Green Card Renewal

Renewing an Expired or Expiring Green Card

What is the green card renewal process?

Officially known as a Permanent Resident Card, your green card is physical proof of your right to live and work in the United States. It's an essential document for accepting employment, getting a home loan, and even renewing a driver's license. It's also vital for re-entering the United States after a trip abroad. An expired green card will generally cause a delay, may require the payment of a steep re-entry fee, and can potentially create more significant immigration problems. In fact, you are legally required to carry proof of your permanent resident status with you if you are age 18 or older. Generally, you should renew a green card if your card is already expired or will expire within the next six months. Once you've submitted the green card renewal application, it will likely take several months to get a new card. However, there is a solution to help you get temporary proof of your permanent resident status quickly.


Green Card Renewal Application

How do I renew a green card?

Permanent residents use Form I-90, Application to Replace Permanent Resident Card, for green card renewal. File the application if your card is expired or will expire within the next six months. Other valid reasons to use this application include:

Generally, you must be physically present in the United States to renew a green card. If you're outside the United States, you can likely use an expired green card to board a transportation carrier to return to the United States as long as your departure date was less than one year ago. Check with your airline or other carrier. If they will not board you, you may need to file Form I-131A, Application for Travel Document (Carrier Documentation), to obtain temporary travel documentation for the purpose of boarding a transportation carrier and returning to the United States.

Do not use Form I-90 to renew a conditional green card. Certain individuals who obtained permanent residence through marriage may have a two-year conditional green card. You must file Form I-751, Petition to Remove the Conditions on Residence.


Steps to Extend the Validity of Your Expired Green Card

Can I get a temporary green card?

Our customers generally report shorter processing times, but typical Form I-90 processing times exceed 8 months. You may need more urgent proof of permanent resident status to travel abroad, renew a driver’s license, get a new job, or apply for a mortgage. In these cases, you can get temporary proof. It's not a temporary green card, but it is valid evidence of of your status and is the equivalent of a card.

STEP

1

Prepare and File Form I-90

For green card renewal, you'll need to file Form I-90, Application to Replace Permanent Resident Card, and a $540 filing fee with USCIS. You may download the application directly from USCIS.gov and prepare it on your own. Or use CitizenPath's Green Card Renewal/Replacement Package to make it easy. We provide a low-cost service that helps you prepare the application in about 15 minutes. The service helps to eliminate common I-90 errors, delays and rejections. We even guarantee USCIS approval.

STEP

2

Get Your Receipt Notice

USCIS is automatically extending the validity of green cards for lawful permanent residents who file Form I-90 correctly. Approximately 2 to 4 weeks after filing Form I-90, USCIS will mail you Form I-797C, Notice of Action. This "receipt notice" is an important document. It's proof that USCIS has accepted your Form I-90 application. It is also a 24-month extension of the validity of the green card.

The receipt notice will say, “This notice provides evidence of your lawful permanent resident status for 24 months from the expiration date on your Form I-551, Permanent Resident Card (also known as a Green Card). You remain authorized to work and travel. This notice, presented with your expired Permanent Resident Card, is evidence of your status and work authorization.”

If you've lost your card or it expired more than two years ago, USCIS does not issue a temporary card. However, you can request an I-551 stamp in your valid, unexpired passport. The stamp is the equivalent of a green card. You may use it for work or travel as well.

STEP

3

Use Your NOA and Expired Card Together

The Notice of Action (receipt notice) is your temporary evidence until you receive the new card. Present the receipt notice together with an expired green card as evidence of permanent resident status. You'll be able to use the letter and expired card as a valid green card for activities such as accepting U.S. employment or to re-enter the United States.

If your green card is lost, stolen or missing, you'll need to file Form I-90. But the process to obtain temporary proof of status with a green card replacement is slightly different.


How To Immigrate

  • Family-Based Immigration in the United States


How the Visa Bulletin Works

Overview | Priority Date | Categories | How to Read Visa Bulletin | Examples | Visa Retrogression

Immediate relatives (spouses, parents and unmarried children under age 21 of U.S. citizens) have an unlimited number of immigrant visas (green cards) available. But most other family-based immigrant visas have a wait. The U.S. Department of State publishes a monthly visa bulletin that lets you know when it’s time to claim your green card. Here's how the visa bulletin works:

U.S. Department of State Visa Bulletin Explained

What is the visa bulletin?

The family-based immigration process starts with a U.S. citizen or permanent resident filing Form I-130, Petition for Alien Relative, on behalf of a foreign family member. Because the number of intending immigrants generally exceeds the available immigrant visas, there is virtually always a wait for family preference categories. In this situation, the Department of State issues immigrant visas (green cards) in a first-come, first-serve manner for each category.

If you are in a family preference category, it’s important to understand that an approved I-130 petition does not mean you may come to the United States. The approved I-130 petition means that USCIS has confirmed you have a qualifying relationship and you’ve established your place in line for a visa. The visa bulletin tells you when the visa is actually available to use.

In fact, it is the priority date that specifies your specific place in line. You have reached the front of the line when your priority date becomes "current." The U.S. Department of State publishes a monthly visa bulletin that lists the priority dates which have become current. In other words, these are the priority dates that now have an immigrant visa available to be claimed. You must review the U.S. Department of State’s visa bulletin to determine if your immigrant petition is current. When an immigrant petition is current, you can apply for a green card.

To read the visa bulletin, you’ll need to know two things:

Priority Date

Your Priority Date is the date that your immigrant petition was filed and represents your "place in line."

SHOW ME HOW TO FIND IT

Family Preference Category

Your Family-Preference category is the type of relationship you have with the petitioner according to USCIS.

SHOW ME HOW TO FIND IT

Determine Your Priority Date

Where do I find my priority date?

The numerical limit for family preference immigrant visas creates a wait list. The beneficiary’s “place in line” is designated with a priority date. The filing date of the I-130 petition becomes the beneficiary's priority date. When USCIS accepts Form I-130, they will also assign a priority date.

Locating your priority date is fairly easy. Review the I-797 Notice of Action (I-130 Receipt Notice) that USCIS mails after they received Form I-130 for processing. Alternatively, you may use the Approval Notice that USCIS sends after approving the petition. The priority date is in the top section of the document. In the example below, a red circle identifies the priority date.

Determine Your Family Preference Category

What are the visa bulletin categories?

Your family preference category is based on your relationship with the petitioner. Different relationships are given different priority for an immigrant visa. If an I-130 petition was filed on your behalf, the petitioner is either a U.S. citizen or permanent resident family member. Determining your family preference category is fairly easy. View the list below to determine your preference category.

If you don't see your relationship type above, you may be an immediate relative. Immediate relatives include the spouse, parent, or unmarried child (under age 21) of U.S. citizens. There is no annual limit on the number of immigrant visas issued to immediate relatives each year. Thus, there is no wait, and they are not included on the visa bulletin. Immediate relatives can move forward with the application.

Read the Visa Bulletin

Which visa bulletin chart do I use?

Once you know your priority date and your preference category, proceed to the U.S. State Department's website to find the monthly visa bulletin. Select the "Current Visa Bulletin." Forward to "Family-Sponsored Preferences" to see a table similar to the sample below. Find your family preference category and compare your priority date to the date listed. If your priority date comes before the date listed, your immigrant visa is current.

Most people can view the column labeled “All Chargeability Areas Except Those Listed.” But if your country of nationality is China, India, Mexico or Philippines, use the respective column for those dates. Now you know how to read the visa bulletin.

A. FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES

The first chart is for “final action dates.” An immigrant visa is actually available if a priority date comes before the date listed in this chart.

Sample Chart for Final Action Dates

FAMILY-SPONSORED

ALL CHARGEABILITY AREAS EXCEPT THOSE LISTED

CHINA-MAINLAND BORN

INDIA

MEXICO

PHILIPPINES

F1

01DEC14

01DEC14

01DEC14

15NOV00

01MAR12

F2A

C

C

C

C

C

F2B

22SEP15

22SEP15

22SEP15

01JUN01

22OCT11

F3

22NOV08

22NOV08

22NOV08

01NOV97

08JUN02

F4

22MAR07

22MAR07

15SEP05

01AUG00

22AUG02

 

B. DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS

This second chart indicates when the intending immigrant can apply for an immigrant visa. Specifically, the applicant may file an adjustment of status application provided that the applicant’s priority date is before the date listed in the visa bulletin’s filing dates chart. If the intending immigrant will be applying through the consular process, the National Visa Center uses this chart to start the process. (They will notify the intending immigrant when to submit an application for an immigrant visa.)

Sample Chart for Filing Dates

FAMILY-SPONSORED

ALL CHARGEABILITY AREAS EXCEPT THOSE LISTED

CHINA-MAINLAND BORN

INDIA

MEXICO

PHILIPPINES

F1

08AUG16

08AUG16

08AUG16

01DEC02

22APR15

F2A

C

C

C

C

C

F2B

01JAN17

01JAN17

01JAN17

01JAN02

01OCT13

F3

08NOV09

08NOV09

08NOV09

15JUN01

08NOV03

F4

15DEC07

15DEC07

22FEB06

01APR01

22APR04

 

When the priority date is current and the I-130 is approved, beneficiaries may generally proceed with the immigrant visa application. Again, individuals in the United States through a lawful entry may be able to adjust status. If eligible, the beneficiary may initiate the application by filing the adjustment of status application package with USCIS. However, any individual outside the United States will need to apply via consular processing. The National Visa Center will contact the beneficiary when they are ready. Learn how to apply.

Visa Bulletin Examples

Do you have examples of how the visa bulletin works?

Example: Felipe (F2A)

Felipe is a citizen of Brazil, and he is the spouse of a U.S. permanent resident. This relationship type puts Felipe in the F2A category. He has an approved I-130 petition with a priority date of July 15, 2022. In the example bulletin above, Felipe’s priority date is already "C" for current. Therefore, Felipe’s immigrant visa is current, and he may apply for a green card.

Example: Ravi (F3)

Ravi is a citizen of India, and he is the married, adult son of a U.S. citizen. Therefore, Ravi is in the F3 category. He has an approved I-130 petition with a priority date of December 10, 2010. In the example bulletin above, Ravi’s priority date is after November 8, 2009 (08NOV09). Therefore, Ravi’s immigrant visa is not yet current, and he may not apply for a green card yet.

Example: Jennifer (F1)

Jennifer is a citizen of the Philippines, and she is the unmarried, adult daughter of a U.S. citizen. Therefore, Jennifer is in the F1 category. She has an approved I-130 petition with a priority date of January 20, 2015. In the example bulletin above, Jennifer’s priority date is before April 22, 2015 (22APR15). Therefore, Jennifer’s immigrant visa is current, and she may apply for a green card.

Visa Retrogression

Why is the visa bulletin not moving?

Sometimes the priority dates on a visa bulletin don't change from the previous month. Worse yet, sometimes the dates can actually move the wrong way. This is called visa retrogression.

Generally, the cut-off dates on the visa bulletin move forward in time. But sometimes they go backwards. Visa retrogression occurs when more people apply for a visa in a particular category or country than there are visas available for that month. Retrogression typically occurs toward the end of the fiscal year as visa issuance approaches the annual category, or per-country limitations. Sometimes a priority date that meets the cut-off date one month will not meet the cut-off date the next month. When the new fiscal year begins on October 1, a new supply of visas is made available and usually, but not always, returns the dates to where they were before retrogression.

Where to Check Visa Bulletin

How do I get monthly updates?

Now that you understand how the visa bulletin works, you'll need to monitor it on a regular basis. The U.S. Department of State publishes a monthly bulletin for employment-based and diversity visa categories as well. Book mark the State Department website below.

OPEN OFFICIAL VISA BULLETIN

Apply for a Green Card

My priority date is current. What's the next step?

If your I-130 petition is now current, you may apply for permanent residence (green card) in the United States. There are two basic ways to apply for your green card: consular processing or adjustment of status.

Consular Processing

If you are currently outside the United States, the only path for immigrating to the U.S. is consular processing. Consular processing refers to the process of applying for an immigrant visa (green card) through the U.S. embassy or consular office in a foreign country. Consular processing is the most common path to obtain a green card.

In fact, the National Visa Center will contact the petitioner and beneficiary shortly before the visa becomes available. They'll ask you to submit the immigrant fee, apply for the immigrant visa, submit Form I-864 (Affidavit of Support), and attend a medical exam. Once they obtained these additional documents, the NVC can transfer your case to the U.S. embassy or consulate for an interview.

LEARN MORE

Adjustment of Status

If you are currently inside the United States, you may be able to adjust status. Adjustment of status is the term used to describe a change from nonimmigrant status to permanent residence (green card holder). U.S. immigration law allows nonimmigrants to adjust status if the individual lawfully entered the U.S. and meets certain requirements.

Only a very limited group of people can adjust status. The most common scenarios include immediate relatives, individuals who entered with a K-1 visa and married a U.S. citizen, asylees, refugees, or those who arrived on an employment visa (e.g. H-1B) and the employer sponsored them for a green card. All green card applicants that don’t qualify for adjustment of status must use the consular processing path.

LEARN MORE

Your immigrant visa will be available to claim for one year. Immigration and Nationality Act (INA) section 203(g) provides that the Secretary of State shall terminate the registration (petition) of any foreign national who fails to apply for an immigrant visa within one year of notice of visa availability. The Department of State may reinstate the petition if, within two years of notice of visa availability, the foreign national establishes that the failure to apply was for reasons beyond the their control. Therefore, if you do not respond to notices from the NVC within one year, you risk termination of your petition under this section of law and would lose the benefits of that petition, such as your priority date.

K-1 Visa Path to a Marriage-Based Green Card

Purpose | Eligibility | Application Process | Interview | Time Line | Green Card | Costs | Get Help | FAQs

K-1 Fiancé Visa Explained

What is a K-1 visa?

A foreign citizen may use the K-1 visa to travel to the United States for the purpose of marriage to his or her U.S. citizen fiancé. Once married to the U.S. citizen sponsor, the foreign citizen may apply for permanent residence – represented by a green card — inside the United States.

It’s one of two fundamental ways for a U.S. citizen and foreign citizen to unite in the United States. Alternatively, the couple could marry outside the United States and the foreign spouse would immigrate as an immediate relative (spouse of a U.S. citizen) through consular processing.

We’ve assembled a detailed K-1 visa overview that provides a look at the different steps in the path to a green card. In this process, the petitioner is always a U.S. citizen fiancé, and the beneficiary is the foreign citizen fiancé. If you're ready to get started, see how CitizenPath can help.

The K-1 is a nonimmigrant visa, but it behaves like an immigrant visa. The U.S. Department of State categories the K-1 visa as a dual intent visa. That means it's a nonimmigrant visa, however, the beneficiary may have an immigrant intent.

Eligibility for Fiancé Visa

What are the K-1 visa requirements?

Only the fiancé of a U.S. citizen has a qualifying relationship for the K-1 visa process. The fiancé of a lawful permanent resident does not qualify. Additionally, the couple must satisfy all three of the following requirements:

K-2 Visas May be Issued to Children

If the foreign fiancé has minor children (unmarried and under age 21), they can generally immigrate as well. Upon approval, the child applicant receives a K-2 visa. K-2 children may generally enter the U.S. at the same time as the K-1 fiancé or shortly thereafter.

K-1 Visa Application Process

Do I need to file Form I-129F, Petition for Alien Fiancé(e)?

There is a visa application, but there's a process to get there first. Before the foreign fiancé may apply for the K-1 visa, the U.S. citizen must file a petition that establishes a qualifying relationship. In other words, there’s a process to confirm that there’s a legitimate relationship that includes an evaluation of the requirements listed above.

The process begins with the U.S. citizen filing Form I-129, Petition for Alien Fiancé(e), with U.S. Citizenship and Immigration Services (USCIS). In fact, the petition package should include Form I-129F along with several supporting documents. Generally, the petition package includes:

Additional supporting documents may be necessary. Therefore, refer to your personalized filing instructions from CitizenPath. When you prepare your petition through CitizenPath, we will generate personalized filing instructions based on your specific situation. Our instructions provide detailed guidance on supporting documents, samples, how to organize the package, and where to mail it.

A similar process is available to U.S. citizens and lawful permanent residents that want to bring a spouse (as well as any of the spouse's children) to the U.S. This process begins with the petitioner filing Form I-130, Petition for Alien Relative. Unlike the K-1 visa, this path is available to the spouses of permanent residents also. Learn more in consular processing.

Should I immigrate through a K-1 or CR-1/IR-1 Visa?

If you are considering a marriage-based green card, there may be more than one option. And there are trade-offs between immigrating as a spouse and fiancé. Explore your paths to immigrate based on different factors such as cost, marriage status and location.

EXPLORE OPTIONS

K-1 Consular Interview

What happens after USCIS approves Form I-129F?

Provided that the petition package is well prepared with all supporting evidence, USCIS will typically approve an I-129F in 6 to 9 months. Upon approval, USCIS moves your case to the National Visa Center (NVC). The NVC will do a background check, collect additional documents, and then your case will be forwarded to the respective U.S. embassy or consulate. At this point, the foreign fiancé may proceed with the K-1 visa application (DS-160) and medical exam. The embassy will schedule an interview soon.

Submit the K-1 Visa Application

Submit the online nonimmigrant visa application (DS-160). You can only find the application on the U.S. State Department website. Any eligible children that will accompany the K-1 fiancé must also submit separate applications. Provide answers in English only. The U.S. citizen fiancé may assist or act as an interpreter through this process for the foreign national fiancé. Be sure to print the DS-160 confirmation page for the interview.

Get the Medical Examination

Every applicant, regardless of age, undergoes a medical examination which must be performed by an authorized panel physician. The U.S. embassy will provide directions including a list of approved physicians. Although some vaccinations are not required for K-1 visa issuance, they will be necessary when adjusting status to green card holder following the marriage. Therefore, it makes sense to get them at this time.

The K-1 visa interview will take place at a U.S. embassy or consulate near the beneficiary. The K-1 applicant and generally any children that will receive K-2 visas should attend. In some cases, the U.S. citizen may attend, but it is not required.

The embassy will provide the applicant with a letter that includes a list of items to bring. Typically, the applicant will need to take the following items:

The consular officer will interview the beneficiary to verify the validity of the relationship. For a more detailed overview of how to prepare and what to take to the consular interview, read K-1 Interview Checklist.

The consular officer will generally provide a decision at the end of the interview. The officer may even be able to issue the K-1 visa the same day. However, the visa is typically delivered by courier to the applicant within one week.

U.S. Entry and Wedding

What happens at the interview?

The K-1 visa holder has 6 months to use the visa to enter the United States. Couples should use this time (if necessary) to do any final wedding planning. If several family members intend to travel, this window of time gives you time to coordinate.

The U.S. embassy will provide the visa holder with a package of documents typically called the "visa packet." Upon arrival to the United States, the K-1 entrant will give the visa packet to the Customs and Border Protection (CBP) officer at the port of entry.

After admission to the United States, the foreign citizen must marry the U.S. citizen within 90 days. The K-1 visa cannot be extended beyond the 90-day period. If there is no marriage, the foreign citizen is required to depart the United States by the 90th day. Of course, most marriages go on as planned. Typically, the foreign citizen spouse plans to stay permanently in the United States. In this case, he or she must apply for a green card through a process called adjustment of status.

Time Line for Fiancé Visa

How long does the K-1 visa take?

The entire K-1 visa timeline from petition to visa may take 9 to 12 months for typical applicants. Understanding the steps in this timeline is even more critical for engaged couples because of wedding plans. Planning for wedding ceremonies that involve a K-1 visa entrant generally require some flexibility. It’s difficult to know exactly when the embassy will schedule an interview and issue the K-1. For a closer look at processing times and steps, take a look at the K-1 processing time.

For the fastest processing, ensure that you meet the requirements and submit a well-prepared petition. Small mistakes and oversights can result in a time-consuming Request for Evidence. CitizenPath can help you navigate this process by submitting a strong petition.

Adjustment of Status

How do I go from K-1 visa to green card?

In simple terms, adjustment of status is the process of applying for a green card from inside the United States. An adjustment of status application typically includes several forms submitted together. The green card time line may take about one year. During this time, the foreign spouse is able to obtain work authorization and travel abroad, provided he or she submits the correct paperwork as a part of the adjustment of status package.

Upon approval of the adjustment of status through a K-1 entry, the foreign spouse becomes a permanent resident of the United States. Subsequently, USCIS will issue a green card as evidence of this status. Permanent resident status gives a person the right to live permanently and work in the United States.

Costs for K-1 Path to a Green Card

How much does it cost to get a green card through a fiancé visa?

In addition to the initial I-129F petition, there are other costs associated with a K-1 fiancé visa. There is an additional cost for the actual visa application and also an immigration medical exam. To clarify, the medical exam must be conducted by a physician approved by the embassy. Costs can vary based on country and typically fall in the range of $50 to $300. Finally, foreign citizen spouses who plan to stay in the United States must adjust status to permanent residence. These costs are spread out over about a year.

USCIS, NVC OR U.S. CONSULATE ITEM

GOVERNMENT

FEE

CITIZENPATH

FEE

Form I-129F, Petition for Alien Fiancé

$535

$139

DS-160 Visa Application

$265

N/A

Form I-134, Declaration of Financial Support

N/A

$99

Medical Exam

N/A

N/A

Adjustment of Status Package

    I-485, Application to Adjust Status

    I-864, Affidavit of Support

    I-765, Application for Employment Authorization

    I-131, Application for Travel Document

    I-693, Report of Medical Examination

$1,225

$422

Total for Typical Adult Applicant

$2,025

$660*

*Includes some non-essential forms that can removed for a cost savings

Similar services from an attorney generally cost in excess of $5,000 (plus government fees). CitizenPath is an exceptional solution for do-it-yourselfers that want the reassurance they’re doing everything correctly. Users answer simple questions and receive ready-to-sign forms and detailed filing instructions. We customize your filing instructions based on your answers in the petition so you know what to do for your specific situation. The filing instructions provide detailed directions on supporting documents, how to organize your petition, and where to mail it.




Green Card Through Adjustment Of Status

Overview | Eligibility | Application Process | Travel and Work | Time Line |Get Help

Adjusting Status Explained

What is adjustment of status?

Adjustment of status is the process of changing from a nonimmigrant immigration status (e.g. student, tourist, etc.) to permanent residence (green card holder). U.S. immigration law allows a temporary visitor to change status to a permanent resident if the individual lawfully entered the United States and meets certain requirements. Adjustment of status is one of two paths for obtaining an immigrant visa (green card) to the United States. If the applicant is not eligible for adjustment, he or she must use consular processing. Both consular processing and adjustment of status may be available options if the applicant is already in the U.S.

The following describes in general terms the process for obtaining a family-based green card through adjustment of status. In this process, the petitioner is a U.S. citizen or lawful permanent resident, and the beneficiary is the foreign national seeking a green card. If you’re ready to get started, skip to how CitizenPath can help.

Adjustment of Status Eligibility

What are the requirements?

Qualifying Relationships for a Green Card

A U.S. citizen or lawful permanent resident may petition certain family members to live in the U.S. and receive green card. The entire process begins when the U.S. citizen or permanent resident files Form I-130, Petition for Alien Relative, on behalf of the beneficiary (intending immigrant). To obtain a green card based on a family relationship, the beneficiary must be in either the immediate relative or family preference categories. The purpose of Form I-130 is to establish an qualifying relationship so that the relative may apply for a green card.

Immediate Relative Categories

Immediate relatives include the spouse, parents, and unmarried children (under age 21) of U.S. citizens.

LEARN MORE

Family Preference Categories

Family preference includes other qualifying family-based relationships for immigration.

LEARN MORE

Note: A similar process is available to U.S. citizens that want to bring a fiancé (as well as any children of the fiancé) to the U.S. for marriage. This process begins with the U.S. citizen filing Form I-129F, Petition for Alien Fiancé(e). This path is not available to the fiancés of lawful permanent residents. Learn more in the K-1 Visa Overview.

Criteria for Adjustment Eligibility

To file an adjustment of status application, the intending immigrant must meet three fundamental requirements. Eligibility to adjust status requires that the applicant must:

It’s also important that the intending immigrant maintain eligibility throughout the adjustment process. Changes in circumstances can affect the success of an adjustment application. Only a very limited group of people can adjust status. That’s why adjustment is generally only used by some immediate relatives, spouses that entered as K-1 fiancés, asylees, refugees, or those who arrived on an employment visa (e.g. H-1B) and the employer sponsored them for a green card.

Green Card Application Process

What are the adjustment of status forms?

Intending immigrants that meet the eligibility requirements for adjustment of status, may file Form I-485, Application to Register Permanent Residence or Adjust Status. As mentioned above, immediate relatives may generally submit the application to USCIS at any time they meet the eligibility requirements. In fact, immediate relatives can file “concurrently.” This means that the Form I-485 is filed together with Form I-130. In fact, these are just the two primary forms. In most cases, family-based adjustment application packages will include the following forms:

A complete adjustment of status package will also include several supporting documents as required by each USCIS form. For detailed instructions on how to prepare the forms and which supporting documents to include, refer to the USCIS website or utilize CitizenPath to prepare your USCIS forms. CitizenPath is the industry’s best preparation software designed by immigration attorneys and backed up with live customer support. Our affordable online immigration services make USCIS applications easier and help eliminate common mistakes that cause delays, rejections, and denials. We even guarantee that USCIS will approve your application. Refer to our AOS Package Fees page to determine which forms you need and estimated costs.

Download a FREE I-485 checklist that will help you gather some of the necessary information to prepare the family-based adjustment of status application.

GET CHECKLIST

Travel and Work Authorization

Can I leave the country or work in the U.S.?

Permanent resident status gives you the right to accept employment in the United States. You can also use a green card to reenter the United States after trips abroad of less than one year. During the wait for your green card, you can likely obtain similar benefits. Adjustment of status applicants are eligible for a work permit and travel authorization with advance parole. There are government fees for these benefits.

Employment Authorization

As an applicant with a pending Form I-485, you are eligible to submit Form I-765, Application for Employment Authorization. In fact, you may file Form I-765 together with your I-485 application for the quickest processing times.

USCIS may take approximately 3-6 months to issue this benefit. The card is generally valid for one year but may be renewed if necessary. Adjustment of status applicants are not required to pay any USCIS fees for employment authorization (Form I-765) provided that you are filing concurrently with Form I-485 (or continue to have a pending I-485 application).

Working in the United States without employment authorization can make an applicant ineligible for a green card.

Learn more about obtaining a work permit as an adjustment of status applicant.

Advance Parole Travel

If you will travel outside the United States while your Form I-485 is pending, you may request an advance parole document. As an adjustment applicant, you are generally eligible to file Form I-131, Application for Travel Document. Like employment authorization, you may file Form I-131 together as part of the I-485 package. You must apply for and obtain this travel document before departing the United States.

USCIS may presume that an adjustment applicant who leaves the U.S. without advance parole to have abandoned their application and may not be able to re-enter the U.S. It's important to note that advance parole does not guarantee admission into the United States. Foreign nationals who have obtained advance parole are still subject to the inspection process at the port of entry.

Learn more about advance parole for applicants with a pending I-485 application.

Adjustment of Status Appointments and Time Line

How long does it take to adjust status?

After you file your application, USCIS will mail you an appointment notice for a biometric screening. This is a relatively quick appointment at a USCIS Application Support Center to obtain your photo, fingerprints and signature. USCIS uses the biometric data to conduct a mandatory criminal background check.

Several months later, USCIS will likely require you to attend an adjustment interview. In many cases, USCIS may also require the relative who filed Form I-130 to attend. USCIS has the ability to waive an interview for certain individuals. They will notify you of the time, date, and location for an interview. USCIS uses the adjustment of status interview to confirm the information you and your petitioner have provided on the petition and the adjustment application. It’s also an opportunity for them to see if circumstances have changed that may make you ineligible. Generally, this is a quick interview that only lasts 20 to 30 minutes.

The entire adjustment process may take 8 to 14 months for most applicants. The most important thing you can do to ensure the best processing times is to submit a complete and thorough application package. You may not need a lawyer, but you need CitizenPath to help you get the best processing time on USCIS forms. For a more detailed look at what happens and each step, review the Form I-485 processing time line.

Pros and Cons of Adjustment of Status

Is consular processing or adjustment better?

Although the adjustment of status process typically takes longer than consular processing, it has its advantages. The adjustment of status timeline is generally 8 to 14 months for family-based applications (and often longer for other application types).

However, the most significant advantage to adjusting status is that the intending immigrant may remain in the United States with family during the process. It avoids the travel expense and prolonged separation between family members. So even though it may take slightly longer than consular processing, you can live, work and even travel outside the U.S. (Additional authorization must be obtained for employment and travel abroad by I-485 applicants.)

If USCIS denies Form I-485 to adjust status, the applicant may challenge the denial through the administrative and/or judicial appellate processes. Consular processing decisions for a green card are final. For a more detailed analysis of the advantages and disadvantages of each, compare adjusting status versus consular processing.

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