Complete Adjustment of Status Guide

Who can adjust status?

There is no single eligibility rule that applies identically to every Form I-485 applicant. The requirements depend on the statute authorizing the adjustment and the applicant's immigrant category.

For an applicant proceeding under the ordinary framework of INA §245(a), the statute generally requires:

• Inspection and admission or parole into the United States, subject to statutory exceptions;
• A properly filed application for adjustment;
• Eligibility to receive an immigrant visa;
• Admissibility to the United States for permanent residence; and
• An immigrant visa immediately available as required by the applicable visa-number rules.

Other adjustment provisions modify or replace parts of the ordinary §245(a) framework. A correct assessment therefore begins by identifying the precise statutory pathway.

See the detailed INA §245(a) Adjustment of Status Guide.

Inspection, admission, parole, and entry history

For an ordinary §245(a) case, manner of entry is often the first major eligibility issue. The applicant generally must establish inspection and admission or inspection and parole.

Common entry scenarios

• Admission with a nonimmigrant visa;
• Visa Waiver Program admission;
• Parole at a port of entry;
• Advance-parole travel and return;
• Parole in place;
• Wave-through admission;
• Entry without inspection; and
• Cases in which the original I-94 or admission record is missing.

Admission and lawful status are different concepts. A person may have been admitted and later violated or lost nonimmigrant status. Conversely, obtaining a later immigration benefit does not necessarily establish that an earlier entry constituted an admission under §245(a).

See INA §245(a) for the complete entry analysis.

The underlying immigrant basis

An adjustment applicant must have a substantive legal basis for lawful permanent residence. In many cases that basis is established through an immigrant petition, although some adjustment pathways arise through other statutory mechanisms.

The underlying basis generally must remain legally valid through the point required by the governing statute and regulations.

Changes involving marriage, divorce, death, employment, petition withdrawal, petition revocation, or another material event can therefore affect an adjustment application that has already been filed.

Statutory adjustment bars

Even someone who satisfies the basic requirements of §245(a) may be prevented from adjusting under one of the separate statutory bars in INA §245(c).

Potential issues include:

• Unauthorized employment;
• Unlawful immigration status on the filing date;
• Failure to continuously maintain lawful status;
• Violation of nonimmigrant status;
• Certain employment-based applicants who are not in lawful nonimmigrant status;
• Crewman entry;
• Visa Waiver Program restrictions;
• Transit without visa; and
• Other classifications specifically addressed by the statute.

Exemptions matter. Immediate relatives, VAWA self-petitioners, specified special immigrants, and certain employment-based applicants receive important statutory protections from particular adjustment bars.

See the complete INA §245(c) Adjustment Bars Guide.

INA §245(i) grandfathering

INA §245(i) can permit certain grandfathered applicants to adjust despite problems that otherwise would prevent adjustment under the ordinary §245(a) framework or specified portions of §245(c).

The analysis generally begins by determining:

• Whether a qualifying immigrant petition or labor certification was filed on or before April 30, 2001;
• Whether the filing was properly filed;
• Whether it was approvable when filed;
• Whether the applicant is the principal or a qualifying grandfathered derivative;
• Whether the December 21, 2000 physical-presence requirement applies; and
• Whether the applicant has a current immigrant basis and visa availability.

See the INA §245(i) Adjustment Guide.

INA §245(k) for employment-based applicants

INA §245(k) provides an important exception from specified adjustment bars for qualifying employment-based immigrants.

The statute can protect eligible applicants in the covered employment categories who, since the relevant most recent lawful admission, have not for an aggregate period exceeding 180 days:

• Failed to maintain continuously a lawful status;
• Engaged in unauthorized employment; or
• Otherwise violated the terms and conditions of admission.

The current statute covers qualifying EB-1, EB-2, EB-3, EB-5 applicants and specified EB-4 religious workers, together with qualifying derivatives who independently satisfy the requirements.

See the INA §245(k) Guide.

Admissibility for permanent residence

Adjustment eligibility and admissibility are separate issues. An applicant who otherwise qualifies to adjust generally must also establish admissibility for permanent residence.

Potential inadmissibility issues can involve:

• Health-related grounds;
• Criminal history;
• Controlled substances;
• Fraud or willful misrepresentation;
• False claims to U.S. citizenship;
• Prior unlawful presence;
• Previous removal orders;
• INA §212(a)(9)(C);
• Alien smuggling;
• Security-related grounds; and
• Other grounds established by INA §212.

Visa availability and priority dates

Visa availability is fundamental to adjustment. Immediate relatives of U.S. citizens do not face the ordinary family-preference numerical waiting lines, while most family- and employment-preference applicants must account for the immigrant visa allocation system.

For numerically limited categories, the analysis can involve:

• Priority dates;
• Preference classifications;
• Country of chargeability;
• Cross-chargeability;
• Final Action Dates;
• Dates for Filing;
• USCIS's designated monthly filing chart;
• Visa retrogression;
• Child Status Protection Act issues; and
• Transfer of underlying basis.

See the complete Visa Availability Guide.

The discretionary adjustment decision

Ordinary adjustment under INA §245(a) is discretionary. The statute provides that an eligible applicant's status may be adjusted rather than providing an automatic entitlement to lawful permanent residence.

USCIS Policy Memorandum PM-602-0199, issued May 21, 2026, directs officers to evaluate the totality of the circumstances where the adjustment provision is discretionary.

Immigration history can matter even when a statutory bar does not apply

USCIS may consider relevant immigration conduct as part of the discretionary analysis, including:

• Compliance with immigration laws;
• Compliance with current and prior status conditions;
• Unauthorized employment or other violations;
• The applicant's overall immigration history;
• Statements made to USCIS, DOS, CBP, or another government agency;
• The circumstances surrounding an application for a visa, admission, or parole;
• Conduct following admission or parole;
• Failure to depart after the authorized purpose or period ended;
• Family ties and humanitarian considerations;
• Moral character;
• Criminal or other adverse conduct; and
• Any other fact relevant to the discretionary determination.

Dual-intent status remains recognized

PM-602-0199 expressly recognizes that pursuing adjustment is not inconsistent with maintaining a classification that permits dual intent, such as H-1B or L-1.

Filing Form I-485 does not therefore become improper merely because an H-1B or L-1 nonimmigrant intends to become a permanent resident.

Consular processing and the circumstances of entry

The 2026 memorandum emphasizes USCIS's view that adjustment is an exception to the ordinary immigrant visa process abroad. In an appropriate discretionary case, USCIS may examine the circumstances under which a person obtained nonimmigrant admission or parole and later remained to seek adjustment.

USCIS must explain a discretionary denial

Where USCIS denies an adjustment application as an unfavorable exercise of discretion, PM-602-0199 instructs officers to identify the positive and negative factors considered and explain why the negative factors outweigh the positive factors.

The Form I-485 process

Form I-485 is the principal application used by an eligible applicant in the United States to request adjustment to lawful permanent resident status. Each principal and derivative applicant generally files a separate Form I-485.

See the Complete Form I-485 Process Guide.

While Form I-485 is pending

Filing Form I-485 can create important procedural consequences and eligibility for related benefits, but a pending adjustment application should not be confused with lawful permanent resident status or, in every context, lawful nonimmigrant status.

Common issues during the pending period include:

• Employment authorization;
• Advance parole;
• International travel;
• H-1B and L-1 travel rules;
• Changes in employment;
• INA §204(j) portability;
• Marriage, divorce, or death;
• Change of address;
• Arrest or criminal charges;
• Visa retrogression;
• Transfer of underlying basis; and
• Maintaining eligibility through adjudication.

See While Form I-485 Is Pending.

RFEs, NOIDs, and adjustment denials

USCIS may identify a legal, factual, evidentiary, procedural, or discretionary problem during adjudication. The nature of the government's concern determines the appropriate response.

Request for Evidence

An RFE generally asks the applicant to provide evidence USCIS believes is missing or insufficient to establish eligibility.

Notice of Intent to Deny

A NOID generally indicates that USCIS believes the existing record supports denial but is providing the applicant an opportunity to respond before issuing a final decision.

Discretionary concern

Under current USCIS policy, an RFE, interview, NOID, or denial may also involve facts relevant to whether an otherwise eligible applicant warrants favorable adjustment as a matter of discretion.

Denial

After denial, available options can depend on the underlying adjustment category, the reason for denial, whether removal proceedings exist or may follow, whether USCIS or EOIR has jurisdiction, and whether a motion, renewed adjustment application, refiling, or judicial remedy is legally available.

See Adjustment Problems & Denials.