Last Updated: December 18, 2025

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Effective December 12, 2025, USCIS has changed how it decides whether it can reuse a photo you already gave them for your immigration application. This update affects many people who apply for immigration benefits and receive identity documents like work permits or travel documents.

Here’s what you need to know:

What Is a “Reused Photo”?

When you apply for an immigration benefit, USCIS often takes your photo at a biometric services appointment. This usually happens at an Application Support Center.

In the past, USCIS sometimes reused an old photo instead of asking you to come in for a new one. This helped reduce in-person visits, especially during the COVID-19 pandemic.

Why Did USCIS Change the Policy?

Under earlier rules, USCIS could reuse old photos. In some cases, the photo on an identity document could be 20+ years old by the time the document expired.

USCIS decided this was not ideal for secure identity documents. So, the agency updated the rules to make sure photos are more recent and accurate.

The New Rule: 3-Year Photo Limit

Under the new policy:

• USCIS can only reuse a photo if it was taken within the last 3 years (36 months)
• The 3-year clock is counted from the date the photo was taken at a biometric services appointment
• The rule applies at the time you file your application.

If the photo USCIS has on file for you is older than 3 years, USCIS will require you to take a new photo.

Which Applications Always Need a New Photo?

Even if your photo is recent, USCIS will not reuse photos for these applications:

• Form N-400 (Naturalization)
• Form N-600 (Certificate of Citizenship)
• Form I-90 (Replace or Renew a Green Card)
• Form I-485 (Adjustment of Status)
  

For these forms, USCIS will always collect new biometrics, including a new photograph.

Important Things to Know

• USCIS can still ask for a new photo at any time, even if your old photo is less than 3 years old
• USCIS will not use photos you upload yourself
  The old rules about calculating photo age based on document validity are gone
• The new rule is simpler and stricter

When Does This Take Effect?

• The policy is effective immediately
• It applies to applications filed on or after December 12, 2025
• It replaces any older USCIS guidance on photo reuse

Bottom Line

If you filed an immigration application recently:

• Your photo must have been taken within the last 3 years for USCIS to reuse it
• Many common applications will still require a new photo no matter what
• USCIS has the final say on whether a new photo is needed

Remember, if USCIS asks you to attend a biometric appointment, it does not mean something is wrong—it simply means they need updated information.

You can rely on SimpleCitizen to keep you updated on immigration policy changes as they are announced. We’re happy you’re here!

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This is legal information. Nothing in this blog post should be interpreted as legal advice. For legal advice specific to your immigration situation consult with a licensed immigration attorney.

Last Updated: December 17, 2025.

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President Trump has announced a new and expanded U.S. travel ban that will start on January 1, 2026. This new order affects nationals of 39 countries and people traveling with Palestinian Authority-issued travel documents.

Below is a clear breakdown of what this means, who is affected, and who is not.

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When Does the New Travel Ban Start?

The new travel ban goes into effect at 12:01 a.m. Eastern Time on January 1, 2026. No visas issued before that date will be canceled because of this ban.

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Who Is Affected by the Travel Ban?

The travel ban mainly affects people who:

• Are outside the United States on January 1, 2026; and
• Do not have a valid visa on January 1, 2026.

If you meet both of these conditions and are from one of the countries listed, you may not be able to get a new visa. Individuals from the countries listed who have valid visas may continue to use those visas for travel, however, such individuals may experience enhanced screening at ports of entry. 

Please note that President Trump's proclamation exempts individuals who have a valid visa as of January 1, 2026, from this new version of the travel ban. Some leading law firms say this suggests that such individuals should be able to apply for new visas in the same or a different category after January 1, 2026. Additionally, based on how similar bans were interpreted during the first Trump Administration, it is possible that those physically present in the United States on January 1, 2026, should be exempt from this policy and may be able to apply for a new visa in the same or a different category after January 1, 2026. However, it is not known whether individuals in either of these situations would be able to obtain new visas, and it is recommended that those who are impacted exercise caution when planning international travel. 

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Countries with Full Visa Restrictions

Nationals of the following countries cannot receive any immigrant or nonimmigrant visas under the new ban:

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Countries with Partial Visa Restrictions

For nationals of the following countries:

• Immigrant visas are suspended, and
• Visitor, student, and exchange visas (B, F, M, and J visas) are also suspended

Some work visas (like H-1B or L-1) may still be issued, but the U.S. government may limit how long those visas are valid—sometimes to just three months and one entry.

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Special Rule for Turkmenistan

Turkmenistan is the only country with fewer restrictions than before:

• Nonimmigrant visas are allowed, including tourist and student visas
• Immigrant visas are still suspended, unless an exception applies

Who Is NOT Affected by the Travel Ban?

You are not affected by the ban if you fall into one of these groups:

• You are inside the U.S. on January 1, 2026
• You have a valid U.S. visa on January 1, 2026
• You are a U.S. green card holder
• You are a dual citizen and travel on a passport from a non-banned country
• You are a diplomat or government official traveling on certain government visas
• You qualify for a Special Immigrant Visa as a U.S. government employee
• You are an athlete or member of an athletic team, including coaches, those performing a necessary support role, and immediate relatives, traveling for the World Cup, Olympics, or other major sporting event as determined by the Secretary of State
• You qualify for a national interest exception (these are expected to be very rare)

Asylum seekers and refugees are also not affected, and people can still apply for asylum or protection under international law. However, keep in mind that USCIS has paused making decisions on asylum cases under another policy change that was put in place earlier this month. 

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USCIS Application Delays May Happen

As discussed in a previous article, USCIS has already paused many immigration applications for people from travel-ban countries. This includes people born in a banned country, even if they are citizens of another country.

This means some cases may be delayed or put on hold.

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What Can You Do Now?

If you or a family member may be affected:

• Check whether your country is on the list
• If possible, considering returning to the U.S. before January 1, 2026
• Be careful about international travel after that date
• Get legal help reviewing your options before making travel or visa plans

For those affected by these changes, we know this must be a stressful and overwhelming time. Please rest assured that SimpleCitizen will continue to share updates as more details become available. We’re happy you’re here!

This is legal information. Nothing in this blog post should be interpreted as legal advice. For legal advice specific to your immigration situation consult with a licensed immigration attorney. 

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U.S. Citizenship and Immigration Services (USCIS) has recently announced major changes that will affect many people who have pending or already-approved immigration applications. These changes take effect right away.

The new policy puts certain applications on hold, orders USCIS officers to take a second look at already-approved cases, and stops all processing of asylum applications for now. These steps come after the national guard attacks in Washington, DC, and a new presidential policy focused on security.

Here’s what this means.

What USCIS Is Doing

According to the new memorandum, USCIS will now:

1. Pause processing of all asylum applications

USCIS will place a hold on every Form I-589 (asylum and withholding of removal), no matter where the applicant is from, pending a comprehensive review. This hold will remain in place until lifted by the USCIS director. No specific date has been given. 

2. Pause pending applications for people from 19 “high-risk” countries

If someone lists one of these countries as their country of birth or citizenship, USCIS will stop work on their pending case until it is fully reviewed. This applies even if the person entered the U.S. years ago.

3. Re-review certain approved cases

If someone from one of the 19 countries entered the U.S. on or after January 20, 2021, USCIS will re-review their already approved immigration benefit. Officers may also extend this review to people who entered before that date.

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Which Applications Are Affected?

USCIS says many types of immigration cases could be paused or reviewed again, including:

• Form I-485 (green card applications)
• Form I-90 (green card replacements)
• Form I-131 (travel documents / advance parole)
• Form I-751 (removal of conditions on permanent residence)
• Form N-470 (preserving residence for naturalization)
  

Keep in mind that this list may grow and employer-filed petitions could also be affected if the worker is from one of the listed countries. We’ll be sure to keep you updated as we receive more guidance from the government.

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What the Re-Review Includes

Every affected person will go through a rereview process. As part of this process the policy states USCIS may:

• Schedule an interview;
• Require a second interview, even for applications that normally do not require one;
• Ask for more evidence; and/or
• Delay a decision until all reviews are complete
  

USCIS states that the goal is to identify security or public-safety risks. Officers will look at identity, background information, and possible security-related grounds of ineligibility. USCIS also notes in their policy document that interview waivers will not be permitted for applicants from the 19 countries listed above.

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Who Is Most Likely to Be Affected?

You may be affected if:

• You were born in or are a citizen of one of the 19 listed countries and you have a pending immigration application.
  
• You are from one of those 19 countries and your application was already approved, but you entered the U.S. on or after January 20, 2021.
  
• You have a pending asylum application (from any country).
  

Please note that because USCIS is using “country of birth or citizenship,” even people who are no longer nationals of a listed country may be affected.

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What This Means for Applicants

If you are affected by this policy change, you should prepare for:

• Longer processing times
• Extra security checks
• Requests for more documents
• Being called in for an interview or re-interview

Unfortunately, this means delays for many people. USCIS says the review process is necessary for national security, even though it will slow down certain cases.

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Possible Future Changes

The administration is also considering expanding the list of countries. If that happens, even more applicants could face paused cases or re-reviews.

We know that changes like this can feel overwhelming and stressful. Please rest assured that SimpleCitizen will continue to monitor these updates and provide clear information as the situation develops. Please reach out to us if you have questions and we will help however we can. And, as always, we’re happy you’re here.

This is legal information. Nothing in this post is legal advice. For legal advice about your personal immigration situation consult with a licensed immigration attorney.

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Get a guided look at how SimpleCitizen supports your immigration journey from start to finish. In this webinar, our team walks through how the platform works, what to expect at each step of the process, and how our pricing and services are structured—so you can move forward with clarity and confidence.

Your immigration journey is personal—and having clear guidance can make all the difference. Now that you’ve seen how the SimpleCitizen process works, you’re one step closer to starting your application. If this webinar helped you better understand your options, we invite you to take the next step: begin your case or reach out to our Live Chat team with any additional questions.

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We're happy you're here!

Understanding the Department of State’s Requirements for Chinese Documents in USCIS Applications

When applying for a green card or other U.S. immigration benefits, Chinese citizens must submit various documents to the U.S. Citizenship and Immigration Services (USCIS). For many applicants, this includes birth and/or death certificates, which must meet specific requirements set by both the Department of State (DOS) and USCIS. In this post, we’ll explain the requirements for submitting Chinese birth and death certificates, including notarization, translations, and what to expect during the application process.

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Chinese Birth Certificates

For Chinese applicants, a Notarial Birth Certificate (Gong Zheng Shu) is typically required. This document is issued by a local Notary Public Office (Gong Zheng Chu) in China. The birth certificate serves as proof of an individual's identity, date of birth, and parentage, and it must meet the following criteria:

1. Issuing Authority and Seal Requirements: The notarial birth certificate should have a watermark, seal, and red stamp to ensure its authenticity. It will typically list the applicant’s full name, gender, date of birth, place of birth, both parents' names, and the applicant's National ID number (for those born after 2012).
2. Translation Requirement: All notarial documents, including the birth certificate, must include an English translation. This translation must be certified and accompanied by a statement confirming that it is accurate and conforms to the original Chinese text. Your notarial birth certificate may already include an English translation. If it does, then you likely do not need to obtain an additional translation for this document.

Chinese Marriage Certificates

If you are submitting a marriage certificate as part of your USCIS application, you’ll most likely need a Notarial Marriage Certificate (Gong Zheng Shu) from a Chinese Notary Public Office. Here’s what to expect:

Types of Notarial Marriage Certificates‍

There are two types of notarial marriage certificates in China:

1. Notarial Certificate for Marriage: This certificate verifies the legality and authenticity of the marriage itself, including the couple’s names, and the date and place of marriage.
2. Notarial Marriage Certificate: This certificate certifies that a copy of the original marriage certificate matches the original document.

Both types of certificates are accepted by USCIS, but the document must meet certain format standards, such as including a watermark, seal, and red stamp.

How to Obtain a Notarial Marriage Certificate

1. Issuing Authority: A local Notarial Office (Gong Zheng Chu) in China is responsible for issuing notarial marriage certificates. These offices are part of the Ministry of Justice and are located in both major cities and rural areas.
2. Required Documents: To obtain the certificate, you will need your National ID, household registration (Hu Kou Bu), and the original marriage certificate. If you live abroad, you may need to submit a copy of your passport. You’ll also need to provide photographs (at least two) and, if applicable, an authorization letter if someone else is requesting the certificate on your behalf.
3. No Certified Copies: Only the original certificate will be accepted by USCIS.‍
4. Translation Requirements
   All Chinese notarial certificates, including marriage certificates, must be translated into English. The translation must be certified and accompanied by a statement confirming that the English translation is accurate and consistent with the original Chinese document.‍‍

Applicants should be aware that same-sex marriages are not legally recognized in China, so applicants from same-sex marriages may face additional documentation challenges.

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Conclusion

Chinese citizens applying for U.S. immigration benefits through USCIS must carefully follow the U.S. Department of State’s guidelines for submitting their vital documents. By ensuring that your documents are properly notarized, translated, and supported by the necessary evidence, you can avoid delays and ensure that your application goes smoothly. Always check the specific requirements for the form you are submitting, and if you are unsure, consider doing your case with SimpleCitizen! SimpleCitizen has helped hundreds of Chinese citizens through this process! Ready to get started? We’re happy you’re here.

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Knowing which USCIS form to file when your green card is expiring can be confusing but is essential to ensuring that your application is processed as quickly and as smoothly as possible. In this guide, we will clarify the differences between the two primary forms used to address expiring green cards:  

1. Form I-90, Application to Replace Permanent Resident Card (Green Card), and 
2. Form I-751, Petition to Remove Conditions on Residence. 

We will outline when each form is used, as well as some of the primary differences between the two processes. Let’s dive in! 

Understanding the Two Primary Green Card Categories:

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First, it's important to understand the two primary green card categories, each of which require a unique “renewal” process when the card is nearing its expiry: 

1. Conditional Permanent Resident Cards/Green Cards, 
   
   1. Valid for 2 years from the date of issue.  
   2. Conditional on the applicant being able to provide additional evidence
   3. Requires the removal of the applicant’s green card / legal permanent residence “conditional status” rather than a formal renewal 
      
2. Permanent Resident Cards, 
   
   1. Valid for 10 years from the date of issue 
   2. Requires a renewal of the applicant's green card / legal permanent residence status 

To know whether you have a standard green card or a conditional green card, simply compare your green card expiration date with your green card issue date.

• If valid for 2 years, you likely have a conditional green card.
• If valid for 10 years, you likely have a standard green card.

Why Conditional Green Cards are Issued: 

Conditional green cards are typically issued when the green card is obtained through marriage, and the marriage was less than two years old at the time of issuance. The idea is that the green card benefit is “conditional” on the applicant being able to provide USCIS with additional evidence of a “bona-fide” / legitimate relationship two years after the green card was issued. This is done by filing Form I-751, Petition to Remove Conditions on Residence and by including extensive relationship evidence at the time of filing. USCIS will evaluate the application and determine if sufficient proof has been provided that the marriage was entered into for legitimate reasons. If the application is approved, USCIS will remove conditions on the permanent resident status and issue a 10-year green card. 

 Applicants who have been married more than 2 years at the date the green card was issued OR who obtained a green card through a different filing category than marriage, generally receive a 10-year green card initially.  

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Key Differences Between the Two Processes 

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Here’s a detailed comparison of the two processes based on the type of green card you hold:

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Key Takeaways

1. Form I-751 is for removing conditions on a 2-year conditional green card.
2. Form I-90 is for replacing an incorrect, damaged, or missing green card as well as renewing a 10-year permanent resident card.
3. Filing on time is critical to avoid legal or logistical complications.

Need Help with Your Application? 

SimpleCitizen helps save you time and money by simplifying the green card renewal and condition removal process. Take our eligibility quiz to get started and use the code TAKE10 at check out to save 10% off your purchase! 

We’re happy you’re here and we can’t wait to work with you! 

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In the world of U.S. immigration, the terms "citizenship" and "naturalization" are often used together, leading to a common question: Are they the same thing? While they are closely related, they are not interchangeable. Understanding the distinction can help you understand your journey within the U.S. immigration system.

Think of it this way: Citizenship is the status, while naturalization is one of the paths to get there.

This article breaks down the precise meanings of each term, who they apply to, and why it’s important to know the difference.

What is U.S. Citizenship?

U.S. citizenship is the highest status a person can hold under U.S. law. It grants a person all the rights, freedoms, and responsibilities protected by the U.S.Constitution.

These rights include:

• The right to vote in federal, state, and local elections.
• The right to run for public office (with some exceptions).
• The ability to travel with a U.S. passport.
• Eligibility for employment by the federal government. 
• Protection from deportation.

How Do You Get Citizenship?

There are two primary ways a person can become a U.S. citizen:

What is Naturalization?

Naturalization is the legal process by which a foreign citizen or national, who is a Lawful Permanent Resident (Green Card holder), can become a U.S. citizen.

This is the path taken by immigrants who were not U.S. citizens at birth. As defined by U.S. Citizenship and Immigration Services (USCIS), naturalization is the way a person voluntarily becomes a U.S. citizen.

The naturalization process is a formal application that involves several steps, including:

• Meeting Eligibility Requirements: This includes being at least 18, being a Lawful Permanent Resident for a set period (typically 3 or 5 years), and meeting continuous residence and physical presence requirements.
• Filing Form N-400: This is the official "Application for Naturalization."
• Biometrics: Providing fingerprints.
• Interview: Attending an interview with a USCIS officer to review the application.
• Civics and English Tests: Passing an exam on U.S. history and government. Learn more here!
• Oath of Allegiance: The final step is attending a ceremony and taking the Oath of Allegiance to the United States.

A Note on Dual Citizenship

A common question for those considering the path of naturalization is, "Do I have to give up my current citizenship?"

There are two points to understand:

• The U.S. Position: The United States does allow for dual citizenship. This means that when you apply for naturalization, the U.S. government does not require you to formally give up your home country's passport or citizenship.
• Your Home Country's Position: However, not all countries allow for dual citizenship. Some countries will automatically revoke your original citizenship the moment you voluntarily become a U.S. citizen.

Before deciding to apply for naturalization, it is essential to check your home country’s laws to understand if you will be permitted to hold both citizenships.

Key Differences: Citizenship vs. Naturalization

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The Most Important Takeaway

You cannot have naturalization without citizenship, but you can have citizenship without naturalization.

If you are a citizen because you were born in the U.S. or to U.S. citizen parents, you never need to be "naturalized." You are already a citizen.

If you are an immigrant and a Green Card holder, naturalization is the name of the journey you take to achieve the goal of citizenship. Once you successfully complete the naturalization process and take the Oath, you are officially a U.S. citizen with all the same rights and responsibilities as a person who was a citizen from birth (with the one exception of being eligible to run for President).

If you're feeling unsure about beginning your immigration application or overwhelmed by the news surrounding immigration, you're not alone! Emily Allen, a partner attorney from a leading law firm for global immigration services, joined us for this webinar in July 2025 to walk through the current immigration climate. Leveraging decades of experience, Emily covered actionable information for immigrants and loved ones navigating their immigration journey in 2025.

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Last Updated: January 15, 2020

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Some messes happen in an instant while others are more drawn out over weeks or years. A recent, well publicized incident took place in in 2010, when an oil rig exploded and sank, resulting in the worst oil spill in history. It wreaked havoc on the environment as 210 million gallons of oil drained into the Gulf of Mexico over the course of just 87 days. BP, the company responsible for the mess and subsequent four-year clean up, ended up paying $18.7 billion in fines, not to mention that the environment was substantially damaged and that eleven people went missing and were never found.

If not carefully planned, managed, and executed, large business and government projects can easily become a debacle. Today we’re talking about how the USCIS has struggled to digitize the immigration process through the Electronic Immigration System (ELIS) since 2005. It started with the goal to digitize eight popular types of immigration forms, which would make a 29% dent in the six million immigration forms processed each year. The original budget was $536,000 with the completion date being 2013. Not too complicated, right?

But a recent Government Accountability Office (GAO) report from May 2015 found that the program is actually going to cost up to $3.1 billion and will be deployed “no later than March 2019.”

What happened?

Let’s start with the most obvious: governments, like large enterprises, are big ships and are difficult to steer. The more moving parts something has (and the USCIS deals with plenty of this; a single green card application has more than 80 pages of paperwork), the more difficult it can be to make impactful changes. The USCIS employs 13,000 full time workers along with 5,000 contractors. This means that in digitizing the immigration process, the USCIS has to effectively train thousands of people on how to navigate and use a new application system, which is a massive, time-consuming undertaking.

Another obstacle is changing the outdated development and project management techniques the government is all too familiar with: According to the GAO’s report, USCIS failed to implement agile and open source techniques, among other management issues, which contributed to the delayed launch and the increase in budget.

Now, after missing its launch date and going vastly over budget, ELIS only supports one form in limited availability. At one time ELIS supported 3 forms, again in limited availability — just a hair more than 15% of applications processed every year. Notably, in July 2015 an inspector found it actually took twice as long to close a case using ELIS as opposed to the traditional paper application.

[clickToTweet tweet=”Vastly over budget, ELIS only supports one form in limited availability.” quote=”Vastly over budget, ELIS only supports one form in limited availability.”]

The ELIS applications are still only available in English, which severely slows down the process for non-native applicants and increases the likelihood that they’ll make mistakes that get their applications rejected.

Possibly the most frustrating aspect of the whole debacle can be summed up by Senate Judiciary Committee Chairman, Senator Chuck Grassley, R-Iowa.

“It looks like ELIS is typical of many of the federal government’s computer systems. It’s never lived up to the expectations to allow executive branch employees to be more efficient and effective for the American taxpayers.”

“The part that’s most heartbreaking, when you think about it, is they are not wasting taxpayer money. They are wasting refugee, asylee and immigrant money. Literally the people on the planet who can least afford it, who are running for their lives.”

This is worth repeating: the $3.1 billion used to build ELIS is coming from refugee, asylee, and immigrant money.

What can be done to fix it?

Luckily, the White House stepped in for two weeks in June 2014 as part of the Smarter IT Agenda. Then came the U.S. Digital Service with some helpful solutions to help ELIS get off the ground.

The USCIS could also take a leaf from other countries’ books. As many European countries were struggling with the applications of Chinese immigrants, these EU Member States looked to technology for a solution. The UK streamlined its process for Chinese immigrants. This year, France shortened the time of the visa application process for Chinese applicants to 48 hours. Germany plans to shorten its visa application process down to 48 hours for Chinese visitors by opening six more application centers in Chinese cities.

One of the most frustrating aspects of the ELIS debacle is the setbacks that are faced by the immigrant families that are stuck with an archaic system of disorganized paperwork. Jerry Marken, a writer for the Washington Post, published a piece focusing on the failures of the system. He put it all into perspective, saying, “The project’s failures already have daily consequences for millions of immigrants who are in the country legally. Immigration lawyers say the current system leads to lost applications, months-long delays and errors that cause further delays. Immigrants miss deadlines for benefits, meaning they lose everything from jobs and mortgages to travel opportunities”.

There are plenty of opportunities to improve the U.S. immigration process. They can start simple, just by making green card applications available in other languages than English. It’s also not always clear where or how to start immigration applications, so they can provide more resources to break down common scenarios.

SimpleCitizen supports streamlining the citizenship and green card application process. We are proud to save applicants 90% of their time and money compared to traditional paper forms or immigration attorneys. We also make all forms available in English, Chinese, and Spanish, as a start.

We can’t ignore that immigrants are core to building the cultural fabric and economy of our nation, so it’s in all our best interests to simplify the immigration process to attract the next generation of Americans. Millions of families every year overcome insurmountable odds to achieve their dreams of a new life in the United States. As the USCIS tries to figure out how best to move forward to bring their technology into the 21st century, they can learn from the determination and resourcefulness of these new Americans.

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Last Updated: January 15, 2020.

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Thinking of making the United States your home? You’ll need a green card. Although the process can be rather long and seemingly complex, SimpleCitizen is here to help make the process as smooth and easy as possible. Having a U.S. green card, in this case, is not only necessary but offers many benefits that only lawful permanent residents have access to.

A few examples:

• The freedom to live and work in the U.S. permanently, including many forms of government work.
• Freedom of movement. Once you have a green card, you may travel to and live in any part of the United States, as well as travel outside of the U.S. and return upon will. However, if you remain abroad for six months or more per year, you could risk losing your green card.
• The ability to sponsor relatives. Once you have a green card, you can sponsor your relatives so that they can get their own green card.
• The ability to seek full U.S. citizenship. Once you have had your green card for five years (with a few exceptions – see Step 3 of How to Become a United States Citizen), you may qualify to apply for citizenship, which grants all the rights and privileges of a native U.S. citizen.
• Legal rights and social benefits, such as research and educational grants, insurance coverage, and social security, retirement, and health benefits. You can also own firearms, a house, cars, and other property in the U.S. and secure financing for such purchases.
• Permanent status. You will only need to renew your green card about every 10 years.

Adjustment of status is the process through which temporary visitors to the United States (such as students, tourists, etc.) can become lawful permanent residents (green card holders) without ever having to leave the U.S. (If you are outside of the United States, the only path to immigrate to the country is through consular processing). Below is a basic guide to walk you through each step of the process.

1. Determine if You are Eligible to Apply for a Green Card

To figure out if you can apply for adjustment of status, you must first determine if you are eligible for a green card. There are many ways to apply for a green card under U.S. immigration laws, but to be eligible you must fall under one of the categories listed below:

• Through family
• Through employment
• As a special immigrant
• Through refugee or asylee status
• As a human trafficking or crime victim
• As a victim of abuse
• Through registry
• Through other categories (found in the USCIS link below)

Take this quiz to find out if you are eligible to apply. The eligibility requirements may vary depending on the immigrant category you are applying under, so the first step is to figure out if you fit into one of these categories. Review the USCIS Green Card Eligibility Categories for details on the categories listed above and to determine which one fits your situation/experience. Once you know which category best fits you, in most cases, you will need to have an immigrant petition filed on your behalf. The form that will need to be filed varies depending on which category you are applying under and can also be found on the USCIS page in the hyperlink above.

2. Determine if You are Eligible for Adjustment of Status

Now you can determine if you can also apply for adjustment of status. The requirements, according to Section 245 of the Immigration and Nationality Act, are as follows:

• Be physically present in the United States, including when you file the adjustment of status as well as complete the process.
• Have made lawful entry into the United States.
• Already be eligible for a U.S. green card through one of the conditions listed above, such as through a U.S. employer, a family member who is a U.S. citizen or permanent resident, or by having received asylum or refugee status at least one year before.
• If your eligibility is based on family or employment, you must already have filed and had approved a visa petition (Form I-130 or Form I-140), and your priority date, if you have one, must be current. Priority dates apply to immigrants in “preference categories” who, because of annual limits on visas in those categories, must wait until a visa is available before proceeding with their green card application. (There are exceptions to this rule, such as for an “immediate relative,” where the visa petition can be filed concurrently or at the same time as the adjustment of status application).
• If you entered the U.S. on a K-1 fiancé visa, you must have married the person who petitioned for you to receive that visa.
• If your eligibility is based on asylum or refugee status, you must have waited one year since either your asylum was granted or you entered the United States as a recognized refugee.
• You must (with a few exceptions, such as for immediate relatives of U.S. citizens) have a valid and current visa when you start your application to adjust status. To be eligible you also must not have remained in the U.S. past the authorized length of your permitted stay, nor worked without permission from the immigration authorities.

Remember…

This is a complex area of immigration law. If you have any doubts about your eligibility to adjust status, consult with an immigration attorney to ensure that you fully understand the entire process and to obtain a full analysis of your rights and options.

3. File Application to Adjust Status

If you meet the eligibility requirements for adjustment of status, you may file Form I-485, Application to Register Permanent Residence or Adjust Status. For a comprehensive list of situations under which you could file Form I-485, read this article.

Where you file your Form I-485 depends on your eligibility category. Go to the Direct Filing Addresses for Form I-485, Application to Register Permanent Residence or Adjust Status page to see where you should file your application. When filing, keep these tips in mind:

• Don’t forget to sign your form! USCIS will reject and return any unsigned form.
• Complete the entire form, and use the most current version.
• USCIS prefers that you download the forms from their website, complete them electronically, them print them to submit. If you handwrite your answers, make sure you use black ink and that they are neat and legible. If you make an error, start over with a clean form. Don’t use correction fluid or tape (i.e. wite-out).

Filing Form I-485 costs $1,140, and an additional biometrics services fee of $85 applies to all applicants between the ages of 14 and 78. However, for children 13 or younger who are filing with at least one parent, there is a reduced $750 fee, and if you are applying as a refugee under section 209(a) of the INA, there is no fee to file Form I-485.

No matter the amount of your fee, you must pay by check or money order and follow these criteria:

• The money must come from a bank or other financial institution in the United States and be payable in U.S. currency.
• The check or money order must be made payable to: U.S. Department of Homeland Security. It is important to write it exactly this way, without abbreviating.

How much does it cost to submit Form I-485?

4. Attend Biometrics Appointment

After you file your Form I-485, USCIS will mail you an appointment notification for a biometric screening at a local Application Support Center (ASC). The notice will include the date, time, and location of the appointment. Here you will provide your fingerprints, signature, and a photograph will be taken of you. USCIS uses this data to verify your identity and conduct required background and security checks. Don’t worry – this is all common procedure and an important part of adjusting status. Read this short article for more information on what to expect from your biometrics appointment.

At your ASC appointment, you will also be asked to sign an acknowledgment that you have reviewed all of the information in your application and that it was all complete, true, and correct at the time you filed it. If you do not sign the acknowledgment or you miss your ASC appointment without properly notifying and rescheduling USCIS, your Form I-485 may be denied.

Depending on what immigrant category you filed your adjustment of status under, an interview may be necessary. If USCIS schedules you for an interview, they will send you a notice with the corresponding date, time, and location. This is a fairly quick meeting, usually lasting only 20-30 minutes. If a relative is required to accompany you to the interview (for example, the family member that filed the immigration petition for you), you will likewise be informed in the notice USCIS mails you. Here, a USCIS official will confirm that confirm the information you and your petitioner have provided on the petition and your application for adjustment of status is correct. Make sure you bring originals of all the documents you submitted with your Form I-485, such as passports, official travel documents, and Form I-94, Arrival/Departure Record, even if they have expired.

The entire adjustment of status process usually takes between 8 and 14 months. For a complete timeline, read What Happens After Filing Form I-485.

5. Receive Your Green Card

After all the paperwork and security checks have been completed, biometrics have been taken, interviews have been conducted (if necessary), and all other eligibility requirements have been reviewed, USCIS is ready to make a decision on your case! Regardless of the outcome, you will receive a written decision notice from USCIS. If your application is approved, you will first receive an approval notice by mail. Then, usually a little bit later, you will receive your green card. Congratulations! You are now a lawful permanent resident of the United States!

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