Adjustment of Status (Form I-485)

Who may adjust status inside the United States

Adjustment of status, filed on Form I-485, allows certain applicants who are physically present in the United States to become lawful permanent residents without departing for consular processing abroad. Eligibility generally requires an approved or concurrently filed immigrant petition, a visa number that is immediately available in the applicant's category and admissibility to the United States.

Immediate relatives of U.S. cititzens (spouses, unmarried children under 21 and parents of adult citizens) always have a visa number immediately available because that category is not subject to annual numerical limits. Applicants in family preference and most employment-based categories must wait until their priority date is current under the Department of State Visa Bulletin before they may file or have an I-485 approved.

Inspection and admission, or parole, generally comes first

Most adjustment categories require that the applicant was inspected and admitted or inspected and paroled into the United States. An applicant who entered without inspection is generally not eligible to adjust status under the general rule in INA 245(a), though some categories, and some applicants who later obtained parole, may still have a path.

How and when someone entered the country, and what happened to their status afterward, is often the single most consequential fact in an adjustment case and should be reviewed before any filing.

Unlawful presence, status violations and INA 245(k)

Working without authorization, overstaying a period of authorized admission, or otherwise violating the terms of a visa can bar adjustment of status under INA 245(a) for many applicants. Immediate relatives of U.S. citizens benefit from a broad exception and generally may adjust despite such violations, provided they were inspected and admitted or paroled.

Certain employment-based applicants benefit from a separate, narrower exception under INA 245(k), which forgives up to 180 days total of specified status violations accrued since the applicant's most recent lawful admission. INA 245(k) does not forgive unlawful presence for purposes of the separate three-year and ten-year reentry bars, and it does not apply to every category, so it should not be assumed to solve every problem in a case.

Building the application

An adjustment filing typically bundles several forms addressing status, work authorization and travel together, along with medical and background evidence.

• Form I-485 itself, with supporting evidence of the underlying immigrant petition and the applicant's admissibility.
• Form I-693, the civil surgeon medical examination required for most applicants.
• Form I-765 for employment authorization, which may be filed concurrently to allow the applicant to work while the case is pending.
• Form I-131 for advance parole, which may be filed concurrently to allow limited travel while the case is pending without abandoning the application.
• Evidence supporting admissibility, including criminal history disclosures, prior immigration violations and any waivers that may be required.

The interview and adjudication

Most adjustment applicants are scheduled for an interview at a local USCIS field office, though USCIS waives the interview in some categories. At the interview an officer reviews the petition and application together, asks questions relevant to eligibility and admissibility and may request additional evidence before deciding the case.

Traveling internationally on advance parole, or leaving the country without it, while an I-485 is pending carries real risk. Departure without valid advance parole is generally treated as abandonment of the pending application in most categories.

Adjustment of status compared to consular processing

Adjustment of status and consular processing lead to the same underlying immigration benefit but follow different procedures. Adjustment is filed with USCIS and completed domestically; consular processing is completed at a U.S. embassy or consulate abroad and generally requires the applicant to remain outside the United States until an immigrant visa is issued.

The choice is not always a matter of preference. An applicant who entered without inspection, who is not eligible for an exception, or whose priority date is not current may have consular processing as the only realistic path, even if the rest of the family remains in the United States. A full comparison of the two pathways, including how they interact with prior unlawful presence, is discussed on the firm's consular processing page.

How the firm approaches an adjustment case

1. 1

   Eligibility and entry history review

   Confirm the underlying petition, visa availability and the applicant's entry, status and immigration history to identify any bars or exceptions that apply.

2. 2

   Application assembly

   Prepare the I-485 with the medical examination, work authorization and advance parole requests, and any required waivers.

3. 3

   Filing and case monitoring

   Submit the filing, respond to any request for evidence and track processing at the applicable field office.

4. 4

   Interview preparation and decision

   Prepare the applicant for the interview and address any follow-up requests through final adjudication.