If your parent is currently in the United States on a visitor visa, student visa, or another temporary status, they may not need to leave the country to get a green card. Adjustment of status allows eligible parents to apply for permanent residency from inside the U.S., avoiding the delays and risks that come with consular processing abroad.
At ILOLA, our attorneys have helped hundreds of families keep their parents here. Call us today for a free case review: (213) 375-4084
Serving parents of U.S. citizens nationwide.
What Is Adjustment of Status for a Parent?
Adjustment of status is the process by which a foreign national who is already inside the United States applies to become a lawful permanent resident without leaving the country. For parents of U.S. citizens, this is often the preferred path because it avoids international travel, consular interviews abroad, and the risk of triggering bars related to unlawful presence.
The legal basis for a parent’s green card is the immediate relative visa category, specifically the IR-5 visa. Because parents of U.S. citizens are immediate relatives, there is no annual visa cap and no waiting period tied to a visa bulletin priority date.
Is Your Parent Eligible to Adjust Status Inside the U.S.?
Not every parent currently in the U.S. is eligible to adjust status. Eligibility depends on several factors:
The sponsoring child must:
- Be a U.S. citizen (lawful permanent residents cannot petition for parents)
- Be at least 21 years old at the time of filing Form I-130
- Have a qualifying legal parent-child relationship (biological, adopted, or stepparent in certain circumstances)
The parent must:
- Have entered the United States lawfully with a valid visa or through a qualifying entry
- Be physically present in the U.S. at the time of filing Form I-485
- Not have any disqualifying grounds of inadmissibility (criminal history, fraud, prior removal orders, or certain health-related grounds)
- Have maintained their current visa status, or qualify for an exception
A note on visa overstays: Immediate relatives of U.S. citizens, including parents, are generally permitted to adjust status even after a visa overstay, provided they entered the U.S. legally in the first place. However, this requires detailed legal analysis. If there are concerns about past overstays or unlawful presence, consult an immigration attorney before filing.
Which Visa Statuses Can Parents Adjust From?
Parents currently in the U.S. on the following visa types are commonly eligible to file for adjustment of status:
| Current Visa Type | Generally Eligible to Adjust? |
| B-1/B-2 Visitor Visa | Yes, if entered lawfully |
| F-1 Student Visa | Yes, if entered lawfully |
| H-1B or H-4 Work/Dependent Visa | Yes, if entered lawfully |
| TN or TD (USMCA) Visa | Yes, if entered lawfully |
| L-1 or L-2 Visa | Yes, if entered lawfully |
| J-1 or J-2 Exchange Visitor | Yes, provided not subject to any 2-year home residency requirement |
The Adjustment of Status Process for Parents: Step by Step
Step 1: File Form I-130 (Petition for Alien Relative)
The U.S. citizen child starts the process by filing Form I-130 to establish the parent-child relationship and begin the immigrant visa petition. For parents of U.S. citizens, I-130 and I-485 can often be filed concurrently (at the same time), which can save months of processing time.
Step 2: File Form I-485 (Application to Register Permanent Residence)
Once the I-130 is filed or approved, the parent files Form I-485 to formally apply for adjustment of status. This is the core application for the green card. The parent must be physically present in the U.S. and eligible at the time of filing.
Step 3: File Supporting Forms (Optional)
At the time of filing, the parent may also submit:
- Form I-765 (Application for Employment Authorization) to obtain a work permit while the I-485 is pending
- Form I-131 Optional (Application for Travel Document/Advance Parole) to allow travel outside the U.S. without abandoning the green card application
Filing these forms together with the I-485 can avoid additional fees. Note that leaving the U.S. without an approved advance parole document while an I-485 is pending can result in abandonment of the application.
Step 4: Biometrics Appointment
USCIS will schedule a biometrics appointment to collect fingerprints, photographs, and a digital signature. This is used to conduct background and security checks.
Step 5: Attend the Interview
USCIS will schedule an in-person interview at the local field office. Both the parent and, in some cases, the sponsoring child may be asked to attend. The officer will verify the documents, confirm the parent-child relationship, and assess eligibility for permanent residency.
Step 6: Green Card Approval
If approved, the parent becomes a lawful permanent resident. They will receive a physical green card valid for 10 years.
Required Documents for Adjustment of Status
Gathering accurate, complete documentation is one of the most important steps in the process. Common required documents include:
For the sponsoring U.S. citizen child:
- Proof of U.S. citizenship (U.S. passport, birth certificate, naturalization certificate, or certificate of citizenship) and evidence of parent/child relationship
- Proof of age (must be 21 or older)
- Form I-864 Affidavit of Support, with supporting financial documents (tax returns, pay stubs, employer letter)
For the parent:
- Valid passport (typically must be valid throughout the process)
- Form I-94 Arrival/Departure Record (current entry record)
- Birth certificate with certified English translation
- Two passport-style photos
- Medical examination results from a USCIS-approved civil surgeon (Form I-693)
- Vaccination records
- Evidence of any prior immigration history (and evidence of valid entry)
- Divorce or death certificates if applicable (for prior marriages)
Providing complete and accurate documentation from the start helps avoid Requests for Evidence (RFEs) that can add months to the timeline.
Adjustment of Status for Parents: Current USCIS Filing Fees in 2026
| Form | Fee |
| Form I-130 | $675 |
| Form I-485 (Adjustment of Status) | $1,440 |
| Form I-765 (Work Authorization, if filed with I-485) | $260 |
| Form I-131 (Advance Parole, if filed with I-485) | $630 |
| Medical Examination | (varies by provider) |
Fees current as of 2026. Check uscis.gov for any updates on fees.
Processing Times for Adjustment of Status for Parents
Processing times vary by USCIS field office. As of 2026, average processing times for family-based I-485 applications range from 12 to 18 months. Check current estimated wait times on the USCIS processing times page.
What Happens After the Green Card Is Approved?
Once your parent’s adjustment of status is approved, they will receive a 10-year green card and become a lawful permanent resident. As a permanent resident, your parent can:
- Live and work in the U.S. without restrictions
- Travel internationally (with some conditions)
- Apply for a Social Security number and access certain benefits
- After five years of permanent residency, apply for U.S. citizenship through naturalization
The green card must be renewed before it expires.
Why Work with ILOLA on Your Parent’s Adjustment of Status?
Adjustment of status cases can appear straightforward, but small errors in timing, documentation, or eligibility analysis can set a case back by months or lead to denial. Our attorneys review every case very carefully to catch potential issues before they become problems.
Here is why families trust ILOLA with their parent’s adjustment of status case:
- 99.9% approval rate across case types, including adjustment of status
- Dedicated attorney-led case management from filing through approval
- Full-service representation, including RFE responses and interview preparation
- Transparent pricing with no surprises
- 251+ five-star Google reviews and thousands of approved cases
- 35,000+ successful immigration cases, including a high volume of adjustment of status petitions
- Over 90 years of combined experience in immigration law across our legal team
- Free initial case review
Call (213) 375-4084 or fill out our contact form to review your parent’s eligibility today.
