Eligibility to file for adjustment of status


For applicants who are not ‘immediate relatives’, the following requirements must be met in order for them to file a request to adjust status from within the United States (form I-485):

  • The applicant was properly admitted (or paroled) into the United States by a customs officer at a port of entry (no smuggling or “entry without inspection”).
  • The applicant entered the United States with a visa that was still valid at the time of the filing of the request to adjust status.
  • The applicant has not worked in the United States without work authorization.

If these conditions are not met, the applicant will have to go through consular processing, which involves leaving the United States for an interview at a consulate.