Applying for a green card while already living in the United States can feel overwhelming, but the adjustment of status process offers a streamlined path to permanent residence without the need to leave the country. This comprehensive guide walks you through everything you need to know about adjusting your status to become a lawful permanent resident in 2025.
What Is Adjustment of Status?
Adjustment of status is the process that allows eligible individuals already present in the United States to apply for a green card without having to return to their home country for consular processing. Instead of traveling abroad for an interview at a U.S. embassy or consulate, applicants can complete the entire process within the United States through U.S. Citizenship and Immigration Services (USCIS).
This process represents one of two primary pathways to obtaining a green card. The alternative, consular processing, requires applicants to complete their immigration process at a U.S. embassy or consulate in their home country or country of residence.
Who Can Apply for Adjustment of Status?
Not everyone in the United States can adjust their status. To be eligible, you must meet several key requirements that demonstrate your lawful presence and eligibility for permanent residence.
Basic Eligibility Requirements
Lawful Entry and Status You must have entered the United States lawfully and maintained legal status, with some exceptions. This means you entered with proper documentation, such as a valid visa, and have not violated the terms of your admission. However, certain categories of applicants may still be eligible even if they entered without inspection or have fallen out of status.
Immediate Relatives Exception Immediate relatives of U.S. citizens (spouses, unmarried children under 21, and parents of U.S. citizens over 21) have more flexibility. They can often adjust status even if they entered without inspection or have been out of status, as long as they are physically present in the United States.
Current Physical Presence You must be physically present in the United States when filing your adjustment of status application. This requirement continues throughout the process until your case is approved.
Category-Specific Eligibility
Family-Based Categories If you’re applying based on a family relationship, you must have an approved Form I-130 petition filed by your qualifying relative, or be able to file it concurrently with your adjustment application. The petitioner must be either a U.S. citizen or lawful permanent resident, and you must fall within an eligible relationship category.
Employment-Based Categories Employment-based applicants typically need an approved Form I-140 petition from their sponsoring employer. Some categories may require additional steps, such as labor certification through the Department of Labor’s PERM process.
Diversity Visa Winners Winners of the Diversity Visa Lottery can adjust their status if they are already in the United States and meet all eligibility requirements for their specific case.
Asylum Status Holders Individuals who have been granted asylum can apply to adjust their status to permanent resident one year after their asylum grant, provided they continue to meet the definition of a refugee and have not been firmly resettled in another country.
The Adjustment of Status Process: Step by Step
Understanding the adjustment of status process helps you prepare properly and avoid costly delays or denials. Here’s how the process typically unfolds:
Step 1: Determine Your Eligibility
Before beginning your application, carefully review all eligibility requirements for your specific category. Consider consulting with an immigration attorney if your situation involves complexity, such as prior immigration violations, criminal history, or extended periods of unlawful presence.
Step 2: Gather Required Documentation
The documentation requirements vary depending on your category, but most applications require similar foundational documents. Start collecting these materials early, as obtaining some documents can take several weeks or months.
Personal Documents You’ll need your birth certificate, passport, and any previous immigration documents such as I-94 arrival/departure records, visa pages, and approval notices for previous petitions or applications.
Relationship Evidence Family-based applicants must provide extensive documentation proving their qualifying relationship. For spouses, this includes marriage certificates, joint financial records, photos together, and evidence of shared residence. Parent-child relationships require birth certificates and adoption documents if applicable.
Financial Documentation Most applicants must submit Form I-864 Affidavit of Support, along with supporting financial documents from their sponsor. This includes tax returns, employment verification, bank statements, and proof of assets if needed to meet income requirements.
Medical Examination You must undergo a medical examination by a USCIS-approved civil surgeon. The examination includes a review of your vaccination history, physical examination, and screening for communicable diseases.
Step 3: Complete and File Form I-485
Form I-485, Application to Register Permanent Residence or Adjust Status, serves as the primary application form. This comprehensive form requests detailed information about your background, including your immigration history, employment, residence, travel, and criminal history if any.
Filing Fees As of 2025, the filing fee for Form I-485 varies based on your age and category. Additional fees apply for biometric services, and some applicants may qualify for fee waivers based on financial hardship.
Concurrent Filing In many cases, you can file your adjustment application concurrently with the underlying petition. For example, immediate relatives of U.S. citizens can file Form I-130 and Form I-485 together, which can significantly reduce overall processing time.
Step 4: Attend Biometric Appointment
After filing your application, USCIS will schedule you for a biometric appointment at an Application Support Center. During this appointment, they’ll take your fingerprints, photograph, and signature for background checks and to produce your green card.
Step 5: Prepare for Your Interview
Most adjustment of status applications require an interview with a USCIS officer. The interview provides an opportunity for the officer to verify information in your application and ask questions about your eligibility.
Interview Preparation Review your entire application before the interview and bring original documents that support your case. Practice answering questions about your background, relationship (if applicable), and intentions in the United States. If you need an interpreter, arrange for one in advance or request one from USCIS.
What to Expect The interview typically lasts 20-30 minutes, though complex cases may take longer. The officer will review your application, ask questions to verify information, and may request additional evidence if needed.
Step 6: Receive Your Decision
After your interview, you’ll receive one of three possible decisions:
Approval If approved, you’ll receive your green card in the mail within a few weeks. Your permanent resident status begins on the date USCIS approves your application.
Denial If denied, you’ll receive a written explanation of the reasons for denial. Depending on your current status, you may face removal proceedings or have options to appeal or refile.
Request for Additional Evidence Sometimes USCIS requests additional documentation before making a final decision. Respond promptly and completely to these requests to avoid delays or denials.
Common Challenges and How to Avoid Them
Many adjustment of status applications face delays or denials due to preventable issues. Understanding these common pitfalls helps you avoid them.
Incomplete or Inaccurate Applications
One of the most frequent problems involves incomplete forms or inaccurate information. Take time to carefully complete every section of your forms, even if a question doesn’t seem to apply to you. When in doubt, write “N/A” rather than leaving sections blank.
Insufficient Supporting Evidence
USCIS officers must be convinced that you meet all eligibility requirements based on the evidence you provide. For family-based cases, this means providing comprehensive evidence of your relationship. For employment-based cases, ensure all labor certification and petition documentation is complete and current.
Medical Examination Issues
Problems with medical examinations cause significant delays. Ensure your civil surgeon is USCIS-approved and that you complete all required vaccinations before your examination. Keep copies of all medical documentation for your records.
Financial Support Concerns
Many applications face scrutiny over whether the sponsor meets income requirements for Form I-864. If your sponsor’s income falls short, explore options such as joint sponsors or using assets to meet requirements.
Criminal History Disclosure
Failure to disclose criminal history, even minor offenses, can result in denial and potential fraud charges. Disclose all arrests, charges, and convictions, even if they were expunged or occurred in another country. Consult with an attorney if you have any criminal history questions.
Processing Times and What to Expect
Adjustment of status processing times vary significantly based on your USCIS field office, case complexity, and current caseloads. As of 2025, typical processing times range from 12 to 36 months, though some cases may take longer.
Factors Affecting Processing Time
Case Complexity Straightforward cases with complete documentation typically process faster than complex cases requiring additional review or evidence.
Field Office Workload Some USCIS field offices have significantly longer processing times due to higher caseloads or staffing challenges.
Background Check Delays Security background checks can sometimes cause extended delays, particularly for applicants from certain countries or with extensive travel history.
Staying Informed About Your Case
USCIS provides several ways to track your case status. You can check online using your receipt number, sign up for automatic updates, or contact USCIS customer service if your case exceeds normal processing times.
Work Authorization and Travel While Your Case Is Pending
One significant advantage of adjustment of status is the ability to apply for work authorization and travel permission while your case is pending.
Employment Authorization Document (EAD)
You can apply for an EAD by filing Form I-765 along with your adjustment application. This allows you to work for any employer in the United States while your case is pending. EADs are typically valid for one year and can be renewed if your case is still pending.
Advance Parole for Travel
Form I-131 allows you to apply for advance parole, which permits travel outside the United States while your adjustment case is pending. However, traveling without advance parole can abandon your adjustment application, so never travel internationally without proper authorization.
Combo Card USCIS often issues a combination card that serves as both an EAD and advance parole document, providing convenience for applicants who need both benefits.
Special Considerations for Different Categories
Different categories of adjustment applicants face unique considerations and requirements.
Family-Based Applicants
Family-based adjustment cases require extensive documentation to prove the legitimacy of relationships. Marriage-based cases receive particular scrutiny, especially if the marriage occurred recently or involves significant age differences.
Conditional Permanent Residence Spouses married less than two years when they receive their green card receive conditional permanent residence. They must file Form I-751 to remove conditions within the 90-day period before their second anniversary of receiving their green card.
Employment-Based Applicants
Employment-based applicants must maintain their qualifying employment throughout the adjustment process. Changing employers can complicate your case and may require additional documentation or a new petition.
Priority Date Considerations Most employment-based categories have annual limits, creating backlogs for certain countries. Your priority date must be current before you can file your adjustment application, and retrogression can affect pending cases.
Asylum-Based Applicants
Asylum applicants must continue to meet the refugee definition and demonstrate that circumstances in their home country haven’t changed sufficiently to make return safe.
Costs Associated with Adjustment of Status
Understanding the full cost of adjustment of status helps you budget appropriately for the process.
USCIS Filing Fees
The primary costs include Form I-485 filing fees, biometric fees, and medical examination costs. Additional forms like I-765 and I-131 may have separate fees, though they’re sometimes included with the I-485 filing fee.
Medical Examination Costs
Civil surgeon fees vary by location but typically range from $200 to $500. Additional costs may apply for required vaccinations not covered by insurance.
Attorney Fees
While not required, many applicants choose to work with immigration attorneys. Legal fees vary widely based on case complexity and geographic location.
Document Preparation Costs
Obtaining required documents, translations, and certified copies can add additional costs to your application.
When to Seek Legal Help
While some adjustment cases are straightforward enough for self-representation, many situations benefit from professional legal assistance.
Complex Cases Requiring Legal Help
If you have any criminal history, previous immigration violations, extended periods of unlawful presence, or multiple marriages, consider consulting with an experienced immigration attorney. These situations can significantly complicate your case and may require specialized knowledge to navigate successfully.
Red Flags That Suggest You Need an Attorney
Previous denials of immigration applications, orders of removal, fraud allegations, or discrepancies in your immigration history all suggest the need for professional legal representation.
Maintaining Status While Your Case Is Pending
Your current immigration status and your pending adjustment application interact in important ways that affect your ability to remain in the United States legally.
Status Protection
Filing a timely adjustment application generally protects you from accruing unlawful presence while your case is pending, even if your underlying status expires. However, this protection only applies if your case remains pending and you don’t take actions that invalidate your application.
Employment Authorization
Your pending adjustment application allows you to apply for work authorization, but you cannot work until you receive your EAD. Working without authorization can jeopardize your adjustment case.
After Approval: Your New Rights and Responsibilities
Receiving your green card marks the beginning of your life as a lawful permanent resident, bringing both new opportunities and responsibilities.
Rights as a Permanent Resident
You can live and work permanently in the United States, travel freely in and out of the country (with some limitations), sponsor certain family members for immigration, and apply for U.S. citizenship after meeting eligibility requirements.
Ongoing Responsibilities
You must maintain your permanent residence in the United States, file tax returns on your worldwide income, register for Selective Service if required, and avoid actions that could make you removable from the United States.
Path to Citizenship
Most permanent residents can apply for U.S. citizenship after five years of permanent residence (three years if married to a U.S. citizen). Maintaining continuous residence and physical presence requirements during this period is crucial for future naturalization eligibility.
The adjustment of status process provides a valuable pathway to permanent residence for eligible individuals already in the United States. While the process involves substantial paperwork, documentation requirements, and waiting periods, careful preparation and attention to detail can lead to successful outcomes.
Success in adjustment of status cases depends largely on understanding eligibility requirements, preparing complete applications with thorough supporting documentation, and navigating the process strategically. Whether you choose to handle your case independently or work with legal counsel, investing time in understanding the process and requirements will serve you well.
Remember that immigration law changes frequently, and individual circumstances can significantly affect case outcomes. Stay informed about current requirements and processing procedures, and don’t hesitate to seek professional guidance when facing complex situations or uncertain about your eligibility.
Your adjustment of status application represents a significant step toward achieving your American dream. With proper preparation and persistence, this process can successfully transform your temporary presence in the United States into permanent residence, opening doors to new opportunities and a secure future in America.