I-485 filing eligibility check
To apply for a green card from inside the U.S., you file Form I-485, Application to Adjust Status (adjustment of status). Being in the U.S. with an immigrant petition does not automatically mean you can adjust status here: how you entered, whether you have always kept lawful status, whether you worked without authorization, and whether you are subject to the J-1 two-year home residency requirement can all determine whether you can process inside the U.S. or must return to your home country to obtain an immigrant visa through a consulate.
This questionnaire is a preliminary screening that covers only the most common statutory requirements and bars. It does not check every detail of the grounds of inadmissibility, and it cannot replace an attorney's period-by-period review of your entry, exit and status records.
What the questionnaire checks
- Category: immediate relative of a U.S. citizen, a family preference category, employment-based (EB-1/2/3), EB-5, or another category. "Other" categories such as asylum, refugee and special immigrant have their own special rules, and the questionnaire will simply recommend booking an attorney consultation.
- Priority date: for categories other than immediate relatives, your priority date must be current on the chart USCIS designates for that month. Immediate relatives are not subject to a visa backlog, so this question is hidden automatically.
- Lawful admission: whether your most recent entry was inspected and admitted or paroled.
- Manner of entry: nonimmigrant visa, Visa Waiver Program (ESTA), K-1/K-2, transit without visa, or crewman status; different manners of entry carry different bars.
- Maintaining status: whether, since entry, you have had lapsed status, violated the terms of your status or worked without authorization, and the total number of days.
- The J-1 two-year home residency requirement and prior refusals of admission, removals, fraud or criminal records.
Rules and legal basis
| Item | Rule | Basis |
|---|---|---|
| Basic requirements | Inspected and admitted or paroled; an immigrant visa number immediately available (priority date current); eligible for a green card and not inadmissible | INA §245(a) |
| Crewmen | Those who entered as crewmen (e.g., D visa, C-1/D visa) cannot adjust status (except 245(i) beneficiaries) | INA §245(c)(1) |
| Status problems and unauthorized employment | Those whose status has lapsed, who have not continuously maintained lawful status, who have worked without authorization or who violated the terms of their nonimmigrant status generally cannot adjust status | INA §245(c)(2), (c)(7), (c)(8) |
| Transit without visa | Those who entered under transit without visa (TWOV) cannot adjust status (except 245(i) beneficiaries) | INA §245(c)(3) |
| Visa Waiver Program | Those who entered under the Visa Waiver Program (ESTA) cannot adjust status, except immediate relatives of U.S. citizens | INA §245(c)(4) |
| Immediate relative exception | Spouses, unmarried children under 21 and parents (where the citizen is at least 21) of U.S. citizens are not subject to the bars for lapsed status and unauthorized employment, but must still have been inspected and admitted or paroled | INA §245(c)(2), (c)(8); USCIS Policy Manual |
| 180-day exemption for employment-based cases | EB-1, EB-2 and EB-3 (and some special immigrant) applicants may be exempted if, since their most recent lawful admission, status problems and unauthorized employment total no more than 180 days. Does not apply to EB-5 | INA §245(k) |
| Section 245(i) | Beneficiaries (including qualifying family members) of an immigrant petition or labor certification filed on or before April 30, 2001 may adjust status despite entry without lawful admission or status problems, upon paying an additional fee and meeting other conditions | INA §245(i); 8 CFR 245.10 |
| K-1 entrants | May adjust status only based on marriage to the original petitioner (the U.S. citizen) | INA §245(d) |
| J-1 two-year home residency requirement | Those subject to 212(e) who have not obtained a waiver must first fulfill the two-year home residency requirement or obtain a waiver before they can adjust status | INA §212(e) |
On priority dates: each month USCIS announces whether employment-based and family-based cases use the "Final Action Dates" or the "Dates for Filing" chart that month, and the dates on the two charts may differ. For how to check, see How to read the U.S. Visa Bulletin.
Reading the results
- Appears able to file inside the U.S.: no common obstacles were found. Before filing, still verify which chart applies that month and prepare evidence of lawful admission and maintenance of status.
- May be able to file, but there are issues to evaluate: for example, entry records need verification, your status history is uncertain, an immediate relative had status problems, an immediate relative entered on ESTA, a K-1 entry, or prior records.
- Usually cannot file inside the U.S. at this time: for example, the priority date is not current, entry without inspection with no 245(i) eligibility, entry under transit without visa or as a crewman, a non-immediate relative who entered on ESTA, employment-based status problems exceeding 180 days, or being subject to 212(e) without a waiver. In these situations you may need to consider consular processing, but departing the U.S. may itself carry other consequences (such as the 3-year / 10-year bars triggered by unlawful presence). Be sure to consult an attorney first.
Common questions
I am the spouse of a U.S. citizen and my visa has expired. Can I still get a green card inside the U.S.?
If you were inspected and lawfully admitted (for example, you entered on a visa and received an I-94), immediate relatives of U.S. citizens are generally not subject to the bars for lapsed status and unauthorized employment and can usually still adjust status inside the U.S. If you entered without inspection, however, this generally does not apply unless you qualify under 245(i) or another special provision.
When does the 245(k) 180-day count start?
It is counted cumulatively from your most recent lawful admission, including days of lapsed status, status violations and unauthorized employment. Checking your I-94, I-20, approval notices and payroll records period by period is important, especially when the total approaches 180 days.
I entered on ESTA and then married a U.S. citizen. Can I get a green card?
Immediate relatives of U.S. citizens who entered under the Visa Waiver Program can generally adjust status. However, if you intended to marry and remain in the U.S. at the time of entry, there may be an issue of misrepresentation at entry, which an attorney needs to evaluate against your timeline.
The questionnaire says I "cannot file inside the U.S." Does that mean there is no way?
Not necessarily. The questionnaire is only a preliminary screening. Some situations can be resolved through waivers, 245(i), consular processing or other means, while in others leaving the U.S. is actually riskier. Bring your entry, exit and status records and book an attorney consultation for a detailed evaluation.
Related reading
- Adjustment of status (I-485): eligibility, process and travel risks
- I-485 adjustment of status document checklist
- How to read the U.S. Visa Bulletin
Complicated entry or status history, and not sure whether you can apply for a green card inside the U.S.? Book an attorney review and we will check your status history period by period.
Results are for reference only and are not legal advice. Laws and policies may change; rely on the latest USCIS information and an attorney's advice for your specific situation.