How Adjustment of Status Works: A Complete Guide

If you're already in the United States and want to become a lawful permanent resident, adjustment of status offers a path to a green card without leaving the country. This process allows eligible foreign nationals to file their applications with U.S. Citizenship and Immigration Services (USCIS) from within U.S. borders, rather than returning to their home country for consular processing.

Adjustment of status applies to family-sponsored applicants, employer-sponsored professionals, refugees, asylees, and special immigrants. Whether you're sponsored by a citizen spouse, an employer, or qualify as a close family member, the core filing process follows a consistent structure.

The following sections walk through eligibility requirements, the forms you need, step-by-step filing instructions, current processing times, government fees, and practical tips to avoid delays.

What is adjustment of status?

Adjustment of status allows eligible foreign nationals in the U.S. to apply for lawful permanent residence without leaving the country. Authorized under Section 245 of the Immigration and Nationality Act (INA), applicants file Form I-485 and must include Form I-693 (medical examination) with their initial filing.

The alternative is consular processing, where applicants interview at a U.S. consulate abroad. Adjustment of status is generally available to those who entered lawfully, though exceptions exist for immediate relatives of U.S. citizens, as well as asylees and refugees who meet specific residence requirements.

One key distinction: immediate relatives of U.S. citizens (spouses, unmarried children under 21, and parents of adult citizens) face no annual visa caps and can file once the underlying petition is approved or concurrently filed. Preference category applicants must wait until a visa number becomes available per the Visa Bulletin, published monthly by the Department of State.

Adjustment of status requirements

Before filing your green card application, you must meet specific eligibility requirements set by U.S. immigration law. These criteria determine whether you can pursue adjustment of status or must use consular processing instead. The following requirements apply to most applicants:

• Physical presence in the U.S.: You must be in the United States when you file and typically remain while your case is pending (unless you obtain a travel document).
• Lawful entry: You must have been inspected and admitted or paroled into the United States. If you entered without inspection (crossed the border illegally) or overstayed your nonimmigrant status, you typically cannot adjust status. An exception exists for close family members of citizens who may qualify under INA Section 245(i) if covered by a qualifying petition filed before a specific cutoff date established by immigration law.
• Visa availability: An immigrant visa must be immediately available in your immigrant category. For close family members, visas are always available. For preference categories such as EB-2 or EB-3, you must wait until your priority date is current according to the monthly bulletin.
• Approved or pending petition: Most applicants need an approved family petition (Form I-130) or work-based petition (Form I-140). Close relatives and certain work-based categories can file concurrently with the underlying petition.
• Admissibility: You cannot be inadmissible under the INA. Grounds include criminal convictions, health issues, immigration violations, and security concerns. Some grounds can be waived through legal processes; others cannot.

Understanding the 90-day rule

USCIS uses a 90-day rule to assess whether applicants misrepresented their intentions when entering the United States. The rule creates a presumption of fraud if you enter on a nonimmigrant visa (such as a B-1/B-2 visitor visa or F-1 student visa) and then take actions inconsistent with that status within 90 days, like filing for adjustment of status or getting married to a U.S. citizen and filing an immigration petition.

This rule exists because nonimmigrant visas require you to demonstrate temporary intent. If you file for permanent residence shortly after arrival, USCIS may conclude you never intended to maintain temporary status and misrepresented your plans at the port of entry.

Important note: If you enter on a visitor or student visa and then file within 90 days of entry, authorities may presume you misrepresented your intent when you entered. If you plan to adjust, consult with an immigration attorney or law firm about proper timing to avoid complications.

Once you confirm eligibility, you can proceed with the filing process.

The adjustment of status process: Step by step

Once you confirm your qualifications, the process involves multiple stages, each with specific forms, actors, and timelines. The following overview walks through each step from petition filing to receiving your green card.

Step 1: File the petition

Your sponsor (a citizen or lawful permanent resident family member) or your employer files the underlying petition. For family cases, this is the Petition for Alien Relative (Form I-130). For work cases, this is the Immigrant Petition for Alien Worker (Form I-140). Employer-sponsored petitions typically require an approved PERM (Program Electronic Review Management) labor certification before filing, unless you qualify for a category that does not require labor certification (such as EB-2 NIW or EB-1).

Step 2: Wait for visa availability

If you're in a preference category, you must wait until your priority date (typically the date the petition was received) becomes current according to the monthly bulletin. For applicants from India and China, wait times can extend for years due to per-country caps.

Step 3: File your application

When your visa is immediately available, you file your application along with supporting documents. Required materials include your birth certificate, passport, passport-style photos, and Form I-693 completed by a designated civil surgeon. Family-sponsored applicants also submit an Affidavit of Support (Form I-864).

Concurrent filing: Close family members of citizens and certain employer-sponsored applicants can file their green card application at the same time as the underlying petition, reducing overall timeline. Many applicants transitioning from H-1B to green card use this approach when priority dates are current. Online filing is now available for certain stand-alone work-based applications.

Steps 4-5: Receipt and biometrics

Immigration services send you a receipt notice (Form I-797C), then schedule a biometrics appointment within three to six weeks to collect fingerprints, photograph, and signature for background checks.

Step 6: Work and travel authorization

If you filed for employment authorization (Form I-765) and travel documents (Form I-131) with your application, these process concurrently. Approval typically takes three to six months. An EAD allows you to work for any employer while your case is pending. A travel document allows you to travel internationally and return without abandoning your application.

Steps 7-8: Interview and decision

You attend an interview at your local USCIS office where the officer reviews your case and confirms your qualifications. If approved, your green card arrives by mail within several weeks.

Knowing each step prepares you for the timeline, but processing times vary based on several factors.

Adjustment of status processing time

Current processing varies based on your category, country of origin, and the field office handling your case.

For close relatives of citizens, the full process from petition filing to green card receipt varies significantly based on your local USCIS field office workload, case complexity, and interview scheduling. Current timelines range from 9 to 42.5 months depending on these factors.

Preference category applicants face longer waits due to annual caps and per-country limits. Spouses of green card holders (F2A) experience median wait times of 35 months or more. Employer-sponsored applicants in the EB-2 and EB-3 categories typically see 12 to 24 months from filing to approval, but this does not include wait time for visa availability.

Check current timelines on the USCIS website. Along with timing, you should plan for the costs involved.

How much does adjustment of status cost?

Filing involves several government fees that vary depending on your age, application type, and whether biometrics are required. Understanding the full cost upfront helps you budget accurately and avoid delays from underpayment.

The following fees apply as of April 2024:

• Form I-485 filing fee: $1,440 for most applicants filing by paper. Employment-based applicants filing online pay a discounted rate of $1,375. All applicants pay the full fee regardless of age, the reduced rate for children under 14 was eliminated April 1, 2024. The fee includes biometrics.
• Family petition fee (Form I-130): $675 for family-sponsored cases.
• Work petition fee (Form I-140): $715 for employer-sponsored cases per the current fee schedule; your employer typically pays this.
• Form I-765 (work authorization): $260 when filed concurrently with Form I-485. Standalone renewal filings cost $520. As of April 1, 2024, this fee is required even when filed with your initial adjustment application.
• Form I-131 (travel document): Separate fee required as of April 1, 2024, even when filed concurrently with Form I-485.
• Medical examination: $200-$500 depending on required vaccinations.

Fee waivers: Low-income applicants may qualify for waivers by submitting Form I-912 with documentation of financial hardship. Work-based applicants typically cannot request waivers. For guidance on legal advice and professional support costs, see our overview of immigration lawyer costs.

Beyond costs, family members included in your case have specific rules to consider.

Adjustment of status for parents and family members

Family-sponsored adjustment covers several relationship categories with distinct rules. Citizens 21 or older can sponsor their parents as close relatives, meaning parents can file concurrently since no visa caps apply.

Spouses and unmarried children under 21 of the principal applicant can file derivative applications. Their cases process alongside the principal applicant, and if approved, derivative applicants receive their green cards at the same time.

Children approaching age 21 face a risk of "aging out" during processing. The Child Status Protection Act (CSPA) provides some relief by subtracting the time the underlying petition was pending from the child's age, potentially preserving status. Students transitioning from temporary status should review our guide on F-1 visa to green card pathways. Special immigrant categories, including Form I-360 self-petitions for VAWA cases, follow different procedures.

With requirements, costs, and family considerations addressed, the next step is ensuring your case avoids common delays.

Tips to avoid processing delays

Small errors or missing documents can add months to your timeline. Following these practices helps your case move efficiently:

1. Submit a complete package: Include all required forms, supporting documents, fees, and photos. Review official instructions carefully before filing.
2. Include a properly completed medical exam: The civil surgeon must sign and seal the form. Current rules require medical documentation with your initial filing.
3. Respond quickly to RFEs: Immigration authorities typically allow 30 to 87 days to respond to Requests for Evidence, depending on the request type. Delayed responses can result in denial.
4. Keep your address updated: Notify authorities within 10 days of any address change via Form AR-11. Missed notices can derail your case.
5. Do not travel without authorization: Leaving the U.S. without a travel document while your case is pending abandons your application.
6. Maintain lawful status while pending: Continue complying with your visa requirements until approved.

With these practices in place, working with the right support partner can help you move through this complex process successfully.

Getting expert support for your case

Adjustment of status requires coordination across multiple U.S. government agencies, including immigration services, the State Department (for visa availability), and the Department of Labor (for employment-based immigration cases requiring PERM). The process involves extensive documentation, strict deadlines, and compliance requirements that vary by category. Mistakes in timing, form preparation, or evidence submission can result in delays, requests for evidence, or denials.

Lighthouse helps foreign nationals and employers navigate this process, whether family-sponsored or employment-based green card pathways, through qualification diagnostics to identify the correct category, document preparation guidance to ensure complete and accurate filings, legal review to strengthen applications, and case management with technology that tracks deadlines and coordinates family applications based on visa availability.

Our approach combines experienced case managers with purpose-built workflows. This means hands-on support throughout your case, expert review to reduce errors, and precise coordination to meet filing windows.

From document prep to final submission, Lighthouse ensures your application meets every requirement.

Start your green card evaluation today.

Frequently asked questions

What is adjustment of status?

Adjustment of status allows you to apply for a green card without leaving the country if you're physically present in the United States. You file an Application to Register Permanent Residence, which differs from consular processing that requires an interview abroad at a U.S. consulate.

How long is adjustment of status taking now?

Close relatives of citizens currently see 9 to 42.5 months from filing to approval, depending on USCIS field office workload and case complexity. Preference categories, such as spouses of green card holders or employer-sponsored applicants, face longer timelines due to visa backlogs, and applicants from India and China may wait years for an immigrant visa number before filing.

Do the family petition and green card application get approved together?

Not automatically. The family petition establishes a relationship while the green card application is the permanent residence request. Immigration authorities adjudicate them separately, though close relatives filing both together often receive decisions close in time.

How much does adjustment of status cost?

The filing fee is $1,440 for most applicants ages 14 and older, plus $675 for family petitions and $200-$500 for medical examination. Fee waivers may be available for qualifying low-income applicants through proper documentation.

How long does it take to get a green card after approval?

Your physical green card typically arrives within two to four weeks after approval at the address on file. Authorities may stamp your passport with temporary evidence of lawful permanent resident status while you wait for your physical card to arrive.

How can I avoid processing delays?

Submit a complete application with all required documents including a properly sealed medical exam, respond to requests for evidence within 87 days, and keep your address updated. Do not travel without proper travel authorization and maintain lawful status if applicable.