Adjustment of Status
Adjustment of Status is an application filed by an alien who is physically in the United States to adjust his or her non-immigrant status to immigrant status, i.e. permanent resident status. In past cases of adjustment of status for employment based immigration, the USCIS allowed an alien to file an I-485 adjustment of status application only after his or her immigration petition was approved. For details on immigration petitions, please click here.
However, effective July 31, 2002, the INS (now called the USCIS) published a new interim rule allowing the concurrent filing of an I-485 adjustment of status application with an I-140 immigration petition (typically, EB-1, and EB-2 petitions) if visa numbers are available to the beneficiaries at the time of filing. For details on concurrent filing of I-140 and I-485, please click here.
If the alien does not reside in the United States, he/she cannot apply for adjustment of status in the U.S. and must go through immigrant visa processing at a U.S. consulate abroad instead. For details on Consular Processing, please visit Consular Processing pages.
Applying for adjustment of status signifies that the alien has reached the final step in getting a Green Card. Once the application is approved, the alien gains permanent resident status in the United States. In addition, there are two major benefits to applying for an I-485: while an I-485 application is pending, an alien may simultaneously apply for 1. Advance Parole, and 2.an EAD Work Permit.
For other information on Adjustment of Status, please click on one of the following topics below:
- What is Adjustment of Status?
- Who is eligible to file an Adjustment of Status application?
- Benefits of applying for Adjustment of Status
- Where should the application for Adjustment of Status be filed?
- Documents are needed for Adjustment of Status
- Information needed for Adjustment of Status
- Medical Examination and Designated Civil Surgeons
- Age Out in Adjustment of Status
- H-1B Status in I-485 Pending Period
- Visa Waiver Program in Adjustment of Status
- Receipt of Certain Public Benefits will NOT Render Alien a "Public Charge"
- FAQs on Public Charge
- Maintaining Legal Permanent Resident Status
- Memo: Be Aware of Abandonment of COS and AOS Applications
- Frequently Asked Questions about Adjustment of Status
- Attorner’s Fees for for Adjustment of Status
- Services that We Provide