What Is Adjustment of Status
Adjustment of status is the process of applying for permanent resident status (a green card) while physically present in the United States, rather than going through consular processing at a U.S. embassy or consulate abroad. You file Form I-485 with USCIS to adjust your status, and if approved, you receive your green card without leaving the country.
This differs from consular processing, where you would apply for an immigrant visa at a U.S. consulate in your home country or country of residence. The choice between adjustment and consular processing depends on your visa category, your current immigration status, and your eligibility under immigration law.
Eligibility and Visa Categories
Not all visa categories allow adjustment of status. Some common categories that do include:
- Employment-based green cards (EB-1, EB-2, EB-3) if you have an approved Form I-140
- Family-sponsored categories (immediate relatives of U.S. citizens, and relatives of permanent residents)
- Diversity visa lottery winners
- Special immigrant categories (religious workers, Afghan/Iraqi nationals, battered spouses)
If you entered the U.S. illegally or on a visitor visa without inspection, you generally cannot adjust status unless you qualify as an immediate relative of a U.S. citizen. This is a critical distinction that affects your options.
The Adjustment Process
The adjustment timeline typically takes 8 to 18 months from filing, though employment-based cases often take longer. Here's what happens:
- Your priority date must be current (available in the Visa Bulletin) before USCIS will process your I-485
- You attend a biometrics appointment within 4 to 6 weeks of filing
- USCIS conducts background checks and security clearances
- You receive a notice for your adjustment interview at your local USCIS office
- If approved, you receive your green card in the mail within 2 to 3 weeks
You can file Form I-485 concurrently with your employment-based petition (Form I-140) if you have an available priority date in the same fiscal year. This can save significant time.
Key Requirements
- You must have an approved immigrant petition (Form I-140 for employment, Form I-130 for family-based)
- An immigrant visa must be immediately available (priority date is current)
- You must pass medical examination (Form I-693) and obtain required vaccinations
- You must demonstrate you won't become a public charge (Form I-864 Affidavit of Support)
- You must pass security and background checks
- You must have valid passport and demonstrate admissibility to the U.S.
Adjustment vs. Consular Processing
Adjustment of status generally allows you to remain in the U.S. while your case is pending and doesn't require returning to your home country. With consular processing, you must go to a U.S. consulate abroad for your immigrant visa interview. Consular processing can be faster in some cases, particularly when visa backlogs don't exist for your category. However, if you're already in the U.S. and eligible to adjust, most immigration attorneys recommend it because you avoid the consular interview process and don't need to leave the country.
Common Questions
Can I work while my I-485 is pending? Yes. File Form I-765 (Employment Authorization Document) at the same time as your I-485. Once approved, you can work for any U.S. employer. Processing typically takes 3 to 6 months.
What happens if my priority date becomes unavailable after I file? If visa numbers run out during processing (common in employment-based cases), your case stays in queue until visa numbers become available again. You can remain in the U.S. in valid status while waiting.
Do I need a lawyer for adjustment of status? While not required, most people benefit from legal representation. The I-485 process involves multiple forms, strict deadlines, and complex eligibility rules. An immigration attorney costs $1,500 to $5,000 but can prevent costly mistakes.
Related Concepts
- Form I-485 - The Application to Register Permanent Residence or Adjust Status
- Green Card - Permanent resident status documentation