Adjustment of status is the process for getting permanent residence (the Green Card) from inside the United States, without going through a consulate. It is requested with Form I-485. This guide explains who can apply, what is filed, how the case moves and what to watch during the wait.
What it is and who can apply
Adjusting status means moving from your current situation (a visa, parole, granted asylum, in some cases an expired status) to permanent resident without leaving the country. You need three things:
- A basis to immigrate. The most common: a family petition (Form I-130) from an immediate relative of a U.S. citizen or from a preference category with a current priority date; an employment petition (I-140); asylum or refugee status granted at least a year ago; the Cuban Adjustment Act; a VAWA self-petition; special immigrant juvenile status; a diversity visa; among others.
- An available visa. For immediate relatives of citizens (spouse, unmarried children under 21, parents) a visa is always available. For the preference categories, your priority date has to be current in the Visa Bulletin.
- Eligibility to adjust. In most categories you must have entered with inspection (admitted on a visa or paroled) and be admissible, or have a waiver. Immediate relatives can adjust even if they lost status or worked without authorization; preference categories generally cannot. There are exceptions (section 245(i) for old petitions, for example). This is the part most worth reviewing with a lawyer or accredited representative before filing.
If you cannot adjust, the other path is consular processing: Adjustment of status or consular processing.
What goes in the packet
- Form I-485 with the fee (or a fee waiver request when it applies).
- Proof of the basis: the I-130 or I-140 approval, or the I-130 filed together with the I-485 (concurrent filing, possible for immediate relatives and when the priority date is current), or the asylum approval letter.
- Form I-864, the petitioner's affidavit of support, with tax returns and proof of income, in family cases.
- Form I-693, the medical exam by a designated civil surgeon. Since December 2024 it must be sent with the I-485; if it is missing, USCIS rejects the packet.
- Form I-765 (work permit) and Form I-131 (travel permit) if you want them while you wait. Since 2024 each one pays its own fee.
- Photos, copies of your passport, visa and entry record (I-94), birth and marriage certificates with translations, and the records of any arrest.
Each form gets its own receipt number and moves separately.
How the case moves, status by status
This is how an I-485 application usually moves. These are typical patterns, not official times: the whole process usually takes more than a year, and at some offices considerably more.
- Case Was Received: the receipt notice arrives in two to four weeks. Keep the receipt date from it.
- Biometrics Appointment Was Scheduled: the fingerprints appointment is usually scheduled within the weeks or few months after the receipt. Guide: The biometrics appointment.
- Case Was Updated To Show Fingerprints Were Taken: the long wait. Many applications spend months or more than a year here. There is nothing to do here.
- Request for Initial Evidence Was Sent: when it comes, it usually comes right after the fingerprints, within the following weeks. The most common reasons are the medical exam and the affidavit of support. Guide: Request for Evidence (RFE).
- The work permit and the travel permit arrive on their own path, often as a combined card, months later.
- Interview Was Scheduled: USCIS may call you to an interview at a local field office, especially in marriage cases, or decide without one.
- Case Was Approved and Card Was Produced: the decision and the card. Guide: Card Was Produced, Mailed, Delivered.
What each status means, in What every USCIS case status means. Your office's official times, in How long USCIS takes.
What to watch while you wait
- Do not leave the country without a travel permit (advance parole). Leaving with the I-485 pending counts as abandoning the application, unless you hold certain statuses (a valid H-1B or L-1, for example). Wait until the I-131 is approved and the document is in your hands.
- Do not work without authorization until you have the work permit or a status that allows it, especially in preference and employment categories.
- Keep your address current with USCIS: the appointment, the request for evidence and the interview come by mail, with deadlines.
- Tell your representative about any change: a marriage, a divorce, an arrest, a change of employer in employment cases. They can change your eligibility.
- Keep every appointment. Missing the fingerprints or the interview without rescheduling can be treated as abandonment.
If USCIS denies the adjustment
There is no direct appeal of an I-485 denial. You can file a motion to reopen or reconsider (Form I-290B) within the letter's deadline if there is an error or new evidence, and in some cases file again. If you have no other valid status, USCIS may issue a Notice to Appear, and adjustment can be requested again before the judge. This is the moment to talk to a lawyer.
Common questions
Can I work while I wait?
With the work permit (category c(9)) approved, yes. Without it, only if your current status allows it.
How long does it take?
It depends on the local office and the basis. USCIS publishes the time in which it decides 80% of cases per office; MigraConnect shows it next to your status, with the figure for the slowest 20%.
Is the interview mandatory?
USCIS can waive it when the file is clear; in marriage cases there usually is one. The status tells you when it is scheduled.
What if my priority date stops being current?
Your I-485 waits (it is not denied) until the date is current again. Check the Visa Bulletin every month.
This guide is informational and does not replace advice from a lawyer or an accredited representative. Need additional help? Contact USCIS at 1-800-375-5283.