If you’re currently living in the US under a nonimmigrant visa, but are looking to apply for an immigrant visa, also commonly known as a green card, you will need to know how to adjust your temporary status to that of a lawful permanent resident.
The following guide looks at the US adjustment of status process, from what this is, to the requirements applicants need to meet.
Section A: What is Adjustment of Status?
Once you are in receipt of an approved immigrant petition and an immigrant visa number is available to you, you can apply for a green card either through adjustment of status from within the United States or through consular processing overseas.
Adjustment of status is the process that allows an eligible noncitizen already in the US to apply to US Citizenship and Immigration Services (USCIS) to become a lawful permanent resident without leaving the country. It applies across family-based and employment-based categories, as well as certain humanitarian or special provisions.
To qualify, applicants are generally required to have been inspected and admitted or paroled into the US and to have a visa immediately available in their category under the US Department of State Visa Bulletin. Each month, USCIS announces which chart—Final Action Dates or Dates for Filing—can be used for I-485 filings. Immediate relatives of US citizens always have a visa available.
Those outside the US, on the other hand, complete the immigrant process through consular processing, applying at a US Embassy or Consulate abroad after the immigrant petition is approved and an immigrant visa number is issued. Once admitted to the US with that visa, they automatically become permanent residents.
Adjustment of status avoids the need to return overseas but carries strict eligibility conditions, documentation requirements, and timing rules linked to visa availability. It also provides the opportunity to apply for work and travel authorization while the application is pending, provided all underlying criteria continue to be met.
Section B: Who can apply to adjust their status?
Eligible applicants are noncitizens in the US who meet the statutory and policy requirements for permanent residence in their category and who have a visa immediately available under the monthly Visa Bulletin. Most cases follow a petition-plus-I-485 model, although some humanitarian routes and special programs have different mechanics. The baseline is lawful admission or parole, category-specific eligibility and no bars that would block adjustment. Employment and family cases follow different evidence rules, so it is important to map the route before preparing filings.
1. Core eligibility rules
To qualify to file Form I-485 in the US, applicants are generally required to have been inspected and admitted or paroled into the US, to be eligible in a permanent residence category, and to have a visa number available that month. Immediate relatives of US citizens are always current. Employment and family preference cases depend on the Visa Bulletin and the chart that USCIS designates for filing in that month. Evidence of continuing eligibility is needed through to adjudication, including maintenance of category criteria and admissibility.
a. Admission or parole
Applicants are required to show a lawful admission or parole into the US unless a specific statute provides alternative treatment. Documentary proof usually includes the I-94 record and evidence of the inspected entry or parole.
b. Visa availability
A filing is only accepted when a visa is immediately available under the chart USCIS designates for that month. If the category retrogresses after filing, the case remains pending until a visa becomes available again for final adjudication.
c. Petition anchor
Most categories require an approved immigrant petition, such as Form I-140 for employment or Form I-130 for family. Some categories allow concurrent filing of the petition and I-485 when a visa is available. Others proceed on approval first, then I-485.
2. Bars to adjustment and key exceptions
Certain conduct can bar adjustment under INA 245(c), including unauthorized employment, status violations and failure to maintain status. There are important exceptions. Immediate relatives of US citizens are not subject to several of the 245(c) bars. Many employment-based applicants and their derivatives benefit from INA 245(k), which forgives up to 180 days in aggregate after the most recent lawful admission of specified violations such as unauthorized employment or failure to maintain status. Other bars can arise from fraud or willful misrepresentation, certain criminal grounds, health-related grounds and prior immigration violations. Where a waiver is available, it needs to be requested with the correct form and evidence.
a. Family-based financial support
Most family-based adjustments are required to include Form I-864, Affidavit of Support. Standard employment-based adjustments do not require I-864 unless a qualifying relative with sufficient ownership in the petitioning employer triggers a sponsor-like relationship.
b. Humanitarian and special programs
Refugees and asylees, certain special immigrant categories and other humanitarian programs follow tailored rules. Some have relaxed bars or different evidence requirements. The applicant still needs to be admissible or to qualify for any available waiver.
3. Illustrative pathways
Examples help to show how category rules interact with adjustment mechanics. The following scenarios highlight frequent routes and their practical requirements without repeating later process steps.
a. L-1A executive or manager to EB-1C
An intracompany transferee in L-1A status can pursue permanent residence through EB-1C as a multinational manager or executive. The petitioner is required to show a qualifying corporate relationship, that the US role is executive or managerial, and that the applicant worked abroad for at least one continuous year in the preceding three years for the related entity in an executive or managerial capacity. EB-1C does not require PERM. When a visa is available and eligibility is met, the applicant files I-485, with work and travel benefits available through I-765 and I-131 while the case is pending if needed.
b. L-1B specialized knowledge to EB-2 or EB-3
Specialized knowledge transferees commonly transition to EB-2 or EB-3. Most EB-2 and EB-3 cases require a PERM labor certification before the I-140, unless the case qualifies for an EB-2 National Interest Waiver. Visa availability controls the timing of any I-485 filing.
c. K-1 fiancé(e) to marriage-based resident
A K-1 entrant is required to marry the US citizen petitioner within 90 days of admission, then files I-485 based on that marriage. If the marriage is less than two years old on approval, permanent residence is granted on a conditional basis for two years, followed by a joint I-751 to remove conditions. A K-1 who does not marry the petitioner within 90 days cannot pivot to a new US-based marriage AOS without departing and pursuing a different path from abroad if eligible.
d. Immediate relatives and other family preference cases
Spouses, unmarried children under 21 and parents of US citizens are immediate relatives with visa numbers always available, subject to eligibility and admissibility. Family preference categories, such as spouses and children of permanent residents or adult sons and daughters of US citizens, are controlled by the Visa Bulletin and often face wait times before I-485 can be filed.
e. Refugee or asylee adjustment
Refugees are required to apply for adjustment one year after admission in refugee status. Asylees may apply after one year of physical presence in asylee status, subject to admissibility and any waivers that apply to the case.
Section C: How to apply for adjustment of status
The process follows a petition stage and an I-485 filing stage, with limited categories that allow both to be filed together. Timing turns on visa availability in the month of filing. Evidence requirements differ by route, so plan the filing set from the outset and keep eligibility and admissibility covered through to approval.
1. Petition approval and visa availability
Most applicants rely on an approved immigrant petition before filing Form I-485. Employment cases use Form I-140. Family cases use Form I-130. Some routes allow concurrent filing of the petition and I-485 when a visa is immediately available under the chart that USCIS designates for that month. If the category retrogresses after filing, the I-485 remains pending until a visa number is again available for final decision.
Check the monthly Visa Bulletin and confirm which chart USCIS permits for filing. File only when the priority date is within the filing threshold for the category and country. Where eligibility depends on PERM, ensure the certified ETA 9089 is in place before the I-140. Include proof of inspection and admission or parole, typically the I-94 record and supporting travel documents. If prior entries or status changes affect eligibility, gather the full travel history and status notices. Screen for INA 245(c) issues. Immediate relatives benefit from significant exemptions. Many employment-based applicants can rely on INA 245(k) for up to 180 days in aggregate of specified violations after the most recent lawful admission.
2. Preparing and filing Form I-485
Form I-485 requests personal information, immigration history and category eligibility. The packet should present a coherent record that proves eligibility and admissibility without gaps. Keep to current editions of all forms and use the filing addresses shown for the category.
Expect to include Form I-485 with government filing fee, two recent photographs if required by instructions, identity and civil documents, proof of lawful admission or parole, and the approved immigrant petition or concurrent petition. For family cases, add the correct Affidavit of Support where required. For employment, include the I-140 approval or concurrent filing and any supporting corporate evidence relevant to the category.
Form I-693 can be filed with the I-485 or provided later in response to a request or at interview. Early submission can shorten case times, but many applicants prefer to hold the medical until USCIS requests it to keep the form within validity.
Applicants commonly file Form I-765 under category (c)(9) and Form I-131 for advance parole. These are separate filings with separate fees under the current schedule. Approval of I-765 provides an EAD. Approval of I-131 provides a travel document. Combo cards may be issued in some cases, although separate documents are also common.
Follow the current USCIS payment rules for the chosen filing channel and include the correct fee for each form. Use the lockbox or online upload route specified for the category. Place the I-485 on top of the packet when mailing and label any concurrent filings clearly.
3. After filing: case progression and practical rules
After receipt, USCIS issues a notice with the case number. Biometrics will be scheduled if needed. Cases may be adjudicated on the record or sent to interview. Keep address information current and respond quickly to any request for evidence.
Leaving the US without an approved advance parole generally causes the I-485 to be treated as abandoned. H-1B and L-1 principals and derivatives can usually travel and return in valid H or L status without abandoning the I-485, provided they remain eligible and reenter in that status.
Work is permitted with a valid EAD or with independent H-1B or L-1 status where held. If relying on the EAD, calendar expiry dates and file renewals early. Keep underlying category eligibility intact through to approval.
USCIS may waive interview or schedule one at the local field office. Bring originals of civil documents and any items listed on the notice. If USCIS issues a request for evidence, answer within the deadline and keep the response targeted and complete.
Where an employment-based I-485 has been pending 180 days or longer and the underlying I-140 is approved, applicants may change to the same or a similar occupational classification with a new employer. Maintain documentation that shows the new role matches the required occupation and that the I-140 remains valid.
Keep the petition relationship, category criteria and admissibility intact until green card approval. Disclose material changes that affect eligibility through the proper channel. If the petition is withdrawn or denied before the I-485 is approved, assess whether portability or refiling options exist.
Section D: Adjustment of status costs and fees
Fees changed in 2024 and are now charged per form. There is no bundled pricing and no separate biometrics fee for most I-485 applicants. Budget for the immigrant petition, the I-485, and any optional work and travel filings. Some employment cases also attract the Asylum Program Fee paid with the I-140 by the petitioner. Always check the live fee table before filing because amounts and payment rules can change.
1. Filing fees and who pays
Most categories follow a petition-plus-I-485 model. In family cases the petitioner pays the I-130, while the applicant pays the I-485 and any ancillary filings. In employment cases the employer pays the I-140 and the applicant usually pays the I-485, I-765 and I-131, unless the employer agrees otherwise. For many I-140 filings, the petitioner is required to pay the separate Asylum Program Fee unless a reduction or exemption applies.
a. Core forms
Form I-485 is $1,440 for most applicants aged 14–78. Children under 14 filing with a parent pay $950. Applicants commonly add Form I-765 for work authorization and Form I-131 for advance parole. The I-765 fee is $260 when filed in connection with a pending I-485. The I-131 fee is $630. There is no separate biometrics fee for standard I-485 filings under the current schedule.
b. Petition fees
Form I-140 is $715. Family cases use Form I-130 at the current rate. K-1 cases use Form I-129F at $675. Premium processing, where available, is optional and charged separately with strict service clocks and form editions.
c. Employer surcharges and other charges
Where a US employer files an I-140, many will also be required to pay the Asylum Program Fee in addition to the I-140 fee, subject to any small-employer or nonprofit reductions. Separate H-1B or other nonimmigrant fees are not part of the adjustment filing but may arise if maintaining underlying status.
2. Typical cost scenarios
Costs vary by route, age and whether you file for work and travel benefits. The figures below show common patterns so you can plan budgets and approvals with payroll and finance.
a. Employment-based, principal applicant
Employer pays I-140 and any required surcharges. Applicant pays I-485 at $1,440, I-765 at $260 and I-131 at $630 if work and travel are needed during processing. If filing for family members, duplicate I-485, I-765 and I-131 fees apply per dependent, with the $950 I-485 rate for eligible children under 14 filing with a parent.
b. Marriage-based immediate relative
Petitioner pays I-130. Applicant pays I-485 at $1,440, I-765 at $260 and I-131 at $630 if desired. Most cases require Form I-864, which has no filing fee but does require financial evidence that takes time to compile.
c. K-1 entrant who married within 90 days
No new petition fee is paid if relying on the approved I-129F. Applicant pays the I-485 plus any I-765 and I-131 filings. If the marriage is under two years old on approval, a later I-751 filing fee applies at the conditions-removal stage.
3. Fee hygiene and payment rules
Use current editions of forms and confirm fees against the USCIS fee schedule on the day of filing. For paper filings, follow the latest payment instructions and label concurrent packets clearly so the lockbox can route forms for receipting. If paying for multiple forms, separate checks reduce rejection risk if one item is miscoded. Keep proof of payment and a full copy set. If you refile after a rejection, confirm the fee environment again in case amounts or payee rules changed in the interim.
Section E: If an adjustment of status application is refused
A denial can result from eligibility problems, inadmissibility or a negative exercise of discretion. The I-485 is a discretionary benefit. Even where statutory criteria are met, USCIS weighs positive and negative factors before approval. Strategy turns on identifying the ground for refusal and choosing the quickest viable remedy, whether that is a motion, refiling or defending the case in removal proceedings.
1. Common reasons for refusal
Refusals often trace back to status history, visa availability or gaps in the record. Understanding the trigger helps to plan the next move without compounding risk.
Unauthorized employment, failure to maintain status and certain status violations can bar adjustment for many preference categories. Immediate relatives are exempt from several of these bars. Many employment-based applicants may rely on INA 245(k), which forgives up to 180 days in aggregate after the most recent lawful admission of specified violations such as unauthorized work or overstays.
Criminal history, fraud or willful misrepresentation, prior immigration violations, public charge findings in family cases and medical grounds can all block approval. Some issues are waivable on Form I-601 with evidence that satisfies the relevant legal standard. Others are nonwaivable and require a different strategy.
If the underlying petition is denied, withdrawn or otherwise invalidated, the I-485 will fail unless AC21 portability applies and the I-140 remains valid. Filing when a visa is not available will also be rejected or denied. Retrogression after filing pauses adjudication, but it does not cause denial by itself.
Leaving the US without advance parole generally results in the I-485 being treated as abandoned, with limited exceptions for H-1B and L-1 entrants who return in that status. Failure to answer a request for evidence or to attend an interview without good cause leads to denial on abandonment grounds.
2. What to do after a denial
Next steps depend on timing, the basis for refusal and whether a faster clean refiling is available. Act within the stated deadlines to protect options.
File a motion with the same office if the record supports approval or the decision applied the law incorrectly. A motion to reopen presents new, material evidence. A motion to reconsider argues legal error based on the existing record. Both rely on tight legal framing and documentary support.
If eligibility exists and visa numbers are available, a fresh filing can be faster than litigating a weak motion. Refiling is especially effective where the original denial was procedural, such as missing medicals or fee issues, and there is no time-sensitive status risk.
If placed in removal proceedings, many applicants can renew the I-485 defensively before an immigration judge. This path carries litigation risk and longer timelines. It can be the right option where USCIS denied on discretion and the equities are strong.
Where a waiver is available, compile hardship evidence or other required showings and file the correct form. For medical findings, a civil surgeon addendum may resolve the issue. For fraud findings, expect extensive evidence and expert analysis before proceeding.
3. Prevention and damage control
The best remedy is prevention through early screening and disciplined filing. If issues arise midstream, act quickly to stop a small problem from becoming a denial.
Screen 245(c) bars, 245(k) eligibility and any waiver-eligible grounds before filing. Confirm the correct Visa Bulletin chart for that month. Align the petition, PERM if applicable and the I-485 so the record is internally consistent. Do not depart without advance parole unless reentering in valid H-1B or L-1 status. Keep EAD and advance parole validity on calendar. If relying on H or L, maintain status independently until approval.
Bring originals to the interview and answer questions directly and consistently. Respond to RFEs within the deadline with complete, targeted evidence. If a Notice of Intent to Deny is issued, address each point with documentary proof rather than argument alone.
If an employment-based I-485 has been pending 180 days and the I-140 is approved, AC21 portability can preserve the case with a same or similar occupation. File a detailed supplement explaining the role match and keep payroll evidence ready. Keep a full copy set of every submission, payment proof and delivery confirmation. Accurate records reduce motion timelines and support quick refilings if needed.
Section F: Summary
Adjustment of status offers a US-based route to permanent residence for eligible applicants who were inspected and admitted or paroled and who have a visa number available. Success depends on timing the filing window to the Visa Bulletin, keeping category eligibility intact and addressing admissibility from the outset. Most employment and family cases follow a petition plus I-485 model, with tailored evidence for each route. While the case is pending, many applicants secure work and travel authorization. Denials often trace back to filing when no visa was available, 245(c) bars, missing medicals or weak financial or category evidence. Early screening and disciplined filing reduce risk.
Section G: Need Assistance?
NNU Immigration are US attorneys dedicated to US immigration and nationality law. We advise employers and individuals on all types of US immigration applications, including adjustment of status. Contact us for specialist advice.
Section H: Adjustment of Status FAQs
How long does adjustment of status take?
Timelines vary by field office, category and case factors. Use the USCIS processing times tool for your form and category. Visa availability and security checks also affect total time.
Can I travel while my I-485 is pending?
Do not depart without approved advance parole or valid H-1B or L-1 status for reentry. Leaving without a proper travel basis usually causes USCIS to treat the I-485 as abandoned.
Can I work while my I-485 is pending?
You can work with an approved EAD or under separate valid H-1B or L-1 status. If you rely on an EAD, calendar renewals early to avoid gaps.
What happens if my priority date retrogresses after I file?
Your I-485 remains pending. USCIS can finish adjudication only when a visa number becomes available again. Keep eligibility and admissibility intact during the wait.
Will I have to attend an interview?
USCIS may waive interview in some cases or schedule one at the local field office. Bring originals of civil documents and any items listed on the notice.
Do I need Form I-864, Affidavit of Support?
Most family-based adjustments require I-864. Standard employment-based adjustments do not, unless a qualifying related sponsor has sufficient ownership in the petitioning employer.
When should I submit the medical exam, Form I-693?
You can file it with the I-485 or provide it later if requested. Early filing can shorten case time, though many wait to keep validity within USCIS requirements.
Can I file the I-140 and I-485 together?
Concurrent filing is available only when a visa is immediately available under the chart USCIS designates for that month. If not available, file the petition first, then the I-485 when current.
What is AC21 portability and when does it apply?
After an employment-based I-485 has been pending 180 days and the I-140 is approved, you may change to the same or a similar occupation with a new employer. Keep evidence that the role matches the qualifying occupation.
Do I have to maintain my underlying nonimmigrant status?
Many applicants prefer to keep H-1B or L-1 status until approval. It provides work and travel flexibility and reduces risk if the I-485 faces delay or additional review.
How do I check case progress?
Use your receipt number on the USCIS case status page and follow any notices. Update your address promptly to avoid missing biometrics or interview letters.
Section I: Glossary
| Term | Definition |
|---|---|
| Adjustment of status | The process to apply for US permanent residence from inside the US by filing Form I-485. |
| Immigrant visa number | A visa slot allocated under the Visa Bulletin that authorizes final approval of permanent residence. |
| Priority date | The date that controls your place in line. It is set by the petition filing or PERM filing date. |
| Visa Bulletin | Monthly State Department publication that shows visa availability by category and country. |
| Final Action Dates | The chart that controls when USCIS can approve cases. Also used for filing in some months. |
| Dates for Filing | The chart that sometimes allows earlier I-485 filing when authorized by USCIS for that month. |
| Admission | Lawful entry into the US after inspection by an immigration officer. |
| Parole | Permission to enter the US for urgent or public interest reasons without a formal admission. |
| INA 245(c) | Statutory bars that can prevent adjustment based on status violations or unauthorized work. |
| INA 245(k) | Provision that forgives up to 180 days of certain violations for many employment-based applicants. |
| Form I-485 | Application to Register Permanent Residence or Adjust Status. |
| Form I-140 | Immigrant Petition for Alien Worker filed by a US employer. |
| Form I-130 | Petition for Alien Relative filed by a US citizen or resident for eligible family members. |
| PERM | Labor certification process with the Department of Labor for many EB-2 and EB-3 cases. |
| EB-1C | Employment-based category for multinational managers or executives. |
| National Interest Waiver | EB-2 waiver that allows filing without PERM when the proposed endeavor and applicant meet the standard. |
| Form I-693 | Report of Medical Examination and Vaccination Record completed by a civil surgeon. |
| Form I-864 | Affidavit of Support used in most family-based cases to show financial sponsorship. |
| Form I-765 | Application for Employment Authorization for work permission while the I-485 is pending. |
| Form I-131 | Application for travel authorization, including advance parole. |
| Advance Parole | Travel permission that allows return to the US without abandoning a pending I-485. |
| Employment Authorization Document | Card that shows authorization to work while the adjustment case is pending. |
| AC21 portability | Rule that allows certain EB applicants to change to a same or similar job after 180 days. |
| Conditional residence | Two-year permanent residence granted when a marriage is under two years on approval. |
| Form I-751 | Petition to remove conditions on permanent residence based on marriage. |
| Immediate relative | Spouse, unmarried child under 21 or parent of a US citizen. These categories are always current. |
| Preference category | Family or employment-based categories subject to annual limits and per-country caps. |
| Retrogression | When priority dates move backward, delaying filing or final approval until numbers are available again. |
| Request for Evidence | USCIS notice asking for missing or additional proof before a decision. |
| Notice of Intent to Deny | USCIS notice stating planned denial unless the applicant overcomes the stated grounds. |
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.