Filing for adjustment of status (Form I-485) is one of the most important steps in the U.S. immigration process. It allows certain applicants already inside the United States to apply for lawful permanent residency (a green card) without having to leave the country. But the question most applicants ask is: When can I file my adjustment of status application?
The answer depends on whether your case is employment-based or family-based, and on what the Department of State’s Visa Bulletin says about your priority date.
Understanding the Basics
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Adjustment of Status (AOS): The process for applying for a green card while inside the U.S. by filing Form I-485 with USCIS.
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Priority Date: The date your immigrant petition (such as I-130 or I-140) was filed. Your priority date must be “current” before you can file for AOS.
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Visa Bulletin: Published monthly by the U.S. Department of State, it tells you whether a visa number is available for your category and country of chargeability.
Family-Based Adjustment of Status
Immediate Relatives of U.S. Citizens
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Spouses, unmarried children under 21, and parents of U.S. citizens are considered “immediate relatives.”
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For these applicants, there is no visa backlog – meaning in some cases you can file Form I-485 at the same time as Form I-130 (Petition for Alien Relative), or any time after it’s filed.
Other Family Categories
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Family preference categories (such as spouses and children of permanent residents, adult child and siblings of U.S. citizens) are subject to annual visa limits.
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For these applicants, you must wait until your priority date is current in the Visa Bulletin before filing for adjustment of status.
Example: If you are the spouse of a permanent resident (F2A category), you cannot file until your priority date is current in the “Dates for Filing” or “Final Action Dates” chart, depending on USCIS guidance for that month.
Employment-Based Adjustment of Status
Employment Preference Categories
Employment-based green cards (EB-1, EB-2, EB-3, etc.) are also subject to annual visa quotas and country caps.
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If your priority date is current in the Visa Bulletin for your category and country & you meet other eligibility criteria, you may file Form I-485.
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If it is not current, you must wait until the cutoff date in your category and country moves beyond your priority date.
Concurrent Filing
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If you are in the U.S. and your priority date is current, you may file Form I-140 (Immigrant Petition for Alien Worker) and Form I-485 at the same time (“concurrent filing”).
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If your category retrogresses (moves backward) after filing, your pending I-485 remains valid, but final approval will have to wait until your date is current again.
How USCIS Decides Which Visa Bulletin Chart to Use
Each month, USCIS announces whether family-based and employment-based applicants must use the Final Action Dates chart or the Dates for Filing chart from the Visa Bulletin.
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Final Action Dates chart → A green card can actually be issued.
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Dates for Filing chart → Applicants can file Form I-485, even if a green card cannot be approved until later.
Checking DOS’s monthly guidance before filing is critical.
Key Takeaways
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Family-Based Immediate Relatives: Can file if they meet eligibility criteria, no waiting for visa numbers.
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Family Preference Categories: Must wait until the priority date is current.
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Employment-Based Applicants: Must wait until the Visa Bulletin shows your priority date is current.
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Always Check the Visa Bulletin: Filing eligibility changes monthly.
Final Thoughts
Knowing when you can file your adjustment of status application is crucial for planning your immigration journey. Whether you are applying through family sponsorship or employment, your eligibility depends on visa availability and your priority date. To avoid mistakes and delays, always review the monthly Visa Bulletin and USCIS filing chart guidance. Since every case is unique, consulting with an experienced immigration attorney can help you determine the right timing and strategy for your situation.
REBECCA KROLL is an Associate Attorney at Richards and Jurusik who practices exclusively in U.S. immigration law, focusing on both business and family-based immigration. She assists clients with employment-based visas, marriage and family cases, and the U.S. citizenship process. (Full Bio)
