How to Transition from a Non-Immigrant Visa to Permanent Residency in the U.S.

How to Move from a Nonimmigrant Visa to U.S. Lawful Permanent Residence (Green Card)

Updated: September 17, 2025

Each year, many individuals arrive in the United States on temporary visas (B-1/B-2, F-1, J-1, H-1B, L-1, O-1, etc.) and later transition to lawful permanent residence. This transition is realistic if you choose the right category, keep lawful status, track visa availability in the Visa Bulletin, and prepare evidence carefully. Below you’ll find the main pathways (family, employment, humanitarian, DV), step-by-step guidance for Adjustment of Status (AOS, Form I-485) versus consular processing, common pitfalls, and practical FAQs.

Key point: USCIS distinguishes between filing inside the U.S. via AOS (Form I-485) and abroad through consular processing (NVC/embassy). Your strategy depends on current status, visa number availability, and any limits (e.g., J-1 two-year rule at INA 212(e)).

Main Paths to a Green Card

Family

Immediate Relatives (no quotas): spouses, unmarried children under 21, and parents of U.S. citizens. Concurrent filing of I-130 + I-485 is often possible if you had a lawful admission and no bars apply.

Family Preference (F1–F4): adult children and siblings of U.S. citizens and certain relatives of green card holders; subject to quotas and priority date backlogs.

Employment

EB-1/EB-2/EB-3 via Form I-140; many cases require PERM (ETA-9089). EB-2 NIW allows filing without a job offer/PERM if NIW criteria are met.

When a visa number is immediately available, concurrent filing of I-140 and I-485 may be allowed.

Humanitarian & Special

Refugee/Asylee: eligible to file I-485 one year after grant of status.

U/T visas, VAWA: specific AOS routes when statutory criteria are met.

DV Lottery: if selected, complete consular DS-260 or, if eligible, AOS inside the U.S. within fiscal-year deadlines.

Eligibility & Key Constraints

Lawful Admission & AOS Basis

AOS generally requires an immediately available visa number (except Immediate Relatives) and meeting AOS criteria. For Immediate Relatives of U.S. citizens, visa numbers are always available.

Dual Intent

H-1B and L-1 are dual-intent classifications, easing the immigrant-intent issue when transitioning to permanent residence while maintaining proper status.

“90-Day Rule” (9 FAM)

Rapid changes of intent after entry on a nonimmigrant visa (e.g., marriage and AOS soon after B-2/F-1 entry) may raise misrepresentation concerns. It is not an automatic denial but a risk factor.

J-1 Two-Year Rule (212(e))

Some J-1s are subject to a two-year home-residency requirement. A waiver (DS-3035; hardship via I-612) may be needed before AOS becomes available.

Sections 245(i) & 245(k): 245(i) can allow AOS with a qualifying pre-4/30/2001 filing plus a penalty; 245(k) may forgive up to 180 days of certain violations in some EB cases (not universal).

Adjustment of Status (I-485) Inside the U.S.: Step-by-Step

Confirm visa availability (except Immediate Relatives). If current, consider concurrent filing (I-130/I-140 + I-485).
Assemble the I-485 package: current forms, fees (fee schedule changed 04/01/2024), medical exam I-693, proof of lawful admission/status, and financial evidence (I-864 in family cases).
Biometrics → interview (if required); monitor your case in the USCIS account.

Fees & separate filings: since 04/01/2024, EAD (I-765) and Advance Parole (I-131) have separate fees from I-485.

Consular Processing (Outside the U.S.)

If you are abroad or AOS is not available, the case proceeds via NVC and a U.S. consulate: pay fees, complete DS-260, complete the medical exam and police certificates, then attend the interview. Track visa availability via the Department of State’s Visa Bulletin.

Visa Bulletin & Priority Dates

The DOS publishes monthly “Final Action Dates” and “Dates for Filing.” Each month USCIS announces which chart to use for AOS filings. Immediate Relatives always have visa numbers available; others must follow current bulletin movements.

Tip: check both the monthly USCIS “Visa Availability & Priority Dates” page and the Visa Bulletin—USCIS may switch the chart used for AOS filings.

Indicative Timelines (Chart)

Actual processing varies by quotas, USCIS/NVC workload, and case type. The chart shows typical ranges (months). These are indicative only.

Comparison Table of Main Paths

Key parameters across major immigrant categories
Path	Who Qualifies	AOS Possible?	Key Forms	Quotas	Sensitive Issues / Risks
Immediate Relatives (USC)	Spouse, child <21, parent	Yes; often with I-130	I-130, I-485, I-864, I-693	No	Bona fide relationship, I-864 sufficiency, grounds of inadmissibility
Family Preference (F1–F4)	Adult children/siblings, etc.	Yes, if visa available	I-130, I-485 / DS-260, I-693	Yes	Backlogs (Visa Bulletin), maintaining status until filing
EB-1 / EB-2 / EB-3	Employment; NIW possible in EB-2	Yes, if visa available	ETA-9089 (if PERM), I-140, I-485	Yes	PERM/recruitment, 245(k) up to 180 days, priority dates
U/T → AOS	Victims of crimes/trafficking	Yes, if criteria met	I-485 under 245(m)/245(l)	Limited	Wait times, evidence of cooperation/eligibility
Refugee / Asylee	After 1 year in status	Yes	I-485, I-693	Special	Status preservation, security checks
DV Lottery	Low-admission countries	Yes / or consular	DS-260 (consular) or I-485 (in U.S.)	Yes	Strict fiscal-year deadlines; visas can lapse

Work & Travel While AOS Is Pending

Employment: AOS applicants may request an EAD (category (c)(9)). USCIS has issued longer EAD validity (up to 5 years for some classes) to reduce renewals; track validity dates closely.

Status vs. Authorized Stay: While I-485 is pending, you are typically in authorized stay; violating work/travel rules may jeopardize the case. Use your USCIS account for updates.

Travel: Departing without Advance Parole generally abandons I-485. H-1B/L-1 holders may rely on specific exceptions if all conditions are met.

Affidavit of Support: In family cases, I-864 proves financial support to avoid becoming a public charge.

Pitfalls & How to Avoid Them

Unlawful Presence (3/10-Year Bars)

Accruing unlawful presence can trigger inadmissibility under INA 212(a)(9)(B)/(C). Rules are nuanced; assess carefully and seek counsel if unsure.

Unauthorized Work & 245(k)

Unauthorized employment and status violations can block AOS. In certain EB cases, section 245(k) may forgive up to 180 days, but not in all scenarios.

J-1 (212(e)) Without a Waiver

While subject to 212(e), AOS is typically unavailable. Consider a waiver (DS-3035; hardship via I-612) before pursuing AOS.

“90-Day Rule” & Misrepresentation

Rapid intent changes after B-2/F-1 entry can raise questions. Document bona fide circumstances thoroughly.

Fees & Form Editions

Since 04/01/2024, USCIS fees changed; incorrect fees or outdated editions often cause rejections. Always check current instructions.

Scenario Examples

H-1B → EB-2 (with PERM)

Engineer on H-1B: employer completed PERM (prevailing wage, recruitment, ETA-9089), filed I-140, then I-485 when current. EAD/AP requested. For travel, relied on valid H-1B under the applicable exception.

B-2 → Immediate Relative (Marriage to USC)

Entered lawfully on B-2, bona fide marriage, concurrent I-130 + I-485 with I-864. Considered 9 FAM “90-day” risk. EAD/AP while pending; international travel only with AP.

J-1 (212(e)) → Waiver → AOS

Exchange visitor subject to 212(e) first obtained a waiver (DS-3035; hardship via I-612 if applicable), then pursued the appropriate family/employment path and filed AOS.

U Visa → AOS

After 3 years in U-1 status and meeting statutory criteria, filed I-485 under 245(m). Evidence of cooperation and eligibility was crucial.

FAQ

Can I file I-485 while on B-2 or F-1?

Sometimes—if you had a lawful admission, a current visa number, and no bars (e.g., 212(e) for certain J-1s). Rapid post-entry intent changes may raise 9 FAM concerns.

What about the I-693 medical?

You may submit it with I-485 or in response to an RFE/interview. Ensure a civil surgeon completed the form and that it remains valid at decision time.

Is I-864 required in family cases?

Nearly always. The sponsor must meet income/asset thresholds to prevent the applicant from becoming a public charge.

May I travel while I-485 is pending?

Only with Advance Parole; otherwise, the I-485 is typically considered abandoned. H-1B/L-1 holders may qualify for limited exceptions.

When is concurrent I-140 + I-485 filing possible?

When the immigrant visa is immediately available (or for Immediate Relatives). Check the Visa Bulletin and USCIS monthly guidance on which chart to use.

Official Sources (.gov)

USCIS — Adjustment of Status (I-485)
USCIS — Concurrent Filing
DOS — Visa Bulletin
USCIS — Form I-140; DOL — ETA-9089 (PERM)
USCIS — Form I-485 and Filing Fees (as of 04/01/2024)
USCIS — Affidavit of Support (I-864)
USCIS — Unlawful Presence & Inadmissibility
DOS — 9 FAM 302.9 (90-day rule context)
DOS/USCIS — J-1 212(e) Waiver (DS-3035) and I-612
USCIS — While Your Green Card Application Is Pending
USCIS — Green Card Eligibility Categories
DOS — Diversity Visa Program (DV)