Key Takeaways
Adjustment of status may allow eligible immigrants already in the United States to pursue a green card without consular processing abroad.
Recent USCIS guidance has made adjustment of status more limited, with approvals generally reserved for extraordinary circumstances.
Eligibility can vary based on the applicant’s immigration category, manner of entry, visa availability, and prior immigration history.
The adjustment of status process typically includes Form I-485, supporting documents, biometrics, and sometimes an interview.
Filing fees, processing times, travel rules, and the need for legal guidance can all depend on the details of the individual case.
Understanding adjustment of status can start to feel like a lot, especially with all the recent immigration updates and changes. Many are left wondering what still applies in their situations and what steps to take next. In this guide, we’ll walk through adjustment of status for those already in the U.S., including who may qualify, recent policy changes, filing fees, processing times, interviews, travel concerns, and more.
What is Adjustment of Status?
Adjustment of status is the process of applying for a green card while you’re already in the United States. Instead of leaving the country for a visa interview, eligible applicants can complete the process through USCIS here. It involves forms, documents, and sometimes an interview, but the basic goal is to become a lawful permanent resident. There have been some significant changes in the process that could affect some applicants, which we’ll address next.
What the Recent Adjustment of Status Changes Mean
Recent changes in adjustment of status guidance may affect how some nonimmigrants pursue a green card while they’re already in the United States. While each case will still be reviewed individually, the overall message is that applying for an immigrant visa from outside the country may become the expected route in more situations.
The policy may affect some applicants more than others. USCIS has also noted that certain adjustment of status provisions are non-discretionary, meaning an applicant who meets the legal requirements may still be entitled to approval under that specific category. Because the rules can vary by green card category, it’s important to look at the details of each individual case.
Here are the five key changes and a brief overview of why they matter.
1. Adjustment of Status May Be Limited to Extraordinary Circumstances
The guidance indicates that USCIS may limit discretionary adjustment of status approvals to extraordinary circumstances. This could make it harder for some applicants to apply for a green card without leaving the United States, even if they would otherwise qualify for an immigrant visa. However, this approach doesn’t apply in exactly the same way to every adjustment category, since some provisions are non-discretionary when the applicant meets the required legal criteria.
2. Decisions Will Still Be Made Case by Case
USCIS will continue to review applications based on each person’s individual situation. This is important because the guidance doesn’t create an automatic yes or no for every applicant. Details such as immigration history, eligibility category, family circumstances, and potential travel concerns may still affect the outcome.
3. Nonimmigrants May Be Expected to Apply From Abroad
The updated approach generally expects nonimmigrants to leave the United States and apply for an immigrant visa through a U.S. embassy or consulate abroad. This is significant because traveling outside the country could create timing issues, added expenses, or immigration risks for some people.
4. Extraordinary Circumstances Aren’t Clearly Defined
The memo doesn’t provide a detailed definition of what USCIS considers an extraordinary circumstance. That lack of clarity is important because applicants might not know whether their situation qualifies until their case is reviewed, making it harder to plan ahead with confidence.
5. USCIS Says the Goal is to Reduce Overstays and Reallocate Resources
USCIS has said that the policy is intended to reduce unlawful overstays and help the agency use its resources more efficiently. This is important for applicants because it shows the agency might be placing greater emphasis on whether someone followed the terms of their nonimmigrant status before seeking permanent residence.
Is It Still a Path to a Green Card?
Yes. Adjustment of status is still a path to a green card for people who qualify. It allows an eligible person to apply for lawful permanent residence from inside the United States rather than completing the immigrant visa process abroad. Recent USCIS guidance may make discretionary adjustment of status cases more difficult, particularly when the applicant is expected to pursue an immigrant visa from abroad. However, some adjustment provisions are non-discretionary when the applicant meets the required legal criteria.
Who is Eligible?
Eligibility will depend on the green-card category and a person’s immigration history, but adjustment of status is generally available to people who are already in the United States and meet the requirements for permanent residence. Common eligible groups include:
Immediate relatives of U.S. citizens
Other qualifying family members
Employment-based applicants
Refugees and asylees
Diversity Visa lottery selectees
Special immigrant applicants
Victims of certain crimes or abuse
Other humanitarian or special programs
Who May Have Trouble Qualifying for Adjustment of Status
Not everyone who is in the United States can apply for a green card through adjustment of status. Eligibility largely depends on how someone entered the country, whether they maintained their immigration status, and whether any legal issues could make them inadmissible. People who may face eligibility issues include.
People who entered the U.S. without inspection
People who overstayed a visa or violated the terms of their status
People who worked without authorization
People without an available immigrant visa number
People with certain criminal convictions or immigration violations
People who are considered inadmissible for health, security, fraud, or other legal reasons
People who don’t qualify under a family-based, employment-based, humanitarian, or other eligible green-card category
How Much Is the Adjustment of Status Fee?
For most applicants, the adjustment of status filing fee is $1,440. This fee applies to Form I-485, the primary application used to request a green card while living in the United States. Depending on the applicant’s circumstances, there could also be separate fees for related applications, such as employment authorization or advance parole, which can allow travel while the green card application is pending. Some applicants may qualify for a reduced fee or fee waiver. USCIS filing fees can change, so be certain to review the current fee schedule before submitting your application.
How to Apply for Adjustment of Status
Confirm your eligibility
Make sure you qualify for adjustment of status based on your green card category, immigration history, and current situation.Make sure a visa is available
Some applicants can apply right away, while others must wait until an immigrant visa number is available.Complete Form I-485
Form I-485 is the main application used to request adjustment of status from inside the United States.Gather your supporting documents
This may include proof of identity, immigration records, financial documents, medical exam results, and evidence supporting your green card category.Submit your application to USCIS
File the required forms, documents, and filing fees with USCIS.Attend biometrics and any required interview
USCIS may schedule you for fingerprints, photos, and an interview before making a decision.Wait for a decision
USCIS will either approve the application, deny it, or request more information before making a final decision.
Adjustment of Status Form
The main adjustment of status form is Form I-485, Application to Register Permanent Residence or Adjust Status, and it’s filed with USCIS. Depending on the applicant’s situation, Form I-485 may be filed with supporting forms and documents, such as proof of identity, immigration records, financial information, and evidence of eligibility.
Can You Do Adjustment of Status After Marriage?
Yes. If you marry a U.S. citizen or green card holder, you might be able to apply for a green card through adjustment of status while you’re in the United States. You’ll need to show proof that the marriage is real and not just for immigration purposes. Your eligibility can also depend on factors like your immigration history and how you entered the country.
Adjustment of Status Processing Time
In many cases, the process can take several months to more than a year but can also vary widely depending on USCIS workload and several other factors. USCIS updates its processing-time estimates regularly, so applicants can check the current timeline for Form I-485 based on their category and location before filing.
What to Expect in the Adjustment of Status Interview
Not every adjustment of status applicant is required to attend an interview. USCIS can decide to waive the interview in certain cases, but many applicants are still asked to meet with an officer before a final decision is made. If an interview is scheduled, it’s usually a chance for USCIS to review the application, confirm the information provided, and make sure the applicant is eligible for a green card. Be prepared for the officer to touch on the following topics:
Review of your application and supporting documents
Questions about your identity and personal background
Questions about your immigration history
Questions about your family relationship or employment
Review of any changes since you filed
Eligibility and admissibility questions
A possible request for more evidence or follow-up review
Do You Need an Attorney to Apply for Adjustment of Status?
While you aren’t required to hire an attorney to apply, having one can certainly make the process feel more manageable. The application involves detailed forms, supporting documents, deadlines, and eligibility rules that can be easy to overlook. An immigration attorney like Ginsburg and Perez can help you catch potential issues before you file, respond if USCIS asks for more information, and organize and complete your application. We can help you with all your immigration needs, including military parole in place, marriage visas, family immigration and DACA renewal.
FAQs
What happens if I apply for adjustment of status and get rejected?
If your adjustment of status application is denied, USCIS will explain the reason for the denial. Depending on the situation, you may be able to file an appeal, submit a motion to reopen or reconsider, reapply, or explore another immigration option.
When can I file for adjustment of status after marriage?
You may be able to file after the marriage is legally valid and the immigrant petition is ready to be submitted or approved. Spouses of U.S. citizens can often file Form I-130 and Form I-485 together, while spouses of green card holders may need to wait until a visa number is available.
Can I travel while my adjustment of status is pending?
You generally shouldn’t travel outside the United States while adjustment of status is pending unless you have advance parole or another valid travel authorization. Leaving without proper permission could cause your application to be considered abandoned. Even with advance parole, travel can carry separate immigration risks in some cases.
Where do I file adjustment of status?
Adjustment of status is filed with USCIS, usually by submitting Form I-485 and supporting documents to the correct USCIS filing location. The right address can depend on your eligibility category and the forms you are filing.
How long does adjustment of status take?
Processing times vary based on the type of case, USCIS workload, visa availability, and whether an interview or additional evidence is required. Many cases take several months to more than a year.
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
