Adjustment of status is the process that you may use to apply for lawful permanent resident status (also known as applying for a Green Card) when you are present in the United States. This means that you may obtain a Green Card without having to return to your home country to complete visa processing.

If you are outside of the United States, you must obtain your visa abroad through consular processing.

Adjustment of status through marriage is the process that an immigrant, who is already in the United States, must undergo to gain lawful permanent resident status (a Green Card) after marrying a US Citizen or an (LPR).

The EAD (work permit) typically arrives within 3-5 months but can be much longer depending on the individual office. Unauthorized employment is not a bar to adjustment of status for the immediate family members of US Citizens.

Adjustment of Status through marriage typically takes around a year if the spouse is a US Citizen, or 22 to 38 months if the spouse is an LPR. An LPR is a Lawful Permanent Resident or “green card holder.”

Travel while Adjustment of Status is pending:

We strongly advise against travel while the I-485 is pending. The I-131 Advance Parole document allows an applicant to leave the US while the applications are pending without having those applications considered abandoned. It does NOT guarantee reentry.

Lawful Permanent Residency and Travel outside of the United States

If you are a lawful permanent resident (green card holder), who does not intend to stay outside the United States for 1 year or more, you may leave the United States multiple times and reenter. However, if you are abroad for 6 months or more per year, you risk having your green card being considered abandoned. This is especially true after multiple prolonged absences or after a prior warning by a CBP officer at the airport. Remaining outside the United States for more than 12 months may result in a loss of lawful permanent resident status. Try to keep all trips under 6 months.

If you intend to stay outside the United States for 1 year or more, you must apply for a re-entry permit with USCIS prior to leaving the United States. A re-entry permit allows a lawful permanent resident or conditional permanent resident to apply for admission to the United States upon returning from abroad during the permit’s validity without the need to obtain a returning resident visa from a US Embassy or US Consulate. Re-entry permits are generally valid for 2 years from the date of issuance. Therefore, if you are outside of the United States longer than the date the permit was issued, you may be denied entry into the United States.

To apply for a re-entry permit, you must file an application for a travel document (I-131) with the USCIS. If you applied for permanent resident status but are not yet officially a lawful permanent resident “green card holder” and you need to leave the United States on an emergency, you must apply for and receive advance parole to leave the United States by filing an I-131 with USCIS.

Be aware that all travel outside the United States will be counted against your physical presence requirements and may count against residency requirements for naturalization purposes.

NOTE: United States government personnel (military and direct-hire civil service employees) and their spouses and minor children who hold Lawful Resident status of the United States may remain outside of the United States for the duration of an official overseas assignment plus four months without losing their resident status. Exceptions exist for family members of military service members.