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.
A beneficiary abroad ordinarily completes immigrant visa processing rather than filing Form I-485.
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.
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.
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 of U.S. citizens are not subject to the ordinary numerical preference waiting lines, although all other adjustment requirements remain.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Quick adjustment-document checklist
| Category | Common Evidence |
|---|---|
| Identity | Passport, birth certificate, identity documents, certified translations |
| Entry | I-94, admission stamp, parole document, CBP record |
| Immigrant basis | I-130, I-140, I-360, classification approval, derivative evidence |
| Visa availability | Priority date and current Visa Bulletin analysis |
| Status history | I-94s, I-797s, I-20s, DS-2019s, employment authorization records |
| Financial sponsorship | I-864, tax evidence, employment evidence, joint sponsor documents |
| Medical | Required Form I-693 completed by designated civil surgeon |
| Criminal history | Certified arrest and court dispositions where applicable |
| Immigration history | Prior petitions, applications, removal records, visa refusals, CBP records |
| Discretion | Evidence 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.