1. Identify the exact immigrant basis
The first question is not simply whether the applicant has an approved petition. It is the precise statutory category under which adjustment will be requested.
Examples include:
- Immediate relative of a U.S. citizen;
- Family-preference immigrant;
- EB-1, EB-2, EB-3, EB-4, or EB-5;
- National interest waiver;
- VAWA self-petitioner;
- Special immigrant juvenile;
- T or U nonimmigrant;
- Diversity immigrant;
- Refugee or asylee adjustment;
- Cuban Adjustment Act; or
- Another specialized statutory category.
2. Reconstruct every U.S. entry and departure
For ordinary INA §245(a), determine whether the applicant was inspected and admitted or paroled.
Review every:
- Passport;
- Visa;
- Form I-94;
- Admission stamp;
- Parole document;
- Advance parole return;
- TPS travel return;
- Border crossing;
- Entry without inspection;
- Departure after unlawful presence; and
- Departure after a removal order.
The most recent I-94 may not reveal an earlier status violation, removal, unlawful presence period, false representation, or unlawful reentry that affects the present adjustment case.
3. Build a complete status chronology
The evaluation should identify the immigration classification held during each period in the United States.
Review:
- B-1/B-2;
- F-1, M-1, or J-1;
- H or L status;
- O, P, R, TN, E, or other classifications;
- TPS;
- Parole;
- Pending extension or change-of-status applications;
- Pending asylum;
- Pending Form I-485;
- Periods after I-94 expiration; and
- Periods following status violations.
4. Review the complete employment history
Unauthorized employment can create adjustment problems under INA §245(c)(2) and §245(c)(8).
The review should compare every period of work against:
- Nonimmigrant work authorization;
- Employer-specific petitions;
- CPT;
- OPT and STEM OPT;
- Employment Authorization Documents;
- Automatic EAD extensions;
- Self-employment;
- Freelance or contract work; and
- Employment after filing Form I-485.
5. Screen every adjustment bar
A complete analysis should identify whether the applicant falls within any INA §245(c), §245(d), §245(e), or related restriction.
Questions include whether the applicant:
- Was admitted as a crewman;
- Was unlawfully present in immigration status when filing;
- Failed continuously to maintain lawful status;
- Worked without authorization;
- Entered through the Visa Waiver Program;
- Was admitted in S status;
- Is subject to the employment-based lawful nonimmigrant status bar;
- Violated nonimmigrant terms;
- Entered in K status;
- Married during removal proceedings; or
- Falls within another statutory restriction.
See Adjustment Bars.
6. Search for INA §245(i) grandfathering
An applicant who entered without inspection or has serious adjustment-bar problems may still be eligible if grandfathered under INA §245(i).
Search the family and employment history for:
- Immigrant petitions filed on or before April 30, 2001;
- Labor certifications filed on or before April 30, 2001;
- Petitions filed for a spouse or parent through whom grandfathering may derive;
- Evidence the old filing was approvable when filed; and
- Physical presence on December 21, 2000 where required.
See INA §245(i).
7. Calculate INA §245(k) in employment cases
Qualifying employment-based applicants can be exempt from INA §245(c)(2), §245(c)(7), and §245(c)(8) where the §245(k) requirements are met.
Identify after the relevant lawful admission:
- Days without lawful status;
- Days of unauthorized employment; and
- Other violations of the terms and conditions of admission.
Do not label an employment-based applicant ineligible merely because a status or work violation occurred. Determine whether §245(k)'s statutory 180-day protection applies.
See INA §245(k).
8. Conduct a separate INA §212 admissibility review
Adjustment bars and inadmissibility are different legal questions.
Review possible grounds involving:
- Health;
- Vaccinations;
- Criminal conduct;
- Controlled substances;
- Fraud or willful misrepresentation;
- False claim to U.S. citizenship;
- Alien smuggling;
- Unlawful presence;
- Prior removal;
- INA §212(a)(9)(C);
- Public charge where applicable;
- Security and terrorism grounds;
- J-1 foreign residence requirement; and
- Other category-specific grounds.
9. Review immigration court and removal history
Obtain the complete record if the applicant has ever been:
- Placed in removal, deportation, or exclusion proceedings;
- Ordered removed in absentia;
- Granted voluntary departure;
- Subject to expedited removal;
- Removed at the border;
- Subject to reinstatement;
- Granted reopening;
- Granted termination or dismissal; or
- Previously ordered deported and later returned.
10. Confirm visa availability
For a numerically limited category, identify:
- Priority date;
- Preference classification;
- Country of chargeability;
- Cross-chargeability possibilities;
- Current Final Action Date;
- Current Dates for Filing chart;
- The chart USCIS authorizes that month; and
- Potential Child Status Protection Act issues.
See Visa Availability.
11. Determine whether USCIS has jurisdiction
Jurisdiction can change when removal proceedings exist.
Determine:
- Whether proceedings are pending;
- Whether proceedings were terminated or dismissed;
- Whether the applicant is an arriving alien;
- Whether an immigration judge has adjustment jurisdiction;
- Whether USCIS retains jurisdiction under a special rule; and
- Whether a prior I-485 was administratively closed for lack of jurisdiction.
12. Determine whether every required fact can be proven
Legal eligibility is not enough if the applicant cannot meet the burden of proof.
Common evidence includes:
- Passports and I-94s;
- Birth and marriage records;
- Immigrant petition approvals;
- Employment records;
- I-20s and DS-2019s;
- Tax records;
- Certified court records;
- Immigration court records;
- CBP records;
- Medical examination;
- Affidavit of Support evidence;
- Evidence of grandfathering;
- Evidence of prior admission or parole; and
- Affidavits and secondary evidence where primary documentation is unavailable.
13. Compare the case against prior government filings
A pre-filing evaluation should compare the proposed Form I-485 with prior:
- Visa applications;
- Forms I-94;
- Forms I-129 or I-539;
- Forms I-130 or I-140;
- Forms I-765;
- Prior Forms I-485;
- Asylum applications;
- Immigration court pleadings;
- Consular interviews;
- CBP statements; and
- Prior sworn testimony.
14. Evaluate adjustment discretion
Where the governing adjustment statute is discretionary, statutory eligibility does not compel approval.
USCIS's May 21, 2026 policy memorandum directs adjudicators to consider the totality of relevant positive and negative factors.
Potential positive considerations can include:
- U.S. citizen or permanent resident family ties;
- Long residence in the United States;
- Humanitarian circumstances;
- Employment history;
- Community contribution;
- Compliance with tax obligations;
- Rehabilitation;
- Military service;
- Caregiving responsibilities; and
- Other substantial equities.
Potential negative considerations can include:
- Immigration violations;
- False statements;
- Failure to comply with departure requirements;
- Criminal or adverse conduct;
- Repeated violations;
- Lack of candor; and
- Other circumstances USCIS considers adverse.
First determine whether the applicant is statutorily eligible. Then determine whether favorable discretion is warranted. An adverse discretionary factor should not be confused with a nonexistent statutory bar.
Possible results of the case evaluation
| Evaluation Result | Possible Strategy |
|---|---|
| Clearly eligible for ordinary §245(a) | Prepare Form I-485 with complete supporting evidence. |
| §245(c) problem but immediate-relative exemption applies | Document the qualifying immediate-relative category and address other independent issues. |
| Employment violation under 180 days | Analyze and document INA §245(k). |
| EWI or severe status history with old qualifying filing | Analyze INA §245(i) grandfathering. |
| Inadmissibility with available waiver | Prepare the adjustment and waiver strategy together where procedurally appropriate. |
| Removal proceedings | Determine USCIS versus immigration-judge jurisdiction. |
| Not eligible to adjust | Analyze immigrant visa processing and the consequences of departure before deciding to leave. |
| Major discretionary concerns | Develop mitigating and positive-equity evidence before filing where adjustment remains legally available. |
Frequently asked questions
I have an approved I-130. Does that mean I can file I-485?
No. The I-130 establishes the family classification. Form I-485 requires separate analysis of entry, visa availability, adjustment bars, admissibility, jurisdiction, and other eligibility requirements.
I have a valid I-94. Is that enough?
No. A current I-94 may establish an important part of the immigration history, but USCIS can review earlier entries, prior status violations, unauthorized employment, inadmissibility, and other issues.
I overstayed but married a U.S. citizen. Is adjustment possible?
Potentially yes. Qualifying immediate relatives are generally exempt from important status and unauthorized-employment bars, although admission or parole and admissibility must still be reviewed.
I entered without inspection. Should I leave for my immigrant visa interview?
Not until §245(i), parole possibilities, unlawful presence, prior removal, INA §212(a)(9)(C), and waiver eligibility have been analyzed.
Can USCIS deny an otherwise eligible I-485 as a matter of discretion?
Where the governing adjustment statute makes the benefit discretionary, yes. USCIS evaluates the totality of the relevant positive and negative factors after statutory eligibility is established.
Should I obtain my old immigration records before filing?
When there is uncertainty about prior entries, statements, arrests, removals, visa applications, or immigration filings, obtaining the relevant government and court records can be critical to an accurate evaluation.