Adjustment of Status: What Applicants Should Know Before Applying

The dream of becoming a permanent resident of the United States often culminates in a process known as Adjustment of Status. This is the legal procedure used by individuals who are already physically present in the U.S. to change their immigration status from “non-immigrant” to “immigrant,” ultimately resulting in a green card. Unlike consular processing, which requires you to return to your home country for an interview, adjustment of status allows you to stay in the country with your family and continue your life while your application is pending.

However, just because you are already in the country does not mean the process is automatic or easy. As of 2026, USCIS has implemented more rigorous digital screening tools and updated fee structures that make the “do it yourself” approach increasingly risky. Understanding the eligibility rules, the common pitfalls, and the importance of timing can mean the difference between receiving your green card and facing a denial.

Determining Your Eligibility to Adjust

The very first step in the process is determining if you are legally eligible to adjust your status. Not everyone who is in the U.S. on a visa can apply for a green card through this method. Generally, you must meet three core requirements:

• Legal Entry: You must have been inspected and admitted or paroled into the United States. This usually means you entered with a valid visa or through a program like the Visa Waiver Program.
• Available Visa: You must have an approved immigrant petition (such as an I-130 for family or I-140 for employment) and a visa must be immediately available in your category.
• Maintaining Status: For many categories, you must have maintained legal non-immigrant status since your arrival. However, “immediate relatives” of U.S. citizens, such as spouses or parents, are often exempt from this requirement if they entered legally.

If you entered the country without inspection, you generally cannot use the adjustment of status process unless you qualify for specific, narrow legal exceptions. In those cases, you might need to pursue consular processing combined with a hardship waiver.

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The Role of the I-485 Application

The central document in this process is Form I-485, Application to Register Permanent Residence or Adjust Status. This form is a deep dive into your personal history, including everywhere you have lived and worked for the last several years, as well as questions about your criminal and immigration history.

• In 2026, it is vital to ensure you are using the most current version of the form, as USCIS frequently updates these documents and will reject any application submitted on an outdated version.
• Every question must be answered accurately. With the government’s increased use of cross-referencing technology, even a small discrepancy between your current application and a visa application from five years ago can trigger a fraud investigation.
• You must include all required supporting evidence, such as birth certificates, marriage licenses, and proof of your legal entry, like your I-94 arrival record.

Understanding Concurrent Filing

In certain situations, you can save time by filing your initial petition and your adjustment of status application at the same time. This is known as “concurrent filing.”

• This is most common for immediate relatives of U.S. citizens.
• When you file concurrently, you submit the I-130 (the petition) and the I-485 (the green card application) in the same package.
• This allows you to apply for work authorization and travel documents (Advance Parole) immediately, rather than waiting for the underlying petition to be approved first.

For preference categories, such as siblings of citizens or employees, you must check the monthly Visa Bulletin to see if your “priority date” is current before you can file your I-485. Filing too early when a visa is not yet available will result in an immediate rejection of your application.

The Financial Responsibility: Form I-864

One of the most critical parts of the adjustment of status packet is the Affidavit of Support. This is a contract between the U.S. sponsor and the government, ensuring that the applicant will not become a “public charge” or rely on government welfare programs.

• The sponsor must prove they have enough income to support their own household plus the immigrant.
• If the sponsor does not earn enough, a joint sponsor may be used to meet the financial requirements.
• In 2026, USCIS has become very strict about the quality of financial evidence. Simply providing a tax return is often not enough, you must also provide recent pay stubs and proof of current employment.

Staying in the U.S. While Your Case is Pending

One of the greatest benefits of adjusting status is the ability to stay in the country legally while you wait for your interview. Once your I-485 is properly filed, you are considered to be in a period of “authorized stay.”

However, this comes with important restrictions regarding travel. If you leave the United States while your I-485 is pending without first obtaining a document called Advance Parole, USCIS will consider your application “abandoned” and it will be denied. This can be a devastating mistake, especially for those who have lived in the U.S. for a long time and may not be able to easily return.

The Adjustment of Status Interview

Most applicants will eventually be called for an in-person interview at a local USCIS field office, such as those in Portland or Salem. This is the officer’s chance to verify the information in your application and, in marriage cases, to confirm that the relationship is genuine.

• You should bring original copies of every document you submitted with your application.
• Be prepared to answer questions about your daily life, your family, and your history in the U.S.
• If you have any concerns about your English proficiency, you are generally allowed to bring an interpreter to help ensure there are no misunderstandings.

Frequently Asked Questions

Can I work while my adjustment of status is pending?

You cannot work immediately upon filing. However, you can file Form I-765 along with your adjustment application to request an Employment Authorization Document (EAD). Once you receive this card, you are legally allowed to work for any employer in the U.S. while you wait for your green card approval.

What happens if I move while my case is pending?

You are legally required to notify USCIS of any address change within 10 days by filing Form AR-11. In 2026, this is most easily done through the USCIS online portal. Failing to update your address can result in missing important notices or your interview appointment, which can lead to a denial.

Do I need a new medical exam?

Yes, every applicant must undergo a medical examination by a designated civil surgeon. The results are sealed in an envelope (Form I-693) and submitted to USCIS. These exams have an expiration date, so it is often best to schedule your exam close to the time you file or wait until USCIS requests it.

What if I entered the U.S. on a tourist visa with the intent to get married and stay?

This is a complex area of the law known as “preconceived intent.” While getting married on a tourist visa is not illegal, entering the U.S. with the sole intention of bypassing the visa process can be seen as fraud. It is highly recommended to speak with an attorney if you find yourself in this situation.

Navigating Your Path to Residency

Adjusting your status is a significant legal step that requires attention to detail and a thorough understanding of current immigration policy. While the process offers the convenience of staying in the U.S., the stakes are incredibly high. A single missing signature or an unexplained gap in your employment history can cause months of delays or jeopardize your legal status entirely. 

At Vanderwall Immigration, we specialize in helping families and individuals navigate the complexities of the green card process with confidence. We provide the diligent oversight and expert guidance necessary to ensure your application is accurate, complete, and positioned for success. To learn more about how we can help you adjust your status and secure your future in the United States, visit us at vanderwallimmigration.com