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Client Guide

From Petition to Green Card

This guide covers what happens after a family or employment petition is already approved — the adjustment of status or consular processing step that actually results in a green card. It assumes the underlying petition (an I-130 or I-140) has been filed and approved; for the petition step itself, see the I-130 Petition, Family Petition, or Marriage Green Card guides. It applies broadly across family and employment categories rather than to one relationship type, so timelines and category-specific detail are necessarily general here — ask us for an estimate specific to your case and category.

Step 1 — Adjustment of Status

Once a family or employment petition is approved, adjustment of status is the final step to becoming a permanent resident.

If you're already in the U.S., you file Form I-485 to adjust from your current status to permanent resident, without leaving the country.

Step 1 — Consular Processing

If you're outside the U.S., your case goes through the National Visa Center and a visa interview at a U.S. consulate abroad.

While Your Case Is Pending

Work authorization — you may be able to apply for an EAD while adjustment of status is pending.

Travel document — advance parole allows travel abroad without abandoning your application.

Timeline — varies by service center and category; see How Long This Takes below for where to check the current figure rather than a fixed number.

Other family and employment categories can take considerably longer depending on the visa preference category and country of birth. We'll give you a case-specific estimate.

Documents to Gather

  • Approved petition (I-130 or I-140)
  • Birth certificate, translated if needed
  • Medical exam (Form I-693)
  • Passport-style photos
  • Affidavit of support, if applicable
  • Passport and visa history

Bottom Line

Timelines vary by category and service center and change over time — see How Long This Takes, and Where to Check below rather than relying on a fixed figure.

First Question: Is a Visa Available to You Yet?

Before either path can be used, a visa number has to be available in your category. This is the step that determines whether you are waiting months or years, and it has nothing to do with how well your case is prepared.

Immediate relatives of U.S. citizens — spouse, unmarried child under 21, and parent of a citizen 21 or older — are not subject to an annual limit. A visa is treated as available at all times, so the green card application can follow the petition immediately or be filed alongside it.

Family preference categories and the employment-based preference categories are subject to annual numerical limits, capped again by country of birth. Your priority date is your place in that queue, and the Department of State's monthly Visa Bulletin shows how far the queue has moved. USCIS posts each month which of the bulletin's two charts adjustment applicants may use.

Cut-off dates can move backward as well as forward. Retrogression is a normal feature of the system and is not a sign that anything went wrong with your case.

Choosing Between the Two Paths

For many people there is no choice — you are either in the United States in a posture that allows adjustment, or you are not. Where there is a choice, the trade-offs are worth naming.

Adjusting status inside the United States means you never leave, you can apply for work authorization and a travel document while you wait, and the interview happens at a USCIS field office. It is generally the safer route for anyone with a complicated immigration history, because departing the country can trigger consequences that staying does not. Safer is not the same as easy. Adjustment has always been a discretionary decision, and since May 2026 USCIS has directed officers to weigh a history like an overstay or unauthorized work more heavily before granting it. The same history that makes staying the safer choice is the history an officer will look hardest at — which is an argument for preparing the case carefully, not for leaving.

Consular processing means the interview happens at a U.S. embassy or consulate abroad and the person arrives already approved. It can be faster in some categories and at some posts, and it is the only option for someone who is outside the United States or who is not eligible to adjust here.

Eligibility to adjust generally requires that you were inspected and admitted or paroled into the United States. Certain status problems that follow a lawful entry are forgiven for immediate relatives of U.S. citizens; entry without inspection is a different issue and usually is not. This is the question to settle first, because it decides everything after it.

Where You Are Is the Starting Point, Not the Answer

It is tempting to read the section above as a rule about geography — inside the United States means adjustment of status, outside means a consulate. That is where the analysis starts. It is not where it ends.

Adjustment of status is governed by INA § 245, which generally requires that you were inspected and admitted or paroled into the United States. Section 245(c) then bars several categories of applicant from adjusting even though they are physically here. Section 245(i) is a narrow exception that grandfathers certain people who were the beneficiary of a qualifying petition or labor certification filed by a long-past cutoff date, and it carries its own filing fee on Form I-485 Supplement A. It is not a general fix, and most people do not qualify for it.

The reverse is not automatic either. Departing the United States while an I-485 is pending is generally treated as abandoning it unless you hold an approved advance parole document. And for anyone who has accrued unlawful presence, a departure can trigger the three- or ten-year bars under INA § 212(a)(9)(B) — the risk our consular processing guide sets out in detail.

So being here narrows the question rather than answering it. How you entered, what happened to your status afterward, whether you have ever left, and whether a petition was filed for you years ago all feed into it.

There is a discretionary layer on top of the statutory one. A USCIS policy memorandum in effect since May 2026 directs officers to treat adjustment of status as extraordinary relief rather than a routine approval, weighing your history rather than just checking it against the statutory bars — and it applies to applications already pending, not only to new filings. A case that clears every statutory question can still turn on how an officer weighs it.

This is exactly what a consultation is for, and it is a conversation to have before anything is filed.

The Medical Examination

Every applicant needs a medical examination, and it must be done by the right doctor. Inside the United States, that means a civil surgeon designated by USCIS — not your own physician. Abroad, it means a panel physician authorized by the specific consular post handling your case.

The exam covers a required vaccination record along with screening for certain communicable diseases and other health-related grounds of inadmissibility. Bring your vaccination records with you; missing doses can usually be given at the appointment, but only if you know they are missing.

Timing matters, and the rules about how long a completed exam remains usable have changed in recent years. USCIS publishes current guidance on this, so confirm before scheduling — an exam done too early or too late is a delay that is entirely avoidable.

Working and Traveling While You Wait

Neither work authorization nor permission to travel is automatic. Both come from separate applications that can be filed alongside an adjustment of status application, each with its own fee and its own processing time.

Advance parole is the travel document. Leaving the United States while an adjustment application is pending, without an approved advance parole document, can be treated as abandoning the application. Some nonimmigrant categories allow their holders to travel and return without advance parole — confirm whether yours is one of them before you book anything, rather than after.

There is a separate and larger risk for anyone who has accrued unlawful presence. Departing can trigger a three- or ten-year bar on returning, and as of August 13, 2026 an approved advance parole document no longer prevents that. The Board of Immigration Appeals held in Matter of Delcarmen-Lara that leaving on advance parole counts as a departure for those bars, overruling the rule that had applied since 2012. Advance parole still protects the application from being treated as abandoned; it no longer protects the person. If you were ever in the United States without status, treat any international travel as a decision to discuss before you book it.

The rules governing automatic extensions of expiring work permits have changed recently and are less generous than they were. File renewals early and do not assume a gap will be covered.

What a Green Card Case Costs

Two separate kinds of cost run through a green card case, and it helps to keep them apart. USCIS filing fees are government fees, paid directly to USCIS along with the forms. Attorney fees are what you pay a firm for the work. Neither one substitutes for the other, and a fee waiver from USCIS does not reduce what a law firm charges.

On the USCIS side, the adjustment of status application itself — Form I-485 — is currently $1440 filed on paper or $1390 filed online for an applicant over the age of 14. An applicant under 14 filing at the same time as a parent's I-485 is currently $950 on paper or $900 online.

The underlying petition is a separate fee. Form I-130 is currently $675 on paper or $625 online. Form I-140 is currently $715 on paper or $665 online, plus additional fees that apply to some employers.

The applications filed alongside an adjustment carry their own fees. Work authorization on Form I-765 is currently $260, paper or online, for an applicant whose I-485 was filed with a fee on or after April 1, 2024 and is still pending; outside that situation the general I-765 fee is currently $520 on paper or $470 online. Advance parole on Form I-131, for someone with a pending I-485, is currently $630 on paper or $580 online. Form I-864, the affidavit of support, carries no filing fee. The current fee schedule does not list a separate biometric services fee for the I-485.

Some real costs are not USCIS fees at all. The immigration medical examination is billed by the designated civil surgeon, who sets their own price, and it varies widely from one office to another — it is worth calling more than one. Certified translations of foreign civil documents are an out-of-pocket cost as well.

A case decided abroad carries a different set of charges, including Department of State visa fees and the USCIS Immigrant Fee, currently $235, paid after the visa is issued. Our consular processing guide covers that path.

On the attorney side, our intake call is free, a full consultation with our attorney is a flat $125 credited toward your retainer if you hire us, and case work is quoted as a flat fee before you commit to anything. What that fee is depends on the case — a filing that needs a waiver, or that carries a complicated history, is not the same piece of work as a straightforward one.

Fees current as of September 7, 2026, taken from the USCIS fee schedule (Form G-1055, edition 05/29/26) — confirm the current amount at uscis.gov/forms/filing-fees before filing.

How Long This Takes, and Where to Check

We do not publish a single number for this, because there is not one. USCIS publishes its own current processing times at egov.uscis.gov/processing-times, broken out by form, by the category within that form, and by the service center or field office handling the case. That tool is the right place to look, and it moves as the underlying data moves.

What changes the number: which office or service center has your case, which category you filed under — an immediate relative of a U.S. citizen is not on the same track as a family or employment preference applicant — whether an interview is scheduled or waived, and how complete and consistent the record is. A case that draws a request for evidence or a second interview takes longer than one that does not.

There is also a wait that has nothing to do with processing speed. In a preference category, no one adjudicates the green card application until a visa number is available under the monthly Visa Bulletin. That queue runs for years in some categories and for some countries of birth, and cut-off dates can move backward as well as forward.

When we take a case, we look up the current figure for your form, your category, and your office, and we tell you what it says at that moment. We recommend checking it the same way rather than relying on a number you read somewhere — including an older version of this page.

The Interview and the Decision

Most adjustment cases include an interview, though USCIS waives it in some categories where the record is complete and consistent. Consular cases always include an interview at the post.

The officer will confirm your identity, go through the application questions with you — including the ones about arrests, prior filings, and misrepresentations — and confirm the basis of your case. Bring originals of what you filed, plus anything that has changed since.

A decision does not always arrive at the interview. Cases are frequently taken under advisement while an officer completes background checks or reviews something further, and that is routine rather than ominous.

If something is missing, do not assume you will get a chance to fix it. Since August 5, 2026, USCIS officers may deny a filing outright, without first issuing a request for evidence, where the required initial evidence is missing or the record does not establish eligibility. The next section covers what that means for how a filing should be put together.

What Happens If the Evidence Is Incomplete

This changed recently, and it changed in a direction that matters. In Policy Alert PA-2026-05, issued August 5, 2026, USCIS restored its officers’ full discretion to deny a benefit request outright — without first issuing a Request for Evidence or a Notice of Intent to Deny — when the required initial evidence is not submitted or the record does not establish eligibility.

You are not entitled to a follow-up request. An officer may still issue one, and in many cases will, but the older expectation that a thin filing simply draws an RFE you can answer later is no longer the policy. USCIS stated that the guidance is effective immediately and applies to benefit requests that were already pending as well as to new ones.

If a request does arrive, the timeline is tighter than it was. USCIS is no longer instructed to give the full twelve weeks as a matter of course; twelve weeks is the maximum an RFE response period may be, and an officer may set less. Thirty days is the maximum for a Notice of Intent to Deny. USCIS also eliminated the extra 14 days it used to add when a notice was mailed to someone outside the United States.

One more detail worth knowing: if you send in a response that only partly answers a request, USCIS treats that as asking it to decide the case on what it has. There is no partial credit for getting most of the way there.

The practical consequence is the reason we work the way we do. Treat the initial filing as your one complete presentation of the case — every required form, every required document, certified translations where they are needed, and an explanation for anything unusual — rather than as an opening offer that can be improved later.

What Delays a Green Card Case

  • A medical examination that is missing, incomplete, or done by a physician who is not designated for this purpose
  • An affidavit of support that falls short of the income requirement, with no joint sponsor prepared
  • Missed biometrics appointments and unreported address changes
  • Foreign civil documents without certified English translations, or documents that do not match what is available from that country
  • Travel abroad while the case is pending without an approved advance parole document
  • Arrests or citations that were never disclosed, including charges that were dismissed
  • Filing the green card application before a visa number is available in a preference category
  • Letting a work permit lapse instead of renewing it early

After the Green Card Arrives

Check the card carefully as soon as it arrives — the name, the date of birth, the category code, and the expiration date. Errors happen, and they are far easier to correct immediately.

If your permanent residence came through a marriage that was less than two years old on the day residence was granted, the card is conditional and valid for two years. That card cannot be renewed; the conditions have to be removed by a separate filing during the 90 days before it expires. See our removal of conditions guide.

Permanent residence can be affected by long absences from the United States. Extended trips abroad raise questions about whether you have maintained residence, and they affect naturalization eligibility separately. Talk to us before a long trip, not after.

Keep the card valid, keep your address updated with USCIS, and keep a copy of everything filed in your case. The file you build now is the file your naturalization application will draw on years from now.

Who This Guide Is Not For

This guide starts after a petition exists. If you have not filed one yet, see the I-130 guide for family cases or the family petition guide for who you are eligible to sponsor.

If your case is marriage-based, the marriage green card guide follows that specific path more closely, including the interview and the conditional card.

If past unlawful presence, a prior misrepresentation, or a criminal issue may stand in the way, the waivers of inadmissibility guide describes the tools that exist for that problem — and it is a conversation to have before filing, not after a denial.

If your path to status runs through asylum, a T or U visa, or a VAWA self-petition, those categories reach permanent residence on their own terms and have their own guides.

Frequently Asked Questions

What is the difference between adjustment of status and consular processing?

Adjustment of status is filed with USCIS by someone already in the United States, who never has to leave; the interview happens at a USCIS field office. Consular processing runs through the National Visa Center and a U.S. embassy or consulate abroad, and the person arrives already approved. Eligibility to adjust generally requires having been inspected and admitted or paroled at entry.

How long does the green card process take?

It depends on the form, the category, and the office handling the case, and the figure changes over time. USCIS publishes current processing times at egov.uscis.gov/processing-times, broken out by form, category, and service center or field office, and that is the number to work from. In a preference category there is a further wait that has nothing to do with processing speed: no one adjudicates the application until a visa number is available under the monthly Visa Bulletin. We look up the current figure for each case we take rather than quoting a general one.

Can I work while my green card application is pending?

Only with authorization. Work authorization is a separate application that can be filed alongside an adjustment of status application; it is not automatic, and it carries its own fee and processing time. Renew it early, because the rules on automatic extensions of expiring work permits have recently become less generous.

Can I travel outside the United States while my case is pending?

Not without planning it first. Departing while an adjustment application is pending, without an approved advance parole document, can be treated as abandoning the application. Anyone with prior unlawful presence faces a further and now larger risk: since August 13, 2026, leaving on advance parole is treated as a departure that can trigger a three- or ten-year bar on returning. Advance parole keeps the application alive; it does not keep the bar from attaching.

Who can do the immigration medical exam?

Inside the United States, only a civil surgeon designated by USCIS — not your regular doctor. Abroad, only a panel physician authorized by the consular post handling your case. Bring your vaccination records, and confirm current guidance on timing before scheduling, since the rules on how long a completed exam remains usable have changed in recent years.

Will my green card be conditional?

It is conditional, and valid for two years, if your permanent residence is based on a marriage that was less than two years old on the day residence was granted. Otherwise you receive a ten-year card. A conditional card cannot be renewed — the conditions must be removed by filing Form I-751 during the 90 days before it expires.

How much does a green card application cost in USCIS filing fees?

As of August 23, 2026, Form I-485 is $1,440 filed on paper or $1,390 filed online for an applicant over 14, and the underlying petition is separate — Form I-130 is currently $675 on paper or $625 online. Work authorization and advance parole carry their own fees, and the medical examination is billed by the civil surgeon rather than by USCIS. These are government fees paid directly to USCIS and are separate from attorney fees. Confirm the current amounts at uscis.gov/forms/filing-fees before filing.

Do I pay a separate fee for work authorization and a travel document?

Yes, in most cases. As of August 23, 2026, Form I-765 is $260 for an applicant whose I-485 was filed with a fee on or after April 1, 2024 and is still pending, and advance parole on Form I-131 is $630 on paper or $580 online for someone with a pending I-485. Neither document is automatic and neither is included in the I-485 fee. Confirm current amounts at uscis.gov/forms/filing-fees.

Will USCIS send me a request for evidence if something is missing?

Not necessarily. Under a policy alert USCIS issued on August 5, 2026, officers may deny a case outright — without first issuing a Request for Evidence or a Notice of Intent to Deny — when the required initial evidence is missing or the record does not establish eligibility. That guidance applies to cases already pending as well as to new filings. Treat the initial filing as your one complete presentation of the evidence rather than counting on a chance to fix it later.

I am already in the United States. Does that mean I can adjust status here?

Not automatically. INA § 245 generally requires that you were inspected and admitted or paroled into the country, and § 245(c) bars several categories of applicant from adjusting even while physically present here. Section 245(i) is a narrow grandfathered exception that most people do not qualify for. Being in the United States narrows the question rather than answering it, which is why we ask about every entry and departure before anything is filed.

General information only — not legal advice.

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