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Adjustment of Status Requirements Checklist

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INA §245 • Form I-485 • Eligibility • Evidence

Adjustment of Status Requirements Checklist

A complete adjustment case requires more than a properly completed Form I-485. Before filing, the applicant should verify the legal basis for permanent residence, physical presence, entry history, immigrant visa eligibility, visa availability, adjustment bars, admissibility, jurisdiction, supporting documents, medical examination, financial sponsorship where required, and category-specific evidence. Eligibility must generally continue through the date USCIS or the immigration judge makes the final decision.

Eligibility ≠ Filing

A complete filing checklist starts with legal eligibility.

An applicant can submit every requested document and still be legally ineligible to adjust. Conversely, a person may be clearly eligible but receive an RFE, rejection, or denial because the filing lacks required initial evidence. The legal eligibility review and the document filing review should therefore be completed separately.

Three-Part Review

Every adjustment case should pass three checklists

01

Statutory Eligibility

Confirm the immigrant category, entry requirement, visa availability, adjustment bars, admissibility, and any exception or waiver.

02

Required Evidence

Document identity, nationality, admission or parole, immigrant basis, civil history, medical eligibility, financial support, and category-specific requirements.

03

Correct Procedure

Use the current forms and fees, file in the correct jurisdiction, include required signatures and medical documentation, and preserve proof of filing.

Core INA §245(a) Requirements

Ordinary adjustment begins with four statutory elements.

The applicant generally must have been inspected and admitted or paroled, be eligible to receive an immigrant visa, be admissible for permanent residence, and have an immigrant visa immediately available when required.

INA §245(c), §245(d), §245(e), §245(i), §245(k), and special adjustment statutes can then change the result.

A good checklist therefore asks both whether the basic rule is satisfied and whether an exception, exemption, or alternative adjustment provision applies.

Adjustment of status eligibility checklist

✓

Physical presence

The applicant is physically present in the United States when Form I-485 is filed.

✓

Valid immigrant category

The applicant qualifies as a principal or derivative under a family, employment, humanitarian, diversity, or special adjustment category.

✓

Admission or parole

The applicant satisfies INA §245(a)'s inspected-and-admitted-or-paroled requirement or qualifies under a statute that modifies or removes it.

✓

Immigrant visa eligibility

The underlying petition, relationship, employment basis, or other statutory eligibility remains valid.

✓

Visa immediately available

A visa number is available under the applicable category when required for filing and final adjudication.

✓

No unresolved adjustment bar

INA §245(c), §245(d), §245(e), or another restriction does not prevent adjustment, or an applicable exemption such as §245(i) or §245(k) applies.

✓

Admissibility

The applicant is admissible for permanent residence or qualifies for every waiver or statutory exception needed.

✓

Jurisdiction

The application is filed with USCIS or EOIR according to the applicant's procedural posture.

✓

Discretion

Where adjustment is discretionary, the totality of positive and negative factors supports approval.

1. Confirm physical presence in the United States

Form I-485 is an application for adjustment inside the United States. USCIS instructions require the applicant to be physically present in the United States to file.

Outside the United States?

A beneficiary abroad ordinarily completes immigrant visa processing rather than filing Form I-485.

See Adjustment of Status vs. Consular Processing.

2. Identify the exact immigrant category

The filing should identify exactly why the applicant is eligible for permanent residence.

Potential bases include:

  • Immediate-relative petition;
  • Family-preference petition;
  • Employment-based petition;
  • National interest waiver;
  • Extraordinary ability;
  • Special immigrant classification;
  • VAWA self-petition;
  • SIJ classification;
  • T or U adjustment;
  • Diversity visa selection;
  • Refugee or asylee adjustment;
  • Cuban Adjustment Act; or
  • Another special federal adjustment provision.
Do not choose a filing category merely because a petition was approved. The applicant must identify the correct adjustment classification and remain eligible under it.

3. Review every U.S. entry

For ordinary INA §245(a), determine whether the applicant was inspected and admitted or paroled.

Collect:

  • Passports;
  • Visas;
  • Forms I-94;
  • CBP travel history;
  • Admission stamps;
  • Parole documents;
  • Advance parole records;
  • TPS travel documents;
  • Removal records; and
  • Evidence of any wave-through entry.
Do not equate a missing I-94 with entry without inspection. The legal question is what actually happened at entry and whether it can be proven.

See Missing I-94 and Proving Admission.

4. Confirm immigrant visa availability

For a preference category, determine:

  • Priority date;
  • Preference classification;
  • Country of chargeability;
  • Whether cross-chargeability applies;
  • Current Visa Bulletin;
  • Which chart USCIS has authorized for filing that month; and
  • Whether the visa will also be available for final approval.
Immediate Relatives

Immediate relatives of U.S. citizens are not subject to the ordinary numerical preference waiting lines, although all other adjustment requirements remain.

See Visa Availability for Form I-485.

5. Screen every INA §245 adjustment bar

The pre-filing review should address whether the applicant:

  • Was admitted as a crewman;
  • Is in unlawful immigration status;
  • Failed to maintain lawful status;
  • Engaged in unauthorized employment;
  • Entered through a historically restricted TWOV category;
  • Was admitted through the Visa Waiver Program;
  • Was admitted in S status;
  • Is covered by the terrorism-related §245(c)(6) bar;
  • Is an employment-based applicant outside lawful nonimmigrant status;
  • Violated terms of nonimmigrant admission;
  • Entered in K status; or
  • Married during removal proceedings.

Then determine whether an exception applies through:

  • Immediate-relative status;
  • VAWA;
  • INA §245(i);
  • INA §245(k);
  • A special immigrant provision; or
  • Another category-specific exception.

See INA §245 Adjustment Bars.

6. Complete a separate INA §212 admissibility review

An applicant can satisfy INA §245 and still be inadmissible.

Review possible grounds involving:

  • Communicable disease and vaccination requirements;
  • Physical or mental health grounds;
  • Criminal convictions;
  • Controlled substances;
  • Fraud or willful misrepresentation;
  • False claim to U.S. citizenship;
  • Unlawful presence;
  • Prior removal;
  • INA §212(a)(9)(C);
  • Alien smuggling;
  • Public charge where applicable;
  • Security and terrorism grounds;
  • J-1 INA §212(e) issues; and
  • Other category-specific inadmissibility.
Never assume that an adjustment-bar exemption is also an inadmissibility waiver. INA §245 and INA §212 perform different functions.

7. Determine who has jurisdiction over Form I-485

The correct adjudicator can depend on whether:

  • The applicant is in removal proceedings;
  • An immigration judge has jurisdiction;
  • The applicant is an arriving alien;
  • A final removal order exists;
  • The proceedings were dismissed or terminated;
  • The person returned on parole; or
  • A special adjustment category contains its own jurisdiction rule.
A legally approvable I-485 can still be rejected or mishandled if filed in the wrong forum. Jurisdiction should be established before filing.

8. Identity and nationality documents

The adjustment package generally requires documentary evidence establishing identity and nationality.

Depending on the case, collect:

  • Passport biographic page;
  • Birth certificate;
  • Government identity records;
  • Prior passports;
  • National identity documents;
  • Certified translations; and
  • Secondary evidence if a required civil document is unavailable.
Use the Department of State Reciprocity Schedule when evaluating foreign civil documents. The absence of a conventional birth certificate does not necessarily make the case impossible if the document is officially unavailable and acceptable secondary evidence exists.

9. Evidence of inspection, admission, or parole

Where ordinary §245(a) applies, include the strongest available evidence of the qualifying entry.

Examples include:

  • Form I-94;
  • Passport admission stamp;
  • CBP electronic I-94 record;
  • Parole documentation;
  • Advance parole record;
  • TPS admission documentation;
  • CBP records;
  • Form I-102 approval; or
  • Secondary evidence supporting a wave-through admission.

See Inspected and Admitted for Adjustment.

10. Underlying immigrant petition or classification evidence

The package should establish the immigrant basis supporting Form I-485.

Depending on the category, this can include:

  • Form I-130 receipt or approval;
  • Form I-140 receipt or approval;
  • Form I-360;
  • VAWA documentation;
  • SIJ classification evidence;
  • T or U status evidence;
  • Diversity selection evidence;
  • Refugee or asylum documentation;
  • Supplement J;
  • Evidence of derivative relationship; and
  • Any category-specific approval notice.
Ongoing Eligibility

The underlying immigrant basis generally must remain valid through adjustment adjudication unless a statute or portability provision preserves eligibility after a later change.

11. Financial sponsorship and Form I-864

Many family-based applicants and some employment-based applicants require Form I-864, Affidavit of Support Under Section 213A of the INA.

The review may involve:

  • Correct sponsor;
  • Petitioning sponsor requirement;
  • Household size;
  • Current income;
  • Federal tax returns or transcripts;
  • Assets;
  • Joint sponsor;
  • Household member Form I-864A; and
  • Whether an I-864 exemption applies.
Meeting the income level through a joint sponsor does not ordinarily eliminate the petitioning sponsor's own Form I-864 requirement where the petitioner must sponsor.

12. Form I-693 medical examination

Applicants required to submit Form I-693 should arrange an immigration medical examination with a USCIS-designated civil surgeon.

Current USCIS filing policy requires certain applicants who must submit Form I-693 to include the properly completed medical with Form I-485 or risk rejection.

The medical review addresses health-related inadmissibility, including:

  • Communicable diseases of public health significance;
  • Vaccination requirements;
  • Specified physical or mental disorders;
  • Drug abuse or addiction classifications; and
  • Other medical requirements established through the governing technical instructions.
Current validity rule: USCIS updated its policy in June 2025 so that a Form I-693 is generally valid only while the immigration benefit application with which it was submitted remains pending. If that benefit is denied or withdrawn, a new medical is generally required for a later application.

13. Civil, immigration, and criminal records

Before filing, obtain complete records concerning any:

  • Arrest;
  • Charge;
  • Conviction;
  • Diversion;
  • Expungement;
  • Juvenile matter where relevant;
  • Immigration-court proceeding;
  • Removal order;
  • Expedited removal;
  • Voluntary departure;
  • Visa refusal;
  • Prior fraud allegation;
  • Immigration benefit denial; or
  • Prior use of another identity.
Do not answer I-485 history questions from memory where official records can be obtained. A discrepancy between Form I-485 and prior government records can create a new credibility or misrepresentation problem.

14. Final filing checklist

Immediately before submission, verify:

✓

Current form edition

Use the form edition USCIS currently accepts on the date of filing.

✓

Correct filing fee

Check the current USCIS fee schedule and any applicable exemption or special fee provision.

✓

Every required signature

Review the I-485, petition, I-864, supplements, medical, and any concurrently filed applications.

✓

Required initial evidence

Include category-specific evidence identified in the current Form I-485 instructions.

✓

Form I-693 where required

Follow current USCIS rules concerning submission of the medical examination with Form I-485.

✓

Correct filing location

Use the USCIS filing address or other authorized filing procedure applicable to the category and application.

✓

Complete copy retained

Preserve an exact copy of everything filed, including evidence, checks, payment records, and delivery confirmation.

USCIS forms, fees, filing addresses, and medical requirements change. Always check current USCIS instructions immediately before filing rather than relying on an older checklist.

15. Requirements continue after Form I-485 is filed

The eligibility review does not end when USCIS issues a receipt notice.

While adjustment remains pending, monitor:

  • Priority-date retrogression;
  • Underlying petition validity;
  • Marriage or divorce;
  • Death of a petitioner;
  • Employment changes;
  • AC21 portability;
  • Address changes;
  • Arrests or criminal charges;
  • International travel;
  • Employment authorization;
  • Removal proceedings;
  • RFEs and NOIDs; and
  • Any new inadmissibility or discretionary issue.
Ongoing Eligibility

A properly filed I-485 is not insulated from later events. USCIS generally determines eligibility based on the record existing when it adjudicates the application.

See Pending Form I-485 Guide.

Quick adjustment-document checklist

CategoryCommon Evidence
IdentityPassport, birth certificate, identity documents, certified translations
EntryI-94, admission stamp, parole document, CBP record
Immigrant basisI-130, I-140, I-360, classification approval, derivative evidence
Visa availabilityPriority date and current Visa Bulletin analysis
Status historyI-94s, I-797s, I-20s, DS-2019s, employment authorization records
Financial sponsorshipI-864, tax evidence, employment evidence, joint sponsor documents
MedicalRequired Form I-693 completed by designated civil surgeon
Criminal historyCertified arrest and court dispositions where applicable
Immigration historyPrior petitions, applications, removal records, visa refusals, CBP records
DiscretionEvidence addressing significant positive or adverse circumstances where needed

Frequently asked questions

What are the basic requirements for adjustment of status?

For ordinary INA §245(a), the applicant generally must be physically present, have been inspected and admitted or paroled, be eligible for an immigrant visa, have a visa immediately available when required, be admissible, avoid applicable adjustment bars, and warrant favorable discretion.

Do I need an approved I-130 or I-140 before filing I-485?

Not always. Some categories permit concurrent filing when a visa is immediately available. Other cases require the underlying petition or classification to be established first.

Do I have to submit the medical with I-485?

Current USCIS policy requires certain applicants who must submit Form I-693 to include it with Form I-485 or risk rejection. Category-specific exceptions should be checked in the current instructions.

Does a valid I-94 prove that I can adjust?

No. It may help establish admission or current status, but the applicant must satisfy the entire adjustment framework.

Can I adjust if I am out of status?

Sometimes. Immediate relatives receive important exemptions, qualifying employment applicants may use §245(k), grandfathered applicants may qualify under §245(i), and special adjustment categories may have different rules.

Can I file I-485 if my priority date is not current?

Generally not in a numerically limited category unless USCIS has authorized use of the applicable Visa Bulletin filing chart and the applicant's priority date qualifies under that chart.

Does USCIS only look at eligibility on the day I file?

No. Adjustment eligibility generally must continue through adjudication, subject to statutory provisions that preserve eligibility after particular changes.

Primary Authorities

Adjustment checklist authorities

Legal content reviewed August 30, 2026. Current USCIS requirements distinguish substantive adjustment eligibility from required initial evidence. USCIS also currently requires certain applicants who must submit Form I-693 to file the medical examination with Form I-485, and current policy generally limits the medical's validity to the benefit application with which it was submitted.

Does your I-485 checklist reveal an eligibility problem?

The Messersmith Law Firm, P.A. handles complex adjustment matters involving admission and parole, INA §245(c), INA §245(i), INA §245(k), visa availability, inadmissibility, medical issues, jurisdiction, removal proceedings, RFEs, NOIDs, and I-485 denials.

Schedule a Consultation