Permanent Residence
Adjustment of Status Attorney
Adjustment of status is the process of applying for lawful permanent residence while inside the United States, instead of completing the case at a consulate abroad. It is available only to applicants who meet specific eligibility rules, including having an immigrant visa immediately available.
Getting eligibility right matters more here than almost anywhere else in immigration practice: a filing by someone ineligible to adjust can expose them to removal proceedings.
Basic eligibility requirements
- Physical presence in the United States
- An approved or concurrently filed immigrant petition in an eligible category
- An immigrant visa immediately available under the Visa Bulletin
- A lawful inspection and admission or parole, subject to exceptions
- Maintenance of lawful status, subject to exceptions for immediate relatives
- Admissibility, or an approved waiver of the applicable ground
Benefits available while the application is pending
Applicants may generally request employment authorization and, separately, advance parole to travel. Travel without the right document — or with certain immigration history — can be treated as abandonment of the application or can trigger a bar on return, so travel plans should be reviewed before tickets are booked.
The medical examination and interview
Applicants complete a medical examination with a designated civil surgeon, including required vaccinations or a documented exemption. Most family-based cases include an interview, where the officer reviews the relationship, the applicant's history and the accuracy of the forms.
Who cannot adjust status
Common bars include entry without inspection, certain visa waiver entries, unauthorized employment or status violations outside the immediate relative exception, and specific grounds of inadmissibility. Where adjustment is unavailable, consular processing with a waiver may be the alternative — but the sequence has to be planned carefully.
Employment-based adjustment
Employment-based applicants follow the same framework with additional considerations: maintaining nonimmigrant status during long waits, portability after the application has been pending for a set period, and coordinating extensions with the pending green card case.
What happens after approval
Approval grants permanent residence, either unconditional or conditional depending on the case. Residents must keep their address current, avoid abandoning residence through long absences, and understand how criminal issues can affect status. Eligibility for naturalization generally follows after a required period of residence.
Frequently asked questions
Can I travel while adjustment of status is pending?
Travel generally requires an advance parole document, and even then some applicants face risks on return. Get advice before traveling.
How long does adjustment of status take?
Processing times vary by category and office, and employment-based cases also depend on visa availability. Government estimates change frequently.
Can I work while my application is pending?
Most applicants can apply for employment authorization. Working without authorization before that is granted can create eligibility problems.
What if my application is denied?
Consequences depend on the reason and on the applicant's status. Some denials can be renewed in removal proceedings or addressed by a new filing; others are far more serious.
Do children get included?
Derivative children may be included in many categories, subject to age and marital status rules. Age-out protections can apply.
Is an interview always required?
Interviews are required in many cases and waived in others depending on category and agency policy at the time.
Primary government sources
Written by the Blasingame Law LLC team. Attorney reviewer: Amber L. Blasingame — [ATTORNEY REVIEW REQUIRED BEFORE PUBLISHING]. Last reviewed: [ADD LEGAL REVIEW DATE].
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