What Is Section 245 Adjustment of Status?

Section 245 of the Immigration and Nationality Act (INA) provides a pathway for certain individuals already in the United States to obtain lawful permanent resident status, commonly known as getting a Green Card. This process is called “adjustment of status,” and it allows an eligible person to complete their immigration processing without having to leave the U.S. to attend a visa interview at an American consulate abroad. This route is an alternative to consular processing, where an individual must travel to their home country to be issued an immigrant visa before they can enter the U.S. as a permanent resident.

Core Eligibility for Adjustment of Status

To qualify for adjustment of status, an applicant must satisfy several requirements. The first is that the individual must be physically present in the United States, as the application cannot be filed from abroad. A second requirement is that the applicant must have been “inspected and admitted” or “paroled” into the country. This means that upon their last entry, they presented themselves to an immigration officer who authorized their admission, which is typically documented by an entry stamp in the passport or an electronic I-94 Arrival/Departure Record.

Another requirement is the immediate availability of an immigrant visa. For most family-based and employment-based categories, this means the applicant’s “priority date” must be current according to the Department of State’s monthly Visa Bulletin. The priority date is the date a sponsoring relative or employer filed the initial immigrant petition, and an applicant must check the bulletin before filing.

Finally, the applicant must be admissible to the United States. This means the individual is not barred from receiving a green card due to various grounds of inadmissibility outlined in immigration law. These can include certain criminal convictions, public charge concerns, immigration fraud, or specific health-related grounds. If a ground of inadmissibility applies, the applicant may need to seek a waiver, if one is available.

Statutory Bars and Key Exceptions

Even if an individual meets the core eligibility requirements, certain actions can trigger statutory bars that make them ineligible to adjust their status. The most common bars include engaging in unauthorized employment or failing to continuously maintain a lawful status since entry into the United States. For example, working without a valid Employment Authorization Document or overstaying a visa can render a person ineligible.

One exception allows certain individuals who would otherwise be barred—such as those who entered without inspection or worked without authorization—to adjust their status by paying a $1,000 penalty fee. To qualify for this exception, the individual must be the beneficiary of a qualifying immigrant petition or labor certification that was filed on or before April 30, 2001.

Another exception applies to certain employment-based applicants in the EB-1, EB-2, EB-3, and some EB-4 categories. This provision allows them to adjust their status even if they have been out of status or engaged in unauthorized employment. These violations must not exceed an aggregate of 180 days since their last lawful admission into the United States. USCIS will only count the days of violation that occurred after the applicant’s most recent lawful entry.

Required Information and Documentation

The primary application is Form I-485, Application to Register Permanent Residence or Adjust Status, which must be the current version from the USCIS website. To complete this form, applicants need to compile detailed personal information, including a complete address and employment history for the past five years, all prior entries into the U.S., and any applicable immigration history details like an A-Number.

A package of supporting documents must accompany the Form I-485. This includes:

• Two recent passport-style photographs
• A copy of a government-issued photo ID
• A copy of the applicant’s birth certificate
• Proof of lawful entry, such as a passport admission stamp and the Form I-94 record
• The approval notice for the underlying immigrant petition, such as Form I-797 for an approved Form I-130 or Form I-140
• Form I-693, Report of Medical Examination and Vaccination Record, completed by a USCIS-designated civil surgeon
• Form I-864, Affidavit of Support, for many family-based cases to show the applicant will not become a public charge

As of March 2025, the COVID-19 vaccination is not required for the immigration medical examination.

The Adjustment of Status Application Process

The completed application package must be mailed to the correct USCIS lockbox facility. The filing address is determined by the applicant’s specific eligibility category, so it is important to consult the official USCIS website, as these addresses can change. After the package is mailed, the applicant will receive a Form I-797C, Notice of Action, which serves as a receipt confirming that USCIS has accepted the case for processing.

Shortly after, the applicant will be scheduled for a biometrics appointment at a local Application Support Center. During this appointment, USCIS will collect the applicant’s fingerprints, photograph, and signature for identity verification and background checks. At any point during processing, USCIS may issue a Request for Evidence (RFE) if more information is needed to make a decision.

The final step for many applicants is an in-person interview at a USCIS field office. The purpose of the interview is for an officer to verify the information provided in the application, ask questions to confirm eligibility, and review original documents. Following the interview, USCIS will issue a final decision. If approved, the applicant’s status is adjusted to that of a lawful permanent resident, and the physical Green Card is mailed within a few weeks.