Glossary
What is adjustment of status?
Adjustment of status is how you become a permanent resident without leaving the United States. Here are the basic conditions and what happens while you wait.
Last checked October 2026 · Sources
- Form
- I-485
- Where you apply
- Inside the US, with USCIS
- Law
- INA 245(a)
- File with I-140?
- Yes, if a visa number is available
Quick answer
What is adjustment of status?
Adjustment of status is how you apply for a green card while you are in the United States. You file Form I-485 with USCIS. In general you must have been inspected and admitted or paroled. You must be eligible for an immigrant visa and admissible. A visa number must be immediately available when you file. People abroad use consular processing instead.
- You can file the I-485 with your I-140 if a visa number is available.
- While it is pending, you can ask for a work permit (EAD).
- Leaving the US without advance parole can abandon your application.
- Some status problems can bar you. A partner-firm attorney checks this.
Side by side
Adjustment of status vs consular processing
| Point | Adjustment of status | Consular processing |
|---|---|---|
| Where you are | Inside the United States | Outside the United States |
| Who decides | USCIS | A State Department consulate abroad |
| Main form | Form I-485 | Immigrant visa application through the National Visa Center |
| Work and travel while waiting | You can apply for an EAD and advance parole | You wait abroad, then enter with the immigrant visa |
| When you become a resident | When USCIS approves the I-485 | When you are admitted to the US on the immigrant visa |
Sources: USCIS, Adjustment of Status and USCIS, Consular Processing. See also our consular processing guide.
The basic conditions
Who can adjust status
-
You entered lawfully
You were inspected and admitted or paroled into the US. (INA 245(a))
-
You qualify for an immigrant visa
For example, through an approved or pending EB-1A or EB-2 NIW I-140, and you are admissible.
-
A visa number is available
Your priority date must be current under the chart USCIS names that month in the Visa Bulletin.
-
No bar applies
For employment-based cases, gaps in lawful status or unauthorized work can bar you. INA 245(k) can excuse up to 180 days in total, if you are here after a lawful admission. (INA 245(c) and (k))
Why it matters for you
What adjustment of status means for you
-
You can file both at once
If a visa number is available, your I-485 can be filed with or after your I-140. (8 CFR 245.2(a)(2)(i)(B))
-
You can work while you wait
A pending I-485 lets you apply for an EAD on Form I-765, category (c)(9). (8 CFR 274a.12(c)(9))
-
Get advance parole before you travel
Leaving without it is generally treated as abandoning the I-485. H-1, L-1, H-4, L-2 and V holders have an exception if they meet its conditions. Advance parole is requested on Form I-131. (8 CFR 245.2(a)(4)(ii)) If you have ever been in the US unlawfully, ask an attorney before you travel: since August 13, 2026, leaving on advance parole can count as a departure for the 3- and 10-year bars (USCIS).
Go deeper
Related terms and guides
Consular processing
The other path to a green card, from abroad.
Read more GlossaryForm I-485
The application form itself.
Read more BlogThe I-485 in practice
What adjustment of status involves, step by step.
Read more BlogTravel while an I-485 is pending
Advance parole and the abandonment rule.
Read moreFAQ
Questions people ask
Adjustment of status is done inside the US with USCIS on Form I-485. Consular processing is done at a US consulate abroad, and you become a resident when you enter on the immigrant visa.
Yes, if a visa number is immediately available when you file. USCIS calls this concurrent filing.
You can apply for an EAD on Form I-765 under category (c)(9) once your I-485 is filed. You may file it with the I-485.
Usually only with advance parole. Leaving without it is generally treated as abandoning the I-485, with exceptions for some H-1, L-1 and other status holders.
It can be a problem for employment-based cases. INA 245(c) bars some people. INA 245(k) can excuse up to 180 days in total in some cases. A partner-firm attorney checks your history.
Start with the petition
Adjustment of status follows an approvable petition. The free evaluation shows where your record stands for EB-1A, EB-2 NIW and O-1. A partner-firm attorney confirms eligibility before anything is filed. This is general information, not legal advice.
Sources · checked October 2026
- 8 U.S.C. 1255 (INA 245), Legal Information Institute, Cornell Law School
- 8 CFR 245.2, Legal Information Institute, Cornell Law School
- 8 CFR 274a.12, Legal Information Institute, Cornell Law School
- USCIS, Adjustment of Status
- USCIS, Concurrent Filing of Form I-485
- USCIS, Consular Processing
- USCIS, Form I-765, Application for Employment Authorization
- USCIS, Form I-131, Application for Travel Documents
- USCIS, Unlawful Presence and Inadmissibility (alert on Matter of Delcarmen-Lara, BIA 2026)
This page is general information, not legal advice. Rules and fees change; a partner-firm attorney confirms what applies to you before anything is filed.
