After I-130 is Approved, What’s Next?

A foreign national that wants to change their nonimmigrant status to permanent resident status (green card holder) uses a process called adjustment of status. The foreign national would file Form I-485, Application to Register Permanent Residence or Adjust Status, as the primary form in an adjustment of status application package. Although USCIS will consider additional factors before approving an adjustment application, the three fundamental requirements to adjust status require that you must:

• Be physically present in the United States;
• Have an immigrant visa immediately available; and
• Have a lawful entry to the United States.

Lawful entry means that immigration officials admitted or paroled you into the United States. For most people, this generally means that you entered the United States 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. For other individuals that have an unlawful entry but otherwise meet the requirements to adjust status, an I-601A waiver may be available. For waiver cases, the guidance of an immigration attorney is highly recommended.

If you are in the United States after USCIS approves the I-130 petition, you’ll probably want to file an adjustment of status package. The adjustment package generally includes several mandatory USCIS forms and some optional forms. It may seem a bit overwhelming, but most people with straightforward cases can prepare the application package without the assistance of an attorney.

By accurately preparing these forms, you will greatly increase your chances of having your case processed quickly. As mentioned, Form I-485 is the primary application in the package, but several other USCIS forms may need to be included:

• I-485, Application to Register Permanent Residence or Adjust Status
  This is a required form used to claim the immigrant visa and adjust status to a lawful permanent resident.
• I-864, Affidavit of Support
  This is a required form used to show that the applicant has adequate means of financial support from a sponsor.
• I-693, Report of Medical Examination and Vaccination Record
  This is a required form used to establish that the applicant is not inadmissible on public health grounds.
• I-765, Application for Employment Authorization
  This is an optional form used to request permission to work in the United States while waiting for the green card.
• I-131, Application for Travel Document
  This is an optional form used to request an advance parole travel document, a necessary document to re-enter the U.S.

In addition to the forms listed above, the applicant must submit USCIS fees and supporting documentation. This list of items that must be submitted varies based on your specific situation and answers on the forms.

Refer to the directions for each USCIS form or the simplified set of instructions when you prepare the package on CitizenPath. In addition to your prepared form, CitizenPath provides you with a set of personalized filing instructions. Our filing instructions are customized to your answers in the application so you know what to do for your specific situation. The filing instructions provide detailed directions on supporting documents, how to organize your application, and where to mail it. To see an overview of typical forms and fees for your situation, review the adjustment of status fee page.