---
title: "Adjustment of Status"
type: Legal Term
source: https://casebriefly.com/legal-terms/adjustment-of-status
---

# Adjustment of Status

Adjustment of status is the process under INA section 245 by which a noncitizen already present in the United States may apply to change from a nonimmigrant or other status to lawful permanent resident (LPR) status without departing the country. The applicant must generally be eligible for an immigrant visa, have a visa number immediately available, have been inspected and admitted or paroled into the U.S., and not be subject to any bars under INA section 245(c). This domestic procedure serves as an alternative to consular processing abroad, and USCIS adjudicates such applications (Form I-485). Certain grounds of inadmissibility may be waived in the adjustment context, but unlawful presence bars and prior removal orders can significantly complicate eligibility.

## Related Terms

- green-card-permanent-residency
- consular-processing
- inadmissibility
- visa

## Related Cases

- chevron-usa-inc-v-natural-resources-defense-council

## Example

A foreign national on an H-1B work visa whose employer-sponsored I-140 petition is approved files Form I-485 to adjust status to lawful permanent resident without having to return to her home country for visa processing.

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Source: [Adjustment of Status — CaseBriefly](https://casebriefly.com/legal-terms/adjustment-of-status)