Adjustment of Status: Get Your Green Card Without Leaving the U.S.

One of the most common questions immigrants ask is whether they can get a green card without having to leave the United States. For many people, the answer is yes — through a legal process called adjustment of status. If you are already in the U.S. and meet the eligibility requirements, you may be able to apply for permanent residency from within the country, avoiding the often lengthy and uncertain process of traveling abroad for consular processing.

What Is Adjustment of Status?

Adjustment of status is the process of applying for lawful permanent residency — a green card — while remaining inside the United States. It is governed by Section 245 of the Immigration and Nationality Act and processed through U.S. Citizenship and Immigration Services (USCIS) using Form I-485, Application to Register Permanent Residence or Adjust Status.

Adjustment of status is different from consular processing, where the applicant applies for an immigrant visa at a U.S. Embassy or Consulate in their home country. Both paths can result in a green card, but the adjustment of status process allows you to stay in the U.S. throughout — often a significant benefit for people with U.S. citizen family members, jobs, and lives already established here.

Who Is Eligible?

Not everyone can adjust status. In general, you must meet all of the following:

You were inspected and admitted or paroled into the United States at a legal port of entry. You have an approved immigrant visa petition — such as a Form I-130 filed by a qualifying family member or an employer-sponsored I-140. An immigrant visa is immediately available in your category. You are not barred from adjustment of status due to certain immigration violations, fraud, or criminal grounds.

Common categories that can adjust status include spouses, children, and parents of U.S. citizens (immediate relatives), spouses and children of lawful permanent residents when a visa number is available, asylees and refugees after one year of that status, employment-based green card applicants, and Diversity Visa lottery winners.

Required Forms and Documents

The adjustment of status application is a package of forms filed simultaneously with USCIS. The core documents include Form I-485 (the main green card application), Form I-864 Affidavit of Support (if you have a qualifying financial sponsor), Form I-765 to apply for work authorization while pending, Form I-131 if you need to travel internationally while your case is pending, and a medical examination completed on Form I-693 by a USCIS-approved civil surgeon.

You will also need to submit passport photos, your birth certificate (translated if necessary), police clearance certificates, evidence of your approved petition, and documentation of your qualifying relationship or status.

Filing fees as of 2026 total approximately $1,440 for most applicants. An immigration attorney can ensure you file the correct forms and catch potential problems before USCIS does.

How Long Does It Take?

Processing times vary based on your immigration category, the USCIS field office handling your case, and current agency backlogs. As a general reference in 2026:

For immediate relatives of U.S. citizens, processing typically runs 12 to 24 months. For family preference categories, timelines are longer and depend on your priority date and country of birth. Employment-based cases vary significantly by category, and some face decades-long backlogs for nationals of certain countries.

While your I-485 is pending, you can apply for a work permit (EAD) and a travel document called Advance Parole. It is extremely important that you do not travel outside the U.S. while your I-485 is pending without an approved Advance Parole document — doing so can result in the automatic abandonment of your green card application.

What Happens at the Adjustment of Status Interview?

Most applicants are scheduled for an interview at a local USCIS field office. During this interview, a USCIS officer will review your application and supporting documents, ask questions about your background and immigration history, and may ask about the qualifying relationship (for family-based cases). Biometrics will also have been collected at a prior appointment.

Family-based applicants are typically interviewed together with their petitioning U.S. citizen or permanent resident family member. For employment-based cases, an interview may or may not be required depending on USCIS policy and your specific case type.

FAQ

Can I adjust status if I entered without inspection (crossing the border illegally)? Generally, no. Most people who entered the U.S. without authorization are not eligible for adjustment of status, with limited exceptions. Some individuals may qualify if they were granted Temporary Protected Status or fall under certain grandfathering provisions from older immigration law.

What happens if my I-485 is denied? USCIS will issue a denial notice explaining the reasons. Depending on your underlying immigration status, you may be placed in removal proceedings — at which point an immigration judge has authority to review and potentially grant adjustment of status. An appeal or motion to reopen may also be possible in some cases.

Can I work while my I-485 is pending? Yes, if you file Form I-765 with your adjustment of status package. Once your Employment Authorization Document (EAD) is approved, you have the legal right to work for any employer in the United States while waiting for your green card.

Can my status change if I divorce while the I-485 is pending? If you are applying as the spouse of a U.S. citizen and the marriage ends in divorce or annulment before your green card is approved, your adjustment of status application may be affected. Contact an immigration attorney immediately if your marital situation changes during the process.

How Fibi Law Can Help

The adjustment of status process involves detailed paperwork, strict deadlines, and decisions that can significantly affect your future in the United States. A single error — a missing document, an incomplete form, or a misunderstood instruction — can lead to a Request for Evidence (RFE), costly delays, or denial.

The immigration attorneys at Fibi Law have guided clients through the adjustment of status process in Philadelphia, New Jersey, New York, the Bronx, and Atlanta. Our team reviews your entire immigration history, evaluates your eligibility, and prepares a thorough, well-documented application that gives you the strongest possible chance of approval.

Whether you are applying as a family member of a U.S. citizen, an asylee, or an employment-based applicant, our team can guide you through every step. Contact Fibi Law today for a free consultation, and find out how we can help you obtain your green card without leaving the United States.