For individuals residing within the United States, obtaining a Green Card through a family-based petition is a significant pathway to permanent residency. This process, known as Adjustment of Status, allows eligible individuals already in the U.S. to become lawful permanent residents without needing to return to their home country for visa processing. To determine if you qualify for a Family Based Green Card through adjustment of status, several key eligibility requirements must be met.
Core Eligibility Requirements for Family-Based Adjustment of Status
To be eligible for a family based green card via Adjustment of Status, you must fulfill all of the following criteria:
- Properly File Form I-485: You are required to accurately complete and submit Form I-485, Application to Register Permanent Residence or Adjust Status to U.S. Citizenship and Immigration Services (USCIS).
- Legal Entry into the U.S.: You must have been “inspected and admitted” or “inspected and paroled” into the United States by a U.S. immigration officer. This signifies a legal entry into the country.
- Physical Presence in the U.S.: You must be physically present in the United States at the time of filing your Form I-485.
- Immigrant Visa Eligibility: You must be eligible to receive an immigrant visa. This typically means you are the beneficiary of an approved or pending Form I-130, Petition for Alien Relative filed on your behalf by a qualifying family member.
- Immediately Available Visa: An immigrant visa must be immediately available to you both when you file Form I-485 and when USCIS makes a final decision on your application. Visa availability is determined by priority dates and the Visa Bulletin, published by the Department of State. You can check the Visa Bulletin for up-to-date information. Resources like the Visa Availability and Priority Dates page and Adjustment of Status Filing Charts can also provide guidance.
- Valid Family Relationship: The qualifying family relationship with the U.S. citizen or lawful permanent resident who filed Form I-130 for you must still be valid at the time of adjustment.
- No Bars to Adjustment: You must not be subject to any bars to adjustment of status as defined under immigration law.
- Admissibility to the U.S.: You must be admissible to the United States for lawful permanent residence. If you are inadmissible due to certain grounds, you may be eligible for a waiver of inadmissibility or another form of relief.
- Favorable Exercise of Discretion: USCIS must determine that you merit a favorable exercise of discretion. This means that the positive aspects of your case outweigh any negative factors.
Understanding “Inspected and Admitted” or “Inspected and Paroled”
A crucial requirement for Adjustment of Status is that you must have been “inspected and admitted” or “inspected and paroled” into the United States by a U.S. immigration officer. This generally occurs when you enter the U.S. legally through a port of entry, such as an airport or border crossing, and are inspected by an immigration officer who authorizes your entry. For a deeper understanding of this requirement and any limited exceptions, refer to the USCIS Policy Manual Volume 7, Adjustment of Status, Part B, Chapter 2, Section A, “Inspected and Admitted” or “Inspected and Paroled”.
Establishing Eligibility for an Immigrant Visa
Your eligibility to receive an immigrant visa is primarily established through the family-based petition process. You are considered eligible if you are the beneficiary of:
- Approved Form I-130: You have an already approved Form I-130 filed on your behalf.
- Pending Form I-130: You have a Form I-130 currently pending with USCIS, which is ultimately approved.
- Concurrent Filing: You are filing Form I-485 and Form I-130 concurrently, and the Form I-130 is ultimately approved.
Potential Bars to Adjustment of Status
Certain actions or circumstances related to your entry into the United States or violations of immigration law can create bars to Adjustment of Status. If any of the bars to adjustment listed in section 245(c) of the Immigration and Nationality Act (INA) apply to you, you may be ineligible to adjust status under the general provisions. For comprehensive details on these bars, consult the USCIS Policy Manual Volume 7, Adjustment of Status, Part B, 245(a) Adjustment.
INA 245(i) as a Possible Exception
Even if you are subject to certain bars to adjustment and ineligible under the standard INA 245(a) provisions, you might still be able to adjust status under INA 245(i). INA 245(i) provides a potential exception for certain individuals who may have entered the U.S. without inspection or have violated their immigration status. Refer to the Instructions for Form I-485 Supplement A, Adjustment of Status Under Section 245(i) (PDF) for detailed information and eligibility requirements under INA 245(i).
Grounds of Inadmissibility and Waivers
To successfully obtain a family based green card, you must be admissible to the United States. INA 212(a) outlines various grounds of inadmissibility that could prevent you from becoming a lawful permanent resident.
As a family preference immigrant, you are exempt from one particular ground of inadmissibility:
- Labor certification and qualifications for certain immigrants (INA 212(a)(5))
However, other grounds of inadmissibility may apply. If you are deemed inadmissible, U.S. immigration law allows for the possibility of applying for a waiver of inadmissibility or other forms of relief. Relevant forms for waivers include Form I-601, Application for Waiver of Grounds of Inadmissibility and Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal. If USCIS grants a waiver, and you meet all other eligibility requirements, your application for a Green Card may be approved.
The availability of a waiver or other relief depends on the specific ground(s) of inadmissibility that apply to your case and the immigration category under which you are adjusting status. Eligibility criteria for waivers can vary. For in-depth information on grounds of inadmissibility and waivers, please consult the USCIS Policy Manual Volume 8, Admissibility and Volume 9, Waivers.
How to Apply for a Family Based Green Card Through Adjustment of Status
If you are currently in the United States, have an immediately available immigrant visa as a family preference immigrant, and satisfy all other eligibility criteria, you can apply for a Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status without needing to leave the country.
If a visa is immediately available, you can file Form I-485 in one of the following ways:
- Concurrent Filing: File it together (“concurrently”) with Form I-130, Petition for Alien Relative filed on your behalf. Learn more about concurrent filing.
- Pending Form I-130: File it while your Form I-130 is pending with USCIS.
- Approved Form I-130: File it after USCIS has approved your Form I-130, provided that the petition has not been terminated or revoked.
To understand visa availability and priority dates, refer to Visa Availability and Priority Dates and Adjustment of Status Filing Charts. Regularly check the Visa Bulletin on the Department of State’s website for the most current information.
Required Documentation for Principal Applicants
If you are the primary beneficiary of a Form I-130 petition (the principal applicant), you must submit the following documentation and evidence when applying for a family based green card through Adjustment of Status:
- Form I-485, Application to Register Permanent Residence or Adjust Status
- Copy of Form I-797, Approval or Receipt Notice, for the Form I-130 petition filed on your behalf (unless you are concurrently filing Form I-485 and Form I-130).
- Two passport-style photographs.
- Copy of your government-issued identity document with photograph.
- Copy of your birth certificate.
- Copy of your passport page with nonimmigrant visa (if applicable).
- Copy of your passport page displaying your U.S. admission or parole stamp (issued by a U.S. immigration officer) (if applicable).
- Copy of Form I-94, Arrival/Departure Record, or copy of the U.S. Customs and Border Protection (CBP) admission or parole stamp on your travel document (if applicable). If you received an electronic Form I-94 upon arrival, you can obtain a paper version from the CBP website.
- Proof of continuous maintenance of lawful status since your arrival in the U.S.
- Form I-864, Affidavit of Support Under Section 213A of the INA or Form I-864EZ, Affidavit of Support Under Section 213A of the Act.
- Form I-693, Report of Immigration Medical Examination and Vaccination Record or partial Form I-693 (if applicable). Submit this form with your Form I-485 to avoid potential rejection. Consult the Form I-693 Instructions for details.
- Certified police and court records of any criminal charges, arrests, or convictions (if applicable).
- Form I-601, Application for Waiver of Grounds of Inadmissibility (if applicable).
- Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal (if applicable).
- Documentation of past or present J-1 or J-2 nonimmigrant status (if applicable), including proof of compliance with or a waiver of the 2-year foreign residence requirement under INA 212(e). See Form I-612, Application for Waiver of the Foreign Residence Requirement for more information.
- Form I-508, Request for Waiver of Certain Rights, Privileges, Exemptions and Immunities, if you currently hold A, G, or E nonimmigrant status.
- Form I-566, Interagency Record of Request – A, G or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G or NATO Status (only if you have A, G, or NATO nonimmigrant status).
- Form I-485 Supplement A, Adjustment of Status Under Section 245(i) (if applicable).
Important Note: Filing fees are associated with certain forms, including Form I-485. Ensure you submit the correct fees, unless you are eligible for a fee waiver or exemption. Refer to the Filing Fees and Fee Schedule webpages for current fee information. For further guidance on applying for a Green Card, review the Form I-485 instructions (PDF) and forms filing tips.
Family Members as Derivative Applicants
Spouses and unmarried children (under 21 years of age) of a family-based principal applicant may also be eligible to apply for a Green Card as derivative applicants. For comprehensive information on derivative applicants and their eligibility for Adjustment of Status, please see the USCIS Policy Manual Volume 7, Part A, Chapter 6, Section C, Subsection C – Derivatives: USCIS Policy Manual Volume 7, Part A, Chapter 6, Section C, Subsection C – Derivatives.
Eligibility Criteria for Derivative Family Members
To be eligible for a Green Card as a derivative applicant in a family-based preference category, you must meet the following requirements:
- Properly File Form I-485: You must correctly file your own Form I-485 under specific conditions related to the principal applicant’s case. This includes filing:
- Together with the principal applicant’s Form I-485 (and the principal applicant’s Form I-485 is ultimately approved).
- While the principal applicant’s Form I-485 is still pending with USCIS (and USCIS ultimately approves their Form I-485).
- After USCIS approves the principal applicant’s Form I-485, if they remain a lawful permanent resident and you were their spouse or child at the time of their approval.
- After the principal applicant obtains an immigrant visa and is admitted to the U.S. as a lawful permanent resident, provided they remain a lawful permanent resident and you were their spouse or child at the time of their U.S. entry.
- Current Relationship: You must currently be the principal applicant’s spouse or child.
- Legal Entry: You must have been inspected and admitted or inspected and paroled into the United States.
- Physical Presence: You must be physically present in the United States when you file your Form I-485.
- Visa Availability: An immigrant visa must be immediately available when you file Form I-485 and when USCIS makes a final decision. Consult Visa Availability and Priority Dates, Adjustment of Status Filing Charts, and the Visa Bulletin for information.
- No Bars to Adjustment: None of the applicable bars to adjustment of status should apply to you.
- Admissibility: You must be admissible to the United States for lawful permanent residence or qualify for a waiver of inadmissibility or other form of relief.
- Favorable Discretion: USCIS must determine that you merit a favorable exercise of discretion, meaning the positive factors in your case outweigh the negative ones.
Required Documentation for Derivative Applicants
As a derivative applicant (spouse or child), you must submit the following documentation to apply for a family based green card:
- Form I-485, Application to Register Permanent Residence or Adjust Status
- Documentation proving your relationship to the principal applicant (e.g., marriage certificate, birth certificate, adoption decree).
- Copy of Form I-797, Approval or Receipt Notice, for the principal applicant’s Form I-130 (unless filing your Form I-485 together with theirs).
- Copy of Form I-797, Approval or Receipt Notice, for the principal applicant’s Form I-485, or a copy of the principal applicant’s Green Card (if not filing together).
- Two passport-style photographs.
- Copy of your government-issued identity document with photograph.
- Copy of your birth certificate.
- Copy of your passport page with nonimmigrant visa (if applicable).
- Copy of your passport page showing your U.S. admission or parole stamp (if applicable).
- Copy of Form I-94, Arrival/Departure Record, or copy of the CBP admission or parole stamp on your Travel Document (if applicable). Obtain a paper version of your Form I-94 from the CBP website if you received an electronic version upon arrival.
- Proof of continuous maintenance of lawful status since your arrival in the U.S.
- Form I-864, Affidavit of Support, or I-864EZ, Affidavit of Support Under Section 213A of the Act.
- Form I-693, Report of Immigration Medical Examination and Vaccination Record or partial Form I-693 (if applicable). Submit with Form I-485 to avoid rejection. Refer to Form I-693 Instructions.
- Certified police and court records of criminal charges, arrests, or convictions (if applicable).
- Form I-601, Application for Waiver of Grounds of Inadmissibility (if applicable).
- Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal (if applicable).
- Documentation of past or present J-1 or J-2 nonimmigrant status (if applicable), including proof of compliance or waiver of the 2-year foreign residence requirement under INA 212(e). See Form I-612, Application for Waiver of the Foreign Residence Requirement.
- Form I-508, Request for Waiver of Rights, Privileges, Exemptions and Immunities, if you currently hold A, G, or E nonimmigrant status.
- Form I-566, Interagency Record of Request – A, G or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G or NATO Status (only if you have A, G, or NATO nonimmigrant status).
- Form I-485 Supplement A, Adjustment of Status Under Section 245(i) (if applicable).
Remember to check the Filing Fees and Fee Schedule for current fees and ensure you pay the correct amount for Form I-485 and other applicable forms, unless you qualify for a fee waiver or are exempt.
Employment Authorization and Advance Parole
While your Form I-485 application is pending, you may apply for employment authorization by filing Form I-765, Application for Employment Authorization.
If you need to travel outside the United States temporarily while your Form I-485 is pending, you can apply for an Advance Parole document by submitting Form I-131, Application for Travel Document. An Advance Parole document allows you to seek parole back into the U.S. after temporary international travel. Leaving the U.S. without Advance Parole while your I-485 is pending is generally considered abandonment of your application.
When filing Form I-131 concurrently with Form I-485 or while it is pending and seeking Advance Parole, select item 5. A. in Part 1 of Form I-131. You do not need to include your Form I-485 receipt number if filing Form I-131 concurrently with Form I-485.
For more information, refer to the Instructions for Form I-131 and the USCIS webpages on Employment Authorization and Travel Documents.
Legal References
For further detailed information, consult the following legal resources:
- Immigration and Nationality Act (INA)
- USCIS Policy Manual
- Visa Bulletin
- Form I-485, Application to Register Permanent Residence or Adjust Status and Instructions.
