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Alert: On Nov. 2, 2020, the U.S. District Court for the Northern District of Illinois vacated the Inadmissibility on Public Charge Grounds final rule (84 Fed. Reg. 41,292 (Aug. 14, 2019), as amended by Inadmissibility on Public Charge Grounds; Correction, 84 Fed. Reg. 52,357 (Oct. 2, 2019)) (Public Charge Final Rule) nationwide. That decision was stayed by the U.S. Court of Appeals for the Seventh Circuit. On March 9, 2021, the Seventh Circuit lifted its stay, and the U.S. District Court for the Northern District of Illinois’ order vacating the Public Charge Final Rule went into effect.
We immediately stopped applying the Public Charge Final Rule to all pending applications and petitions that would have been subject to the rule. USCIS continues to apply the public charge inadmissibility statute, including consideration of the statutory minimum factors in the totality of the circumstances, in accordance with the 1999 Interim Field Guidance, which was in place before the Public Charge Final Rule was implemented on Feb. 24, 2020, to the adjudication of any application for adjustment of status. In addition, USCIS will no longer apply the separate, but related, “public benefits condition” to applications or petitions for extension of nonimmigrant stay and change of nonimmigrant status.
On or after March 9, 2021, applicants and petitioners should not provide information required solely by the Public Charge Final Rule. That means that applicants for adjustment of status should not provide the Form I-944, Declaration of Self-Sufficiency, or any evidence or documentation required on that form with their Form I-485. Applicants and petitioners for extension of nonimmigrant stay and change of nonimmigrant status should not provide information related to the receipt of public benefits on Form I-129 (Part 6), Form I-129CW (Part 6), Form I-539 (Part 5), and Form I-539A (Part 3).
If an applicant or petitioner has already provided such information, and USCIS adjudicates the application or petition on or after March 9, 2021, we will not consider any information provided that relates solely to the Public Charge Final Rule, including, for example, information provided on the Form I-944, evidence or documentation submitted with Form I-944, and information on the receipt of public benefits on Form I-129 (Part 6), Form I-129CW (Part 6), Form I-539 (Part 5), and Form I-539A (Part 3).
If you received a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) requesting information that is solely required by the Public Charge Final Rule, including but not limited to Form I-944, and your response is due on or after March 9, 2021, you do not need to provide the information solely required by the Public Charge Final Rule. However, you need to respond to the aspects of the RFE or NOID that otherwise pertain to the eligibility for the immigration benefit you are seeking. If USCIS requires additional information or evidence to make a public charge inadmissibility determination under the statute and consistent with the 1999 Interim Field Guidance, we will send you another RFE or NOID. For information about the relevant court decisions, please see the litigation summary.
USCIS published new form editions for affected forms. Starting April 19, 2021, we will only accept the 03/10/21 editions. Until then, you can also use the prior editions specified on each form webpage.
U.S. immigration law allows certain aliens who are family members of U.S. citizens and lawful permanent residents to become lawful permanent residents (get a Green Card) based on specific family relationships. If you are the spouse, minor child or parent of a U.S. citizen, please see the Green Card for Immediate Relatives of U.S. Citizen page for information on how to apply for a Green Card.
Other family members eligible to apply for a Green Card are described in the following family “preference immigrant” categories:
This page provides specific information for aliens in the United States who want to apply for lawful permanent resident status based on a family preference category while in the United States. This is called “adjustment of status.” You should also read the Instructions for Form I-485, Application to Register Permanent Residence or Adjust Status (PDF, 1.4 MB) before you apply.
If you are currently outside the United States, see Consular Processing for information about how to apply for a Green Card as a family preference immigrant.
If you are currently in the United States, you must meet the following requirements to be eligible for a Green Card as a family preference immigrant:
Inspected and Admitted or Inspected and Paroled
Generally, to be eligible to adjust status, you must be present in the United States after being “inspected and admitted” or “inspected and paroled” by an immigration officer. There are some limited exceptions to this eligibility requirement. For more information, see the USCIS Policy Manual Volume 7, Adjustment of Status, Part B, Chapter 2, Section A, “Inspected and Admitted” or “Inspected and Paroled”.
Eligibility to Receive an Immigrant Visa
You are eligible to receive an immigrant visa if you are the beneficiary of:
You may be barred from adjusting status depending on how you entered the United States or if you committed a particular act or violation of immigration law. You are ineligible to apply for adjustment of status if one or more bars to adjustment listed in section 245(c) of the Immigration and Nationality Act (INA) apply to you. For more information, please see the USCIS Policy Manual Volume 7, Adjustment of Status, Part B, 245(a) Adjustment.
Applying Under INA 245(i)
You may be able to adjust status under INA 245(i) even if you are subject to one or more adjustment bars and are therefore ineligible for adjustment of status under INA 245(a). For more information, see the Instructions for Form I-485 Supplement A, Adjustment of Status Under Section 245(i) (PDF, 559.26 KB)(PDF).
To qualify for a Green Card, you must be admissible to the United States. Reasons why you may be inadmissible are listed in INA 212(a) and are called grounds of inadmissibility.
In general, we can only approve your Green Card application if none of the grounds of inadmissibility apply to you. As a family preference immigrant, the following ground of inadmissibility does not apply to you:
If you are inadmissible, the law may allow you to apply for a waiver of inadmissibility or other form of relief. For more information, see Form I-601, Application for Waiver of Grounds of Inadmissibility and Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal. If we grant a waiver or other form of relief is granted, we may approve your application for a Green Card if you are otherwise eligible.
Whether a waiver or other form of relief is available depends on the specific inadmissibility ground(s) that applies to you and the category you are adjusting under. Eligibility requirements for waivers and other forms of relief vary. For information on the grounds of inadmissibility and waivers, please see USCIS Policy Manual Volume 8, Admissibility, and Volume 9, Waivers.
If you are currently in the United States, an immigrant visa is immediately available to you as a family preference immigrant, and you meet certain other requirements, you may file Form I-485, Application to Register Permanent Residence or Adjust Status, to apply for a Green Card without leaving the country. If a visa is immediately available, you may file your Form I-485:
For information on visa availability, see Visa Availability and Priority Dates, Adjustment of Status Filing Charts. You can view the Visa Bulletin on the Department of State’s website.
If you are the named beneficiary of a Form I-130, you are called the principal applicant. As the principal applicant, you should submit the following documentation and evidence to apply for a Green Card as a family preference immigrant who is already in the United States:
Note: Certain forms, including Form I-485, have a filing fee. You must submit the correct filing fee for each form, unless you are exempt or eligible for a fee waiver. Please see our Filing Fees and Fee Schedule webpages for more information.
For more information on applying for a Green Card, see the Form I-485 instructions (PDF) (PDF, 1.4 MB) and our forms filing tips webpage.
If you are the spouse or unmarried child (under 21 years of age) of a family-based principal applicant, you may apply for a Green Card as a derivative applicant. For more information on derivatives and eligibility for adjustment of status, please see USCIS Policy Manual Volume 7, Part A, Chapter 6, Section C, Subsection C – Derivatives.
Eligibility Criteria for Adjustment as Derivative Applicant
In order to be eligible for a Green Card as a derivative applicant in a family-based preference category, you must meet the following requirements:
What Derivative Applicants Should Submit
If you are a derivative applicant (spouse or child), you should submit the following evidence to apply for a Green Card under a family-based preference immigrant category:
Certain forms, including Form I-485, have a filing fee. You must submit the correct filing fee for each form, unless you are exempt or eligible for a fee waiver. Please see our Filing Fees and Fee Schedule for more information.
Generally, when you have a pending Form I-485, you may apply for employment authorization by filing Form I-765, Application for Employment Authorization.
You may also apply for an advance parole document by filing Form I-131, Application for Travel Document. An advance parole document authorizes you to appear at a port of entry to seek parole into the United States after temporary travel abroad. If you need to leave the United State temporarily while your Form I-485 is pending, please see the Form I-131 Instructions for more information. Generally, if you have a pending Form I-485 and you leave the United States without an advance parole document, we will consider you to have abandoned your application.
For more information, see our Employment Authorization and Travel Documents webpages.
