Adjustment of Status: Can You Get Your Green Card Without Leaving the United States?

For some immigrants, getting a green card does not require leaving the United States.

Adjustment of Status (AOS) allows certain eligible individuals who are already in the United States to apply for lawful permanent residence without completing the entire immigrant visa process through a U.S. embassy or consulate abroad.

But here's the important part:

Being inside the United States does not automatically mean you qualify for Adjustment of Status.

Your manner of entry, family or employment petition, immigration history, current status, criminal history, and other circumstances can all matter.

What Is Adjustment of Status?

Adjustment of Status is the process of applying for lawful permanent residence from inside the United States.

The primary application is Form I-485, Application to Register Permanent Residence or Adjust Status.

Depending on the case, an applicant may also file other applications or petitions, such as a family petition, employment petition, work authorization application, or travel document.

USCIS reviews the application to determine whether the person is eligible to become a permanent resident under the applicable immigration category.

Who May Qualify?

There are several ways a person may potentially qualify for Adjustment of Status.

For example, some applicants may qualify through:

• A U.S. citizen spouse or other qualifying family relationship;

• An employment-based immigrant petition;

• Certain special immigrant categories;

• Refugee or asylee status;

• VAWA;

• Certain humanitarian programs; or

• Other immigration categories provided by law.

However, having an approved petition does not automatically mean that the person can adjust status.

There are additional requirements that must be reviewed.

One of the Most Important Questions: How Did You Enter the United States?

This can make a major difference. For many adjustment applicants, the person generally must have been inspected and admitted or inspected and paroled into the United States.

There are exceptions and special rules for certain categories of applicants. For example, some immediate relatives of U.S. citizens may have protections that allow adjustment despite certain status violations, while other applicants may be subject to additional restrictions.

If you entered the United States without being inspected or admitted, do not assume that marriage to a U.S. citizen automatically fixes the issue.

Your case should be evaluated before filing.

What About Parole Entries?

Many people are surprised to learn that a parole entry can sometimes satisfy one of the basic requirements for Adjustment of Status.

Under immigration law, many applicants seeking adjustment must demonstrate that they were inspected and admitted or inspected and paroled into the United States. This means that, in some situations, an individual who entered the United States through a grant of parole may be eligible to pursue Adjustment of Status even if they were not formally admitted with a visa.

However, parole alone does not automatically make someone eligible for a green card. The applicant must still satisfy all other requirements, including having an appropriate immigration category available, being admissible to the United States, and meeting any other eligibility requirements that apply to the case.

Because parole programs and policies can change, it is important to evaluate each case individually before assuming that a parole entry creates eligibility for Adjustment of Status.

Adjustment of Status and Advance Parole Travel

Many applicants file for Advance Parole while their Adjustment of Status application is pending. Advance Parole is a travel document that may allow certain applicants to leave the United States and return without automatically abandoning their pending green card application.

However, international travel during the Adjustment of Status process should never be taken lightly.

In many cases, departing the United States while Form I-485 is pending without first obtaining Advance Parole can result in USCIS treating the Adjustment of Status application as abandoned. Even a short trip outside the country may create serious immigration consequences.

In addition, Advance Parole does not guarantee admission into the United States. Upon return, travelers remain subject to inspection by U.S. Customs and Border Protection and may face additional issues depending on their immigration history. Certain applicants with prior unlawful presence, removal orders, or other inadmissibility concerns should obtain individualized legal advice before making travel plans.

With the recent changes to advance parole, it is best to discuss your potential international travel with an immigration attorney to see if your departure could affect your pending application.

What If You Overstayed Your Visa?

An overstay does not automatically mean that you can never obtain a green card. Whether an overstay affects your eligibility depends on how you entered the United States, the category through which you are applying, and your individual immigration history.

This is one of the reasons why two people who are both married to U.S. citizens can have completely different Adjustment of Status cases.

What If You Worked Without Authorization?

Unauthorized employment can also affect Adjustment of Status depending on the applicant's category and circumstances.

Some applicants may have exceptions to certain adjustment bars, while others may not.

If you have worked without authorization, it is important to disclose it accurately and determine whether it affects your eligibility before filing Form I-485.

What If You Have a Criminal Record?

This is an area where we strongly recommend obtaining legal advice before filing. An arrest, charge, conviction, or other criminal history may affect whether someone is admissible to the United States.

Even if a case was dismissed or happened many years ago, it may still be important to understand exactly what happened.

Do not assume that a dismissed case or an old conviction is automatically irrelevant to your immigration case.

AOS and the Immigration Medical Exam: An Important Update

USCIS made an important policy change in June 2025 concerning Form I-693, Report of Immigration Medical Examination and Vaccination Record.

USCIS clarified that Form I-693 is generally valid only for the immigration benefit application for which it was submitted. This means applicants should not automatically assume that a medical examination submitted in a previous immigration case can simply be reused for a new application.

For most applicants who need a medical examination, the examination must be completed by a USCIS-designated civil surgeon.

If you're preparing an I-485, make sure you understand the current medical-exam requirements before filing.

An Approved Petition Does Not Guarantee a Green Card

Many people are surprised to learn that an approved immigrant petition is only one part of the process.

Whether someone is applying through a family member, employer, VAWA petition, or another immigration category, USCIS must still determine whether the applicant is eligible to adjust status and admissible to the United States.

Issues involving unlawful presence, criminal history, prior immigration violations, fraud or misrepresentation, public charge concerns, and other factors may still affect eligibility even after the underlying petition has been approved.

An approved petition may create a pathway to permanent residence, but it is not the same thing as an approved Adjustment of Status application.

Why Legal Analysis Matters

One of the most common misconceptions about Adjustment of Status is that eligibility can be determined by a single fact, such as being married to a U.S. citizen or having an approved petition.

In reality, Adjustment of Status cases often involve multiple legal issues that must be analyzed together. A person's manner of entry, prior immigration history, unlawful presence, criminal record, prior removal proceedings, visa category, and other factors can all affect eligibility.

Two individuals may appear to have nearly identical situations but have very different immigration options. For example:

• One person may qualify to adjust status in the United States;

• Another may require consular processing abroad;

• Another may need a waiver before becoming eligible; or

• Another may be barred from adjustment altogether.

Adjustment of Status is also a discretionary benefit under the immigration laws, meaning that meeting the basic statutory requirements is only part of the analysis. USCIS must still determine whether the applicant is eligible and merits approval under the circumstances of the case.

Before filing Form I-485, it is important to understand not only whether you have a pathway to a green card, but whether Adjustment of Status is the correct pathway for your specific situation.

What Happens After You File?

The process generally involves the following steps:

1. Filing Form I-485

You submit the application and supporting evidence to USCIS.

2. Biometrics

USCIS may require fingerprints, photographs, and other information for background

checks.

3. Interview

USCIS may schedule an interview to review your application and eligibility.

4. Additional evidence, if requested

USCIS may issue a Request for Evidence if additional documentation is needed.

5. Decision

USCIS may approve, deny, or otherwise act on the application depending on the

circumstances.

If approved, the applicant becomes a lawful permanent resident.

Thinking About Applying for Your Green Card?

Adjustment of Status can be an excellent option for eligible individuals who qualify to obtain permanent residence without leaving the United States. However, eligibility is often more complex than many people realize.

The fact that someone is married to a U.S. citizen, has an approved petition, or is physically present in the United States does not automatically mean that Adjustment of Status is available.

A careful review of your immigration history, manner of entry, prior applications, criminal history, and available immigration options can help determine the best path forward and avoid costly delays or denials.

At Burchett Law, PLC, we help individuals and families understand their immigration options and navigate the Adjustment of Status process.

If you're considering applying for a green card from inside the United States and you're not sure whether your immigration history could affect your case, schedule a consultation before you file.

Contact Burchett Law, PLC to discuss your Adjustment of Status case and your options.

This article is for general informational purposes only and does not constitute legal advice. Immigration laws, policies, forms, and procedures can change. Individual eligibility depends on the facts and circumstances of each case.