I-485 Adjustment of Status
For applicants already in the U.S. who are eligible to apply for permanent residence without leaving the country.
Overview
Form I-485 lets eligible applicants apply for lawful permanent residence without leaving the U.S. Eligibility depends on an underlying immigrant category (family, employment, etc.), visa availability, and admissibility (or approved waivers).
Who Can File & When
- In most categories, you file after the petition is approved and a visa is available per the Visa Bulletin; in some cases you can file concurrently with the immigrant petition (e.g., certain I-140s) if USCIS says the month’s chart allows it.
Key Issues for Employment-Based AOS
- Unauthorized employment/status bars under INA 245(c) (with limited exceptions); 245(k) can forgive an aggregate of up to 180 days of certain violations for many EB applicants.
- Portability (AC21 / INA 204(j)): After your I-485 has been pending 180+ days, you may change to a same or similar job with the Supplement J process.
What’s Filed
- I-485 (and often I-765 for work card & I-131 for advance parole), I-693 medical, civil docs, financials (if family-based), employer letters (if EB), and other category-specific items. USCIS reviews eligibility, admissibility, and may schedule an interview.
Timeline
- Varies by category, visa availability, and local field office. Work/travel benefits (EAD/AP) are typically adjudicated while the I-485 is pending.
FAQs
- Can I travel while I-485 is pending? Usually only with advance parole, unless you hold a status that allows reentry (consult counsel).
- Do all applicants interview? Most do; USCIS may waive in limited situations.