US Green Card via adjustment of status (I-485)

Who it is for

Adjustment of status is for people who are already in the United States and have a basis to become a permanent resident. It lets them apply from within the country rather than through consular processing at a US embassy abroad.

• Immediate relatives of a US citizen (spouse, unmarried child under 21, or parent of a citizen aged 21 or over) — no annual cap applies
• Family-preference relatives of citizens and permanent residents, subject to annual limits and the Visa Bulletin
• Fiancé(e)s admitted on a K-1 visa who have married the petitioning citizen
• Workers with an approved or concurrently filed employment-based petition
• Asylees and refugees who meet the required period of physical presence
• Diversity visa lottery selectees and certain other special categories

Eligibility

Eligibility depends on the specific green card category, but several general conditions commonly apply. Applicants should confirm the rules for their exact basis, as the requirements vary widely.

• An immigrant petition (such as Form I-130 or I-140) is approved, or is being filed together with Form I-485 where concurrent filing is allowed
• For capped categories, an immigrant visa number is available under the current Visa Bulletin
• The applicant was inspected and admitted or paroled into the United States
• The applicant is physically present in the US at the time of filing
• The applicant is admissible, or qualifies for a waiver of any ground of inadmissibility

How to apply

The core step is filing Form I-485 with USCIS, supported by evidence of the underlying basis and admissibility. USCIS will typically collect biometrics, may schedule an interview, and issues a decision by mail.

• Confirm the underlying category and, where relevant, that a visa number is current on the Visa Bulletin
• File Form I-485 with the base fee (currently $1,440) and the required supporting documents
• Optionally file Form I-765 (work permit) and Form I-131 (travel document) at the same time or while the case is pending
• Attend a biometrics appointment when notified
• Attend an interview if USCIS schedules one, and respond to any requests for further evidence
• Receive the decision; if approved, the green card is mailed

Working and travelling while the case is pending

Filing Form I-485 does not by itself grant permission to work or to leave and re-enter the country. Applicants who want those interim benefits generally apply for them separately.

• A work permit comes from Form I-765 (Application for Employment Authorization)
• Advance parole for travel comes from Form I-131 (Application for Travel Documents)
• When filed together and approved, these can be issued as a combined EAD and Advance Parole card
• Leaving the US while the I-485 is pending without an approved advance parole document can cause USCIS to treat the application as abandoned

Adjustment vs consular processing

People eligible for a green card broadly follow one of two paths. Adjustment of status is completed inside the United States through USCIS. Consular processing is completed abroad, where an immigrant visa is issued at a US embassy or consulate before travel. The right path depends on where the person is and whether they meet the conditions for adjusting in-country.