Adjustment of Status: Applying for Your Green Card While in the United States

Adjustment of status allows eligible immigrants to apply for green cards without leaving the United States. Instead of traveling abroad for consular processing, you complete the entire process domestically. This option is available to many but not all green card applicants—your eligibility depends on how you entered the U.S. and your current immigration status.

Understanding adjustment requirements helps you plan your pathway. Choosing between adjustment and consular processing involves weighing convenience, risk, and timeline factors specific to your situation.

Who Can Adjust Status

Generally, you can adjust status if you're physically present in the U.S., were inspected and admitted (entered legally through an official port of entry), have an immediately available immigrant visa, and are admissible to the United States.

Immediate relatives of U.S. citizens have the most flexibility. They can adjust even with visa overstays or unauthorized work in some circumstances, thanks to Section 245(c) exceptions. Other applicants face stricter requirements—unauthorized work or status violations may bar adjustment.

Certain categories like refugees and asylees have special adjustment provisions. Some people present without inspection can adjust under registry provisions if they've been continuously present since before January 1, 1972, or under special Cuban Adjustment Act or Nicaraguan Adjustment and Central American Relief Act (NACARA) provisions.

The Adjustment Process

Adjustment begins when you file Form I-485 along with supporting documents, photographs, and fees. Many applicants file I-485 concurrently with their underlying immigrant petition (like I-130 or I-140) to save time.

After filing, you'll complete biometrics (fingerprints and photo) at a USCIS Application Support Center. Processing times vary widely by location—currently ranging from under a year to over two years. Check USCIS processing times for your local office.

Most adjustment applicants must attend an interview at their local USCIS field office. Marriage-based cases almost always require interviews. Employment-based cases may have interviews waived depending on the office and circumstances.

Work and Travel While Pending

While adjustment is pending, you can apply for an Employment Authorization Document (EAD) to work legally and Advance Parole to travel internationally and return. Do not travel without valid Advance Parole—leaving without it abandons your pending application.

USCIS now issues combination cards providing both work authorization and travel permission. Processing times for these documents vary but typically take several months. Plan accordingly if you need to work or travel.

Some applicants maintain their nonimmigrant status (like H-1B) while adjustment is pending. This provides backup work authorization and may allow travel without Advance Parole, depending on the visa type.

Admissibility Issues

Even if procedurally eligible for adjustment, you must be admissible—not subject to grounds that bar permanent residence. Inadmissibility grounds include criminal convictions, immigration fraud, unlawful presence, certain health conditions, and national security concerns.

Some inadmissibility grounds have waivers available. The specific waiver depends on the ground and your relationship to U.S. citizens or permanent residents. Waivers require showing extreme hardship to qualifying relatives in many cases.

Disclose everything accurately. Lying on your application is itself grounds for denial and can create permanent fraud bars. If you have concerns about your history, consult an attorney before filing.

Adjustment vs. Consular Processing

Choosing between adjustment and consular processing involves tradeoffs. Adjustment lets you stay in the U.S. throughout the process and often work legally while waiting. Consular processing may be faster in some cases and doesn't require prior legal entry.

However, adjustment has risks. Denial while in the U.S. can lead to removal proceedings. If you have unlawful presence, leaving for consular processing might trigger bars to reentry. The right choice depends on your specific circumstances and risk tolerance.

Some people have no choice—those who entered without inspection generally cannot adjust (absent special provisions) and must pursue consular processing, potentially facing unlawful presence bars.

After Approval

If approved, you'll receive your green card by mail. The card initially shows a two-year validity but represents permanent status—you'll receive renewals automatically as long as you maintain permanent residence requirements.

Marriage-based green cards issued within two years of marriage come with conditions requiring removal of conditions before the second anniversary. Other categories receive unconditional permanent residence.

Getting Legal Help

Adjustment of status involves detailed forms, substantial documentation, and potential admissibility issues that require careful evaluation. An immigration attorney identifies problems before you file, prepares strong applications, and guides you through interviews. Given the stakes—and the inability to easily correct mistakes—professional assistance helps ensure your adjustment succeeds.