Build a Complete Adjustment of Status Package Before You File

An adjustment of status package is the set of forms, evidence and fees you file with USCIS to request a green card while you are inside the United States. Here is what goes in it and how to avoid the mistakes that slow filings down.

What an Adjustment of Status Package Is and Who It Fits

An adjustment of status package asks USCIS to change your status to lawful permanent resident. The basic legal test comes from 8 U.S.C. § 1255. You must have been inspected and admitted or paroled, or have an approved petition for classification as a VAWA self-petitioner; you must apply, and you must be eligible for an immigrant visa and admissible to the United States for permanent residence. A visa must also be immediately available when you file.

The rules for who may apply are in 8 C.F.R. § 245.1. That rule says a person physically present in the United States may apply if they are eligible and a visa is available at filing. Some people are barred, so check your history first.

Family-based, employment-based and other cases use different supporting documents. Start by confirming your category. Then build the package around it.

For the full process, read our adjustment of status overview.

Forms Checklist: What Goes Into the Package

Form I-485 is the core application. Read every part and mark the parts that apply to you. Leave none blank without a reason.

Form I-693 is the medical examination.

Form I-864 is the affidavit of support. An intending immigrant is inadmissible as likely to become a public charge unless a sponsor signs the affidavit in the cases the rule specifies. A joint sponsor or substitute sponsor may be needed. See 8 C.F.R. § 213a.2.

Forms I-765 and I-131 are common companion forms. Add them when your case calls for work permission or travel permission.

Form I-130 is the family petition. Under 8 C.F.R. § 245.2, a visa petition and an adjustment application are concurrently filed only if specific conditions are met. 8 C.F.R. § 245.2 says that if, at filing, approval of a visa petition filed for classification under section 201(b)(2)(A)(i), section 203(a) or section 203(b)(1), (2) or (3) of the Act would make a visa immediately available, the adjustment application is properly filed whether submitted concurrently with or after the visa petition, if it meets the filing requirements. 8 C.F.R. § 245.2 reads: “(B) If, at the time of filing, approval of a visa petition filed for classification under section 201(b)(2)(A)(i), section 203(a) or section 203(b)(1), (2) or (3) of the Act would make a visa immediately available to the alien beneficiary, the alien beneficiary’s adjustment application will be considered properly filed whether submitted concurrently with or subsequent to the visa petition, provided that it meets the filing requirements contained in parts 103 and 245.”

For a principal grandfathered alien seeking to adjust status under section 245(i), the evidence must establish physical presence in the United States on December 21, 2000, unless the qualifying petition or application was filed on or before January 14, 1998, under 8 C.F.R. § 245.10. This requirement does not apply with respect to a spouse or child accompanying or following to join a principal alien who is a grandfathered alien as described in this section.

Check photos, signatures and page completion before you mail anything. A missing page can delay a filing.

Evidence Checklist: Documents to Gather

Gather identity papers first. These include your passport biographic pages, your birth certificate and any national identity documents you have.

Next, collect proof of your status history. This includes Form I-94 records, visa stamps and prior USCIS approval notices.

Family cases need relationship proof.

Financial evidence matters for the affidavit of support. Under 8 C.F.R. § 213a.2, if the sponsor had no legal duty to file a federal income tax return for the most recent tax year, the sponsor must explain why. If the sponsor claims no duty to file for any reason other than the level of income, the initial evidence must also include evidence of the amount and source of the income claimed exempt from taxation, plus a copy of the statute, treaty, or regulation supporting the claim. The sponsor may also submit three years of returns. Pay stubs and employer letters can support the income claim.

Foreign-language documents usually need a certified English translation with the translator’s certification.

Disclose your criminal and immigration history accurately. Review it before you file. Errors here can cause serious problems later.

Organize the packet with an index. Keep copies and originals separate. Spell your name the same way on every document.

USCIS Filing Fees and Related Costs

USCIS fees are required as provided in 8 C.F.R. part 106, under 8 C.F.R. § 103.7. Fees change over time, so check the current amount on the USCIS fee schedule before you file.

Fee categories may include the I-485 fee, the I-765 and I-131 fees when those forms apply, and biometric fees where USCIS still assesses them.

Other costs are separate from USCIS fees. These include civil surgeon fees for the I-693 exam, certified translation costs, document ordering fees and postage or courier costs.

Pay exactly as USCIS directs. A rejected or incorrect payment can cause the filing to be returned.

Timing, the Visa Bulletin and Concurrent I-130 Filing

Your priority date and the Visa Bulletin show when a green card number is available in your category. A visa must be available when you file, under 8 U.S.C. § 1255.

This can save steps in an eligible family case.

USCIS publishes processing time estimates by form and office. These estimates change, so do not treat any single estimate as fixed.

While your case is pending, keep your status and documents current. Changes in your situation can affect the case.

How the Process Unfolds After Filing

When your receipt notice arrives, check your name, date of birth and receipt number right away. A small error should be reported to USCIS quickly.

Watch for a biometrics appointment notice. Bring the documents the notice lists.

USCIS may send a Request for Evidence or a Notice of Intent to Deny. Respond completely and on time. A partial response can hurt your case.

Some family and employment cases include an interview. Bring originals and be ready to explain your relationship and history.

If USCIS approves the application, your permanent residence is recorded as of the date of the approval order, under 8 C.F.R. § 245.2. If USCIS denies it, the rule says no appeal lies from the director’s denial. An applicant who is not an arriving alien may renew the application in removal proceedings under 8 CFR part 240. A parolee who meets the two conditions described in § 245.2(a)(1) may also renew a denied application in those proceedings to determine admissibility, but the rule does not entitle anyone to those proceedings who is not otherwise entitled to them.

Why AG Immigration Law Handles These Packages

AG Immigration Law P.A. focuses on removal defense, adjustment of status, family petitions, naturalization, removal of conditions on green cards, waivers and BIA appeals. Adriana Gomez is the lawyer responsible for this page.

Our support staff help organize documents, track deadlines and keep the packet indexed. Legal advice comes from our lawyers.

A complicated history may call for a waiver or a separate filing. Some matters may be referred to another lawyer or firm when that is appropriate.

Our team reviews your package before it goes to USCIS. We can help you decide what belongs in it.

Frequently Asked Questions and Next Step