IMMIGRATION SERVICES
Some people can become permanent residents without leaving the United States. Learn the key requirements, the exceptions, and what has changed in 2026.
Attorney James Betzold · 17+ years of experience · Nationwide service by phone or video
For Information Only
This page is general information to help you understand whether you might qualify. It is not legal advice. Every case is different, and only a legal consultation with Attorney James Betzold can determine whether you are eligible.
Adjustment of status is the process of becoming a lawful permanent resident (getting a green card) without leaving the United States. Instead of attending an immigrant visa interview at a U.S. consulate abroad, you complete your case here, often while living with your family.
Not everyone in the United States can adjust status. The law requires an available immigrant category, a lawful entry, and, for many people, a record of maintaining status. There are important exceptions for close relatives of U.S. citizens, for people protected by the old 245(i) law, and for survivors of abuse, crime, and trafficking. The rules have also become stricter in 2025 and 2026.
You may be able to adjust status if:
Adjustment is not a category by itself. You need a basis for a green card, such as a family relationship, a job, or a humanitarian status, and a green card must be available in that category. Relatives in family “preference” categories may need to wait for their priority date.
Most applicants must show they presented themselves to an immigration officer at a port of entry and were admitted (for example, with a visa) or paroled. In general, people who entered without inspection cannot adjust unless 245(i) or a special category such as VAWA applies.
Many applicants must also show they never worked without permission and stayed in lawful status until they applied.
The spouse, unmarried child under 21, or parent (of a citizen 21 or older) of a U.S. citizen is an “immediate relative.” Immediate relatives who entered lawfully are forgiven for overstaying a visa and for past unauthorized work. They still must have been inspected and admitted or paroled, so this exception does not help someone who entered without inspection.
An older law, section 245(i), allows some people to adjust status even if they entered without inspection, overstayed, or worked without permission. You may be “grandfathered” if:
A grandfathered person may be able to adjust through a newer petition, such as one from a U.S. citizen spouse. An extra penalty applies, and 245(i) does not fix every problem.
These groups have broader waivers available.
Waivers (“perdones migratorios”) exist for some of these problems, but not all.
The other way to get a green card is consular processing: the relative attends an immigrant visa interview at a U.S. embassy or consulate abroad and enters the U.S. as a permanent resident.
The right path depends on how you entered and your history.
Usually not through adjustment, unless you are protected by 245(i), are a VAWA self-petitioner, or qualify under another special rule. Consular processing with a waiver may be an option for some.
Often yes. Spouses of U.S. citizens who entered lawfully are generally forgiven for overstaying. Recent enforcement reports make it important to speak with an attorney first.
Most family-based applicants should expect one. Given recent changes, it is wise to talk with an attorney well before any interview.
It might. Under the rule effective September 18, 2026, officers may consider a wider range of benefits. Many humanitarian applicants are exempt.
Yes, generally after three years in that status, if other requirements are met.
The rules for adjustment of status have changed quickly in 2026, and a careful review of your history matters. Attorney James Betzold offers consultations by phone or video, anywhere in the United States. Call +1 (833) 847-2335 to find out which path may be right for you and your family.
The information on this page is provided for general informational purposes only and is not legal advice. Reading this page, contacting our office, or scheduling a case evaluation does not create an attorney-client relationship. Every immigration case is different and depends on its own facts, history, and the law in effect at the time. Immigration laws, policies, and court decisions change often, and this information (current as of October 2026) may not reflect the most recent changes. Meeting a requirement described here does not mean you qualify or that any application will be approved. Eligibility can only be determined through a legal consultation with Attorney James Betzold, who will review your individual situation. Do not act, or decide not to act, based on this page alone. Past results do not guarantee a similar outcome.
