Can I Adjust Status Without Leaving the U.S.?

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Answer five questions and see whether you may be able to adjust status without leaving the U.S. before you file anything, in this free one-page flowchart from immigration attorney Linh Tran-Layton. 

Find Out If You Can Adjust Status Without Leaving the U.S.

Adjustment of status is the process of applying for a green card from inside the United States by filing Form I-485. If you cannot adjust status, the usual alternative is applying at a U.S. consulate abroad, which is called consular processing.

Which one applies to you depends on facts specific to you. Filing the wrong way can cost you time, and USCIS filing fees are generally not refunded if your application is denied.

My guide walks you through five checks, in order:

1. Are you inside the United States? Adjustment of status is processed in the U.S. If you are outside the U.S., you cannot adjust status.
2. Do you have a legal basis for a green card? For example, a family petition, an employment-based category, or another eligible immigration category.
3. Is a visa available to you now? Depending on your category and priority date, you may need to wait before filing Form I-485. You can check the Visa Bulletin.
4. How did you enter the United States? If you were inspected and admitted with a visa, or paroled, you may be eligible. If you entered without inspection, you generally cannot adjust status under the usual rules, unless an exception applies. If you are not sure how you entered, review your records and speak with an attorney.
5. Does anything on the issues list apply to you? The guide lists seven situations that can affect your eligibility. See the list below.

At the end of the flowchart, you land on one of two answers: you may be able to adjust status, or potential issues may affect your eligibility, and you should get legal advice before you file.

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