Adjustment of Status: Getting a Green Card Inside the US

There are two ways to get a green card. You can apply from inside the United States by filing Form I-485 with USCIS (adjustment of status), or from outside through a US embassy or consulate (consular processing).

To adjust status, you generally must:

• Be physically present in the United States
• Have been inspected and admitted or paroled when you entered (people who entered without inspection usually cannot adjust, with narrow exceptions)
• Have a basis for a green card, such as an approved or pending family or employment petition, a Diversity Visa selection, or refugee or asylee status
• Have an immigrant visa number immediately available under the Visa Bulletin, unless you are in a category with no annual limit
• Not be barred by a ground of inadmissibility, such as certain crimes, fraud, or immigration violations

Some bars on adjustment, such as working without permission or falling out of status, do not apply to immediate relatives of US citizens. Employment-based applicants may be forgiven up to 180 days of status violations in some cases. These rules are technical, which is one more reason to get legal advice.

On May 21, 2026, USCIS issued policy memorandum PM-602-0199. It describes adjustment of status as "administrative grace" and an "extraordinary" form of relief that lets applicants skip the normal consular visa process. The USCIS announcement said adjustment would be granted "only in extraordinary circumstances."

What this means in practice:

• Discretion is now central. Meeting the legal requirements is no longer treated as enough. Officers weigh all positive and negative factors, and applicants with negative factors may need strong positive equities (such as long lawful residence, US citizen family, or steady employment) to be approved.
• The main target is people in temporary (nonimmigrant) status, such as visitors, students, and temporary workers who apply for a green card from inside the US.
• It applies to pending cases, not only new filings.
• No court had blocked the memo as of our last review. Lawyers expect legal challenges, so the situation can change.

Refugees and asylees adjust under a separate section of the law (INA section 209), and the memo is aimed mainly at adjustment under INA section 245. Even so, anyone filing an I-485 in 2026 should talk to a licensed US immigration lawyer before filing, especially if you entered on a visitor visa or ESTA, had any status gap, or have any arrest or immigration history. Filing and being denied can leave you out of status and, in some cases, referred to immigration court.

Each month, USCIS says whether you may use the Visa Bulletin's "Dates for Filing" chart or only the "Final Action Dates" chart. Check where your category stands with our Visa Bulletin tracker and read priority dates explained.

USCIS fees from the Form G-1055 fee schedule (edition dated September 9, 2026):

Some applicants pay no I-485 fee, including refugees and certain humanitarian categories. Biometrics are included in the fee. You also pay a civil surgeon for the medical exam (Form I-693), and lawyer fees if you hire one. Fees change, so confirm them on the USCIS fee schedule before filing. Our sponsorship cost estimator can help you plan.

Work. You can apply for a work permit (Employment Authorization Document, or EAD) on Form I-765 with your I-485. Since December 5, 2025, new EADs based on a pending adjustment are valid for a maximum of 18 months, and renewals filed on or after October 30, 2025 no longer get an automatic extension while pending, so file renewals early. See EAD work permit.

Travel. If you leave the US while your I-485 is pending without advance parole, USCIS usually treats your application as abandoned. The main exception is people in valid H-1B, H-4, L-1, or L-2 status who return on their visa. Travel in 2026 carries extra risk: the budget law passed in 2025 (Pub. L. 119-21) created a parole fee that US Customs and Border Protection may collect when you are paroled at the border. Read advance parole before booking a trip.

Changing jobs. Employment-based applicants whose I-485 has been pending for 180 days or more may be able to move to a same or similar job and keep the case alive (called AC21 portability, using Form Supplement J).

• Medical exam. A USCIS-designated civil surgeon completes Form I-693. For most applicants it must be filed together with the I-485.
• Public charge. A new public charge rule took effect on September 18, 2026. I-485s filed on or after that date must use the revised form, and officers judge whether you are likely to depend on government support by looking at the "totality of circumstances." Most family-based applicants also need a sponsor's Affidavit of Support (Form I-864). See public charge and our I-864 income calculator.
• Biometrics and interview. You attend a fingerprint and photo appointment. USCIS may interview you or waive the interview. Family cases, especially marriage cases, are usually interviewed.
• Holds. Since January 1, 2026, USCIS has held many pending applications from nationals of the 39 travel ban countries for extra review.

There is usually no appeal of an I-485 denial to a higher office. Depending on your situation, you may be able to file a motion to reopen or reconsider (Form I-290B), file again, or ask an immigration judge to review your application if you are placed in removal proceedings. If you have no other status when the denial arrives, you may start accruing unlawful presence, which can lead to bars on returning. Read RFEs and NOIDs to respond well before a denial, and speak to a licensed immigration lawyer as soon as a problem appears.