If you’re looking to apply for a green card and become a permanent resident of the United States, then you’ve probably heard about Form I-485. This form, officially known as the “Application to Register Permanent Residence or Adjust Status,” is one of the most crucial steps in the green card application process. Filing Form I-485 allows people who are already in the U.S. to change their status and officially become a lawful permanent resident (LPR) without having to leave the country.
In this guide, we’ll walk you through everything you need to know about Form I-485, including eligibility requirements, the filing process, the fees, and how long it takes. Let’s dive in and learn how you can take the next step in becoming a green card holder!
What is Form I-485?
Form I-485, also known as the Application to Adjust Status, is the official form you use to change your status from a temporary visa holder (such as a student, tourist, or worker) to a lawful permanent resident. In simple terms, it’s your ticket to getting a green card while you’re still living in the U.S.
The great thing about Form I-485 is that you don’t have to leave the country to apply for your green card. Once your application is approved, you’ll become a permanent resident and receive your green card, which gives you the right to live and work in the U.S. permanently.
For example, if you’re already in the U.S. on a valid visa, like a student or tourist visa, you can apply to adjust your status and get your green card without leaving the U.S. It’s an easy way to transition from temporary to permanent residency, especially if you qualify for a green card through family or employment.
Who is Eligible to File Form I-485?
Let’s talk about who is eligible to file Form I-485. Not everyone can apply to adjust their status. There are specific eligibility criteria you need to meet to use this form.
Family-Based Green Card Eligibility
One of the most common ways to qualify for Form I-485 is through family ties. If you are an immediate relative of a U.S. citizen, such as a spouse, parent, or unmarried child under the age of 21, you can file Form I-485. This is part of the family-based green card process.
If you’re married to a U.S. citizen, for instance, you can file your Form I-485 Adjustment of Status as soon as your spouse files the I-130 petition to prove your relationship. This process is called concurrent filing, and it allows you to move forward without waiting for the I-130 to be fully processed first.
Employment-Based Green Card Eligibility
Another common way to file Form I-485 is through employment. If you have a job offer from a U.S. employer or if you qualify for a job-based visa, you can apply for a green card. In this case, your employer files a petition (usually Form I-140), and once that’s approved, you can adjust your status using Form I-485.
For employment-based applicants, it’s essential that you’ve entered the U.S. on a valid visa and have an immigrant visa available when you file. The U.S. Department of State issues a monthly visa bulletin that shows whether a visa is available for your employment category. If your category is current, you can file right away.
Other Eligibility Categories
You may also be eligible for Form I-485 if you are:
- An asylum or refugee who has been in the U.S. for at least one year.
- A victim of human trafficking (T nonimmigrant) or a crime (U nonimmigrant).
- A beneficiary of special programs such as the Diversity Visa Lottery.
In each of these cases, it’s important to make sure you meet all the requirements before you file. If you’re unsure about your eligibility, it’s a good idea to consult an experienced immigration attorney.
Step-by-Step Guide to Filing Form I-485
Once you’ve determined that you’re eligible to apply for Form I-485, the next step is understanding how to file the form correctly. Here’s a step-by-step guide to help you through the application process.
Step 1: Complete Form I-485
First, you need to download and complete Form I-485 from the USCIS website. It’s important to fill out all the sections carefully. Any mistakes or missing information can lead to delays or even denial of your application.
The form asks for basic personal information such as your name, date of birth, immigration status, and information about your sponsor (whether it’s a family member or employer). Make sure all the details are accurate.
Step 2: Gather Required Documents
Along with Form I-485, you’ll need to gather several documents to prove your eligibility. These include:
- Proof of lawful entry, such as an I-94 arrival/departure record or visa stamp.
- Marriage certificate (if applying through marriage).
- Birth certificate.
- Proof of your sponsor’s financial ability to support you (if applying through family).
- Medical examination report (Form I-693), completed by a USCIS-approved doctor.
Make sure all your documents are organized and complete. If anything is missing, your application could be delayed, and USCIS may send you a Request for Evidence (RFE).
Step 3: Pay the Filing Fees
As of April 1, 2024, the filing fee for Form I-485 is $1,440. This fee includes the cost for processing your application and biometrics (fingerprinting). In some cases, certain applicants may be eligible for a fee waiver.
Be sure to check the latest fee schedule on the USCIS website and include your payment when you submit your application.
Step 4: Submit Your Application
Once you’ve completed the form and gathered all your documents, you need to submit everything to the correct filing address. Where you send your application depends on where you live and the category under which you’re applying, so it’s important to double-check the USCIS website for the correct mailing address.
Step 5: Attend Biometrics Appointment
After you submit your application, USCIS will send you a notice for a biometrics appointment. This is where you’ll have your fingerprints and photograph taken for background checks. It’s important to attend this appointment, as it’s a required step in the green card application.
Step 6: Attend the Green Card Interview
In most cases, USCIS will schedule an interview to go over your application. If you’re applying for a family-based green card, such as a marriage-based green card, this interview will focus on confirming your relationship with your sponsor.
Make sure to bring additional evidence to support your relationship, such as joint bank statements, leases, or photos. The interview is your chance to prove that your relationship is genuine and not for immigration purposes.
Step 7: Wait for a Decision
After your interview, USCIS will make a decision on your application. If everything goes well, you’ll receive a notice that your Form I-485 has been approved, and your green card will arrive in the mail within a few weeks.
If USCIS needs more information, they may issue a Request for Evidence (RFE), asking for additional documents or clarification. Be sure to respond to any RFEs as quickly as possible to avoid delays.
What Happens After Filing Form I-485?
Once you’ve submitted Form I-485, you’ll receive a receipt notice from USCIS, usually within 2-3 weeks. This notice confirms that USCIS has received your application and gives you a case number that you can use to track the status of your case online.
Biometrics Appointment
Your biometrics appointment will be scheduled shortly after you receive your receipt notice. At this appointment, USCIS will take your fingerprints, photograph, and signature to conduct background checks.
Green Card Interview
Most applicants will be required to attend a green card interview at their local USCIS field office. This is an important step in the process, especially for those applying through marriage or family-based petitions.
Approval or Denial
After your interview, USCIS will either approve or deny your application. If approved, you’ll receive your green card in the mail within a few weeks. If denied, USCIS will provide the reasons for the denial, and you may have the option to appeal or reapply.
Common Mistakes to Avoid When Filing Form I-485
Filing Form I-485 can be a complex process, and it’s important to avoid common mistakes that could delay or derail your application.
Incomplete or Incorrect Information
One of the most common reasons for delays is submitting incomplete or incorrect information. Be sure to double-check everything on your form before submitting it, especially your personal details and immigration history.
Missing Documents
Forgetting to include essential documents can result in a Request for Evidence (RFE), which will delay your application. Make sure to include all the necessary paperwork, such as your birth certificate, certificate of marriage, and proof of lawful entry.
Not Paying the Correct Filing Fee
As of April 2024, the filing fee for Form I-485 is $1,440. Be sure to include the correct payment when you file your application. If you’re applying for a fee waiver, make sure you meet the eligibility criteria and include the necessary forms.
How Long Does Form I-485 Take to Process?
The processing time for Form I-485 varies depending on your category and location, but it typically takes between 8 to 14 months. Factors like whether you receive an RFE or need additional interviews can also affect the timeline.
FAQs About Form I-485
What is the purpose of Form I-485?
Form I-485 is used to apply for adjustment of status to become a lawful permanent resident (green card holder) without leaving the U.S.
Who is eligible to file Form I-485?
Those who are in the U.S. on a valid visa and have an approved petition, such as an I-130 (family) or I-140 (employment), can file Form I-485.
What is the current filing fee for Form I-485?
As of April 2024, the filing fee for Form I-485 is $1,440.
What documents are needed for Form I-485?
Documents include proof of lawful entry, certificate of marriage, birth certificate, and a completed medical examination (Form I-693).
How long does it take to process Form I-485?
Processing times vary but typically range from 8 to 14 months.
Can I work while my Form I-485 is pending?
Yes, you can apply for a work permit by filing Form I-765 while your Form I-485 is pending.
Do I need an interview for Form I-485?
Most applicants are required to attend an interview at a USCIS office to discuss their status application and provide additional evidence. Make sure to submit valid documentation and that you have provided correct information, such as filing addresses that are not fake.
Can I travel while my Form I-485 is being processed?
You can travel if you file Form I-131 for advance parole. Without this document, leaving the U.S. may result in the abandonment of your application.
What happens if my Form I-485 is denied?
If your application is denied, you may have the option to appeal the decision or reapply with additional supporting evidence.
Can I file Form I-485 if I’m outside the U.S.?
No, Form I-485 is only for individuals already physically present in the U.S. If you’re abroad, you’ll need to apply for an immigrant visa through consular processing.
If you’re unsure about your situation or need personalized advice, it’s always a good idea to consult experienced immigration attorneys.