What Is Adjustment Of Status - 2021 Step-by-step Guide - Curbelo Law

If you are already in the U.S. and meet the requirements, adjustment of status allows you to apply for lawful permanent residence (Green Card) without leaving the country.

Unlike consular processing, this procedure is handled by USCIS within the U.S., avoiding separations and travel.

Intent note: the former “90-day rule” is a Department of State guideline (not USCIS). Even so, a drastic change of intent (for example, entering as a tourist and applying for residency immediately) can result in findings of misrepresentation. Ensure your timeline and evidence are consistent.

In the following sections you will learn who qualifies and who does not, the updated steps, the key documentation, costs, USCIS processing times, and what to do in case of a denial. This practical guide walks you through every detail to obtain your Green Card through adjustment of status.

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Table of Contents

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• Who qualifies and who does not for adjustment of status in the United States?
• How to complete an adjustment of status step by step
• Documents to apply for adjustment of status in the United States
• Other important requirements to adjust status
• Where do I file my adjustment of status application in the United States?
• How long does the adjustment of status process take in the U.S.?
• What happens after USCIS approves adjustment of status in the United States?
• What if USCIS denies my adjustment of status application?
• Types of immigration pathways to request adjustment of status in the United States
• How much does adjustment of status cost in 2026?
• How to check my immigration status with USCIS
• Can I travel or work while my adjustment of status application is pending?
• Pros and cons of adjusting status in the United States
• Experienced Attorneys to Obtain Adjustment of Status

Who qualifies and who does not for adjustment of status in the United States?

To adjust status in the U.S., you must meet certain basic eligibility requirements while also avoiding the most common grounds of inadmissibility that can lead to a denial. Below we clearly outline both:

Basic requirements (who qualifies)

• Entered the U.S. lawfully (with a valid visa or entry/parole document).
• Are physically present in the country when filing Form I-485.
• Have an immigrant visa available to obtain the Green Card in the appropriate category (family, employment, humanitarian, etc.).
• Are admissible under immigration law (no serious crimes or other inadmissibility grounds).

Common grounds of ineligibility (who does not qualify)

• Entering with a D visa (crew member) or C visa (transit without visa).
• Entry under the Visa Waiver Program (ESTA), except for immediate relatives of U.S. citizens.
• Holding a J-1 visa subject to the 2-year home residency rule without obtaining a waiver.
• Marrying someone other than the U.S. citizen petitioner who filed the K-1 fiancé(e) visa.
• Getting married while in removal proceedings, except in very limited cases.
• Committing immigration fraud or submitting false documents.

Key note: working without authorization or falling out of status can block adjustment in many categories. However, immediate relatives of U.S. citizens are typically exempt from these bars.

Short example: a student with an F-1 student visa who entered lawfully and marries a U.S. citizen can adjust status in the U.S. if a visa is available and they are admissible.

How to complete an adjustment of status step by step

Adjustment of status United States is an administrative process that can seem complex, but it becomes much easier with proper organization. These are the first updated steps:

1. Verify you are eligible for a Green Card

Before you start, confirm you meet the criteria to apply for lawful permanent residence under one of the USCIS-recognized categories:

• Family (spouse, parent, child, or sibling of a citizen or resident).
• Employment (employer sponsorship or extraordinary ability).
• Humanitarian (asylees, refugees, victims of violence or human trafficking).
• Diversity Visa Lottery (if selected in the annual draw).

Example: A person granted asylum may adjust status one year after receiving protection.

2. File an immigrant petition

In most cases, another party must sponsor you (a relative or employer). Depending on your situation, the most common forms are:

• Form I-130: For relatives of U.S. citizens or lawful permanent residents.
• Form I-140: For foreign workers.
• Form I-730: For relatives of refugees or asylees.
• Form I-360: For widows/widowers, Amerasians, or special immigrants.
• Form I-526: For investors in the EB-5 program.

In some cases you can self-petition. For example, professionals with extraordinary ability who qualify under an EB-1 visa or VAWA applicants who file on their own.

3. Check visa availability

Not all categories have visas immediately available. Applicants must review the Visa Bulletin from the Department of State, updated monthly. Keep in mind:

• Immediate relatives of U.S. citizens (spouse, unmarried children under 21, and parents) do not have to wait: their visa is available automatically.
• Other family and employment categories are subject to annual quotas and the applicant’s country of chargeability.

4. File Form I-485

This is the most important step: you must file with USCIS the Form I-485, Application to Register Permanent Residence or Adjust Status. Consider that:

• If you already have an approved petition (such as I-130 or I-140), include it.
• Some categories allow filing the I-485 concurrently with the petition (concurrent filing).
• You must include Supplement A in specific cases (typically where certain admission restrictions apply).

Practical example: A U.S. citizen spouse can file the I-130 and I-485 together, speeding up the process.

5. Biometrics appointment at the ASC

After filing the I-485, USCIS will send a notice (Form I-797C) to attend an Application Support Center (ASC). There you will:

• Provide fingerprints.
• Have your photo taken.
• Sign electronically.

This data is used to:

• Verify your identity.
• Run background checks.
• Confirm the information in your application is accurate.

Important: If you miss this appointment and do not properly justify it, USCIS may automatically deny your application.

6. USCIS interview (if applicable)

USCIS may schedule an in-person interview. Not every case requires one, but it is common when:

• The case is based on marriage (to verify the relationship is bona fide).
• There are inconsistencies in the documents.
• The officer needs to clarify information before approving.

In well-documented files, USCIS may even approve an adjustment of status without an interview, although that is uncommon.

During the interview, bring original documents (passport, I-94, marriage or divorce certificates, etc.) and answer questions under oath.

If your case is marriage-based, review our marriage-based Green Card interview questions with the topics USCIS often covers.

Real-life example: In marriage interviews, USCIS often asks personal details such as where the couple met, who cooks at home, or how the wedding was celebrated.

7. Respond to a Request for Evidence (RFE)

In many cases, USCIS may issue a Request for Evidence (RFE) when:

• The information submitted is incomplete.
• Documents are expired or invalid.
• The officer needs stronger proof to confirm eligibility.

The RFE notice always specifies:

• What evidence is missing.
• Where to send it.
• The deadline to respond.

If you fail to respond within the deadline, USCIS can automatically deny your case.

Practical example: A marriage-based applicant who did not provide sufficient proof of a shared life may receive an RFE requesting joint bank statements, family photos, a lease agreement, or shared utility bills.

8. Track case status and wait for the final decision

While USCIS reviews your file, you can track your case online using your receipt number (13 characters beginning with three letters, such as MSC or LIN).

There are two possible outcomes:

1. Approval: You will receive a written notice and, shortly after, your Green Card.
2. Denial: USCIS will send a letter explaining the reasons. In most cases you cannot appeal your immigration decision, but you may be able to file a motion to reopen or reconsider if there were errors or new evidence.

2026 note: If the denial was due to an expired/incorrect I-693, submitting a valid I-693 may allow a motion to reopen without restarting the entire case.

Documents to apply for adjustment of status in the United States

A strong adjustment case depends on submitting the right documentation. Among the most common documents USCIS requires are:

• Form I-485: Application to adjust status.
• Form I-864: Affidavit of Support (required in most family-based and some employment-based cases).
• Proof of identity and lawful entry: Passport, visa, and Form I-94 (arrival/departure record).
• Birth certificate with a certified English translation if not originally in English.
• Current marriage certificate and proof of termination of prior marriages (divorce decrees or death certificates).
• Medical exam (I-693): Must be completed by a USCIS-designated civil surgeon. Validity follows current policy (it is accepted while the I-485 is pending if properly signed). Include vaccination record.

Additional documents (depending on category)

• Evidence of family relationship: Photos, joint bank accounts, insurance policies, shared bills.
• Employment documentation or PERM labor certification: For employment-based adjustment.
• Proof of continuous residence or lawful status: Bills, leases, account statements, or travel records.

Important:

• Missing documents can trigger an RFE and delay the case.
• If you do not respond to the RFE or documents remain incomplete, USCIS may deny the application.
• Always review the official USCIS instructions for your category, as requirements can change over time.

Other important requirements to adjust status

Beyond documentation, there are category-specific conditions:

• Marriage-based adjustment: You must prove the marriage is bona fide and not solely for immigration benefits. USCIS typically requests joint evidence and, if the marriage is recent, the Green Card is issued conditionally for 2 years.
• Employment-based adjustment: Most cases require an employer sponsor, an approved PERM certification, and proof that you meet the job or academic requirements. Some categories (like EB-1 extraordinary ability or EB-2 NIW) allow self-petitioning without an employer.
• Asylum or refugee adjustment: Only possible after 1 year of continuous physical presence in the U.S. as a granted asylee or admitted refugee.
• U or T visa adjustment: You must have maintained that status for at least 3 years and remain eligible at the time of filing for residence.
• Diversity Visa (DV) adjustment: You must prove you won the official lottery and meet the education or qualifying work experience requirements.

Note: USCIS has toughened review criteria for marriage-based adjustment cases. It is increasingly common to face follow-up interviews or additional RFEs to confirm good-faith relationships.

Where do I file my adjustment of status application in the United States?

The filing location for Form I-485 depends on the immigration category and the basis for your application:

• Family category (I-130): Generally filed at a USCIS Lockbox within the U.S., with the address varying by the applicant’s state of residence.
• Employment category (I-140): The address depends on whether you file together with the I-140 (concurrent filing) or after approval. Always follow USCIS’s official guidance.
• Asylum or refugee: A refugee or asylee may file the I-485 after one year in status. The address depends on the applicant’s location.
• U or T visa: After completing 3 years of presence in the U.S. with valid status, adjustment is filed with the I-485 and must be sent to the USCIS service centers designated for these cases.

Important:

• Filing addresses change frequently. Always review the USCIS page for “Direct Filing Addresses for Form I-485” before mailing your application.
• If the applicant does not have an A-Number (Alien Number), USCIS will assign one upon accepting the application and will notify it on Form I-797C (Notice of Action).

In some cases, if you file at a secure lockbox, you may not receive your A-Number immediately. USCIS typically sends it in a second notice within the following days.

How long does the adjustment of status process take in the U.S.?

USCIS timelines depend on the applicant’s category and the office handling the case. There is no single timeframe and it can vary considerably.

• Immediate relatives of U.S. citizens generally wait less than other categories.
• Employment-, asylum-, or U/T-based cases can take significantly longer.

To get a realistic estimate, use the official USCIS Check Case Processing Times tool and enter your form and local office.

Current trend (2026): some field offices show slightly shorter times for family applications, but there is no uniform reduction nationwide.

What happens after USCIS approves adjustment of status in the United States?

If your application is approved, USCIS will send a written approval notice and then your Green Card.

• The I-485 approval date marks the official start of your lawful permanent residence (LPR).
• That date is key to calculate when you can apply for citizenship:
  • 5 years in most cases.
  • 3 years if residency is marriage-based and the couple remains married and living together.
• From that moment you may live, work, and travel legally in the U.S. without additional permits.

In some cases, the card may arrive within 30–60 days after approval, but USCIS recommends using your online account to track delivery.

What if USCIS denies my adjustment of status application?

A Form I-485 denial can have immediate consequences:

• You begin to accrue unlawful presence if you do not maintain another valid status.
• Your Employment Authorization (EAD) and Advance Parole linked to the application are invalidated.
• The case may be referred to Immigration Court, initiating removal proceedings.

Most common reasons for denial

• Incomplete forms or incorrect fee payments.
• Inadmissibility due to unlawful entry without relief, criminal issues, or other violations.
• Insufficient evidence, for example in marriage cases without proof of a shared life.
• Suspected fraud, especially in marriage-based filings.

Options after a denial

• There is no direct appeal of the I-485.
• You may file Form I-290B to:
  • Seek a motion to reopen when there is new evidence.
  • Seek a motion to reconsider when USCIS misapplied law or policy.
• In some cases, it may be better to re-file the I-485 with stronger evidence.
• If the case goes to court, adjustment can be renewed before an immigration judge.

Given the complexity, it is crucial to have an experienced immigration attorney analyze the alternatives and set the right strategy.

Types of immigration pathways to request adjustment of status in the United States

Adjustment of status can be requested under different categories, as long as the applicant meets eligibility requirements. The most common include:

Adjustment of status with a tourist visa

• It is possible if the person entered legally with a B-2 visa and has a valid basis for residence (such as marriage to a U.S. citizen).
• Adjustment of status from a tourist visa is under stricter USCIS scrutiny to prevent fraud based on a “change of immigration intent.”
• The former USCIS 90-day rule is no longer in effect, but suspicions can arise if it appears the applicant entered with the intent to remain.

In practice many refer to it as a status change from tourist visa to lawful permanent resident. While possible, you must clearly demonstrate eligibility.

Adjustment of status based on asylum or refugee status

Those who were granted asylum or admitted as refugees can request adjustment of status after 1 year of continuous physical presence in the U.S.

Key points for USCIS: you must maintain eligibility, not have departed the U.S. for long periods, and have no inadmissibility grounds.

Short example: an applicant granted asylum in 2024 can file I-485 in 2025–2026 to obtain a Green Card.

Adjustment of status through a family petition

This is the most common path to U.S. permanent residence.

Who can sponsor whom:

• U.S. citizen: spouse, parents, children (unmarried or married), and siblings.
• Lawful permanent resident (LPR): spouse and unmarried children.

Visa availability:

• Immediate relatives of U.S. citizens (spouse, parents, and unmarried children under 21) have a visa always available.
• All other categories depend on annual caps and country of chargeability per the monthly Visa Bulletin.

Short example: a U.S. citizen child petitions for their parents; a U.S. citizen spouse petitions for their partner and both adjust within the U.S.

Adjustment of status with a U or T visa

• For victims of serious crimes (U visa) or human trafficking (T visa).
• Allows applying for permanent residence after 3 years of valid status.
• You must prove you have not left the U.S. for long periods and that you continue to meet U or T visa requirements.
• This humanitarian benefit converts a temporary status into lawful permanent residence.

Marriage-based adjustment of status in the U.S.

Marriage-based adjustment is one of the most used pathways to obtain lawful permanent residence, and one of the most closely reviewed by USCIS due to potential fraud.

Main requirements

• Lawful entry into the U.S. with a valid visa or parole.
• Be married to a U.S. citizen or a lawful permanent resident.
  • With a U.S. citizen, the foreign spouse is an immediate relative and may adjust even after falling out of status or after unauthorized work.
  • With a lawful permanent resident, it is essential to maintain a valid status until filing.
• Submit proof of a bona fide marriage, such as:
  • Marriage certificate.
  • Photographs and evidence of cohabitation.
  • Shared assets (bank accounts, lease agreements, insurance).
  • Communications or joint bills.

Marriage interview

USCIS conducts an interview to confirm the legitimacy of the marriage. Generally there are two possible scenarios:

• If there are doubts about the relationship, the couple may be called for a second marriage interview, commonly known as a Stokes Interview, where each spouse is questioned separately.
• If the officer determines there was marriage fraud, the application will be denied and the foreign spouse may be placed in removal proceedings.

Processing time

Times vary by USCIS local office. Check the official Check Case Processing Times tool for your specific case.

How much does adjustment of status cost in 2026?

The cost of adjustment of status depends on the category and on how you file. Since USCIS’s 2024 fee rule:

• Form I-485 (Adjustment of Status): $1,440 (biometrics included).
• Form I-130 (family petition): $535.
• Form I-140 (employment petition): $700.
• Others (I-360, I-526) have different costs.

Attorney’s fees: Commonly range between $2,000 and $6,000, depending on case complexity.

Important: Since April 1, 2024, EAD (I-765) and Advance Parole (I-131) are no longer included in the I-485 fee.

Altogether, the process can easily exceed $3,500–$6,000 when adding filing fees and legal representation. Investing in professional guidance is advisable, as an error in adjustment can become far more expensive later.

For a full picture, also review how to obtain US citizenship, which is often the step after obtaining a Green Card.

How to check my immigration status with USCIS

While your adjustment application is pending, it is essential to monitor your case to avoid delays or missed notices. USCIS offers several options:

• Online (Case Status Online): Go to the official USCIS portal and enter your 13-character receipt number (MSC, LIN, IOE). This is the fastest way to see basic updates.
• myUSCIS account: By creating a personal account you can receive automatic alerts, view all official notices, upload documents (if allowed), and communicate securely with USCIS.
• Postal mail: USCIS sends all official notices to your address on file. Keep it updated using Form AR-11.
• USCIS Contact Center: You may call 1-800-375-5283 for information, although wait times are often long.

In any method, you will need your receipt number, your A-Number (when you have it), your full name, and your date of birth.

Keeping close track of your case is crucial so you can respond promptly if USCIS issues an RFE or detects any inconsistency.

Can I travel or work while my adjustment of status application is pending?

One of the most delicate aspects is what you can do while waiting for USCIS’s decision.

Travel abroad

• You may travel only if you have Advance Parole, requested via Form I-131, often filed together with the I-485.
• If you depart the U.S. without this permit, USCIS will consider your adjustment abandoned (with limited exceptions for certain valid visa holders).
• Even with Advance Parole, re-entry is not 100% guaranteed, as CBP makes the final decision at the port of entry.

Working in the U.S.

• You cannot work legally while your case is pending unless you obtain an Employment Authorization Document (EAD).
• The EAD is requested with Form I-765, which is also commonly filed with the I-485. Here’s how to obtain employment authorization in the United States.
• Once approved, you will receive a card allowing you to work for any U.S. employer while you wait for your Green Card.

In short, while the I-485 is pending, you may remain in the U.S., but you will only be able to travel or work legally with the additional permits (Advance Parole and/or EAD).

Pros and cons of adjusting status in the United States

Adjustment of status is one of the most common ways for immigrants to obtain permanent residence without leaving the country. Like any process, it has advantages and disadvantages:

Main advantages

• Allows you to remain in the U.S. while your application is processed, avoiding travel and family separation.
• Gives you the option to request an EAD and Advance Parole during the wait.
• Enables concurrent filing (I-130 + I-485 + I-765 + I-131), which can streamline some steps.
• Reduces consular interview risks and is safer for those already lawfully residing in the U.S.

Common disadvantages

• Wait times are often longer than in consular processing, especially in high-demand categories.
• Filing fees and legal fees can be higher.
• If the application is denied, you may fall into an irregular situation and face removal proceedings.
• There are strict travel limitations: leaving without Advance Parole means abandonment of the application.

In conclusion, adjustment of status is convenient for those who want to avoid leaving the U.S., but it is not always the fastest or least expensive option.

Experienced Attorneys to Obtain Adjustment of Status

At Curbelo Law, we know how important it is for you and your family to obtain lawful permanent residence.

Our attorney, Carolina T. Curbelo, has over 10 years of experience helping immigrants with adjustment of status and other complex immigration matters.

From document preparation to interview representation, we work by your side to ensure every detail is handled properly.

You can contact our Ridgewood, New Jersey office by phone, email, or by scheduling a private appointment. Your peace of mind is our priority.

Let us know about your caseWe can help you