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Adjustment of Status Document Checklist

In support of your I-485 Adjustment of Status Application, we require the following information and documents for each applicant:

Adjustment of status: how the process works

Who can adjust status?

Using Form I-485, adjustment of status lets an eligible person already in the US become a lawful permanent resident without leaving the country. But not everyone can adjust. You generally need a visa immediately available and a lawful path you have maintained, with some exceptions. Put another way, adjustment is available only when an immigrant visa is immediately available and you meet the eligibility rules.

You generally qualify if you are physically present in the US, with an immigrant visa immediately available. A common example is an immediate relative of a US citizen, or a preference applicant whose priority date is current. You also need to have been inspected and admitted or paroled, and to have maintained eligibility.

Important exceptions and bars apply, so eligibility is fact-specific and one of the most important things to confirm before filing. Some categories, such as immediate relatives, are treated more leniently on status violations and unlawful presence bars.

AOS vs consular processing

Adjustment of status Consular processing
Where Inside the US US embassy abroad
Who Eligible applicants already here Those abroad, or who cannot adjust
While waiting Often work + travel authorization You remain abroad until issued
Form I-485 DS-260 via the NVC

Adjustment lets you stay in the US and often work and travel while you wait, while consular processing is required for people outside the US or who cannot adjust. If you are abroad, or cannot adjust, the alternative is consular processing through the National Visa Center. You complete that final green card step at a US consulate abroad, again through the National Visa Center. It uses Form DS-260, which you file with the National Visa Center. Which path applies depends on your location and eligibility, and sometimes on strategy when both are possible.

What you can file alongside the I-485

Good news for the wait ahead: you usually do not have to put your life on hold while the green card is pending. Along with the I-485, many applicants also file Form I-765 for a work permit and Form I-131 for advance parole to travel. These filings can provide interim work and travel authorization while the green card is pending.

One caution matters most here. Do not travel on a pending I-485 without advance parole, because leaving without it can, in some cases, be treated as abandoning your application.

The interview and the timeline

We know waiting is one of the hardest parts, so here is what shapes it. Adjustment often includes an interview, and the total time varies by category and USCIS workload. Employment and family cases move on different timelines. Preference cases also depend on the priority date staying current. Check the current USCIS processing times for Form I-485 at the office handling your case. You can look these up on the USCIS processing times page.

Travel and other risks

Travel during a pending adjustment is the most common way applicants get into trouble. In most cases, you can travel only with advance parole (Form I-131) approved before you leave. Beyond the abandonment risk, prior unlawful presence can also create reentry problems if you leave. Because these risks are personal to your case, confirm your situation before you travel or file.

Whether you can adjust, whether AOS or consular processing fits you, and what to file together are case-specific judgments a licensed Ellis Porter attorney can walk through with you.

This article is general information, not legal advice, and does not create an attorney-client relationship. Eligibility to adjust status depends on the specific facts of your case. Consult a licensed immigration attorney before filing or traveling.

Adjustment of status questions

What is adjustment of status?

Adjustment of status is the process, using Form I-485, by which an eligible person already in the US becomes a lawful permanent resident (green card holder) without leaving the country. It is available when an immigrant visa is immediately available and the applicant meets the eligibility rules. It is the in-country alternative to consular processing, which is done at a US embassy abroad.

Who is eligible for adjustment of status?

Generally, someone physically present in the US with an immigrant visa immediately available (for example, an immediate relative of a US citizen, or a preference applicant whose priority date is current) who was inspected and admitted or paroled and has maintained eligibility. There are important exceptions and bars, so eligibility is fact-specific and one of the most important things to confirm before filing.

Can I work while my adjustment of status is pending?

Often yes. Many applicants file Form I-765 for a work permit (EAD) along with the I-485, and Form I-131 for advance parole to travel. These can provide work and travel authorization while the green card is pending. You should not travel without the proper authorization, since leaving without advance parole can, in some cases, be treated as abandoning the application.

How long does adjustment of status take?

It varies by category and USCIS workload, and often includes an interview. Employment and family cases move on different timelines, and preference categories also depend on the priority date remaining current. Check current USCIS processing times for Form I-485 at the office handling your case. Filing the work and travel applications together can provide interim benefits while you wait.

Related reading

Birth Certificates (with translation)

Please provide a copy of your birth certificate. Birth certificates must conform to the Department of State (DOS) guidelines for birth documents from your country of birth, which you can view here.

If your birth certificate is not in English, you will also need to provide a certified translation. If you do not already have a translation, please let us know and we can help you obtain one.

Marriage Certificate and/or Prior Divorce Decree

If you are married, please provide a copy of your marriage certificate. If you were previously married, please also provide a copy of your divorce decree(s). Marriage certificates and divorce records must also conform to Department of State guidelines for documents from the country where the marriage or divorce was finalized. You can view the DOS document requirements here.

If your marriage certificate or divorce decree is not in English, you will also need to provide a certified translation. If you do not already have a translation, please let us know and we can help you obtain one.

Passport Biographical Information Page and US Visa/Entry Stamps

Please provide a copy of the biographical information page of your most current passport. Please also provide copies of all US Port of Entry stamps and US visa stamps in any current or prior passport. You do not need to provide copies of blank passport pages.

I-94 Record

Please provide a copy of your most recent I-94 arrival/departure record, which you can access at the CBP website.

Nonimmigrant Status Documents

Please provide a copy of all nonimmigrant status documents ever issued to you. Depending on your nonimmigrant history, this may include:

  • Form I-20s

  • Form DS-2019

  • Form I-129 Approval Notices

J-1 Status Documents

If you ever held J-1 or J-2 nonimmigrant status, and you were subject to the two-year home-country physical presence requirement, please provide either:

  • A copy of your J-1 waiver approval notice (I-612); or

  • Evidence that you have satisfied the two-year home-country physical presence requirement

If you are a physician who received a J-1 waiver under the Conrad 30 program, please also include a letter from your Conrad 30 employer or relevant State Health Department confirming that your Conrad 30 employment obligations have been satisfied.

Employment Authorization Documents (EAD)

Please provide a copy of all EADs ever issued to you. Please include copies of the front and back of EAD card.

I-140 and PERM Labor Certification Documents

If Ellis Porter did not prepare your underlying I-140 Immigrant Petition, please provide us with a copy of your I-140 Approval Notice.

For PERM-based I-140s, we will also need a copy of your approved ETA 9089 Labor Certification or a copy of the originally-filed I-140 Immigrant Petition.

Physicians, Nurses, Physical Therapists and Other Healthcare Workers

If you are a physician, registered nurse, physical therapist or work in another healthcare occupation that requires a professional license, please provide a copy of your current license.

Also, please provide a copy of your Visa Screen certificate if you work in one of the following healthcare occupations:

  • Registered Nurse

  • Physical Therapist

  • Physician Assistant

  • Occupational Therapist

  • Audiologist

  • Speech Language Pathologist

  • Clinical Laboratory Technician / Medical Laboratory Technician

  • Clinical Laboratory Scientist / Medical Laboratory Technologist

Photographs

Each applicant will also need to obtain six (6) identical passport photographs that meet the DOS passport photograph guidelines.

Medical Examination

Each applicant will need to obtain a medical examination performed by a physician approved by USCIS (also called a “civil surgeon”). After the exam, the physician will complete a Form I-693 and seal the form in an envelope, which you must send to us so we can include it with your Adjustment of Status application. Do not open the sealed envelope.

You can find a list of approved USCIS physicians here.

When to Submit the Medical Examination

A medical examination must be submitted at the time an Adjustment of Status application is filed.

In general, there is no expiration date for I-693 medical examinations signed on or after November 1, 2023. However, USCIS may request additional evidence or a new examination if they have reason to believe the submitted form is not accurate.

Information About Upcoming Travel Plans

You must be physically present in the US to file an I-485 Adjustment of Status application. Please let us know of any potential international travel plans (including to Mexico and Canada) for any applicant, as this may affect the I-485 application filing strategy.

To learn how we can help simplify your immigration experience, contact us today.

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