• You have already been approved for an immigrant visa petition and you also have an immigrant visa number available from the State Department.  Immigrant visa petitions are usually filed by a close relative or an employer.  Visa numbers are limited by law every year. This means that even if the U.S. Citizenship and Immigration Services (USCIS) approves an immigrant visa petition for you, you may not get an immigrant visa number immediately. In some cases, several years could pass between the time USCIS approves your immigrant visa petition and the State Department gives you an immigrant visa number. For information on filing immigrant visa petitions and obtaining an immigrant visa number, also see:

Family Immigration
Employment Immigration
Investment Immigration
Immigrant Visa Numbers

• A visa number may be immediately available for you if USCIS approves an immigrant visa petition for you. There is no limit on the number of immigrant visas available each year for certain categories of people, such as the immediate relatives of U.S. citizens and certain special immigrants. This means that if the USCIS approves an application for you to become an immigrant, the State Department will immediately give you an immigrant visa number. In these cases, you may apply to adjust to permanent resident status at the same time that an application is filed for you to become an immigrant.
  
  Immediate relatives of U.S. citizens are parents, spouses, and unmarried children under 21. (For instance, you can apply to adjust to permanent resident status at the same time that your U.S. citizen daughter files an application for you to become an immigrant.) Other immigrant petitions that would fall under this category include special immigrant juvenile and special immigrant military petitions. For information on filing these immigrant visa petitions and obtaining an immigrant visa number, also see:

Immigrant Visa Numbers
Bringing My Spouse to Live in the U.S.
Bringing My Children to Live in the U.S.
Bringing My Parents to Live in the U.S.
USCIS Form I-360 (special immigrant juvenile and special immigrant military petitions)

• You were a fiancé who was admitted to the United States on a K-1 visa and then married the U.S. citizen who applied for the K-1 visa for you. (If you did not marry the U.S. citizen within the 90-day time limit, your spouse also must now file USCIS Form I-130, Petition for Alien Relative). Your unmarried, minor children are also eligible for adjustment of status. See Bringing My Fiancee to Marry in the U.S. for more information.
• You are an asylee or refugee who has been in the United States for at least a year after being given asylum or refugee status and still qualify for asylum or refugee status. See How Do I Apply for Asylum? and How Do I Get Resettled in the United States as a Refugee? for more information.

• You are a Cuban citizen or native who has been in the U.S. for at least a year after being inspected, admitted, or paroled into the United States. Your children may also be eligible for adjustment of status.

• You have been a continuous resident of the United States since before January 1, 1972.

• Your parent became a legal permanent resident after you were born. You may be eligible to receive following-to-join benefits. In these cases, you may apply to adjust to permanent resident status at the same time that your parent applies for following-to-join benefits for you. For more information, see Bringing My Children to Live in the U.S.

• Your spouse became a legal permanent resident after you were married. You may be eligible to receive following-to-join benefits. In these cases, you may apply to adjust to permanent resident status at the same time that your spouse applies for following-to-join benefits for you. For more information, see Bringing My Spouse to Live in the U.S.

There may be other reasons that you are eligible for adjustment to permanent resident status. Please see USCIS Form I-485 for more complete information.


You may be ineligible for adjustment to permanent resident status if:

• You entered the U.S. while you were in transit to another country without obtaining a visa.
• You entered the U.S. while you were a nonimmigrant crewman. A nonimmigrant is a foreign national seeking to temporarily enter the United States for a specific purpose.
• You were not admitted or paroled into the United States after being inspected by a U.S. Immigration inspector.
• You are employed in the United States without USCIS authorization or you are no longer legally in the country (except through no fault of your own or for some technical reason). This rule does not apply to you if:
• You are the immediate relative of a U.S. citizen (parent, spouse, or unmarried child under 21 years old).
• A K-1 fiancé or the child of K-2 fiancé who married the U.S. citizen who petitioned for you within 90 days of being admitted to the country.
• Certain foreign medical graduates, international organization employees and family members.
• You are a J-1 or J-2 exchange visitor who must comply with the two-year foreign residence requirement, and you have not met or been granted a waiver for this requirement.
• You have an A (diplomatic status), E (treaty trader or investor) or G (representative to international organization) nonimmigrant status, or have an occupation that would allow you have this status. This rule will not apply to you if you complete USCIS Form I-508 (I-508F for French nationals) to waive diplomatic rights, privileges and immunities. If you are an A or G nonimmigrant, you must also submit USCIS Form I-566.
• You were admitted to Guam as a visitor under the Guam Visa Waiver Program.
• You were admitted into the United States as a visitor under the Visa Waiver Pilot Program. This rule does not apply to you if you are the immediate relative of a U.S. citizen (parent, spouse, or unmarried child under 21.).
• You are already a conditional permanent resident.
• You were admitted as a K-1 fiancé but did not marry the U.S. citizen who filed the petition for you. Or, you were admitted as the K-2 child of a fiancé and your parent did not marry the U.S. citizen who filed the petition for you.

There may be other reasons that you are ineligible for adjustment to permanent resident status. Please see USCIS Form I-485 for more complete information.

For more information, return to: Becoming a Permanent Resident (Immigrant) While in the U.S.

The information provided in this website is not legal advice and should not be interpreted as legal advice. This website is intended to provide a basic understanding of this information in summary form. This information may not be comprehensive, is subject to change, and may not apply to all individual circumstances. Any information received here should be confirmed with the appropriate government agencies or with an attorney, particularly as it relates to your individual circumstances. Your use of this website indicates your agreement to be bound by our Terms of Use.