On This Page
- Overview
- You can usually adjust status inside the United States if
- The question that decides the case: how you last entered
- Who can adjust
- Who must consular process, and the unlawful presence bars
- Timing and cost, side by side
- Work permits and travel during adjustment
- The new I-485 and public charge
- How we decide and run the case
- What it costs and how long it takes
- Frequently Asked Questions
Overview
- Adjustment of status means getting a green card inside the United States with Form I-485; consular processing means getting an immigrant visa in Ciudad Juárez.
- A spouse, parent or unmarried child under 21 of a citizen who was inspected and admitted at the last entry, even on a visitor visa, can usually adjust.
- Someone who entered without inspection generally cannot adjust through a family petition and must consular process, often with an I-601A waiver first, unless section 245(i) applies.
- Adjustment in Texas takes about 13.5 to 18 months, while consular processing through Ciudad Juárez takes roughly three to four years, or four to five with an I-601A.
- Filing fee
- $1,440 paper / $1,390 online
- Typical time
- about 14–18 months by adjustment; roughly 3–4 years by consular processing, 4–5 with an I-601A
- Reviewed
- October 19, 2026
You can usually adjust status inside the United States if
- You were inspected and admitted or paroled at your last entry, even on a Border Crossing Card or a visitor visa, and even if you stayed past the authorized period
- You are the spouse, unmarried child under 21, or parent of a U.S. citizen, which forgives an overstay and unauthorized work for the I-485
- You are in a preference category (for example the spouse of a permanent resident) and you have kept lawful status, or you are protected by section 245(i)
- A visa number is available: always for immediate relatives, and under the Visa Bulletin chart USCIS designates that month for preference categories
- You are not in removal proceedings, or the immigration judge has jurisdiction and your case can be adjusted there
- You are admissible, or any ground that applies (such as a crime or a misrepresentation) can be waived with Form I-601 filed alongside the I-485
A person who crossed the river or the desert without being inspected cannot adjust status through a family petition, no matter how long ago it was, unless section 245(i) applies or they were later paroled, for example through military parole in place. For them, the only route is the consulate in Ciudad Juárez, and leaving after more than 180 days of unlawful presence triggers a bar unless an I-601A is approved first.
Sound like your situation? Request a consultation or call 888-305-0261.
The question that decides the case: how you last entered
Both paths end with the same green card. The difference is where the government decides the case and what happens to the applicant meanwhile. Adjustment of status is Form I-485 filed with USCIS, biometrics, and an interview at the field office in El Paso or San Antonio, or New Orleans for our Mississippi clients, with the applicant living and often working in the United States throughout. Consular processing is the National Visa Center, the DS-260, and an interview at the consulate in Ciudad Juárez.
Which path is open depends almost entirely on the last entry. Section 245(a) allows adjustment only for someone who was inspected and admitted or paroled. A Border Crossing Card entry at the Paso del Norte bridge is an admission; so is a visitor-visa entry. A wave-through, where the officer let the car pass without questions, counts under Matter of Quilantan, but only if the applicant can prove it, which usually means a detailed account and a passenger who can corroborate it. An entry through the desert or across the river is not an admission.
Who can adjust
Immediate relatives of U.S. citizens who entered lawfully can adjust even if they overstayed by years and worked without authorization, because section 245(c) exempts them from those bars. This covers a large share of our El Paso cases: a spouse who entered on a Border Crossing Card in 2015 and never left can file the I-485 together with the I-130 and never see the consulate.
Preference-category relatives, including the spouse and children of a permanent resident, do not get that forgiveness: they must have kept lawful status since entry. The exception is section 245(i). If an immigrant petition or labor certification was filed for the applicant, or in some cases for a parent or spouse, on or before April 30, 2001, and the applicant was physically present on December 21, 2000 for petitions filed after January 14, 1998, the applicant can adjust regardless of the entry by paying a penalty fee with Supplement A. Many border families have an old petition from a sibling, a parent or an employer that they have forgotten; we ask for every receipt notice and request the file from USCIS when the memory is vague.
Who must consular process, and the unlawful presence bars
Anyone who entered without inspection and has no 245(i) protection or parole gets the green card in Ciudad Juárez. The problem is the trip. More than 180 days of unlawful presence after turning 18, followed by a departure, bars return for three years; more than one year, ten years. The I-601A provisional waiver, decided by USCIS while the applicant is still in the United States, makes the trip survivable for the spouse, son or daughter of a citizen or resident who can show extreme hardship to that relative. A person who left after a year of unlawful presence and came back without inspection, or returned after a removal order, faces the permanent bar of section 212(a)(9)(C), which the I-601A cannot waive.
Timing and cost, side by side
| Adjustment of status | Consular processing | |
|---|---|---|
| Where it is decided | USCIS field office (El Paso, San Antonio; New Orleans for Mississippi) | U.S. Consulate General, Ciudad Juárez |
| Main form and fee | I-485, $1,440 paper / $1,390 online | DS-260, $325, plus $120 affidavit-of-support review |
| Other government fees | I-765 work permit $260 and I-131 advance parole $630, optional | USCIS immigrant fee $235 after visa issuance |
| Medical exam | USCIS civil surgeon in the United States; price set by the doctor | Panel clinic in Juárez, US$323 + 16% tax (age 15+) |
| Time, from filing | 13.5–18 months at Texas field offices (Dallas and Houston posted figures) | Up to 25.5 months for the I-130, 3–4 months at NVC, 12 months or more for a Juárez interview |
| Work during the case | Yes, with the I-765 work permit | No, until entry as a resident |
| Travel during the case | Only with advance parole | The applicant travels to Juárez for the interview |
| If something goes wrong | Request for evidence, interview, motion or renewal before an immigration judge | 221(g) refusal, waiver from Mexico, no court review of the consular decision |
Note: Fees and times as posted on the review date. Both paths also require the I-130, $675 on paper or $625 online.
For an immediate relative who can choose, adjustment is faster and keeps the family together; it costs more in government fees only if the work permit and advance parole are added. Consular processing is cheaper on paper but adds the Juárez trip, the time apart, and the risk that something found at the interview cannot be fixed from this side of the border. The main reason someone who could adjust chooses the consulate is that they already live in Mexico.
Work permits and travel during adjustment
The I-765 work permit costs $260 when filed with a pending I-485, and the I-131 advance parole costs $630 on paper or $580 online. We file both with the I-485 in nearly every case, because the documents take months and cannot be rushed later; the work permit also brings a Social Security number and a Texas or Mississippi driver license. Advance parole lets the applicant visit family in Chihuahua and return to the pending case. Under Matter of Arrabally a departure on advance parole does not trigger the unlawful-presence bar, but that protection does not extend to other grounds of inadmissibility.
The new I-485 and public charge
Since September 18, 2026 USCIS accepts only the 09/18/26 edition of Form I-485; older editions are rejected without a grace period. The new edition carries the questions for the public-charge rule that took effect the same day, which restores a totality-of-circumstances test and lets officers consider non-cash benefits. The I-864 is still required. Applications filed before that date are decided under the 2022 rule; for anyone filing today, both the field office and the consulate apply the new standard.
How we decide and run the case
Entry and history analysis
We establish exactly how, when and where the applicant last entered, whether any earlier departures or returns created a bar, and whether an old petition gives 245(i) protection, requesting records from USCIS and CBP when the family is unsure.
Path decision
We lay out both routes with the real cost, time and risk for this applicant, including the I-601A if one is needed, and the family chooses with the numbers in front of them.
Adjustment filing
For adjustment we file the I-130, the current-edition I-485, the I-765 and the I-131 together, with the I-864 and the medical exam from a civil surgeon, and prepare the applicant for biometrics.
Consular filing
For consular processing we file the I-130, complete the National Visa Center stage, file any I-601A, and prepare the Juárez interview from our office in that city.
Interview
We prepare the couple for the field-office interview in El Paso or San Antonio, or the consular interview in Juárez, and attend the USCIS interview with the applicant.
Decision and follow-up
We track the card, calendar the I-751 if residence is conditional, and advise on travel and naturalization timing.
What it costs and how long it takes
Government fees and processing times as published on October 19, 2026. We re-check them every quarter.
| Form I-485 adjustment of statusAdjustment path; includes biometrics; child under 14 filing with a parent $950 | $1,440 paper / $1,390 online |
|---|---|
| Form I-130 petitionBoth paths | $675 paper / $625 online |
| Work permit and advance parole with the I-485I-765 and I-131 filed with or while the I-485 is pending; I-131 is $580 online | $260 + $630 |
| Immigrant visa (DS-260) and affidavit-of-support reviewConsular path; paid to the National Visa Center | $325 + $120 |
| Medical exam in Ciudad JuárezConsular path; the civil-surgeon exam for adjustment is priced by the doctor | US$323 + 16% tax (age 15+) |
| USCIS immigrant feeConsular path; paid after the visa is issued | $235 |
| Attorney fee | Discussed at the consultation |
USCIS fees shown are from the fee schedule in effect on the review date; the 245(i) Supplement A penalty is listed on the current USCIS fee schedule.
| Adjustment: I-485 decision at Texas field officesDallas and Houston posted figures on the review date; check El Paso and San Antonio | 13.5–18 months |
|---|---|
| Consular: I-130 approval (immediate relative) | up to about 25.5 months |
| Consular: National Visa Center | 3–4 months |
| Consular: interview scheduling in Ciudad JuárezNo figure published by the consulate | 12 months or more |
| Consular with an I-601A waiver80% of waivers decided within 28 months | add about 28 months |
| Total, petition to green card | about 14–18 months by adjustment; roughly 3–4 years by consular processing, 4–5 with an I-601A |
Ranges reflect posted USCIS and NVC processing times on the review date; individual cases vary.
Government fees are set by USCIS and the Department of State and change without notice; the figures here are the published amounts on the review date. Attorney fees are quoted after a consultation and depend on the facts of the case. Processing times are agency estimates, not guarantees.
Frequently Asked Questions
Can I adjust status if I entered with a visa and overstayed?
Yes, if you are the spouse, parent or unmarried child under 21 of a U.S. citizen. The lawful entry is what matters, and the law forgives the overstay and any unauthorized work for immediate relatives. If your petitioner is a permanent resident, an overstay blocks adjustment unless section 245(i) protects you.
Can I adjust status if I entered without papers?
Generally no. Adjustment requires an inspected entry. The exceptions are section 245(i), for people covered by a petition or labor certification filed on or before April 30, 2001, and a later grant of parole, such as parole in place for the family of a service member. Otherwise the green card comes through the consulate in Ciudad Juárez.
What is section 245(i)?
A law that lets someone who entered without inspection or fell out of status adjust inside the United States if an immigrant petition or labor certification was filed for them, or for a qualifying parent or spouse, on or before April 30, 2001, with physical presence on December 21, 2000 for filings after January 14, 1998. The applicant pays a penalty fee with Supplement A. Old petitions from siblings, parents or employers often qualify.
Can I work while my I-485 is pending?
Yes, with a work permit. File Form I-765 with the I-485 for $260, and you can work once the card arrives. The permit also gets you a Social Security number and a driver license.
Can I travel to Mexico while my I-485 is pending?
Only with an approved advance parole document, Form I-131, which costs $630 on paper or $580 online when filed with the I-485. Leaving without it abandons the application. Anyone with a prior removal, a permanent bar or a criminal record should get specific advice before traveling even with advance parole.
How long does adjustment of status take in Texas in 2026?
On our review date USCIS reported 80% of family-based I-485s completed within 13.5 months at the Dallas field office and 18 months at Houston. USCIS posts figures per field office, so check El Paso or San Antonio on the processing-times page for your case.
Which is cheaper, adjustment of status or consular processing?
Consular processing has lower government fees: $325 and $120 to the National Visa Center plus the $235 immigrant fee, against $1,440 for the I-485, and $890 more if you add the work permit and advance parole. Consular processing adds the trip to Juárez and, for a spouse already in the United States, months apart.
Which is faster?
Adjustment, for an immediate relative who qualifies. Texas field offices were deciding family I-485s in 13.5 to 18 months on our review date, while a consular case was running three to four years including the I-130 and the wait for a Juárez interview.
Do I need an I-601A waiver if I consular process?
Only if you accrued more than 180 days of unlawful presence in the United States after your 18th birthday and then leave for the interview. Someone who has always lived in Mexico, or who left before 180 days, needs no waiver. Time before age 18 does not count.
Does the new public charge rule apply to my I-485?
Yes, if your I-485 is postmarked or filed online on or after September 18, 2026. You must use the 09/18/26 edition of the form, which includes the new questions, and the officer applies a totality-of-circumstances test. Applications filed before that date are decided under the 2022 rule.
I entered with my Border Crossing Card and stayed. Can I adjust?
A Border Crossing Card entry is an inspected admission, so yes if you are the spouse, parent or minor child of a U.S. citizen. If your petitioner is a permanent resident, the overstay blocks adjustment unless 245(i) applies. Keep any proof of the entry, such as the I-94 or the card itself.
What if I was waved through at the bridge without being asked anything?
Under Matter of Quilantan a wave-through by an officer counts as an admission, which can allow adjustment. The difficulty is proof: USCIS expects a detailed, consistent account and, ideally, a declaration from the driver or another passenger. We evaluate these claims carefully before relying on them.
Every case is different — these answers are general information, not legal advice about your situation. For advice about your case, call 888-305-0261 or request a consultation.