Adjustment of Status

Adjustment of status is a form of relief from removal available to certain individuals that have an immigrant visa immediately available. Under this form of relief, your status is "adjusted" to that of a lawful permanent resident.

• To be eligible for adjustment of status under INA § 245, you must establish that:
• You were inspected and admitted or paroled into the United States or you are a VAWA self-petitioner with an approved I-360.
• You have an approved visa petition, such as a Form I-130, Form I-140, Form I-360, or Diversity Visa.
• An immigrant visa is immediately available at the time your application is filed. This means the priority date as listed in the Department of State Visa Bulletin, if applicable, must be current.
• You are admissible to the United States for permanent residence.
• You deserve a grant of adjustment of status as a matter of discretion.
• Note: Even if you were not inspected and admitted or paroled into the United States, you may be eligible for adjustment of status. If you were not inspected or admitted or paroled into the United States, you have additional requirements you must comply with when submitting your application. See "How do I apply for Adjustment of Status" for more information.

To apply for adjustment of status, you will need to complete an Application to Register Permanent Residence or Adjust Status, Form I-485, and file it with the appropriate immigration court. You should carefully review the instructions to the Form I-485 before you complete the application and file it with the immigration court.

You must also pay the filing and biometrics fees and comply with the Department of Homeland Security (DHS) instructions for providing biometric and biographic information to USCIS.

You are also required to file a copy of your application with USCIS. Please refer to the resources provided by USCIS or call the National Customer Service Center at 1-800-375-5283 for the most current information about where to file the copy of the application that you file with the immigration court.

If granted adjustment of status, your status will be adjusted to that of a lawful permanent resident. Evidence of lawful status is obtained through the Department of Homeland Security. Please refer to the resources provided by USCIS for more information on this process.

To determine if you may be eligible for naturalization or to apply, please see the citizenship and naturalization resources provided by USCIS.