How to apply for adjustment of status in the United States

What Is Adjustment of Status?

Adjustment of status is the process to apply for lawful permanent resident status, also known as a green card, while you are already in the United States. This allows certain noncitizens to change their status to permanent resident without leaving the country for consular processing abroad.

Most people use Form I-485, Application to Register Permanent Residence or Adjust Status, as the main application. You typically need an approved or concurrently filed immigrant petition, such as a family-based Form I-130, Petition for Alien Relative, or an employment-based Form I-140, Immigrant Petition for Alien Workers.

This is general information, not legal advice. Immigration rules can change, and eligibility depends on your specific facts and immigration history. Always check USCIS.gov for current official instructions.

Who May Be Eligible to Apply?

Not everyone in the United States can adjust status. You generally must meet these basic requirements:

• Be physically present in the United States.
• Have an immigrant visa immediately available (check the Visa Bulletin on Travel.State.gov).
• Be admissible to the United States or qualify for a waiver of inadmissibility.
• Not have violated certain immigration laws, such as unlawful presence in some cases.

Common bases for adjustment include:

• Family-sponsored: Immediate relatives of U.S. citizens (spouses, unmarried children under 21, parents) or preference categories like spouses or children of lawful permanent residents.
• Employment-based: Workers with approved I-140 petitions.
• Special categories: Asylees, refugees, certain victims of abuse, human trafficking, or crime (such as VAWA self-petitioners, U visa holders, or T visa holders).

Certain people are ineligible for adjustment, including those who entered without inspection (unless qualifying under specific exceptions like section 245(i)), or those subject to bars like unlawful presence over one year. Check your immigration history carefully, including past visas, entries, and stays via your Form I-94 Arrival/Departure Record on CBP.gov.

Eligibility depends on the person's facts and immigration history. A qualified immigration attorney or accredited representative can review your specific situation.

Step 1: Check Your Eligibility and Visa Availability

Before preparing forms, verify if you qualify.

1. Review your current nonimmigrant status or parole. Ensure you have maintained status or qualify for an exception.
2. Confirm an approved underlying petition or file one concurrently. For family cases, the U.S. citizen or permanent resident petitioner files Form I-130. For employment, the employer files Form I-140.
3. Check the Visa Bulletin on Travel.State.gov to see if a visa number is available for your category and priority date.
4. Assess admissibility. Issues like criminal history, prior deportations, or health grounds may require waivers (Forms I-601 or I-601A).

Download your electronic Form I-94 from CBP.gov/i94 to confirm entry date and status. Gather old passports, visas, and approval notices.

If unsure, consult USCIS.gov/green-card/green-card-eligibility or a qualified immigration professional. Do not rely on this article as a substitute for qualified immigration help.

Step 2: Gather Supporting Documents

Organizing documents early prevents delays. Make copies of everything before submitting originals when required. Use certified English translations for non-English documents, including the translator's certification.

Common documents for Form I-485 include:

• Proof of identity and nationality: Copy of passport biographical page, any national ID, birth certificate.
• Proof of immigration history: Form I-94, current and expired visas, prior approval notices.
• Evidence of relationship or basis: Marriage certificate, birth certificates showing family ties, employment offer letter or I-140 approval.
• Admissibility evidence: Police clearances, court records, vaccination records (via Form I-693 medical exam).
• Photos: Two passport-style photos.
• Financial support: Form I-864, Affidavit of Support, with tax returns, W-2s, pay stubs.

For special categories, additional evidence like asylum approval or U visa petition may apply.

Keep originals and copies in a secure folder. Scan everything for your records.

Step 3: Complete the Required Forms

The core form is Form I-485. Depending on your case, include supporting forms:

• Form I-130 (if family-based and not yet approved).
• Form I-140 (employment-based, usually pre-filed).
• Form I-864 (affidavit of support).
• Form I-693 (medical examination).
• Form I-765 (for work authorization, Employment Authorization Document or EAD).
• Form I-131 (for Advance Parole travel document).
• Form I-485A (if INA 245(i) adjustment).

Download the latest forms from USCIS.gov/forms. Read instructions fully. Answer every question; use "N/A" if not applicable. Sign and date where required. Do not sign blank forms.

Filers age 14-79 may need Form I-612 for certain waivers. Children under 14 may qualify for fee exemptions.

Double-check for accuracy. Errors can lead to Requests for Evidence (RFEs). This is general information; check current official form instructions.

Step 4: Calculate and Pay Filing Fees

Fees vary by form and change periodically. For example, Form I-485 has a base fee, plus optional biometrics (sometimes waived or included).

• Check current fees on USCIS.gov/forms/filing-fees.
• Pay by check, money order (payable to U.S. Department of Homeland Security), or credit card (Form G-1450).
• Fee waivers available via Form I-912 for those with low income; provide evidence like tax returns.

Submit payment with the application. Keep receipts. Online filing via USCIS account may have different payment options.

Do not invent fee amounts; verify before paying.

Step 5: Submit Your Application

Most I-485 applications are filed by mail to USCIS lockbox addresses listed on form instructions. Some categories file online through a USCIS account.

• Create a USCIS online account at my.uscis.gov for status tracking.
• Organize package: Forms on top, fees, then evidence by tabbed sections.
• Use USPS Priority Mail or courier with tracking for proof of delivery.
• For concurrent filing (I-130 with I-485), include all together.

After submission, USCIS sends a receipt notice (Form I-797C) within weeks, with your receipt number (starting with letters like MSC, LIN).

Track mailing receipt and delivery confirmation.

What Happens After You File?

Receipt Notice

Confirms USCIS received your application. Note the receipt number, filing date, and any biometrics instructions.

Biometrics Appointment

Most applicants get a notice for fingerprints, photo, and signature at an Application Support Center (ASC). Attend on time; bring receipt notice, photo ID, appointment notice.

Prepare by reviewing your application for consistency.

Request for Evidence (RFE) or Notice of Intent to Deny (NOID)

If more evidence needed, respond by the deadline (usually 30-87 days). Read carefully, gather requested items, mail or upload response with proof.

Interview

Many cases require an in-person interview at a USCIS field office. Bring originals, appointment notice (Form I-797), and updates like new address or marriage.

Dress professionally, arrive early, be honest.

Processing times vary by form, service center, and workload. Check USCIS.gov/processing-times using your form type and office.

How to Check Your Case Status

Use your receipt number to track online:

1. Go to USCIS.gov/case-status.
2. Enter receipt number exactly (no dashes).
3. Create or log into your USCIS account for messages and uploads.

Check regularly. Statuses include "Case Received," "Fingerprint Taken," "Interview Scheduled," "Card Mailed."

For delays beyond published times, contact USCIS via phone (800-375-5283) or online inquiry after one year. Keep screenshots.

Preparing for the Adjustment Interview

If scheduled:

• Review your application and evidence.
• Bring originals of submitted copies, plus updates (e.g., new job letter, tax returns).
• Practice answers to questions about relationship, employment, admissibility.
• Family cases: Both spouses attend; bring joint documents like bank statements.

Officer verifies eligibility and credibility. No guarantees of approval.

Possible Outcomes of Your Application

• Approval: USCIS mails your green card. Combines with EAD/AP if filed.
• Denial: Written notice explains reasons. Options may include appeal (Form I-290B), motion to reopen, or refile.
• Referral: Rare cases go to Immigration Court.

Respond promptly to denials. Consult qualified help for appeals.

Work and Travel While Your Case Is Pending

Pending I-485 does not automatically allow work or travel.

• File Form I-765 for EAD (work permit); receipt allows some interim work.
• File Form I-131 for Advance Parole (AP) to travel abroad without abandoning application.
• Leaving without AP may be seen as abandonment.

Check USCIS.gov for combo card (EAD/AP). Consult professional before travel, especially with prior overstays or issues.

Common Mistakes to Avoid

• Filing without visa availability.
• Incomplete forms or missing signatures.
• Insufficient evidence or poor translations.
• Ignoring deadlines for RFEs or biometrics.
• Traveling without AP.
• Using unqualified preparers who sign blank forms.

Organize chronologically: entry docs first, then petitions, then I-485 evidence.

Organizing and Keeping Records

Create a secure system:

• Digital folder: Scan all docs, notices, screenshots.
• Physical binder: Copies tabbed by date/form.
• Keep for at least 5 years post-green card.

Track:

• Receipt/delivery proofs.
• All USCIS notices.
• Biometrics/interview confirmations.
• Tax, employment records.

Protect sensitive info like A-number, passport details.

Watch for Immigration Scams

Scammers target AOS applicants with:

• Promises of guaranteed approval or expedites.
• Fake USCIS calls demanding payment via gift cards.
• Notarios giving legal advice.
• Websites mimicking USCIS.gov.

Verify at USCIS.gov/avoid-scams. Use only accredited representatives (check DOJ.gov/eoir list).

When to Contact Qualified Immigration Help

Seek an attorney or accredited rep if:

• Complex history (overstays, crimes, prior denials).
• RFE, denial, or interview concerns.
• Waiver needed.
• Urgent travel/work issues.

Questions to ask:

• Experience with AOS cases like mine?
• Fees and services in writing?
• Will you give copies of everything?

Find help via AILA.org (attorneys) or USCIS.gov/avoid-scams (accredited orgs). Free/low-cost via legal aid.

Final Practical Tips

Adjustment of status can take months to years. Stay patient, organized, and informed.

Monitor mail and USCIS account daily. Update address via Form AR-11.

This article provides general educational information. Immigration processes are complex; rules change. Verify everything on USCIS.gov, Travel.State.gov, or CBP.gov. A qualified immigration attorney or accredited representative can review your specific situation. Do not rely on this as legal advice.

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