Approved I-130 or Other Petition
You must have an approved I-130 (family-based), I-140 (employment-based), or qualify as an immediate relative of a U.S. citizen without needing an I-130 approval first.
What Is Adjustment of Status?
Adjustment of Status Explained
Adjustment of Status is the process of becoming a lawful permanent resident (green card holder) while remaining in the United States. Rather than departing the country for consular processing at a U.S. embassy or consulate, you file Form I-485 with USCIS and attend your interview at a local USCIS office.
Adjustment of Status is available only to certain categories of immigrants who have an approved I-130 petition (or who qualify under immediate relative, EB-sponsored, or special immigrant categories). Not everyone in the U.S. can adjust status; eligibility depends on your visa category, country of origin, and family or employment circumstances.
The key advantage of adjustment of status is that you can remain in the United States throughout the process and may apply for work authorization (I-765) and travel documents (I-131) while your case is pending. This allows you to continue working and living at home while awaiting a decision.
Eligibility Requirements
Who Can Adjust Status?
Adjustment of status is not available to everyone. You must meet specific eligibility criteria.
In the United States
You must be physically present in the U.S. at the time of filing. You cannot file I-485 from abroad and then enter; you must already be here.
Valid Entry to the U.S.
You must have been inspected and admitted or paroled into the U.S. by an immigration officer. Entering without inspection generally bars you from adjustment (with limited exceptions).
Valid Immigrant Visa Available
For preference-based categories, an immigrant visa must be immediately available as of the visa bulletin. Immediate relatives are not subject to visa number limitations.
Affidavit of Support
Your petitioner (or another sponsor) must complete Form I-864 demonstrating they can financially support you and ensure you won't become a public charge.
Medical & Security Clearance
You must pass a medical exam (I-693 by USCIS-approved civil surgeon) and security background check. Criminal history or serious medical conditions may be grounds for denial.
Work Permit
Form I-765: Employment Authorization Document (EAD)
File I-765 concurrent with I-485 to work legally while your adjustment case is pending.
Form I-765 is an application for an Employment Authorization Document (EAD), commonly called a "work permit." Filing I-765 concurrently with I-485 allows you to work legally in the United States while your adjustment case is being processed—which can take 1–2 years or longer in some cases.
The I-765 is not automatic; USCIS must approve it separately. However, most applicants for adjustment of status are eligible to file Form I-765 as a matter of right, particularly if they are immediate relatives or have employment-based sponsorship.
Processing Timeline: Work permits typically take 3–6 months to arrive after filing. If you need to work before receiving your permit, ask about submitting a Form I-765 with an early filing request, which may allow you to start working on a temporary basis while USCIS processes your application.
Validity: Once approved, your EAD is valid for two years (generally). It authorizes you to work for any employer in the United States during that period. You do not need employer sponsorship to change jobs once you have an EAD.
Travel Documents
Form I-131: Travel Documents & Advance Parole
File I-131 to travel outside the United States while your adjustment case is pending.
Form I-131 is an application for Advance Parole, a document that allows you to leave the United States and return while your I-485 is pending, without abandoning your adjustment case. Without Advance Parole, leaving the U.S. typically terminates your I-485 application.
Why This Matters: If you need to visit family, handle urgent business, or return home for any reason while your adjustment case is pending, you must file I-131 and receive approval before you depart. Traveling without Advance Parole may cause your adjustment application to be denied, and you could be barred from re-entering the United States.
Filing Together: You can file I-131 along with I-485 and I-765 in the same package. USCIS will process all three applications together. This is the standard practice in adjustment of status cases.
Advance Parole documents are typically valid for two years. Once approved, you can travel abroad and return to the U.S. as long as your Advance Parole card has not expired.
Documentation
Documents Required for I-485 Filing
Submit a complete package to avoid Requests for Evidence (RFEs) and delays.
Core I-485 Forms & Documents:
- Form I-485 (Application to Register Permanent Residence or Adjust Status)
- Form I-765 (Application for Employment Authorization)
- Form I-131 (Application for Travel Document)
- Form I-864 (Affidavit of Support, from your petitioner/sponsor)
- Form I-693 (Medical Examination Report, completed by USCIS-authorized civil surgeon)
- Birth certificate and vaccination records
- Passport biographical page and valid passport
- Marriage certificate and divorce decrees (if applicable)
Financial Documentation (for I-864):
- Sponsor's recent federal tax returns (2 years prior)
- W-2s, pay stubs, or employment letter from sponsor
- Bank statements and investment statements
- Property deeds or mortgages (if needed to meet income threshold)
Security & Background:
- Police clearance certificates from all countries where you have lived
- Any arrest, conviction, or court records
- Documentation of any immigration violations or prior rejections
Proof of Entry & Immigration Status:
- Copy of passport stamp showing entry to the U.S.
- I-94 arrival/departure record
- Current visa or travel document, if applicable
Step-by-Step Process
I-485 Adjustment of Status Timeline
Here's what to expect from filing through approval.
01
File I-485 & I-765
Submit all forms and supporting documents to USCIS Service Center or directly to a local USCIS office. Include filing fees ($640 for I-485 + $1,140 for I-765 = $1,780 total as of 2026).
02
Receive Receipt Notice
USCIS sends Form I-797 receipt notice confirming receipt and assigning a case number. This typically arrives within 2–4 weeks of filing.
03
Biometrics & Interview
USCIS schedules you for biometrics appointment (fingerprinting). Later, you receive interview notice. Interview is typically at a local USCIS office 6–12 months after filing.
04
Decision & Green Card
After interview, USCIS approves or denies your I-485. Upon approval, you receive your green card by mail within 2–4 weeks.
Common Questions
Frequently Asked Questions
Only if you have an approved I-765 (work permit). Filing I-765 does not automatically authorize work; you must wait for approval. Once approved, you can work for any employer with your EAD. Without a work permit, you cannot legally work in the United States, even if your I-485 is pending.
A denial means your application to adjust status was rejected. You generally lose your status in the United States and may be subject to deportation proceedings. You have the right to appeal or seek a motion to reopen if there is new evidence. If denied, consult with an immigration attorney immediately to understand your options.
Only if you have an approved Form I-131 (Advance Parole). With Advance Parole, you can leave the U.S. and return without abandoning your case. Without it, departing the U.S. typically results in automatic termination of your I-485 application. File I-131 before planning any international travel.
Adjustment of status can take anywhere from 8 months to 2+ years, depending on your USCIS office, case complexity, and whether Requests for Evidence are issued. Immediate relatives typically receive decisions faster than employment-based cases. Check USCIS processing times for your local office for a current estimate.
Form I-864 (Affidavit of Support) is signed by your petitioner/sponsor and guarantees that they will financially support you and ensure you don't become a public charge. USCIS uses it to verify the sponsor has sufficient income (typically 125% of the federal poverty line). The sponsor is legally bound by this commitment, even after you receive your green card.