Immigration Topics Explained:

Adjustment of Status: Get a Green Card Without Leaving the U.S.

What Is Adjustment of Status?

Adjustment of status is the process that allows certain immigrants already in the United States to apply for a green card without having to leave the country and attend an interview at a U.S. embassy abroad. If you are eligible, you may be able to complete the entire green card process from inside the U.S., even if your visa has expired.

If you’re outside the United States or don’t qualify for adjustment, your case will proceed through consular processing, a similar but separate procedure handled abroad.

This guide will walk you through the major steps in the family-based adjustment of status process, a procedure common for spouses, parents, and children of U.S. citizens.

Eligibility for Adjustment of Status

What are the requirements?

Every family-based green card applicant falls into one of two groups: immediate relatives or family preference categories. The group you belong to determines how quickly your case can move forward.

Immediate Relative Categories
Immediate relatives include the spouse, parents, and unmarried children (under age 21) of U.S. citizens.
Learn More AboutImmediate Relatives
Family Preference Categories
Family preference includes other qualifying family-based relationships for immigration.
Learn More AboutFamily Preference

For adjustment of status, it matters which category you fall into. Immediate relatives of U.S. citizens always have a visa available — there’s no annual cap. Family preference applicants are subject to yearly limits. That means they typically have to wait until their category is “current” in the Visa Bulletin.

Requirements to Adjust Status Inside the U.S.

Adjustment of status is only available to certain people already inside the U.S. meeting specific legal criteria. At a minimum, you must:

  • Be physically present in the United States

    You must be inside the United States when the adjustment of status application is filed (and will need to complete the process inside the U.S.).
  • Have entered legally

    For most people, this means that you entered the U.S. with valid documentation and made face to face contact with a U.S. immigration officer, and that officer acknowledged your entry to the United States. If you entered with a valid visa, but that visa has since expired, you still had a lawful entry.
  • Have an immigrant visa immediately available

    You need both an approved petition and an available visa. Immediate relatives of U.S. citizens always have one. But if you’re in a family preference category, you’ll need to wait until your spot is current in the Visa Bulletin. See how to read the Visa Bulletin →
  • Be admissible to the United States

    Admissibility means that there are no legal bars that would prevent approval of your green card or entry into the U.S. There are several grounds of inadmissiblity →

Only a very limited group of people can adjust status. That’s why adjustment is generally only used by some immediate relatives, spouses that entered as K-1 fiancés, asylees, refugees, or those who arrived on an employment visa (e.g. H-1B) and the employer sponsored them for a green card.

Not sure if you meet the requriements? CitizenPath helps you confirm eligibility and all requirements before you purchase our service. Get started on an Adjustment of Status Package for free →

Potential Roadblocks

Where do other people run into problems?

Even if you initially meet the requirements, there are several issues that can delay or prevent your green card approval.

Visa Overstays

Most applicants must maintain a valid immigration status. However, immediate relatives of U.S. citizens can often adjust status even if they overstayed their visa.
Learn More

Public Charge

Problems arise when a financial sponsor’s income is too low, supporting documents are insufficient, or a joint sponsor isn’t available.
Learn More

Unauthorized Travel

Problems arise when applicants leave the U.S. without advance parole, causing USCIS to treat the adjustment application as abandoned and risking denial.
Learn More

Changes in Circumstances

You’ll need to stay eligible the whole way through. Life changes, like a shift in family situation or finances, can create problems and even put your adjustment at risk.
Learn More

Our goal is to help you avoid RFEs (Requests for Evidence), ensure approval, and get the best processing times with thorough documentation of your eligibility.

Green Card Application Process

What are the adjustment of status forms?

Adjustment cases generally require a package of forms filed together (concurrent filing). A typical family-based adjustment of status application package includes:

Additionally, your adjustment of status package must include the required supporting documents for each form. USCIS provides detailed instructions, or you can use CitizenPath’s attorney-designed software for step-by-step guidance and a custom checklist of supporting documents for your situation. Our affordable service makes applications easier, reduces mistakes, and is backed by live customer support.

Download a FREE I-485 checklist that will help you gather some of the necessary information to prepare the family-based adjustment of status application.
GET CHECKLIST

Travel and Work Authorization

Can I leave the country or work in the U.S.?

A green card lets you work in the U.S. and reenter after trips of less than one year. While waiting for approval, adjustment applicants can usually get similar benefits through a work permit and advance parole.

Employment Authorization

As an adjustment applicant with a pending Form I-485, you may file Form I-765 for a work permit, often at the same time for faster processing. USCIS usually issues the card in 3–6 months, valid for one year and renewable. A reduced USCIS fee also applies if filed with a pending I-485. Working without authorization can jeopardize your green card.

Learn more about getting a work permit while your I-485 is pending →

Advance Parole Travel

If you plan to travel while your I-485 is pending, you must first request an advance parole travel document by filing Form I-131, often included with your adjustment package. Leaving without it may cause USCIS to treat your case as abandoned. Advance parole allows reentry but does not guarantee admission — you remain subject to inspection at the border.

Learn more about advance parole for adjustment applicants →

Adjustment of Status Interview

Is there going to be an interview?

Most applicants attend an interview at a local USCIS office before a green card is approved. The interview is usually brief and focuses on verifying your application, confirming the family relationship, and checking for changes that might affect eligibility. In marriage cases, the sponsoring spouse typically attends as well. If approved, your green card is mailed shortly after. Learn more about preparing for your green card interview →

Green Card Fees

How much does adjustment of status cost?

Adjustment of status costs vary because required forms differ by case type. For example, a family-based application uses different forms than an employment-based case. Use the Green Card Cost Estimator below to calculate your USCIS filing fees and CitizenPath preparation fees.

Select the Basis of Your Adjustment of Status Application:

Timeline to Adjust Status

How long does it take to get a green card?

After filing, USCIS will schedule a biometrics appointment to collect your photo, fingerprints, and signature for a background check. Most applicants also attend an adjustment of status interview several months later, sometimes with the sponsoring relative. USCIS may waive the interview in straightforward cases.

#StepDescriptionWho
1Adjustment of Status PackageFile Form I-485 with supporting forms and documentsApplicant + Petitioner
2Biometrics AppointmentUSCIS collects fingerprints, photo, and signatureApplicant
3Receive EADUSCIS issues employment authorization card for work if I-765 filedApplicant
4Receive Advance ParoleUSCIS issues advance parole for travel if I-131 filedApplicant
5Adjustment InterviewUSCIS officer reviews case; petitioner may also attendApplicant + Petitioner
6Green Card DecisionUSCIS approves case and mails green cardApplicant

For many family-based applicants, the adjustment process takes 8–14 months. Timelines vary by location, USCIS workload, and your specific case. For a closer look at what happens after filing the application, see our Form I-485 processing time line →

Form I-485, Application to Register Permanent Residence or Adjust Status

Use Form I-485 (Application to Register Permanent Residence or Adjust Status) to apply for permanent residence while in the United States. Each year, USCIS rejects or denies thousands of I-485 applications. Therefore, it's important to get it right.

each year an average of
1
I-485 applications are filed*
out of these
1
get rejected*
and another
1
get denied*

Frequently Asked Questions

How CitizenPath Helps You Prepare the Adjustment Application Package

Who can help me apply for a green card?

CitizenPath’s affordable online service makes it simple to prepare Form I-485, Application to Adjust Status. Designed by immigration attorneys, our Adjustment of Status Package (includes Forms I-485, I-130 and I-130A) helps you avoid the common mistakes that cause delays, rejections, and denials. The software flags potential problems, provides step-by-step guidance, and gives you personalized filing instructions. You stay in control with an easy, do-it-yourself tool that's backed by live customer support and a money-back guarantee of USCIS approval. Get started →

STEP
1
Check Eligibility
No signup required.

We're going to ask you a few questions to make sure you're eligible and preparing the correct form.

STEP
2
Prepare Form I-485
There’s no obligation to purchase.

Our software will guide you through the I-485 application using simple step-by-step instructions.

STEP
3
Download, Print and File
Pay only $279 + USCIS fees.

Once you're completely satisfied, you’ll be able to print your I-485 and customized filing instructions.

CitizenPath Adjustment of Status Package to obtain a family-based green card
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