I-485

Form I-485: Adjusting Your Status to Permanent Resident

Introduction

Form I-485, officially known as the Application to Register Permanent Residence or Adjust Status, is the key form used by individuals already in the United States to apply for a green card. This process is known as "adjustment of status" and allows eligible applicants to become lawful permanent residents without needing to return to their home country for visa processing. Completing Form I-485 is a critical step for those who want to transition from a temporary status to a green card holder while remaining in the U.S.

If you’re ready to take the final step toward obtaining your green card, this guide will walk you through everything you need to know about Form I-485, including who can apply, required documents, fees, and the application process.

What is Form I-485?

Form I-485 is used by individuals who are already in the United States and wish to adjust their status to that of a lawful permanent resident (green card holder). The form allows you to request a change in your immigration status based on a variety of eligibility categories, such as family sponsorship, employment, refugee or asylee status, or special programs like the Diversity Visa Lottery.

Who is Eligible to File Form I-485?

Not everyone in the U.S. is eligible to adjust their status using Form I-485. Here are some of the common categories of individuals who may be eligible:

1. Employment-Based Categories:

   • Those with an approved Form I-140 (Immigrant Petition for Alien Worker), such as applicants under EB-1, EB-2, or EB-3 categories.

   • Applicants with current priority dates based on the Department of State’s Visa Bulletin.

2. Family-Based Categories:

   • Immediate relatives of U.S. citizens (spouses, children under 21, and parents).

   • Beneficiaries of family preference categories with a current priority date.

3. Asylees and Refugees:

   • Individuals granted asylum or refugee status in the U.S. can apply for a green card after one year of their status being granted.

4. Other Categories:

   • Diversity Visa Lottery winners.

   • Individuals with special immigrant status, such as certain religious workers, juveniles, and Afghan/Iraqi translators.

   • Spouses and children under the Violence Against Women Act (VAWA).

When Can You File Form I-485?

The timing for filing Form I-485 depends on your immigration category. For employment-based applicants (such as those with an approved I-140), you can file Form I-485 when your priority date is "current," as listed in the Visa Bulletin published by the Department of State. For family-sponsored applicants, immediate relatives of U.S. citizens can typically file Form I-485 immediately, while others must wait for their priority date to become current.

Documents Required for Filing Form I-485

When filing Form I-485, you must submit several supporting documents. The required documentation may vary based on your category, but generally includes the following:

1. Completed Form I-485: The primary application form filled out with all necessary information.

2. Proof of Eligibility:

   • Employment-based: Copy of the approved Form I-140 and evidence of the priority date.

   • Family-based: Copy of Form I-130 approval notice and proof of relationship (e.g., marriage certificate, birth certificate).

3. Proof of Lawful Entry: A copy of your I-94 Arrival/Departure Record, visa stamp, or other evidence showing your lawful entry into the U.S.

4. Passport Photos: Two recent passport-sized photos.

5. Birth Certificate: A copy of your birth certificate with English translation (if applicable).

6. Affidavit of Support (Form I-864): Required for family-based applicants to prove that they have financial support and are unlikely to become a public charge.

7. Medical Examination (Form I-693): A sealed medical examination report from a USCIS-authorized civil surgeon.

8. Other Supporting Documents: Any additional documents relevant to your specific category (e.g., marriage certificate, proof of refugee status).

How to File Form I-485

The process for filing Form I-485 can be complex, but it can be broken down into the following steps:

1. Complete Form I-485:

   • Download and complete Form I-485 from the USCIS website. Ensure you provide accurate information and double-check the form for completeness.

2. Gather Supporting Documents:

   • Collect all required documents based on your specific category. Be sure to make copies of all original documents and include certified translations for documents not in English.

3. Pay the Filing Fee:

   • The filing fee for Form I-485 is $1,140 for most applicants, plus an additional $85 biometric services fee for applicants aged 14 to 78. Some categories (e.g., refugees) may be exempt from the filing fee.

4. Submit Your Application:

   • Mail your completed Form I-485, supporting documents, photos, and payment to the appropriate USCIS service center. The mailing address depends on your category and location, so consult the USCIS website for the correct address.

5. Attend Biometrics Appointment:

   • After receiving your application, USCIS will schedule a biometrics appointment for fingerprinting and background checks. Bring a valid photo ID and the appointment notice to your scheduled appointment.

6. Attend an Interview:

   • In many cases, USCIS requires an in-person interview at a local office. Be prepared to discuss your application, provide original documents, and answer questions about your eligibility.

7. Wait for Decision:

   • After the interview (if applicable) and review process, USCIS will mail you a decision notice. If approved, you will receive your green card by mail.

Additional Tips for a Successful I-485 Application

• Double-Check Your Information: Ensure all information is accurate, complete, and consistent across all forms and supporting documents.

• Include Certified Translations: For documents not in English, include a certified translation along with the original document.

• Stay Informed: Keep track of your priority date and the Visa Bulletin to understand when you can file and what to expect.

After Filing Form I-485

While your I-485 is pending, you can apply for:

• Work Authorization (Form I-765): Apply for an Employment Authorization Document (EAD) to work legally in the U.S. while waiting for your green card.

• Travel Document (Form I-131): Apply for Advance Parole to travel abroad and return to the U.S. while your application is being processed.

Conclusion

Filing Form I-485 is a significant step toward becoming a lawful permanent resident of the United States. At DIY My Green Card, we’re here to help you understand the process and take control of your journey to getting a green card. With the right preparation and guidance, you can navigate the adjustment of status process smoothly and confidently.

Ready to take the next step? Explore our services or contact us today to get started on your path to permanent residency.