Adjustment of Status (Form I-485)

General Qualifications for Family-Based Adjustment

Adjustment of status lets an eligible relative in the U.S. apply for a green card on Form I-485 without consular processing abroad. Most family cases rest on an approved, pending or concurrently filed Form I-130. Immediate relatives always have a visa available. Preference applicants generally wait until the Visa Bulletin shows one.

The applicant files Form I-485 with Form I-864, Form I-693 and supporting documents, and may file Form I-765 and Form I-131 with it. USCIS schedules biometrics, decides whether an interview is needed and decides the case. Leaving the U.S. without advance parole while the I-485 is pending generally leads USCIS to treat it as abandoned.

Clients This Case Type Helps

• Spouses of U.S. citizens who were inspected and admitted or paroled
• Parents and unmarried children under 21 of U.S. citizens in the U.S.
• Preference beneficiaries in the U.S. whose visa is now available
• K-1 fiancé(e)s who married the petitioner within 90 days
• Applicants who may qualify through INA 245(i)

General Qualifications

• Inspected and admitted or inspected and paroled into the U.S., with limited exceptions.
• Physically present in the U.S. when Form I-485 is filed.
• Beneficiary of an approved, pending or concurrently filed Form I-130, with a visa available.
• The qualifying relationship with the petitioner still exists.
• No bar to adjustment under INA 245 applies, though INA 245(i) may help in some cases.
• Admissible to the U.S. for permanent residence, or eligible for a waiver or other relief.
• Merits a favorable exercise of discretion.

Consultation Screening Questions

1. How did the applicant last enter the U.S.? Do they have an I-94 or parole document?
2. Has the applicant ever overstayed, worked without authorization or fallen out of status?
3. Has the applicant ever been in removal proceedings or been removed?
4. Does the applicant have any arrests, charges or convictions in any country?
5. Who will sponsor the I-864, and will a joint sponsor or household member be needed?
6. Does the applicant need to travel abroad before the case is decided?
7. Was any petition or labor certification filed for the applicant on or before April 30, 2001?
8. Has the applicant ever made a misrepresentation or a claim to U.S. citizenship?

General information based on USCIS and other government guidance. Eligibility depends on each client’s facts; this is not legal advice.