How to Apply for Adjustment of Status

Adjustment of status allows eligible individuals already in the United States to become permanent residents without leaving the country. This process can save months of waiting and avoid the complexities of consular processing abroad.

We at Law Offices of Jeffrey A. Thompson have guided hundreds of clients through this immigration pathway. The application requires careful preparation and attention to detail to avoid costly delays or denials.

Who Can Apply for Adjustment of Status

Not everyone can apply for adjustment of status, and the rules are stricter than most people realize. The most important requirement is that you must have been inspected and admitted or paroled into the United States. This means you entered legally with proper documentation and inspection by immigration officers. People who crossed the border without inspection cannot use this process unless they qualify for specific exceptions under Section 245(i), which requires payment of a $1,000 penalty fee and a petition filed before April 30, 2001.

Family-Based Eligibility Categories

Immediate relatives of U.S. citizens have the strongest position for adjustment of status. This includes spouses, unmarried children under 21, and parents of U.S. citizens who are at least 21 years old. These applicants always have visa numbers available, which makes their applications straightforward. Other family preference categories face longer wait times. Married children of U.S. citizens currently wait approximately 8-12 years (depending on their country of birth), while siblings of U.S. citizens face waits that exceed 20 years. The Department of State publishes monthly visa bulletins that show current priority dates, and your petition must be current before you file Form I-485.

Employment and Special Categories

Employment-based applicants must have approved I-140 petitions and current priority dates. EB-1 applications for extraordinary ability workers typically move fastest, while EB-3 skilled workers from countries like India and China face multi-year backlogs. Special immigrant categories include religious workers, certain international organization employees, and special immigrant juveniles. Diversity visa lottery winners must act quickly since their fiscal year deadline cannot be extended. Asylum seekers can apply for adjustment one year after they receive asylum status, while refugees can apply after one year of physical presence in the United States.

Documentation Requirements

Form I-485 requires extensive documentation that includes birth certificates, marriage certificates if applicable, and Form I-693 medical examination completed by USCIS-approved civil surgeons. You must provide certified translations for any foreign-language documents. The medical examination must include required vaccinations and cannot be more than 60 days old when you submit your application. USCIS also requires two passport-style photographs and copies of all pages of your passport.

Common Disqualifiers

Criminal history creates the biggest obstacles for applicants. Any conviction, even if expunged or pardoned, must be disclosed with certified court records. Immigration violations like overstays or unauthorized work can disqualify applicants unless they qualify for forgiveness provisions. The 245(k) provision allows some employment-based applicants to adjust status despite up to 180 days of unlawful presence, but this protection has strict limitations and does not apply to family-based cases.

Public charge concerns also affect eligibility, particularly for applicants who have used certain government benefits.

Once you understand your eligibility category and potential obstacles, the next step involves the actual application process and required forms.

Step-by-Step Application Process

Form I-485 demands precise attention to detail and proper document sequencing. USCIS processes thousands of adjustment of status applications annually, with rejection rates varying based on completeness and accuracy of filings. Download the most current version of Form I-485 from the USCIS website, as outdated forms face automatic rejection.

The application fee is $1,225 for most applicants, plus an $85 biometrics fee (immediate relatives of U.S. citizens pay $1,760 total). Submit your medical examination on Form I-693 in a sealed envelope from a USCIS-approved civil surgeon. Include certified translations for all foreign documents, two passport photos, and copies of every passport page. File your complete package at the correct USCIS lockbox facility based on your location and category.

Document Preparation and Organization

Organize your documents in the exact order USCIS specifies in their filing instructions. Place Form I-485 first, followed by supporting evidence arranged by category. Create a cover letter that lists each document you include – this helps USCIS officers process your case efficiently and reduces the chance of missing items.

Check every document for accuracy before submission. Incorrect names, dates, or addresses cause delays and additional requests for evidence. Make copies of everything you submit, as USCIS does not return original documents.

Biometrics Appointment Requirements

USCIS schedules your biometrics appointment within 4-8 weeks after they receive your application. The appointment typically occurs at an Application Support Center near your address. Missing this appointment without advance rescheduling causes automatic denial of your application.

The appointment takes 30-45 minutes for fingerprints, photographs, and signature collection. Arrive 15 minutes early with your appointment notice and valid photo identification. USCIS uses this biometric data for background checks and to produce your Green Card if approved.

Interview Preparation and Process

Interview requirements vary significantly by category. Family-based applicants face interviews in 80% of cases, while employment-based applicants see interviews in only 25% of cases. USCIS officers focus heavily on marriage authenticity for spouse cases, asking detailed questions about daily routines, finances, and relationship history.

Prepare original documents that match your submitted copies. Practice answering common adjustment of status interview questions with specific examples and dates. Bring your attorney if you have legal representation – they can object to inappropriate questions and help clarify complex issues.

Processing Timeline and Status Updates

Current processing times range from 8 months for employment-based cases to 33 months for family-based applications, with significant variations by field office. The Nebraska Service Center processes cases fastest at 12.5 months average, while the National Benefits Center averages 24 months according to USCIS data from October 2023.

Track your case status online with your receipt number. Respond immediately to any Requests for Evidence, which typically allow 87 days for response. Premium processing is not available for adjustment of status cases, unlike other immigration applications. After approval, you receive your Green Card within 30 days by mail.

Even with careful preparation, many applicants encounter unexpected obstacles that can derail their cases without proper guidance.

What Obstacles Can Derail Your Adjustment Application

Immigration violations create the most serious barriers to adjustment of status approval, yet many applicants underestimate their impact. Overstays of even one day can trigger inadmissibility under the three and ten-year bars, which apply to anyone who accumulated unlawful presence of 180 days or more. USCIS data shows that 23% of adjustment applications receive Requests for Evidence specifically related to immigration violations.

Work without authorization, even briefly, creates permanent inadmissibility that requires I-601 waivers. Document these violations completely with certified court records and immigration history. Attempts to hide violations guarantee denial and can result in removal proceedings.

Marriage Fraud Investigations and Complex Family Cases

USCIS conducts marriage fraud investigations in approximately 15% of spouse-based adjustment cases, with higher scrutiny for marriages that occurred after immigration violations or within 90 days of entry. Officers examine joint bank accounts from the past two years, shared lease agreements, and communication records between spouses.

Blended families face additional challenges when stepchildren age out of eligibility or when previous divorces create documentation gaps. Same-sex marriages require extra attention to state recognition dates, particularly for couples married before the 2015 Obergefell decision. Submit comprehensive evidence packages that include utility bills, insurance policies, tax returns, and photographs that span the entire relationship timeline.

Work Authorization Strategy During Processing

Form I-765 filed with your adjustment application provides work authorization within 150 days, but strategic timing prevents employment gaps. Current processing times average 4.8 months for initial work permits, with renewal applications taking 3.2 months according to USCIS processing data. Apply for renewal 120 days before expiration to maintain continuous authorization.

H-1B holders should not rely solely on adjustment-based work authorization since denials eliminate their underlying status. Maintain your current work authorization until you receive your Green Card – this dual protection strategy prevents employment interruptions that affect 18% of adjustment applicants who rely exclusively on pending applications for work eligibility.

Final Thoughts

Adjustment of status applications demand precise preparation and complete documentation. Missing forms, incorrect fees, or incomplete evidence packages cause 31% of applications to receive requests for additional evidence, which extends processing times by months. The most important factor is to establish clear eligibility before you file – attempts to adjust status without proper legal entry or current priority dates waste time and money.

Professional legal guidance becomes essential when criminal history, immigration violations, or complex family situations complicate your case. We at Law Offices of Jeffrey A. Thompson help clients overcome obstacles that would otherwise derail their applications. Our immigration law experience allows us to identify potential issues early and develop strategies that maximize approval chances.

After you receive your Green Card, maintain your permanent resident status by avoiding extended trips abroad and filing tax returns as a resident. You become eligible for naturalization after five years of permanent residence (or three years if married to a U.S. citizen). Keep your Green Card current by renewing it before the ten-year expiration date to maintain your legal status and employment authorization.