I-485 Filing Eligibility Checker: Can You File Now?
The Visa Bulletin publishes two charts each month, and USCIS announces separately which one it accepts that month. This tool compares your priority date with the chart that applies this month to tell you whether you can file for adjustment of status yet.
I-485 filing eligibility checker
Check whether you can file Form I-485, Application to Register Permanent Residence or Adjust Status
Usually your country of birth, but spouses may be able to use each other's country
Usually the PERM labor certification filing date or I-140 receipt date
Four Requirements
① Your priority date is earlier than the date on this month's chart
Each month USCIS announces on its website whether it accepts the Final Action Dates chart or the Dates for Filing chart. Dates for Filing is usually further ahead, so when USCIS accepts it you can file sooner. You cannot pick which chart to use.
② Immigrant petition approved or filed at the same time
The I-140 or I-130 must be approved. For employment-based cases, when a visa number is available, the I-140 and I-485 can be filed together (concurrent filing).
③ In lawful status, or covered by the 245(k) exception
In principle you must have kept lawful status. Employment-based applicants whose status lapses add up to no more than 180 days can be forgiven under INA 245(k). ⚠️ But 245(k) has an often-missed requirement: at filing you must be "present in the United States pursuant to a lawful admission" — people who entered without inspection (EWI) can never use 245(k). The 180 days are counted in total since your most recent lawful admission, and they cover not only lapses in status but also unauthorized work. Immediate relatives of U.S. citizens in the family categories have separate forgiveness.
④ Inspected and admitted, or paroled
You must have entered lawfully (inspected and admitted or paroled). People who entered unlawfully generally cannot adjust status inside the U.S. and must go through consular processing.
Frequently Asked Questions
- My priority date is current under Dates for Filing, but USCIS says to use Final Action Dates this month. Can I file?
- No. USCIS's announcement for the month controls, no matter how far ahead the Dates for Filing chart is in the Visa Bulletin.
- What happens if dates retrogress after I file?
- An accepted I-485 is not sent back because of retrogression, but it cannot be approved until your priority date is current again. You can usually keep renewing your EAD and advance parole in the meantime.
Sources: Data and Law
Related Tools
This tool gives estimates based on public regulations and government data, for reference only. It is not legal advice. We are not a law firm. Every case is different — talk to an immigration lawyer before making a decision.