Adjustment Of Status, I-485

Information on the requirements and processing for Lawful Permanent Residence through Adjustment of Status (AOS).

What Is Adjustment Of Status?

  • If an individual is physically residing in the U.S. under lawful immigration status, they may complete the green card process from within the U.S. by filing an I-485 application for Adjustment of Status (AOS).

  • Previously, individuals who sought to obtain U.S. permanent residence were required to leave the country, obtain an immigrant visa, and seek reentry to the U.S. as immigrants (i.e. Immigrant Visa Processing).

  • In 1935, the legacy INS took steps to improve this process and began to pre-exam green card applicants in the U.S. prior to the issuance of an immigrant visa at a U.S. consulate in Canada.

  • In 1952, Congress enacted INA § 245, which permitted individuals to complete the green card process from within the U.S. and avoid applying for an immigrant visa at a U.S. consulate.

  • Although AOS was originally envisioned as a rare exception to the general practice of requiring an immigrant visa through a U.S. consulate, more individuals now gain permanent residence through Adjustment Of Status than through Immigrant Visa Processing. AFM § 23.5 (a).

What Are The Adjustment Of Status Requirements?

  • To qualify for Adjustment of Status, an individual must meet the following:

    • Have been inspected and admitted to the U.S. under lawful non-immigrant status (e.g. TN, O-1, H-1B, E-1 visa status).

    • Be eligible to receive an immigrant visa due to a family-based I-130 petition (e.g. based on marriage to a U.S. citizen), due to the filing of an employment-based I-140 petition, or based on the diversity visa process.

    • Not be inadmissible to the United States under INA § 212 (a) (e.g. due to criminal records or immigration violations) or has received a waiver.

    • Have an immigrant visa immediately available at the time of filing of the application.

      • Individuals married to U.S. citizens are classified as "immediate relatives," and will always meet this requirement because such applications are not subject to annual quotas.

      • Other individuals may have their case subject to the immigrant visa backlog, and may not be able to continue past the approval of an I-130 / I-140 petition to an AOS filing until their case is “current”.

What Are The Adjustment Of Status Restrictions?

  • The law restricts or makes ineligible some individuals from applying for AOS due to the manner in which they entered the U.S., or based on their actions after entering the U.S.

  • The following provides a list of some of the AOS grounds of inadmissibility.

    • Individuals who were not lawfully admitted or paroled to the U.S. following inspection by an immigration officer.

    • Individuals who were employed in the U.S. without authorization prior to filing their AOS application.*

    • Individuals who were not in lawful immigration status on the date of filing their AOS application.*

    • Individuals who failed to maintain continuously lawful immigration status since entry into the United States.*

    • Individuals who were ever employed in the U.S. without authorization or who violated the terms of their nonimmigrant visas.*

    • Individuals subject to the J-1 visa 2-year home residence requirement unless they have obtained a waiver.

    • Individuals seeking green cards based on family sponsorship who do not have an approved I-130 petition. (The I-130 petition can be concurrently filed with AOS applications in some cases.)

    • Individuals seeking a green card based on a marriage that occurred while they were in removal proceedings unless certain exemptions apply.

  • Individuals applying for green cards based on marriage to a U.S. are exempt from many of these restrictions. Exemptions are marked above with an asterisk (*).

  • Some employment-based green card applicants may be eligible for exemptions to these bars as well.

What Are Basic Documents Required?

  • The following is a list of the basic documents needed to file am I-485 AOS application (additional items may be required depending on the case - consult form instructions):

    • I-130 / I-140 petition (if filing concurrently) or proof of approval

    • I-864, Affidavit of Support (for family-based applications)

    • Proof of lawful entry to the U.S., and visa status: I-94, I-797, pay stubs, etc.

    • Birth certificate (long form)

    • Copy of complete passport

    • Criminal records

    • Passport-style photos of the applicant

    • I-693, Report of Medical Examination and Vaccination Record

What Are Potential Issues For Non-Dual Intent Visa Holders?

  • Individuals working in the U.S. under certain visas, e.g. TN visas, O-1 visas, or generally any visas besides H-1B or L-1, must be mindful about potential issues relating to intent, travel, work authorization, or visa status while applying for AOS.

  • Read more about possible intent, travel, work, status issues during the AOS application process.

How Does USCIS Review AOS Applications?

  • Under the INA, the approval of an AOS application is not only dependent on meeting the statutory requirements for AOS, but the applicant must also demonstrate that his/her application merits a favorable exercise of the government’s discretion.

  • In exercising discretion, the adjudicator will take into account all known positive (favorable) factors and negative (unfavorable) factors.

  • Positive factors may include the unification of the family; meeting the needs of American businesses; or humanitarian factors. See USCIS Policy Manual, Vol. 7, Ch. 10.

More Information:

Revised June 9, 2023.