package with supporting documents (passport, I-94, birth certificate, etc.).
4. Biometrics appointment. USCIS will schedule a date to take your fingerprints, photo and signature.
5. Interview. In many family-based cases, an in-person interview is required (below we explain the option of adjustment of status without an interview).
6. Decision. If approved, you will receive the official notice and later your Green Card. If denied, USCIS will explain the reasons and any possible appeal routes (for example, Form I-290B).

While your case is pending, you may apply for a work permit using Form I-765.

If you need to travel, you must request advance parole using Form I-131 and wait for approval before leaving the U.S.; otherwise, USCIS may consider your adjustment of status application abandoned.

Documents and most common evidence for adjustment of status

Gather your documents for adjustment of status before filing. Missing evidence or outdated forms often cause delays or RFEs (Requests for Evidence):

• Completed and signed Form I-485.
• Copy of passport, visa and entry history (I-94).
• Civil documents: birth, marriage and/or divorce certificates, as applicable.
• Two passport-style photos.
• Medical examination (Form I-693).
• Form I-864 (Affidavit of Support), if required.
• Form I-797 approval notice, if there is already a prior approved petition.
• Any court or police records, if applicable.

Any document in a language other than English must include a certified translation. Each family member must submit their own separate adjustment of status package.

Work permit through adjustment of status and travel authorization

• Form I-765 (EAD): authorizes you to work lawfully in the U.S. while your case is pending.
• Form I-131 (advance parole): allows you to leave and re-enter the U.S. Traveling without this approval can put your case at risk.
• Both applications can be filed together with Form I-485 or later; filing them at the beginning often saves time.

Adjustment of status processing times and how to read the Visa Bulletin

The time it takes to complete adjustment of status varies depending on the category, the local USCIS office and its workload.

• Family-based cases: often around 9–14 months.
• Employment-based cases: can exceed 12 months or more when visa numbers are limited.
• Key factors: type of case, priority date, RFEs and overall volume of applications.
• Immediate relatives of U.S. citizens: their category is usually marked as “current” on the Visa Bulletin, meaning a visa is available immediately.

Adjustment of status without an interview before USCIS

USCIS has the discretion to approve an adjustment of status case without an interview when:

• The file clearly shows that the applicant meets all requirements.
• There are no doubts about eligibility or admissibility.

This waiver is decided case by case, mainly when the I-485 is complete, the evidence is strong and there are no risk factors or inconsistencies.

Common conditions for an adjustment of status without an interview

• Coherent and verifiable evidence of the relationship or qualifying category.
• No serious criminal record or significant immigration violations.
• Clean history without contradictions in the file.
• A family relationship already proven in a previous petition or clearly verifiable employment.

Important: the waiver of the interview is not automatic. Even if you appear to qualify, USCIS may still schedule an interview if it detects doubts, possible fraud or missing information. A well-organized and complete file significantly increases the chances of being approved without an interview.

Common adjustment of status mistakes and how to avoid them

• Missing evidence or incomplete/outdated forms.
• Leaving the U.S. without advance parole while the case is pending.
• Staying in the U.S. with no valid status for a long period before applying.
• Filing a marriage-based adjustment of status soon after entry with a tourist visa without explaining a legitimate change of intention.

If your adjustment of status was denied, USCIS will mail you a letter explaining the reasons. You may file Form I-290B (motion to reopen or reconsider) or file a new application if your immigrant visa category is still available.

Cancellation of removal and adjustment of status: when they can be combined

In removal proceedings, a person may request cancellation of removal and adjustment of status if there is a valid family-based or humanitarian basis (for example, a U.S. citizen spouse).

1. At least 10 years of continuous physical presence in the U.S.
2. Good moral character and no disqualifying serious crimes.
3. Exceptional and extremely unusual hardship for a U.S. citizen or permanent resident spouse, parent or child.

If the judge grants cancellation of removal, the individual may then adjust status and receive a Green Card. Withholding of removal does not grant a Green Card, but it may offer protection when there is already a final order of removal.

Current USCIS costs and fees for adjustment of status

After the fee updates that took effect on April 1, 2024 and August 29, 2025, USCIS adjusted several filing fees. Current amounts include:

Form	Current fee	Notes
I-130 – Petition for Alien Relative	$625 (online) / $675 (paper)	Filed to petition for a qualifying family member.
I-485 – Adjustment of status (age 14+)	$1,440	Includes biometrics.
I-485 – Under age 14	$950 (when filed with a parent)	If the child applies separately, the full fee is required.
I-765 – Work permit	$260 (when filed with Form I-485)	$520 if filed separately.
I-131 – Travel document (Advance Parole)	$630 (when filed with Form I-485)	Allows you to leave and re-enter the U.S. while the case is pending.

Key points:

• Refugees and asylees are exempt from paying the I-485 filing fee.
• The medical exam (Form I-693) has a separate cost that varies by civil surgeon, usually around $100–$500.
• USCIS no longer charges a separate biometrics fee; it is now included in the I-485 filing fee.
• Before filing, use the official USCIS fee calculator to confirm the most up-to-date amounts.

What happens after your adjustment of status is approved?

Once USCIS approves your adjustment of status, you become a lawful permanent resident and may live, work and travel freely, subject to U.S. immigration laws.

You may be eligible to apply for U.S. citizenship after the required period (5 years, or 3 years if your Green Card was obtained through marriage to a U.S. citizen and you meet the other conditions).

If your permanent residence is conditional because of a recent marriage, you will receive a 2-year conditional Green Card and must file Form I-751 to remove the conditions. See “How to renew a 2-year Green Card”.

Keep your address updated with USCIS and avoid long absences outside the U.S. (trips of 6 months or more can be treated as possible abandonment of residence). For the next step, see “How to become a U.S. citizen”.

How Lluis Law’s immigration lawyers can help with adjustment of status

At Lluis Law, our immigration lawyers have extensive experience helping families successfully complete their adjustment of status and obtain a Green Card. We provide:

• Eligibility review and a personalized strategy.
• Preparation and thorough review of all required forms.
• Organization of supporting evidence to minimize RFEs and the risk of denial.
• Representation before USCIS and, when needed, in immigration court (for example, in cases involving cancellation of removal).

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If you would like to start your case today, contact our immigration lawyers in Los Angeles. We are ready to guide you step by step through the adjustment of status process toward lawful permanent residence.