Adjustment of Status to Permanent Residence
Adjustment of status is the process of applying for a green card from inside the United States; eligibility varies by immigration category and history.
What is adjustment of status?
A qualifying noncitizen may apply for lawful permanent residence by filing Form I-485 with USCIS or, in certain cases, before an immigration judge. The petition underlying eligibility may be family-based, employment-based, SIJ, asylum/refugee-related, or another qualifying category.
Common requirements
Many applicants need an immigrant visa immediately available, an appropriate petition or other basis, admissibility (or an applicable waiver), and a favorable exercise of discretion. INA § 245(a) generally requires inspection and admission or parole, but categories such as SIJ, VAWA, and INA § 245(i) can involve different rules.
Family and employment adjustment
Immediate relatives of U.S. citizens can have different visa-availability and status-violation rules from family preference or employment applicants. Priority dates, Visa Bulletin charts, unauthorized employment, travel history, and maintenance of status can determine timing and strategy.
SIJ, asylum, refugees, and other humanitarian pathways
SIJ adjustment has special statutory treatment of entry; asylees generally may adjust after one year of physical presence following an asylum grant, while refugee adjustment has separate requirements under INA § 209. U and T classifications have their own adjustment frameworks.
Evidence, inadmissibility, and interviews
Typical issues include identity and entry records, civil documents, medical examination, prior criminal charges, fraud allegations, public charge where applicable, and waiver eligibility. Filing Form I-485 does not itself provide lawful status or protection from removal.