I-485 ADJUSTMENT OF STATUS
How Do I Become a Lawful Permanent Resident While in the United States?
Background
An immigrant is a foreign national who has been granted the privilege of living and working permanently in the United States. You must go through a multi-step process to become an immigrant. First, the INS must approve an immigrant petition for you, usually filed by an employer or relative. Second, the State Department must give you an immigrant visa number, even if you are already in the United States. Third, if you are already in the United States, you may apply to adjust to permanent resident status. (If you are outside the United States, you will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa.)
Where Can I Find the Law?
The Immigration and Nationality Act is a law that governs immigration in the United States. For the part of the law concerning permanent resident status, please see INA § 245. The specific eligibility requirements and procedures for adjusting to permanent residence status are included in the Code of Federal Regulations [CFR] at 8 CFR § 245.
Who is Eligible?
To find out who may apply for permanent residence in the United States, please see eligibility information below.
(Please note, your permanent residence status will be conditional (initial card will be valid for two years only) if it is based on a marriage that was less than two years old on the day you were given permanent residence.
How Do I Apply?
To find out how you can apply to become a lawful permanent resident of the United States, please see Application Procedures below, which will help you identify what you need to do.
Will I Get a Work Permit?
Applicants for adjustment to permanent resident status are eligible to apply for a work permit while their cases are pending. You should use INS Form I-765 to apply for a work permit. You do not need to apply for a work permit once you adjust to permanent resident status. As a lawful permanent resident, you should receive a permanent resident card that will prove that you have a right to live and work in the United States permanently.
Can I Travel Outside the United States?
If you are applying for adjustment to permanent resident status, you must receive advance permission to return to the United States if you are traveling outside the United States. This advance permission is called Advance Parole. If you do not apply for Advance Parole before you leave the country, you will abandon your application with the INS and you may not be permitted to return to the United States. (There are exceptions to this rule for holders of H-1B and L-1 nonimmigrant visas)
ELIGIBILITY INFORMATION:
Who May Apply to Become a Lawful Permanent Resident While in the United States?
You may be eligible to apply for adjustment to permanent resident status if you are already in the United States and if one or more of the following categories apply to you.
Family Member
You are the spouse, parent, unmarried child under age 21, the unmarried son or daughter over age 21, the married son or daughter, or the brother or sister of a United States citizen and have a visa petition approved in your behalf.
You are the spouse or unmarried son or daughter of any age of a lawful permanent resident and you have a family-based visa petition approved in your behalf.
Employment
You are an alien who has an approved visa petition filed in your behalf by a United States employer. For more information on how an employee can become an immigrant, please see How Do I Apply for Immigrant Status Based on Employment? In addition, please see our list of “How Do I” pages which provide information on bringing relatives (Parents, Spouses, Siblings, Children) to live in the United States.
Visa Number
You must have an immigrant visa number available from the State Department unless you are in a category that is exempt from numerical limitations. Immediate relatives of United States citizens are exempt from this requirement. Immediate relatives of U.S. citizens are parents, spouses, and unmarried children under 21. (For instance, you can apply to adjust to permanent resident status at the same time that your U.S. citizen daughter files an application for you to become an immigrant.)
Other immigrant categories that are exempt from numerical limitations and do not need a visa number include special immigrant juvenile and special immigrant military petitions. For more information on immigrant visa numbers, see How Do I Get an Immigrant Visa Number? Also see How Do I Bring My Spouse to the United States to Live? How Do I Bring My Child to the United States to Live? and How Do I Bring My Parents to the United States to Live? INS Form I-360 provides more information on special immigrant juvenile and special immigrant military petitions.
For family members of lawful permanent residents, visa numbers are limited by law every year. This means that even if the INS approves an immigrant visa petition for you, you may not get an immigrant visa number immediately. In some cases, several years could pass between the time INS approves your immigrant visa petition and the State Department gives you an immigrant visa number.
You were a fiancé who was admitted to the United States on a K-1 visa and then married the U.S. citizen who applied for the K-1 visa for you. (If you married the U.S. citizen but not within the 90-day time limit, your spouse also must now file INS Form I-130, Petition for Alien Relative). Your unmarried, minor children are also eligible for adjustment of status. See How Do I Bring My Fiancé to the United States? for more information. If you did not marry the U.S. citizen who filed the K-1 petition in your behalf, or if you married another U.S. citizen or lawful permanent resident, you are not eligible to adjust status in the United States.
Asylee
You are an asylee or refugee who has been in the United States for at least a year after being given asylum or refugee status and still qualify for asylum or refugee status. for more information.
Cuban Citizen
You are a Cuban citizen or native who has been in the U.S. for at least a year after being inspected, admitted, or paroled into the United States. Your spouse and children who are residing with you in the United States may also be eligible for adjustment of status.
U.S. Resident Since Before 01/01/72
You have been a continuous resident of the United States since before January 1, 1972. See 8 CFR 249.2(a), under “Jurisdiction.”
Parent’s LPR Status
Your parent became a lawful permanent resident after you were born. You may be eligible to receive following-to-join benefits if you are the unmarried child under age 21 of the lawful permanent resident. In these cases, you may apply to adjust to permanent resident status at the same time that your parent applies for following-to-join benefits for you.
Spouse’s LPR Status
Your spouse became a lawful permanent resident after you were married. You may be eligible to receive following-to-join benefits. In these cases, you may apply to adjust to permanent resident status at the same time that your spouse applies for following-to-join benefits for you.
Otherwise Eligible
If “otherwise eligible” to immigrate to the U.S., immediate relatives may adjust status to LPR (get a “green card”) in the United States even if they may have done any of the following:
worked without permission,
remained in the U.S. past the period of lawful admission (e.g., past the expiration date on your I-94) and filed for adjustment of status while in an unlawful status because of that,
failed otherwise to maintain lawful status and with the proper immigration documentation, or
have been admitted as a visitor without a visa under sections 212(l) or 217 of the Act (which are the 15-day admission under the Guam visa waiver program and the 90-day admission under the Visa Waiver Program, respectively).
Please note: If a person came into the U.S. illegally, that person is barred from adjusting their status to LPR (cannot obtain a green card) even if he or she marries a U.S. citizen or otherwise becomes an immediate relative. An immediate relative must meet the eligibility requirement of being “inspected and admitted or paroled into the United States.”
Ineligible
There may be other reasons that you are eligible for adjustment to permanent resident status. Please see INS Form I-485 for more complete information.
You may be ineligible for adjustment to permanent resident status if:
You entered the U.S. while you were in transit to another country without obtaining a visa.
You entered the U.S. while you were a nonimmigrant crewman.
You were not admitted or paroled into the United States after being inspected by a U.S. Immigration Inspector.
You are employed in the United States without INS authorization or you are no longer legally in the country (except through no fault of your own or for some technical reason). This rule does not apply to you if:
You are the immediate relative of a U.S. citizen (parent, spouse, or unmarried child under 21 years old).
Certain foreign medical graduates, international organization employees and family members.
You are a J-1 or J-2 exchange visitor who must comply with the two-year foreign residence requirement, and you have not met or been granted a waiver for this requirement.
You have an A (diplomatic status), E (treaty trader or investor), or G (representative to international organization) nonimmigrant status, or have an occupation that would allow you have this status. This rule will not apply to you if you complete INS Form I-508 (I-508F for French nationals) to waive diplomatic rights, privileges and immunities. If you are an A or G nonimmigrant, you must also submit INS Form I-566.
You were admitted to Guam as a visitor under the Guam Visa Waiver Program. (This does not apply to immediate relatives.)
You were admitted into the United States as a visitor under the Visa Waiver Program. (This rule does not apply to you if you are the immediate relative of a U.S. citizen (parent, spouse, or unmarried child under 21).)
You are already a conditional permanent resident.
You were admitted as a K-1 fiancé but did not marry the U.S. citizen who filed the petition for you. Or, you were admitted as the K-2 child of a fiancé and your parent did not marry the U.S. citizen who filed the petition for you.
There may be other reasons that you are ineligible for adjustment to permanent resident status.
APPLICATION PROCEDURES:
If you would like to become a lawful permanent resident in the United States, you must file the following items with the Immigration and Naturalization Service:
Form I-485 Application to Register Permanent Residence or Adjust Status
Please review Supplement A to Form I-485 to see if additional fee requirements apply to you.
Form G-325A Biographic Data Sheet (Between the ages of 14 and 79)
Form I-693 Medical Examination Sheet (not required if you are applying based on continuous residence since before 1972, or if you have had a medical exam based on a fiancé visa)
Two color photos taken within 30 days (Please see INS Form I-485 for more instructions on photos.)
Form I-864 Affidavit of Support (completed by the sponsor). (This requirement may not apply to you if you are adjusting to permanent resident status based on an employment petition.)
Form I-765 Authorization for Employment (if seeking employment while case is processed). For more information, see How Do I Get a Work Permit?
Evidence of inspection, admission or parole into the United States (INS Form I-94, Arrival Departure Record).
In addition:
If you have already been approved for an immigrant petition , you must submit a copy of the approval notice sent to you by INS.
If someone else is or has filed a petition for you that, if approved, will make an immigrant number immediately available to you, you must submit a copy of the completed petition that is being filed for you. Such applications include only immediate relative, special immigrant juvenile or special immigrant military petitions.
If you were admitted into the United States as a fiancé of a U.S. citizen and married that citizen within the required 90 days, you must submit a copy of the fiancé petition approval notice and a copy of your marriage certificate.
If you are an asylee or refugee, you must submit a copy of the letter or INS Form I-94 (Arrival-Departure Record) that shows the date you were granted asylum or refuge in the United States. You also must submit INS Form I-643 (Health and Human Services Statistical Data).
If you are a Cuban citizen or native, you must use INS Form I-485 (Application to Register Permanent Residence or Adjust Status) and submit evidence of your citizenship or nationality.
If you have been a continuous resident of the United States since before January 1, 1972, you must submit evidence showing that you entered the United States prior to January 1, 1972 and that you have lived in the United States continuously since your entry into the country.
If your parent became a lawful permanent resident after you were born, you must submit evidence that your parent has been or will be granted permanent residence. You must also submit a copy of your birth certificate and proof of your relationship with your parent.
If your spouse became a lawful permanent resident after you were married, you must submit evidence that your spouse has been granted permanent residence. You must also submit a copy of your marriage certificate and proof that any previous marriages entered into by you or your spouse were legally terminated.
How Can I Appeal?
The only applications for permanent residency (Form I-485) which can be appealed are those based on a marriage which took place while the alien’s application was in process. These appeals must be made to the Administrative Appeals Unit (AAU).
Generally, you may appeal within 33 days after the immigration judge decides to remove you from the country. After your appeal form and a required fee are processed, the appeal will be referred to the Board of Immigration Appeals in Washington, D.C. For more information, please see, How Do I Appeal A Denial of My Application or Petition?