1. Confirm Eligibility for Adjustment of Status to a Green Card in the U.S.

The process of adjusting status to a green card while in the U.S. is commonly referred to as “Adjustment of Status” (AOS). First, you need to confirm that you meet the eligibility requirements for adjustment of status. Common eligibility criteria include:

• Lawful Entry: The applicant must have entered the U.S. legally and been inspected and admitted or paroled by U.S. Customs and Border Protection (CBP) at the time of entry.

• Maintaining Status: You must maintain a lawful nonimmigrant status (such as a student or work status) until you file the Adjustment of Status application (Form I-485). In some cases, applicants who have lost their status may still be eligible to apply for adjustment of status under section 245(i).

2. Prepare the I-130 Petition for Alien Relative (Application Fee: $675)

Next, an eligible U.S. citizen or lawful permanent resident (green card holder) must file Form I-130 (Petition for Alien Relative) on your behalf. The petitioner can submit the application either by mail or online. When submitting the application, the petitioner needs to provide documents proving the familial relationship, such as birth certificates, marriage certificates, etc.

The day USCIS accepts your immigrant petition is your Priority Date. The Priority Date essentially represents your place in line for a green card. Green cards are issued based on quotas, and certain categories have a limited number of visas available each year. Therefore, the Priority Date determines your position in line and affects when your I-485 can be filed. You can check here to determine when you can submit an I-485 to USCIS.

• If you are an immediate relative of a U.S. citizen (spouse, unmarried child under 21, or parent), you are not subject to immigration quotas. You can submit both Form I-130 and Form I-485 simultaneously.

• If you fall into another relative category (such as the spouse or child of a green card holder or the adult child of a U.S. citizen), your I-130 Priority Date must be current before you can file Form I-485. Please check this website to find out when you can submit the I-485 application. 

3. Prepare the I-485 Adjustment of Status Application (Application Fee: $1,440)

Based on the I-130 petition submitted by your U.S. relative, you can apply to USCIS to adjust your current nonimmigrant status to permanent resident status (green card holder) in the U.S. It’s important to note that green card applicants must prove that they entered the U.S. with a valid nonimmigrant visa and have continuously maintained their nonimmigrant status.

The applicant must complete Form I-485, provide all required supporting documents (such as a copy of the passport, I-94 entry record, birth certificate, etc.), and pay the relevant fees. USCIS also requires green card applicants to complete a medical examination with a USCIS-designated civil surgeon and submit Form I-693.

When submitting Form I-485, green card applicants may also choose to submit Form I-765 to apply for a work permit ($260 application fee) and Form I-131 to apply for an Advance Parole, a travel permit ($630 application fee). These permits allow the green card applicant to temporarily work and travel internationally before receiving the green card.

Finally, the U.S. relative who submitted the I-130 petition must also provide Form I-864, the Affidavit of Support, to demonstrate their financial ability to support the green card applicant, ensuring that the applicant will not become a public charge in the U.S. The sponsor must have sufficient income or assets to support the family member, typically at least 125% of the federal poverty line. The sponsor’s income may include wages, investment income, rental income, etc. The sponsor must provide tax returns, pay stubs, and other documents as proof of income. If the sponsor uses assets to meet the financial requirements, the value of the assets should be at least five times the shortfall (or three times in the case of a U.S. citizen spouse). If the sponsor’s income is insufficient, a joint sponsor or personal assets can be used to meet the financial requirements.

4. Submit Paper Application

Currently, USCIS does not allow green card applicants to submit Form I-485 (or Form I-765 or Form I-131) online. Therefore, you must mail Form I-485, other immigration forms, and all supporting documents to the USCIS-designated Lockbox address. We recommend that you keep copies of all submitted materials for your records.

Once you submit this application, you are generally considered “authorized to stay in the US,” even if your original status expires during the application process. This is commonly referred to as being “in a period of authorized stay.”

Please keep in mind that if you need to travel outside the United States while the I-485 application is pending, you must file Form I-131 and obtain Advance Parole before leaving. If you depart the U.S. without obtaining travel authorization, your I-485 application may be considered abandoned, and USCIS could deny your application. While certain visa categories (such as H-1B and L-1 as well as their family) may allow re-entry to the U.S. without prior travel authorization, it is strongly recommended that you consult an immigration attorney before leaving the U.S. to ensure compliance with all requirements.

5. Biometrics Collection

Two to four weeks after submitting Form I-485, you will receive a biometrics appointment notice from USCIS, instructing you to visit a designated Application Support Center (ASC) for fingerprinting and photo collection. You should bring the biometrics notice and valid identification to the ASC at the scheduled time. If you cannot attend the appointment, be sure to reschedule your appointment before the designated date.

6. Wait for Processing and Interview

After receiving your application, USCIS will review it in the order it was received and may request additional documents or conduct a background check. You can check the status of your case on the USCIS website.

Currently, most family-based adjustment of status applicants do not need to attend an interview. However, if the USCIS officer deems an interview necessary, USCIS will send an interview notice with the time, location, and required documents. You should prepare all relevant documents and familiarize yourself with your application before the interview.

7. Await Decision

If your application is approved, you will receive an I-485 approval notice (Form I-797) and your green card within a few weeks. After receiving your green card, you will become a lawful permanent resident of the U.S. As a permanent resident, you must abide by U.S. laws and maintain your permanent resident status. If you plan to travel abroad for an extended period, make sure you understand and follow USCIS requirements to avoid jeopardizing your permanent resident status.

If your application is denied, USCIS will send a letter explaining the reasons for the denial and inform you of your appeal or other options. We suggest you check with an attorney to determine your eligibility to appeal as soon as possible.