Adjustment of Status

Applying for a Green Card Without Leaving the Country

When Carlos filed an immigrant petition for his wife, who’d entered the U.S. on a valid visitor visa, they didn’t have to send her back to her home country for a consular interview. She could apply to become a permanent resident right here in California, without ever leaving. That process, adjusting status from inside the United States, is one of the most significant advantages available to immigrants who entered the country lawfully and have an approved or approvable petition. It’s also one of the most paperwork-heavy applications you’ll encounter in the immigration system, and the details matter more than most people realize going in.

Adjustment of status is the formal name for becoming a lawful permanent resident, getting a green card, without leaving the United States. The application is Form I-485, filed with U.S. Citizenship and Immigration Services. Instead of attending an interview at a U.S. consulate abroad, you complete the entire process domestically, from filing through fingerprints through interview, all while continuing to live and, in many cases, work in the U.S.

Not everyone can adjust status from inside the country. Three conditions generally need to line up. First, you typically need to have been admitted or paroled into the United States, meaning you entered with inspection at a port of entry, not without authorization. Second, a visa number needs to be available in your category at the time you file, which for immediate relatives of U.S. citizens is essentially always immediately available, since that category isn’t subject to numerical limits, but for other family and employment categories can mean years of waiting. Third, you can’t be subject to a “bar” that makes you ineligible, something we’ll get into further down this page. If adjustment of status isn’t available to you, consular processing is the alternative path, and it’s worth understanding both before deciding which direction your case takes.

Filing Everything at Once

One of the most useful features of the adjustment process is concurrent filing, which means submitting your I-485 adjustment application at the same time as the underlying immigrant petition, usually Form I-130 for family cases or Form I-140 for employment cases. You don’t always have to wait for the petition to be approved before filing the adjustment application. When a visa number is immediately available in your category, USCIS generally allows you to file both forms together in the same package.

This matters because it collapses the timeline. Instead of waiting months or longer for USCIS to approve the petition and then filing the I-485 separately, concurrent filing lets both applications move through the system in parallel. For immediate relatives of U.S. citizens, spouses, unmarried children under 21, and parents, visa numbers are not subject to numerical limits and so are essentially always available, which means concurrent filing is almost always an option. For other categories, it depends on the monthly visa bulletin, which USCIS publishes to show which priority dates are current.

Concurrent filing also unlocks something practical that many applicants don’t realize until they’re already deep in the process: the ability to apply for work authorization and travel permission at the same time as the green card application itself.

What You Can Do While Your Case Is Pending

A pending I-485 doesn’t freeze your life. When you file for adjustment of status, you can simultaneously file Form I-765 for an Employment Authorization Document, commonly called an EAD, and Form I-131 for Advance Parole, which is travel permission to leave and re-enter the U.S. while your case is pending. Under current USCIS fee rules, the I-765 and I-131 generally carry their own filing fee when filed with an I-485, and USCIS generally expects a separate payment for each form, though this has changed over time and depends on your category and how the forms are filed. Submitting a single combined payment for multiple forms can result in your entire filing package being rejected. Fee rules and amounts change, so confirm the current requirements on the USCIS Fee Schedule page before filing (information current as of June 2026).

USCIS has changed how it issues these documents over time. In some periods it has sent the EAD and Advance Parole as separate documents, and in others it has issued a single combined card; current practice can also depend on your category and how your forms were filed, so confirm what applies to you with USCIS. What matters for you either way is this: an EAD alone does not authorize travel or re-entry to the U.S. Only an approved Advance Parole document, whether it arrives as its own document or as part of a combined card, permits you to leave and return while your case is pending. If you receive an EAD before any travel authorization arrives, don’t assume one document covers both purposes.

The EAD lets you work legally for any employer in the United States while your green card application is being processed. This is particularly significant if you’re on a visa status that doesn’t allow employment or restricts you to a single employer. For more detail on how the EAD works and its limitations, see the work authorization overview.

Advance Parole is the travel side of the equation, and it requires more caution. Having an Advance Parole document generally allows you to travel abroad and re-enter the U.S. without your pending adjustment application being considered abandoned. Even with an approved Advance Parole document, CBP officers at the port of entry have discretion over whether to parole you back into the country. And travel while a case is pending is one of those areas where general rules break down fast depending on individual circumstances. If you entered without inspection, overstayed a visa, or have any prior immigration issues, traveling could trigger bars to re-entry that the Advance Parole document doesn’t override. Before booking any international travel with a pending I-485, read the travel while pending page carefully, and talk to a lawyer first. This isn’t an area where getting it wrong is fixable after the fact.

When Something Blocks the Path

Not every adjustment application moves forward smoothly, and some can’t move forward at all. Certain circumstances create what immigration law calls “bars” to adjustment, conditions that make a person ineligible regardless of whether they have an approved petition and a visa number available.

The most common bars involve unlawful presence, which is time spent in the U.S. after a visa expired or without any authorized status. If someone accrues more than 180 days of unlawful presence and then leaves the country, they can trigger a three-year or ten-year bar on re-entry. For people adjusting status from inside the U.S. as immediate relatives of a U.S. citizen, unlawful presence generally doesn’t bar adjustment itself, as long as they remain in the United States and don’t trigger re-entry bars by departing. That’s a significant distinction that surprises many applicants. But for people in other categories, or for those who departed and re-entered, the analysis gets complicated quickly.

Visa violations, such as working without authorization or failing to maintain student status, can also create problems. Prior deportation or removal orders are another serious bar. If someone was previously ordered removed and re-entered without permission, adjustment of status is generally unavailable without first obtaining specific permission from USCIS or an immigration judge.

In some situations, a waiver may be available to overcome a bar. The I-601 waiver, for example, can forgive certain grounds of inadmissibility if the applicant can show that a qualifying U.S. citizen or permanent resident relative would suffer extreme hardship without them. Waivers are discretionary, meaning USCIS doesn’t have to grant them even if the technical requirements are met, and the standard for “extreme hardship” is higher than most people expect. If a bar applies to your situation, this is not something to navigate without legal help. A qualified immigration attorney can evaluate whether a waiver is realistic in your specific case, and free or low-cost legal help is available throughout California.

The Adjustment Interview

Most adjustment applicants are called in for an in-person interview at a local USCIS field office. The interview is where an officer reviews your application, verifies your identity, and asks questions about your eligibility. For marriage-based cases, the officer will typically ask about the history and nature of the relationship to confirm the marriage is genuine. For employment-based cases, the interview may be waived entirely, though USCIS has discretion to require one.

Before the interview, USCIS typically schedules a biometrics appointment where your fingerprints and photograph are taken. This usually happens a few weeks after filing and is a required step, not optional.

At the interview itself, bring originals of every document you submitted as a copy with your application: passports, birth certificates, marriage certificates, tax returns, proof of shared financial life for marriage cases, and any employment verification letters. Bring the interview appointment notice. Bring your I-94 record, your EAD and Advance Parole document if you have them, and any updated evidence that wasn’t available when you originally filed. Officers generally appreciate organized documentation, and showing up prepared tends to make the process go more smoothly than showing up and hoping for the best.

California-Specific Considerations

California’s immigrant population is the largest in the country, and the state’s USCIS field offices reflect that volume. Wait times for interview scheduling and case adjudication can be long at high-volume offices, and they change throughout the year, so check the current USCIS processing times for your field office rather than relying on a fixed estimate. That uncertainty is part of why the concurrent filing strategy can be valuable: the EAD and Advance Parole benefits can come through while you wait. California also offers state-level protections that can ease the period between filing and approval, including access to driver’s licenses through AB 60, which the California DMV describes as available to people who cannot provide proof of legal presence but who meet the state’s identity and residency requirements (as of June 2026). Depending on current state rules, you may also have access to Medi-Cal, though eligibility for immigrants has been changing; California began limiting new full-scope enrollment for some adults based on immigration status in 2026, so confirm what you qualify for with the state’s Medi-Cal program before counting on it.

If your adjustment application is denied, or if you’re placed in removal proceedings while a case is pending, California has one of the deepest networks of nonprofit legal organizations in the country. Finding qualified help is easier here than in most places, though it still takes more legwork than it should.

Next Steps

If adjustment of status looks like the right path for your situation, the most important thing you can do early is determine whether any bars apply to you before you file. An immigration attorney or accredited representative can review your entry history, visa status, and any prior immigration issues to flag problems before they become denials. Free and low-cost legal help is available across California through the Find Help directory.

If you’re ready to file, there are several things to get in order before you submit anything. First, complete the immigration medical exam (Form I-693) with a USCIS-designated civil surgeon. The I-693 must be submitted with your I-485, and USCIS can reject your entire application package if it’s missing. Schedule this exam early, since vaccinations and lab work can take time to complete. Second, download the current edition of Form I-485 directly from the USCIS website immediately before filing. USCIS periodically publishes new editions and rejects applications submitted on outdated forms. Third, gather your core documents: proof of lawful entry, your underlying petition or receipt number, civil documents like birth and marriage certificates, financial evidence for the affidavit of support, and passport-style photos.

As of late October 2025, USCIS will only accept electronic payments for paper-filed forms, with a limited set of exemptions, according to a USCIS news release (as of June 2026). In general, you’ll need to pay electronically, either by credit or debit card using Form G-1450 or by ACH bank transfer using Form G-1650. If you don’t have a U.S. bank account, prepaid cards are generally accepted through Form G-1450. Each form in your filing package typically requires its own separate fee and its own separate payment. Payment rules can change, so confirm the current fee amounts and accepted payment methods on the USCIS Fee Schedule page before mailing anything (information current as of June 2026).

If adjustment of status isn’t available to you, whether because of a bar, because you’re outside the United States, or because your category requires it, consular processing is the alternative route and has its own procedures and timeline. Understanding both options is the best way to make an informed decision about how to move forward.

Last reviewed by the California Tomorrow editorial team

This page is general information about California immigration topics. It is not legal advice and does not create an attorney-client relationship. Laws and policies change. For advice about your specific situation, consult a qualified immigration attorney or DOJ-accredited representative. Free and low-cost help is available across California.