Many people become permanent residents without leaving the United States, through a process called Adjustment of statusThe process of applying for a green card from within the United States, rather than through a consulate abroad. Filed on Form I-485.See it in the glossary. It is not available to everyone. Eligibility depends on how the person entered, whether they kept lawful status, which category they are applying in, and whether a visa number is available.
The basic requirements
Under section 245(a) of the Immigration and Nationality Act, an applicant generally must:
- have been inspected and admitted or paroled into the United States;
- be eligible for an Immigrant visaA visa issued at a consulate to a person intending to live permanently in the United States. On admission the holder becomes a permanent resident.See it in the glossary and admissible; and
- have an immigrant visa immediately available when the application is filed.
Who is barred, and the exceptions
Section 245(c) bars many applicants who worked without authorization, failed to maintain status, or entered as crew members or transit travelers. Two important exceptions:
- Immediate relativeSpouses, unmarried children under 21, and parents of U.S. citizens. These categories are not subject to annual numerical limits.See it in the glossary of U.S. citizens, meaning spouses, unmarried children under 21 and parents of adult citizens, are not barred by past unauthorized work or status violations, as long as they were inspected and admitted or paroled.
- Certain employment-based applicants can be forgiven up to 180 days of status violations or unauthorized work since their last lawful admission under section 245(k).
A separate provision, section 245(i), allows some people who entered without inspection to adjust if they are the BeneficiaryThe person on whose behalf a petition is filed, such as the relative or worker who would receive the immigration benefit.See it in the glossary of a petition or Labor certification (PERM)The Department of Labor process in which an employer shows that no qualified U.S. worker is available for a position, required for most EB-2 and EB-3 petitions.See it in the glossary filed by April 30, 2001 and meet other conditions. It does not apply to new cases.
Visa availability decides timing
Immediate relatives can file right away. Preference categories, such as F2A or EB-2, can file only when their Priority dateThe date a petition was filed, or a labor certification was submitted, used to determine an applicant's place in line for a visa category with limited annual numbers.See it in the glossary is current under the chart USCIS designates each month, according to the USCIS filing charts page. Our queue explainer describes the system.
What the filing includes
- Form I-485Application to Register Permanent Residence or Adjust Status, the form used to apply for a green card from inside the United States.See it in the glossary, which costs $1,440 under the current schedule. The new edition was required from September 18, 2026 with no grace period, as we reported.
- The underlying petition, such as Form I-130Petition for Alien Relative, filed by a U.S. citizen or permanent resident to establish a qualifying family relationship with an intending immigrant.See it in the glossary or I-140, filed first or concurrently where allowed.
- A medical examination by a USCIS-designated civil surgeon.
- An affidavit of support for most family cases.
- Optional work and travel applications, Forms I-765 and I-131.
Confirm fees on the USCIS fee schedule. A new public charge standard also took effect for adjustment applicants on September 18, 2026, covered in our report.
Life while the application is pending
Applicants can request an employment authorization document, now valid for up to 18 months for pending adjustment cases. Leaving the country without advance parole usually abandons the application, with an exception for certain H-1B and L-1 workers. See working while a green card is pending and traveling while a case is pending.
Adjustment versus consular processing
The alternative is consular processing: completing the case at a U.S. embassy or consulate abroad. Consular processing can be faster in some places, but it requires leaving, which can trigger unlawful presence bars for people who overstayed. Adjustment lets people stay with family and keep working, but USCIS processing can be long. Compare them in adjustment versus consular processing.
Intent problems for recent visitors
A person who entered as a visitor or student and quickly files for a green card may face questions about whether they misrepresented their intent at entry. The State Department’s Foreign Affairs Manual treats certain conduct within 90 days of entry as presumptive misrepresentation for consular purposes, and USCIS looks at the facts of each case. Genuine changes of plans are treated differently from preconceived ones. See why intent matters.
The interview and decision
USCIS may interview applicants, especially in marriage cases. If approved, the person becomes a permanent resident on the approval date. If denied, there is usually no appeal of an I-485 denial, but motions may be possible and, in some cases, the applicant can renew the application before an immigration judge. See what happens if USCIS denies a case.
Quick eligibility check
- Were you inspected and admitted or paroled?
- Are you an immediate relative, or is your priority date current?
- Have you maintained status and avoided unauthorized work, or does an exception cover you?
- Are there any grounds of inadmissibility, such as prior misrepresentation or criminal issues?
If any answer is uncertain, get individual advice before filing. A denied adjustment can leave someone without status.
The medical exam and vaccinations
Adjustment applicants must complete a medical examination with a USCIS-designated civil surgeon, who records vaccinations and health screening results on Form I-693. The exam results must be submitted according to current form instructions, and outdated results may need to be redone. Plan the appointment early, since civil surgeon availability varies.
How long approval takes
Processing times depend on the category, the local USCIS field office and background checks. Interviews may be scheduled or waived. Applicants should keep their address current and respond quickly to any request for evidence. For a realistic view of timing, see the truth about wait times.
Family members in the same case
In preference categories, a principal’s spouse and unmarried children under 21 can usually adjust as derivatives when the principal’s date is current, each filing their own I-485. Immediate relatives are different: each immediate relative needs their own petition, because derivatives do not apply to immediate relative cases. For example, a U.S. citizen marrying someone with a child generally files a separate petition for the child as a stepchild, if the marriage took place before the child turned 18.
Common questions
Can someone who entered on ESTA adjust status?
Visa Waiver entrants generally cannot change status, but immediate relatives of U.S. citizens who entered on ESTA can often adjust, subject to intent and other questions.
Can I adjust if I entered without inspection?
Generally no, unless section 245(i) or another specific provision applies. Most people in that situation would need to process abroad, which may trigger bars.
How long does adjustment take?
It varies widely by category and USCIS office. Check the USCIS processing times tool for current estimates.
Does filing I-485 give me status?
It gives a period of authorized stay while pending and allows you to apply for work and travel documents, but it is not a status like H-1B, and a denial ends it.