If USCIS determines that there are more immigrant visas available for a fiscal year than there are known applicants for such visas, USCIS will state on this page that you may use the Dates for Filing Visa Applications chart. Otherwise, USCIS will indicate on this page that you must use the Application Final Action Dates chart to determine when you may file your adjustment of status application.
Aliens who are physically present in the United States already are allowed to immigrate without leaving the United States to apply for an immigrant visa. This process is called Adjustment of Status (AOS). The USCIS will permit an application for AOS to be filed only if an immigrant visa is immediately available to the alien. Section 245(a) of the Immigration and Nationality Act (INA) governs the general AOS provisions.