Adjustment of status (AOS) is the legal process that allows a person physically present in the United States to apply for lawful permanent resident status (Green Card) without returning to their home country to complete visa processing abroad. According to USCIS, the process is available to multiple categories of immigrants: immediate relatives of U.S.
citizens, employment-based immigrants, refugees, asylees, Afghan and Iraqi translators and interpreters, and other special immigrant categories—but not everyone can use it, and the path differs sharply depending on how you entered the country and whether you have legal status. The advantage of AOS is that you remain in the United States throughout the process, rather than risking denial abroad. This matters because some applicants who entered without inspection or worked without authorization are legally barred from using AOS at all and must pursue sponsorship through a different, slower route called consular processing.
Table of Contents
- Who Can Use Adjustment of Status
- The Visa Availability Requirement
- Who Cannot Use Adjustment of Status
- The 245(i) Exception
- Timing Requirements for Specific Groups
- Admissibility: The Final Hurdle
- Frequently Asked Questions
Who Can Use Adjustment of Status
Adjustment of status is available to multiple immigrant categories: immediate relatives of U.S. citizens, employment-based immigrants, refugees, asylees, Afghan and Iraqi translators and interpreters, and other designated special immigrants. The most commonly used path is immediate relatives (spouses, parents, and unmarried children of U.S. citizens), followed by employment-based sponsorship and refugee/asylee transitions to permanent residency.
To be eligible, you must have been inspected and admitted or paroled into the United States and must remain physically present in the country when filing the Form I-485 application, according to USCIS instructions. This is the first hard rule: you cannot have entered the country by evading inspection, and you must be present in the U.S. when you file. Simply being in the country is not enough if your arrival was undetected.
The Visa Availability Requirement
One often-overlooked requirement is that an immigrant visa must be immediately available to you at the time you file the adjustment application and at the time USCIS makes the final decision. This requirement is set by USCIS policy and varies by category. For immediate relatives of U.S. citizens, a visa is generally available immediately, which is why this category tends to move faster.
For employment-based sponsorship, visa availability depends on your country of birth and job category, and you may have to wait months or years. This requirement means you cannot simply file before a visa is available and wait for one to open up. If no visa is available at the time of decision, your adjustment application can be denied even if you meet all other requirements. Checking the State Department's Visa Bulletin each month is essential for employment-based applicants, since visa availability can change.
Who Cannot Use Adjustment of Status
Applicants barred from standard adjustment—including those who entered without inspection or worked without authorization—cannot use the AOS process and must instead pursue Green Card sponsorship through consular processing outside the United States, according to USCIS policy. This is a critical distinction: if you entered the country illegally (without being inspected), you do not automatically qualify for AOS, even if you have an employer or family member sponsoring you.
Working without authorization also creates a bar to AOS for most applicants. If you have worked in the U.S. without valid work authorization, you likely cannot adjust your status—you would have to leave the country, apply for a visa abroad, and hope the consular officer grants you a waiver. This is why many undocumented immigrants discover that having a willing sponsor does not mean they can stay: the rules have already closed that door.
The 245(i) Exception
A narrower group of applicants can override these bars through INA section 245(i), which covers those who had immigrant petition filings or labor certification applications before specific cutoff dates. The cutoff dates are April 30, 2001 (for most employment-based petitions), December 31, 2000 (for labor certifications), or when a visa petition or labor certification application was pending on December 31, 2020 (for immediate relatives).
If you fall into one of these windows, you may be allowed to adjust even if you entered without inspection or worked without authorization. However, 245(i) protections are narrow and time-sensitive. You must have had the petition or application filed before the cutoff date—a petition filed today does not qualify. And even with 245(i) relief, you still need to meet all other requirements (admissibility, sponsorship, visa availability). This exception provides a legal path for some applicants, but it does not apply to everyone.
Timing Requirements for Specific Groups
Different categories have different timeline requirements. Asylees must have been physically present in the United States for at least one year after being granted asylum status before they become eligible to adjust to lawful permanent resident status, according to USCIS. This one-year waiting period is separate from the time it took to win asylum itself; it does not start until your asylum grant is final.
Refugees also have a mandatory timeline. You must wait at least one year as a refugee before you can adjust to permanent resident status. Other applicants—such as immediate relatives and employment-based sponsored workers—have no mandatory waiting period beyond the time needed for the visa to become available and for USCIS to process the application.
Admissibility: The Final Hurdle
Adjustment of status applicants must be admissible to the United States, meaning they cannot have grounds of inadmissibility such as health-related issues, security concerns, or immigration law violations that would bar entry. USCIS will evaluate whether you have committed crimes, whether you pose a security risk, whether you have a communicable disease, whether you are likely to become a public charge (unable to support yourself), and many other factors.
Admissibility is evaluated at two points: when you file the I-485 and when USCIS makes its final decision. If circumstances change between those two dates—for example, if you are convicted of a crime—your adjustment can be denied. The admissibility check is thorough and is one reason why consulting an immigration attorney before filing can be valuable, particularly if you have a criminal history or complex background.
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Frequently Asked Questions
Can I adjust status if I entered the country illegally?
Not under the standard rules. However, if you had an immigrant petition or labor certification application filed before the 245(i) cutoff dates, you may qualify for an exception.
Do I have to wait after getting asylum before I can adjust?
Yes. Asylees must be physically present in the U.S. for at least one year after their asylum grant before they can file for adjustment of status.
What happens if my visa is not available yet?
You can file the I-485 application while waiting for a visa to become available, a process called "concurrent filing." Your adjustment cannot be approved until a visa is immediately available, but filing early preserves your priority date.
Does having a U.S. job or spouse guarantee I can adjust?
No. You must also meet admissibility requirements, have a visa available, and—if you entered without inspection—qualify for an exception like 245(i).