Family-Based Adjustment of Status

The qualifying family relationship

Family-based adjustment begins with a legally recognized immigrant classification. In most cases, that classification is established through Form I-130, Petition for Alien Relative.

The petitioner generally must establish:

• The petitioner's U.S. citizenship or lawful permanent resident status;
• The qualifying relationship;
• Any category-specific legal requirements; and
• That no statutory petition bar prevents approval.

USCIS may therefore approve Form I-130 but deny Form I-485 because of an adjustment bar, inadmissibility, jurisdiction, visa availability, abandonment, insufficient evidence, or an unfavorable exercise of discretion.

Immediate relatives of U.S. citizens

INA §201(b)(2)(A)(i) generally defines immediate relatives to include:

• A spouse of a U.S. citizen;
• An unmarried child under 21 of a U.S. citizen; and
• A parent of a U.S. citizen where the petitioning citizen is at least 21 years old.

Immediate-relative classification offers two especially important adjustment advantages:

• No ordinary preference-category visa backlog; and
• Exemption from specified INA §245(c) bars involving certain status violations and unauthorized employment.

An immediate relative who entered without inspection, for example, does not ordinarily satisfy INA §245(a) merely because the petitioner is a U.S. citizen. Another provision such as INA §245(i), parole, VAWA, or another statutory rule may be needed.

Family-preference categories

Family-preference immigrants are subject to annual numerical limitations and generally must wait until their priority date is sufficiently current.

Unlike immediate relatives, family-preference applicants generally must pay close attention both to visa availability and to INA §245(c) status and employment bars.

Concurrent filing of Form I-130 and Form I-485

A qualifying family beneficiary may file Form I-130 and Form I-485 concurrently when an immigrant visa is immediately available and all other filing requirements are satisfied.

This most commonly occurs in immediate-relative cases because visas are not subject to the ordinary preference-category backlog.

A family-preference beneficiary may also qualify for concurrent filing during a period when the applicable USCIS filing chart permits it.

Inspection, admission, parole, and family adjustment

Ordinary family-based adjustment under INA §245(a) generally requires the applicant to have been inspected and admitted or inspected and paroled.

Typical evidence includes:

• Form I-94;
• Passport admission stamp;
• CBP travel records;
• Parole documentation;
• Government immigration records; or
• Credible secondary evidence where appropriate.

Possible alternative rules can include INA §245(i), qualifying VAWA provisions, parole in place where legally available, or another special statutory adjustment pathway.

See INA §245(a) Adjustment Eligibility.

Family adjustment and INA §245(c) bars

Adjustment bars apply differently depending on the family immigrant classification.

See INA §245(c) Adjustment Bars.

Visa availability

Immediate relatives

Immediate relatives are not subject to the ordinary family-preference numerical limitations. Once a qualifying immediate-relative classification exists and the applicant is otherwise eligible, there is no preference-category priority-date backlog.

Family-preference immigrants

Preference applicants must determine:

• Priority date;
• Family preference category;
• Country of chargeability;
• Applicable Final Action Date;
• Dates for Filing where USCIS authorizes use of that chart;
• Possible cross-chargeability;
• Child Status Protection Act issues; and
• The effect of visa retrogression.

See Visa Availability for Adjustment of Status.

Form I-864 Affidavit of Support

Most family-sponsored immigrants must establish compliance with the Affidavit of Support requirements through Form I-864 unless a statutory exemption applies.

The sponsor generally must establish:

• Qualifying sponsor status;
• U.S. domicile;
• Required household income or qualifying assets;
• Household size;
• Federal tax information;
• Current income evidence; and
• Any required joint sponsor or household-member documentation.

Some applicants may be exempt from the I-864 requirement, including certain applicants who can establish sufficient qualifying quarters of coverage or another statutory exemption.

Marriage-based adjustment of status

In a marriage-based case, approval generally requires both a legally valid marriage and a bona fide marital relationship rather than a marriage entered primarily to obtain an immigration benefit.

USCIS can consider evidence such as:

• Joint residence;
• Joint financial accounts;
• Insurance;
• Tax records;
• Property ownership or leases;
• Children of the marriage;
• Travel and photographs;
• Communications;
• Affidavits from people with personal knowledge; and
• Other evidence showing the couple intended to establish a shared marital life.

Marriage during removal or other covered proceedings

INA §245(e) imposes a special restriction when an applicant marries during specified administrative or judicial proceedings concerning the person's right to be admitted or remain in the United States.

The statute contains a bona fide marriage exception. To qualify for that exception, the applicant must establish by clear and convincing evidence that:

• The marriage was entered in good faith;
• The marriage was entered in accordance with the laws of the place where it occurred; and
• The marriage was not entered for the purpose of procuring immigration benefits.

INA §204(g), which restricts approval of certain family petitions based on marriages entered during proceedings, should also be analyzed together with §245(e).

Conditional permanent residence

If permanent resident status is granted based on a qualifying marriage that is less than two years old on the date adjustment is approved, the immigrant generally becomes a conditional permanent resident under INA §216.

Conditional permanent residence normally lasts two years.

Removal of conditions is generally requested through Form I-751, either:

• Jointly with the petitioning spouse; or
• Through an available waiver of the joint-filing requirement where the statutory requirements are satisfied.

Family-based adjustment and USCIS discretion in 2026

A valid family relationship and approved Form I-130 do not create an absolute right to adjustment under ordinary INA §245(a).

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

Immediate-relative exemptions remain statutory

Congress expressly exempted immediate relatives from specified INA §245(c) bars. The 2026 memorandum does not repeal those exemptions.

Accordingly, an officer should not simply recreate a statutory bar that Congress chose not to apply.

Circumstances surrounding admission may receive additional attention

USCIS may consider statements and representations made when an applicant obtained a nonimmigrant visa, requested admission, or received parole, together with the applicant's conduct after entering the United States.

This can be particularly relevant in a family case where the government believes the applicant entered as a temporary visitor while already intending to remain permanently.

A discretionary issue is not automatically an inadmissibility finding

USCIS may consider conduct as part of discretion even where the agency cannot establish a separate inadmissibility ground. Conversely, a finding of inadmissibility must be analyzed under the statute creating that ground and any available exception or waiver.

Discretionary denials must explain the balancing

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

Derivative spouses and children

Family-preference categories generally permit qualifying spouses and children of the principal beneficiary to immigrate as derivatives where the statutory relationship requirements are satisfied.

Immediate-relative classifications work differently.

For example, when a U.S. citizen petitions for a spouse who has children, the children do not automatically derive immediate-relative status through the spouse's I-130. Each child must independently qualify under the applicable family relationship rules.

In preference categories, derivative children may also require careful Child Status Protection Act analysis.

Death of the petitioner or principal beneficiary

Death does not automatically terminate every family immigration case.

Depending on the circumstances, potential provisions can include:

• INA §204(l) surviving-relative relief;
• Special rules for qualifying widow(er)s of U.S. citizens;
• Humanitarian reinstatement of an approved family petition; and
• Derivative or substitute-sponsor provisions associated with Form I-864.

Common family-based adjustment problems

• The beneficiary entered without inspection.
• The beneficiary overstayed or worked without authorization.
• The beneficiary entered through the Visa Waiver Program.
• USCIS questions the circumstances or intent surrounding a prior visitor admission.
• The marriage occurred during removal proceedings.
• USCIS questions whether the marriage is bona fide.
• A prior marriage raises INA §204(c).
• The beneficiary has a prior fraud or misrepresentation allegation.
• A criminal record raises possible inadmissibility.
• The petitioner does not satisfy the Form I-864 requirements.
• The petitioner dies while the case is pending.
• The parties divorce while the case is pending.
• A preference beneficiary's priority date retrogresses.
• A child may age out.
• Removal proceedings affect adjustment jurisdiction.
• USCIS raises an unfavorable discretionary issue based on the applicant's immigration history.

See Adjustment Problems & Denials.