What Is AOS? Adjustment of Status Eligibility and Filing

Adjustment of status is the process that lets someone already inside the United States apply for a green card without leaving the country, by filing Form I-485 with U.S. Citizenship and Immigration Services. The authority comes from Section 245 of the Immigration and Nationality Act, codified at 8 U.S.C. § 1255.¹ The alternative is consular processing, which happens at a U.S. embassy or consulate abroad and requires the applicant to stay outside the country until an immigrant visa is issued.

The practical advantage of adjusting inside the country is that you can remain here the entire time, apply for a work permit, and request a travel document while the case is pending. The trade-off: leaving without an approved travel document will almost certainly cause USCIS to treat your application as abandoned.

Who Can Apply

Adjustment of status covers far more ground than marriage-based cases. Eligible groups include:

Family-based applicants, including immediate relatives of U.S. citizens (spouses, unmarried children under 21, and parents of adult citizens) and relatives in the family preference categories.
Employment-based applicants in the EB-1 through EB-5 preference categories.
Refugees who have been in the U.S. for at least one year and asylees who have held asylum status for at least one year.
Diversity visa lottery selectees physically present in the U.S.
Special immigrants, including religious workers, special immigrant juveniles, and certain Afghan and Iraqi nationals.
T and U visa holders and their qualifying family members.
Beneficiaries of the Cuban Adjustment Act, the Haitian Refugee Immigration Fairness Act, and certain Lautenberg parolees.²

The Three Core Requirements

For most applicants, the statute requires three things. You must have been “inspected and admitted or paroled” into the country, meaning you entered legally through a port of entry. You must be eligible for an immigrant visa and admissible. And an immigrant visa must be immediately available both when you file and when USCIS decides your case.¹

Admissibility

Admissibility trips up more applicants than people expect. Federal law lists dozens of grounds that can make someone inadmissible: communicable diseases of public health significance, missing required vaccinations, certain physical or mental disorders, drug abuse, criminal convictions involving moral turpitude or controlled substances, multiple criminal convictions, immigration fraud, prior deportation orders, and unlawful presence, among others.³ Some grounds can be waived; others cannot. Controlled substance trafficking and terrorism-related grounds are permanent bars with no waiver available. If you have criminal history or past immigration violations, understanding your admissibility before filing is essential, because a denial can trigger removal proceedings.

Special Treatment for Immediate Relatives

Immediate relatives of U.S. citizens get breaks other applicants do not. If you are the spouse, unmarried child under 21, or parent of an adult U.S. citizen, you can generally adjust even if you worked without authorization, overstayed a visa, or fell out of lawful status. These exceptions do not extend to family preference or employment-based applicants, who face stricter bars.¹

When You Can File: Visa Availability

Immediate relatives of U.S. citizens always have a visa available because that category has no annual cap.⁴ Everyone else in the family preference and employment-based categories faces numerical limits. The Department of State publishes a monthly Visa Bulletin showing which priority dates are currently eligible; your priority date is typically the date your visa petition or labor certification was filed.

You can file Form I-485 only when the Visa Bulletin shows a visa number available for your preference category and country of chargeability. For applicants from high-demand countries like India, China, Mexico, and the Philippines, waits can stretch years or even decades in some family preference categories.⁴

Concurrent Filing

Immediate relatives of U.S. citizens and most employment-based applicants can file Form I-485 at the same time as the underlying visa petition (Form I-130 or I-140). USCIS calls this concurrent filing, and it saves time because both the petition and the adjustment application move in parallel. Concurrent filing is always available for immediate relatives. For preference categories, it is available only when a visa number is currently shown as available on the Visa Bulletin.⁵

The 245(i) Exception

Ordinarily, you cannot adjust status if you entered the country without inspection. Section 245(i) creates a narrow exception for people who are the beneficiary of a visa petition or labor certification filed on or before April 30, 2001. If the petition was filed after January 14, 1998, you must also prove you were physically present in the U.S. on December 21, 2000.¹

Qualifying applicants can adjust inside the U.S. despite having entered without inspection or having fallen out of status. The catch is a $1,000 penalty fee on top of the regular filing fee, though children under 17 and certain family members of legalization-program beneficiaries are exempt. Without this provision, applicants who entered without inspection would need to leave the country for consular processing, which can trigger the three-year or ten-year bars on reentry for accruing unlawful presence.⁶

The Application Package

The centerpiece is Form I-485, Application to Register Permanent Residence or Adjust Status, which collects biographical information, immigration history, and addresses going back years.⁷ Most applicants file two companion forms at the same time:

Form I-765, Application for Employment Authorization, which produces a work permit (EAD) while the case is pending.
Form I-131, Application for Travel Document, which produces advance parole so you can travel without abandoning your application.⁸

When Forms I-765 and I-131 are filed with the I-485, USCIS issues a combo card that serves as both.⁹

Supporting documents vary by case but typically include proof of lawful entry (I-94 or passport pages with admission stamps), a birth certificate, marriage certificate and proof any prior marriages ended, two passport-style photographs, a government-issued photo ID, Form I-864 (the affidavit of support), and Form I-693 (the medical exam report).

The Medical Exam

Every applicant needs a medical exam performed by a USCIS-designated civil surgeon, located through the USCIS online locator.¹⁰ Federal law requires proof of vaccination against mumps, measles, rubella, polio, tetanus and diphtheria, pertussis, Haemophilus influenzae type B, hepatitis B, and any other diseases recommended by the Advisory Committee for Immunization Practices. Missing vaccinations makes you inadmissible, and the civil surgeon can administer them during the exam.¹¹

The exam typically costs between $150 and $650, depending on the provider and how many vaccines you need. USCIS does not regulate this fee. A Form I-693 signed on or after November 1, 2023, remains valid for the entire time the associated application is pending.¹²

The Affidavit of Support

Most family-based applicants and some employment-based applicants must submit Form I-864. The sponsor (usually the U.S. citizen or permanent resident who filed the visa petition) commits legally to support the immigrant financially so they do not rely on government benefits.¹³ The sponsor’s household income must meet at least 125% of the federal poverty guidelines for their household size. For 2026, that threshold for a two-person household is $27,050 per year.¹⁴ If income falls short, the sponsor can use assets or add a joint sponsor who independently meets the requirement.

Filing Fees

The filing fee for Form I-485 is $1,440 for most applicants, which now includes the biometrics services fee previously charged separately. A reduced fee of $950 applies to children under 14 filing concurrently with a parent.¹⁵ Fee waivers exist in narrow circumstances, primarily for Cuban Adjustment Act applicants, HRIFA applicants, asylees, and registry applicants.¹⁶

Submit the full package to the appropriate USCIS Lockbox facility. Verify the mailing address on the USCIS website, because incorrect filing locations are a common reason for returned packages.

Working and Traveling While Your Case Is Pending

Filing Form I-485 does not by itself authorize work or travel. This is where people get into real trouble.

Work Authorization

You must either hold a still-valid work authorization from your current status (like H-1B), or wait until USCIS issues your EAD after you file Form I-765. Starting a job before your EAD arrives counts as unauthorized employment.¹⁷ If your existing work authorization expires while the I-485 is pending and the new EAD has not arrived, you must stop working until USCIS issues the replacement. Any gap of unauthorized work can bar non-immediate-relative applicants from adjusting entirely. Immediate relatives, VAWA self-petitioners, special immigrant juveniles, and certain military members are exempt from that bar.

Travel

Leaving the United States without an approved advance parole document while your I-485 is pending will generally cause USCIS to treat the application as abandoned. That applies even to short trips and even if you hold a valid visa in your passport.⁸ You cannot travel while the advance parole application itself is still pending. The approved document has to be in your hands before you leave.

Biometrics and the Interview

After USCIS accepts the filing, you receive a notice scheduling a biometrics appointment at an Application Support Center. USCIS collects fingerprints, a photograph, and a signature for background and security checks. Missing the appointment without rescheduling can lead to denial.

Most applicants are also called for an in-person interview at a local USCIS field office. An officer reviews the application, verifies identity, and asks questions about eligibility and admissibility. For marriage-based cases, expect questions designed to confirm the marriage is genuine. Bring the originals of every document you submitted as a copy.

USCIS can waive the interview when it decides the paper record is sufficient. Waivers happen but are discretionary and unpredictable. If USCIS approves the application, an approval notice arrives and the green card follows by mail.

Processing Times

As of early fiscal year 2026, USCIS reports median processing times of about 5.5 months for family-based adjustment applications and about 6.2 months for employment-based applications.¹⁸ These are medians, so half of cases take longer. Complex cases, requests for additional evidence, and applications flagged for security checks can take well over a year. These figures also exclude the wait for a visa number to become available in the first place, which for some preference categories runs into years.

You can check status online through the USCIS Case Status tool using the receipt number from the filing acknowledgment. If your case is significantly past the posted processing time, you can submit an inquiry or request expedited processing if you meet the criteria.

Conditional Green Cards for Recent Marriages

If your green card is based on marriage and you have been married for less than two years on the day you become a permanent resident, you receive a conditional green card valid for two years rather than the standard ten-year card.¹⁹ Before the two-year card expires, you must file Form I-751 to remove the conditions and obtain full permanent residence. Missing that deadline puts your status at risk. If the marriage has ended by then, you can still file the I-751 with a waiver of the joint filing requirement, but the process becomes more complex.

If Your Application Is Denied

A denial is not necessarily the end. You can file Form I-290B, Notice of Appeal or Motion, with the USCIS office that issued the decision. The deadline is 30 calendar days from the date USCIS made the decision, or 33 days if the decision was mailed. Late filings are generally denied, though USCIS may excuse the delay if you show it was beyond your control.²⁰ A motion to reopen presents new facts or evidence not previously available; a motion to reconsider argues that the decision was based on an incorrect application of law or policy. An appeal, by contrast, goes to the Administrative Appeals Office for independent review.

The immigration consequences of a denial matter. If you have no other lawful status when the application is denied, USCIS may issue a Notice to Appear, starting removal proceedings in immigration court. The denial notice itself will indicate whether removal proceedings will follow. That risk is why a realistic assessment of eligibility before filing is so important.

1
Office of the Law Revision Counsel. 8 USC 1255 – Adjustment of Status of Nonimmigrant to That of Person Admitted for Permanent Residence
2
U.S. Citizenship and Immigration Services. Form I-485 Instructions
3
Office of the Law Revision Counsel. 8 USC 1182 – Inadmissible Aliens
4
U.S. Citizenship and Immigration Services. Visa Availability and Priority Dates
5
U.S. Citizenship and Immigration Services. Concurrent Filing of Form I-485
6
U.S. Citizenship and Immigration Services. Unlawful Presence and Inadmissibility
7
U.S. Citizenship and Immigration Services. Form I-485 – Application to Register Permanent Residence or Adjust Status
8
U.S. Citizenship and Immigration Services. Form I-131 Instructions – Application for Travel Documents, Parole Documents, and Arrival/Departure Records
9
U.S. Citizenship and Immigration Services. USCIS to Issue Employment Authorization and Advance Parole Card for Adjustment of Status Applicants
10
U.S. Citizenship and Immigration Services. Find a Civil Surgeon
11
U.S. Citizenship and Immigration Services. Vaccination Requirements
12
U.S. Citizenship and Immigration Services. Chapter 4 – Review of Medical Examination Documentation
13
U.S. Citizenship and Immigration Services. I-864, Affidavit of Support Under Section 213A of the INA
14
U.S. Department of Health and Human Services. 2026 Poverty Guidelines: 48 Contiguous States
15
U.S. Citizenship and Immigration Services. I-485, Application to Register Permanent Residence or Adjust Status
16
U.S. Citizenship and Immigration Services. I-912, Request for Fee Waiver
17
U.S. Citizenship and Immigration Services. Chapter 6 – Unauthorized Employment
18
U.S. Citizenship and Immigration Services. Historic Processing Times
19
U.S. Citizenship and Immigration Services. Removing Conditions on Permanent Residence Based on Marriage
20
U.S. Citizenship and Immigration Services. I-290B, Notice of Appeal or Motion