Adjustment of Status

Adjustment of status lets an eligible person in the United States become a permanent resident without leaving the country. You file Form I-485 with USCIS, attend a biometrics appointment and often an interview, and receive your green card here. For many families it is the safest path, because leaving the country can trigger bars to returning. But not everyone who is here can adjust. Our office helps applicants in Atlanta, Norcross and throughout Georgia decide whether adjustment is available and prepare a complete application.

The basic requirements

Under INA 245(a), you generally must show that:

• You were inspected and admitted, or paroled, into the United States.
• You are eligible for an immigrant visa, usually through an approved or pending family, employment or humanitarian petition.
• A visa number is immediately available in your category when you file.
• You are admissible, or you qualify for a waiver of any ground of inadmissibility.
• You deserve a favorable exercise of discretion.

“Inspected and admitted” usually means you entered at a port of entry and were waved through or given an I-94 record. People who crossed the border without inspection generally cannot adjust under 245(a). The Supreme Court held in Sanchez v. Mayorkas (2021) that a grant of Temporary Protected Status does not count as an admission for this purpose.

The bars in INA 245(c), and who is exempt

Section 245(c) bars adjustment for people who worked without authorization, failed to maintain lawful status, or are otherwise out of status. It also bars certain other groups. These bars do not apply to immediate relatives of U.S. citizens: spouses, unmarried children under 21 and parents of adult citizens. That is why a person who overstayed a visa can often adjust through marriage to a citizen, while a person who overstayed and is sponsored by a permanent resident spouse usually cannot.

Some employment-based applicants can rely on INA 245(k), which forgives up to 180 days of status violations or unauthorized work since their last lawful admission.

245(i): an older path that still helps some families

INA 245(i) allows certain people to adjust even if they entered without inspection or violated status, if they pay an added penalty fee. You must be the beneficiary (or a qualifying family member of the beneficiary) of a petition or labor certification filed on or before April 30, 2001. If the filing was after January 14, 1998, the principal also must have been physically present in the United States on December 21, 2000. Old petitions, even ones that were later denied or withdrawn, can matter. We search family records carefully for them.

Concurrent filing and timing

When a visa is immediately available, as it is for immediate relatives, you can usually file the petition and Form I-485 together. In preference categories, you must wait until your priority date is current under the chart USCIS designates that month. The medical exam (Form I-693) must be submitted with the application. Under USCIS policy since June 2025, a medical exam is generally valid only for the application it was submitted with.

Most applicants also file for a work permit (Form I-765) and travel document (Form I-131) while the case is pending.

• Do not travel without advance parole. Leaving the United States while your I-485 is pending generally abandons the application, unless you hold certain statuses such as H-1B or L-1.
• Advance parole has limits. It does not guarantee reentry. If you have accrued unlawful presence, discuss any trip with a lawyer first.

Intent at entry and the 90-day concern

If you entered on a visitor or student visa and married a citizen or filed for a green card shortly afterward, USCIS will look at whether you misrepresented your intent when you entered. Under State Department guidance, conduct inconsistent with your visa within 90 days of entry can raise a presumption of misrepresentation. USCIS is not bound by that 90-day rule, but it may still question your intent at entry. A finding of willful misrepresentation can make you permanently inadmissible unless you qualify for a waiver. If you married or filed soon after arrival, plan for this question before your interview.

The interview

Family-based cases, especially marriage cases, usually include an interview at the USCIS Atlanta Field Office. The officer reviews your application under oath and, in marriage cases, asks about your relationship. Bring originals of your civil documents, recent tax transcripts and proof of your current relationship or job. USCIS updated its guidance on family-based interviews in August 2025 and on evidence and requests for evidence in August 2026, so expect careful questions.

Public charge and the affidavit of support

Most family-based applicants need a Form I-864 affidavit of support from the petitioner, and a joint sponsor if the petitioner’s income is too low. The public charge ground of inadmissibility changed in 2026. DHS rescinded the 2022 rule and published a new final rule, and USCIS guidance under it took effect September 18, 2026. Some applicants, such as asylees and refugees, are exempt from public charge.

If you are in removal proceedings

If you are in immigration court, the immigration judge usually decides your adjustment application, not USCIS. Arriving aliens are an exception. USCIS generally decides their cases even during proceedings. If you have a final order of removal, adjustment may require reopening the case first. Coordinating USCIS and the court is often the most important part of the strategy.

Documents to start gathering

• Passport, visa and I-94 record showing your last entry
• Birth certificate, with certified translation if not in English
• Marriage and divorce records for you and the petitioner
• Evidence of the petitioner’s citizenship or residence
• Tax transcripts and pay records for the sponsor and any joint sponsor
• Certified court records for any arrest or charge
• Any prior immigration applications, notices or court documents

Hypothetical: A man entered Atlanta on a tourist visa, overstayed, and later married a U.S. citizen in Gwinnett County. Because he was inspected and admitted and is now an immediate relative, his overstay and unauthorized work do not bar adjustment under 245(c). His wife files Form I-130 and he files Form I-485 together. If he had crossed the border without inspection, adjustment would generally not be available without 245(i), and the strategy would shift to consular processing with a waiver.

Read more on the USCIS adjustment of status page. You can also learn about our green card services and our help with immigration waivers.

This page reflects USCIS guidance as of November 2026. Rules and procedures change, so confirm current requirements before you file.

How our office can help

If you are looking for an adjustment of status lawyer in Atlanta, our office can confirm whether you were admitted, check for 245(c) bars and 245(i) eligibility, prepare a complete I-485 package with work and travel applications, prepare you and your spouse for the interview, and coordinate with immigration court if you are in proceedings.

Call us today, at (770) 840-9098 to speak with an attorney.

Disclaimer: The information on this page is for general informational purposes only and does not constitute legal advice. Every case is different and past results do not guarantee future outcomes. Results may vary depending on the specific facts and circumstances of your case.