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Form I-485: Application to Adjust Status
What Is Form I-485, and Why Is It Filed?
Form I-485, officially known as the Application to Register Permanent Residence or Adjust Status, allows individuals already in the United States to apply for a green card (lawful permanent residency) without having to leave the country. It’s typically filed by those eligible through family-based petitions (such as after the approval of Form I-130) or employment-based sponsorships. Filing this form initiates the final step toward obtaining a green card and permanent residency status.
Who Is Eligible to File Form I-485?
You can file Form I-485 if:
- You are physically present in the U.S.
- You have an approved petition (such as Form I-130) or have been sponsored for a family- or employment-based green card.
- You meet eligibility requirements, including lawful entry into the U.S. and having a visa number available in your category.
Form I-485 is available to several categories of immigrants, such as immediate relatives of U.S. citizens, employment-based immigrants, refugees, and asylees.
What Should You Include When Filing Form I-485?
The documents required depend on your immigration category but generally include:
- A copy of the approval notice for your immigrant petition (if applicable).
- Proof of lawful entry into the U.S. (I-94 Arrival/Departure Record).
- Passport-style photos.
- Birth certificates and identification documents.
- Medical Examination (Form I-693) completed by a USCIS-approved civil surgeon.
Do I Need to Provide Translations for Foreign Documents?
Yes, any foreign language documents submitted with Form I-485 must be accompanied by a certified English translation. This includes birth certificates, marriage certificates, and any other supporting documents. Using a professional translation service like Translations Certified ensures compliance with USCIS standards, preventing delays.
What Is the Filing Fee for Form I-485?
The total fee for filing Form I-485 varies depending on the applicant’s age and whether they require fingerprinting (biometrics). Generally, the filing fee is $1,140, and the biometrics fee is an additional $85. Always check the USCIS fee calculator for the most up-to-date information.
Can I File Form I-485 and Form I-130 at the Same Time?
Yes, in certain cases, concurrent filing of Forms I-130 and I-485 is allowed. This is typically for immediate relatives of U.S. citizens, such as spouses, who are already in the U.S. and meet the eligibility requirements for both forms. Concurrent filing can expedite the process for family-based green card applicants.
How Long Does It Take to Process Form I-485?
Processing times for Form I-485 can vary depending on the applicant’s category, USCIS processing center, and the complexity of the case. For family-based applications, it generally takes 8 to 14 months, while employment-based petitions may take longer. You can check processing times on the USCIS website for more specific estimates.
What Happens After You Submit Form I-485?
After you file Form I-485, you’ll receive a receipt notice confirming that USCIS has accepted your application. You may also be required to attend a biometrics appointment, where your fingerprints, photograph, and signature will be collected. Depending on your case, USCIS may schedule an interview to review your application and verify your eligibility.
Can I Work While My Form I-485 Is Being Processed?
Yes, if you file Form I-485, you can apply for Employment Authorization (EAD) by filing Form I-765. If approved, this document allows you to work legally in the U.S. while your green card application is being processed. You can also apply for Advance Parole (Form I-131), which allows you to travel outside the U.S. during the processing period without abandoning your application.
What Happens If My I-485 Is Denied?
If USCIS denies your Form I-485 application, they will provide the reasons in a Notice of Denial. Common reasons for denial include submitting incomplete information, lack of eligibility, or failure to attend an interview. In some cases, you can appeal the decision or file a motion to reopen by using Form I-290B.
Can I Expedite Form I-485 Processing?
While there is no guaranteed method to expedite Form I-485, USCIS may consider requests for expedited processing under specific circumstances, such as humanitarian reasons or significant financial loss to a company or person. Requests must include strong evidence to support the need for urgency.
The information provided here is for general informational purposes only and is not intended to be legal advice. While we strive to ensure that the information is accurate and current, it is not a substitute for professional legal counsel. Please consult with a qualified attorney for advice regarding your specific situation or legal questions.