How Does Adjustment of Status Work for Applicants Already in the United States?
July 5, 2026
Adjustment of status allows an eligible applicant already in the country to request a green card through U.S. Citizenship and Immigration Services (USCIS). Eligibility depends on the applicant’s immigration category, manner of entry, visa availability, admissibility, and any applicable adjustment bars.
During this process, applicants often have questions about filing requirements, processing times, employment authorization, and international travel. Reviewing these issues before filing may help identify documentation gaps or immigration history concerns that could delay or jeopardize an application.
At Corbaci Law, P.C., we help individuals and families determine whether they may apply for lawful permanent residence without leaving the United States. From our offices in Marlborough and Woburn, Massachusetts, we assist clients from Boston, Framingham, and surrounding communities with adjustment of status and related immigration matters. Contact us to discuss whether this process may be available in your circumstances.
What Adjustment of Status Means
Adjustment of status is the process through which an eligible person physically present in the United States applies to become a lawful permanent resident. If USCIS approves the application, the person receives a green card without completing immigrant visa processing at a U.S. consulate abroad.
Most applicants file Form I-485, Application to Register Permanent Residence or Adjust Status. Depending on the immigration category, the applicant may also need an approved immigrant petition, such as a family-based Form I-130 or employment-based Form I-140. In some cases, the petition and adjustment application may be filed together. In others, the applicant must wait until USCIS approves the petition and an immigrant visa becomes available.
Filing Form I-485 does not automatically establish eligibility or guarantee approval. USCIS reviews how the applicant entered the country, whether a visa is available, whether any grounds of inadmissibility apply, and whether the person is subject to a statutory adjustment bar. Approval is also discretionary.
Who May Qualify for Adjustment of Status?
Eligibility depends on the immigrant category and the applicant’s individual history. In general, many applicants must have been inspected and admitted or paroled into the United States, although exceptions apply to certain categories. An immigrant visa must ordinarily be immediately available when Form I-485 is filed and when USCIS makes its decision.
Potential applicants may include:
Immediate relatives of U.S. citizens and certain other family-sponsored beneficiaries
Employment-based beneficiaries with qualifying petitions and available immigrant visas
Refugees and asylees who meet the applicable residency and timing requirements
Certain humanitarian and special immigrant applicants
An approved immigrant petition alone does not necessarily make someone eligible to adjust status. Unlawful entry, unauthorized employment, failure to maintain lawful status, prior removal proceedings, misrepresentation, criminal history, and other circumstances may affect the application. Some adjustment bars do not apply to immediate relatives of U.S. citizens, and waivers or other exceptions may be available in limited situations.
We review the applicant’s immigration history, entry records, prior applications, and supporting documents before recommending a filing strategy. That review can reveal issues that should be addressed before materials are submitted to USCIS.
Employment Authorization While the Application Is Pending
A pending adjustment application does not, by itself, authorize employment. Applicants who do not already have independent permission to work generally must obtain an Employment Authorization Document before accepting employment.
Many applicants with a pending Form I-485 may request employment authorization by filing Form I-765. Depending on current USCIS filing rules and the applicant’s circumstances, Form I-765 may be filed with Form I-485 or after USCIS issues the adjustment application’s receipt notice.
USCIS processing times vary, and filing Form I-765 does not provide immediate permission to work. An applicant should not begin or continue unauthorized employment while waiting for a decision. Although some adjustment categories provide limited exceptions for prior unauthorized employment, those exceptions do not create current work authorization.
We help clients determine whether they qualify for an adjustment-based EAD, prepare the required documentation, monitor notices, and address renewal or processing concerns. Because employment decisions can affect both financial stability and immigration status, applicants should confirm their authorization before starting a new position or allowing an existing document to expire.
Can You Travel While Form I-485 Is Pending?
International travel can affect a pending adjustment of status application. USCIS generally considers Form I-485 abandoned if the applicant leaves the United States without first obtaining advance parole, although limited exceptions apply to certain individuals maintaining qualifying H, L, K, or V status.
Applicants may request advance parole by filing Form I-131. Approval allows the person to seek parole into the United States after travel, but it does not guarantee reentry. U.S. Customs and Border Protection makes the decision at the port of entry.
Travel may also create additional concerns for applicants with prior unlawful presence, immigration violations, removal orders, or other admissibility issues. Before making reservations or leaving the country, an applicant should determine how departure could affect the pending case.
What to Expect During the Application Process
The process generally begins by confirming the applicant’s immigration category, visa availability, and adjustment eligibility. The applicant then prepares Form I-485 and the supporting materials required for that category. These may include identity documents, immigration records, evidence of the qualifying family or employment relationship, financial sponsorship documents, and medical examination materials.
After USCIS receives the application, it generally sends a receipt notice containing a case number. This notice confirms receipt; it does not mean USCIS has approved the application or determined that the applicant qualifies.
The remaining stages may include:
Attending a biometrics appointment
Responding to a request for evidence or notice of intent to deny
Completing an interview, if USCIS requires one
Receiving a written decision on the application
At the biometrics appointment, USCIS collects the applicant’s fingerprints, photograph, and signature to conduct identity, background, and security checks. If the filing contains missing, inconsistent, or insufficient documentation, USCIS may issue a request for additional evidence. Applicants should submit a complete response by the stated deadline, as an incomplete or untimely response may lead to denial.
Interviews are common in many family-based cases and may occur in other categories. Applicants should be prepared to discuss their eligibility, immigration history, and supporting evidence truthfully and consistently. Processing times vary according to the immigration category, visa availability, USCIS workload, and the office handling the application.
How Corbaci Law, P.C. Helps Adjustment-of-Status Applicants
Adjustment of status can allow an eligible applicant to pursue permanent residence without returning abroad for consular processing, but remaining in the United States does not guarantee approval. Entry history, visa availability, admissibility, filing requirements, and prior immigration conduct must all be evaluated.
At Corbaci Law, P.C., we assess eligibility, prepare adjustment and related applications, organize supporting evidence, respond to USCIS requests, and help clients prepare for interviews. We also advise applicants about employment authorization and travel while Form I-485 remains pending.
With offices in Marlborough and Woburn, Massachusetts, we serve individuals and families in Boston, Framingham, and nearby communities. Contact our firm to schedule a consultation and discuss whether adjustment of status is appropriate for your immigration goals.