Statutes · INA §245 / 8 U.S.C. §1255

INA §245 — Adjustment of status

INA § 245 (8 U.S.C. § 1255) lets some people become permanent residents without leaving the United States. You generally need a lawful inspected entry or parole, a visa available when you file, and admissibility. Approval is discretionary, and since May 2026 USCIS has stressed that discretion, so eligibility alone may not be enough.

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General information, not legal advice. See the notice at the end of this page.

What must I show to adjust status inside the United States?

Section 245(a) sets the basic test. You must have been inspected and admitted or paroled, unless you hold an approved VAWA self-petition. You must file Form I-485, be eligible for an immigrant visa, be admissible, and have a visa immediately available on the filing date. A spouse, minor unmarried child or parent of an adult citizen has a visa available at once under INA § 201. Everyone else depends on the priority date system in INA § 203. Find your admission record first: your passport stamp, parole document or Form I-94. If you cannot prove how you entered, resolve that before paying any filing fee, because USCIS must deny an applicant who was neither admitted nor paroled.

Do my overstay, work or entry history block me?

Section 245(c) bars many applicants who fell out of status, worked without permission or violated their visa terms. Immediate relatives of citizens are exempt from the status and work bars, though not from admissibility rules. A person admitted on the Visa Waiver Program generally can adjust only as an immediate relative. Certain employment-based applicants may be excused under § 245(k) if their violations total 180 days or less. Section 245(i) can help someone who entered without inspection only if every condition fits: a qualifying petition or labor certification filed on or before April 30, 2001 and, if filed after January 14, 1998, the beneficiary's physical presence here on December 21, 2000. Supplement A requires an extra $1,000, with narrow exceptions such as a child under 17. If none of these fits, do not leave the country to fix it until a lawyer has reviewed the unlawful presence bars, since departure itself can trigger them.

Why can USCIS say no even if I meet every requirement?

The statute says status may be adjusted in the agency's discretion. Policy Memorandum PM-602-0199 of May 21, 2026 tells officers that adjustment is extraordinary relief where consular processing is available. It treats overstaying or breaking the conditions of a visa or parole as negative factors that may need unusual or even outstanding positive factors to offset, and says a clean record alone does not show them. It also says officers must weigh all factors, including family ties, and explain any discretionary denial in writing. So add proof of family ties, hardship, lawful conduct, taxes, work and community roots. Exceptions exist for dual intent categories and for routes where only adjustment leads to residence. The memo is guidance and did not amend the statute. A suit filed in Massachusetts on October 5, 2026 challenges it, but no order has paused it, so prepare as if it applies.

How do I file Form I-485 correctly right now?

USCIS accepts only the 09/18/26 edition, with no grace period. Filing addresses changed on October 7, 2026, and forms sent to a prior address are accepted only if postmarked by November 9, 2026, so check the Direct Filing Addresses page on the day you mail. The fee is $1,440 on paper or $1,390 online. A child under 14 filing with a parent pays $950 or $900. Refugees, Special Immigrant Juveniles, and T and U applicants pay $0. Paper filers pay using Form G-1450 or G-1650. If you mail the package, include Form I-693 in the civil surgeon's sealed envelope. If you file online, open the envelope, upload the form, and keep the original and envelope to show if asked. USCIS may reject a filing that lacks a required I-693. Most family cases also need Form I-864. Officers may deny for missing initial evidence without asking for it, so send a complete package.

What if I need to travel, or I am already in immigration court?

Leaving while Form I-485 is pending usually abandons the application unless USCIS first granted advance parole on Form I-131 and you were inspected on return. Check with a lawyer before any trip, particularly if you have unlawful presence. Court cases work differently. If you are in removal proceedings, other than as an arriving alien, the immigration judge alone decides adjustment, and USCIS cannot. Arriving aliens generally file with USCIS, with a narrow exception after advance parole travel. If you have a pending case, raise adjustment at your master calendar hearing and do not miss any filing deadline the judge sets. A pending petition gives you no status and does not stop removal proceedings.

What happens if USCIS denies or stalls my application?

There is no appeal from a USCIS denial of Form I-485. If you are not an arriving alien, you can renew the application before an immigration judge if you are placed in proceedings. Under a February 28, 2025 memorandum, USCIS may issue a Notice to Appear when a person is removable, so a denial can start a court case. Read any denial the day it arrives and calendar every date. If a hearing notice follows, confirm the date through our court hearing guide and attend, because a missed hearing can end in a removal order. Before any date passes, ask a lawyer whether a new filing or other relief fits your case.

My case has stopped moving. Are the country holds still in force?

USCIS paused many cases for nationals of 39 countries under memos PM-602-0192 and PM-602-0194 and alert PA-2025-26. A Rhode Island federal court vacated all three, and USCIS said on June 12, 2026 that they should be treated as not in effect. On August 24, 2026 a California federal court certified a class and ordered USCIS to process held cases in the normal course. The class covers citizens or natives of those countries or the Palestinian Authority whose asylum or benefit application was on hold without a final decision at certification. Approval is not automatic. If that describes you, note your receipt number and ask a lawyer about an inquiry or a court action. Ace Immigration can review your entry records and history; see our family immigration service or, if you have a court date, removal defense.

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Frequently asked questions

Can I get a green card without leaving the United States?

Yes, if you qualify under INA § 245, you can become a permanent resident without leaving the United States. You generally need a lawful inspected entry or parole, a visa immediately available on the filing date, and admissibility, and you must file Form I-485. Approval is discretionary, so meeting the requirements alone may not be enough.

Can I adjust status if I entered the U.S. illegally?

Generally not under INA § 245(a): USCIS must deny an applicant who was neither admitted nor paroled, unless the person holds an approved VAWA self-petition. Section 245(i) can help only if every condition fits, including a qualifying petition or labor certification filed on or before April 30, 2001 and, if filed after January 14, 1998, physical presence here on December 21, 2000. Before leaving the country, have a lawyer review the unlawful presence bars.

How much does Form I-485 cost?

Form I-485 costs $1,440 on paper or $1,390 online. A child under 14 filing with a parent pays $950 or $900, and refugees, Special Immigrant Juveniles, and T and U applicants pay $0. Someone filing through INA § 245(i) must also pay an extra $1,000 with Supplement A, with narrow exceptions such as a child under 17.

Can I travel abroad while my green card application is pending?

Usually not without advance parole. Leaving the United States while Form I-485 is pending usually abandons the application unless USCIS first granted advance parole on Form I-131 and you were inspected on return. Check with a lawyer before any trip, particularly if you have unlawful presence.

I overstayed my visa and married a U.S. citizen. Can I still adjust status?

You may be able to, but approval is not assured. Under INA § 245(c), immediate relatives of citizens are exempt from the status and work bars, though not from admissibility rules. USCIS Policy Memorandum PM-602-0199 of May 21, 2026 treats overstaying as a negative factor that may need unusual or even outstanding positive factors to offset, so add proof of family ties, hardship, lawful conduct, taxes, work and community roots.

Can I appeal if USCIS denies my I-485?

No, there is no appeal from a USCIS denial of Form I-485. If you are not an arriving alien, you can renew the application before an immigration judge if you are placed in proceedings. Under a February 28, 2025 memorandum, USCIS may issue a Notice to Appear when a person is removable, so a denial can start a court case.

What is INA §245 — Adjustment of status?

INA § 245 (8 U.S.C. § 1255) lets some people become permanent residents without leaving the United States. You generally need a lawful inspected entry or parole, a visa available when you file, and admissibility. Approval is discretionary, and since May 2026 USCIS has stressed that discretion, so eligibility alone may not be enough.

What should I check before relying on this information?

USCIS paused many cases for nationals of 39 countries under memos PM-602-0192 and PM-602-0194 and alert PA-2025-26. A Rhode Island federal court vacated all three, and USCIS said on June 12, 2026 that they should be treated as not in effect. On August 24, 2026 a California federal court certified a class and ordered USCIS to process held cases in the normal course. The class covers citizens or natives of those countries or the Palestinian Authority whose asylum or benefit application was on hold without a final decision at certification. Approval is not automatic. If that describes you, note your receipt number and ask a lawyer about an inquiry or a court action. Ace Immigration can review your entry records and history; see our [[/services/family|family immigration service]] or, if you have a court date, [[/services/removal-defense|removal defense]].

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