USCIS Form I-485: Everything You Need to Know

I-485 Explained

What Is I-485?

Form I-485, Application to Register Permanent Residence or Adjust Status, is used by individuals in the United States to apply for lawful permanent resident status, commonly known as a "green card." It allows eligible non-immigrants to adjust their immigration status while remaining in the U.S. The purpose of the I-485 form is to grant authorization for individuals to live and work permanently in the United States. Applicants may file this form based on various immigrant categories, such as family-based petitions, employment-based petitions, or special immigrant statuses. In some cases, a sponsor, such as a family member or employer, is required to support the application. Approval of the I-485 results in the issuance of a Green Card, serving as proof of the individual’s permanent residency.

Eligibility for I-485

Who is eligible to file the I-485 form?

Eligibility to file Form I-485 is based on several factors, and individuals who are already in the United States may be eligible if they meet the following criteria:

Immigration status: The individual must generally be in a valid nonimmigrant status at the time of filing and must not have violated the terms of their current status. However, some applicants, such as immediate relatives of U.S. citizens or those covered under INA section 245(i), may be exempt from this requirement.

Immigrant visa availability: The individual must have an immigrant visa immediately available, based on their priority date as determined by the U.S. Department of State. Immediate relatives of U.S. citizens always have visas available.

Grounds of inadmissibility: The individual must not be inadmissible based on health, criminal, security, or other grounds. Some applicants may be eligible for waivers of certain grounds of inadmissibility.

Sponsorship: The individual must generally have a sponsor, such as a family member or employer, who is supporting their application. However, some applicants, such as refugees, asylees, or certain special immigrants, do not need a sponsor.

It is important to note that the eligibility criteria for Form I-485 can vary depending on the applicant’s specific circumstances, and individuals should consult USCIS or an immigration attorney to confirm their eligibility.

Instructions for Family-Based Applicants

Family-based applicants seeking to adjust their status to lawful permanent residents using Form I-485 must follow specific instructions based on their circumstances. Immediate relatives of U.S. citizens, including spouses, unmarried children under 21, and parents (if the U.S. citizen is 21 years or older), may file Form I-485 either concurrently with Form I-130, Petition for Alien Relative, while the I-130 is pending, or after the I-130 has been approved. Applicants must submit evidence of the qualifying family relationship, such as marriage or birth certificates, and meet all other eligibility requirements. If either spouse had prior marriages, evidence of the legal termination of those marriages must be provided. Additionally, family-based applicants are generally required to submit an Affidavit of Support (Form I-864) to show that they are not likely to become a public charge.

Instructions for Employment-Based Applicants

Employment-based applicants seeking to adjust their status must provide documentation demonstrating their eligibility under a specific employment-based immigrant category. This typically includes filing Form I-485 with a copy of Form I-797, Notice of Action, for the approved immigrant petition (Form I-140). If Form I-485 is filed concurrently with Form I-140, applicants must also include Form I-485 Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability, if required. Applicants must provide evidence of their current lawful status, such as Form I-94, Arrival/Departure Record, along with proof of any prior extensions or changes of status. If claiming an exemption from certain adjustment bars under INA section 245(k), applicants must submit evidence supporting their eligibility for the exemption.

Instructions for Special Immigrants

Special immigrants, including certain U.S. armed forces members, Panama Canal Zone employees, religious workers, and physicians, have unique eligibility criteria for adjusting their status. These applicants must select the correct special immigrant category on Form I-485 and submit documentation specific to that category. For example, religious workers must provide evidence of their qualifications and a job offer from a bona fide religious organization in the U.S. Special immigrants should closely follow the additional instructions specific to their category, as detailed in the USCIS guidelines, to ensure they meet all the necessary requirements.

Instructions for Asylees and Refugees

Asylees and refugees seeking to adjust their status must provide evidence of their asylee or refugee status, such as a copy of Form I-94, Arrival/Departure Record, showing their admission as a refugee or the approval notice of their asylum application. These applicants are not required to submit evidence of continuous lawful status since their entry into the United States. However, they must show that they have been physically present in the U.S. for at least one year since being granted asylum or refugee status. Refugees must also include a refugee travel document, and they may be subject to different medical examination requirements than other applicants.

Instructions for Special Cases

Certain applicants, including J-1 or J-2 exchange visitors, individuals with diplomatic immunity, and those subject to public charge grounds of inadmissibility, must follow specific instructions when filing Form I-485. J-1 and J-2 nonimmigrants subject to the two-year foreign residence requirement under INA section 212(e) must provide proof that they have either fulfilled this requirement, received a waiver, or obtained a favorable recommendation from the U.S. Department of State. Individuals in A, G, or E nonimmigrant status who hold diplomatic privileges and immunities must submit Form I-508 to waive these privileges, with French nationals also required to file Form I-508F. Additionally, they must submit Form I-566 to request a change or adjustment of status. Applicants subject to public charge grounds of inadmissibility are generally not required to submit initial evidence but should be prepared to respond to any USCIS Request for Evidence. Those claiming their institutionalization violated federal law must provide supporting documentation to substantiate their claim.

I-485 Instructions

What supporting documents do I need to submit with the I-485 form?

The I-485 form requires several supporting documents, and the specific requirements may vary based on the applicant's immigrant category. Some of the commonly required documents include:

• Two passport-style color photographs

• A photocopy of a government-issued ID with your photograph (such as your passport)

• Form I-94, Arrival/Departure Record

• Evidence of your relationship to the petitioning relative or employer, if applicable (such as a marriage or birth certificate)

• Proof of lawful entry into the U.S. (e.g., passport pages with an admission stamp)

• Form I-693, Report of Medical Examination and Vaccination Record

• Certified police and court records of any criminal charges, arrests, or convictions

• Form I-864, Affidavit of Support, for family-based applicants or other applicants as required

• Evidence of continuously maintaining lawful immigration status, if applicable

• Any applicable fee payments

The required documents may vary depending on your immigrant category, and it is important to review the specific instructions in the I-485 form and consult the USCIS website or an immigration attorney for a complete list of required documents.

How to Translate Supporting Documents for I-485?

The I-485 form is an important document used by individuals who are seeking permanent residency status in the United States. It is required by the USCIS that all supporting documents submitted with the I-485 form be in English or accompanied by a certified English translation. If your supporting documentation such as your birth certificate, marriage certificate, divorce decrees or police records are in a language other than English and you need to translate them for your I-485 form, here is what you need to know.

1. Find a Certified Translation Service Provider: The first step in translating the I-485 form is to find a certified translation service provider. You can work with a freelance translator or online translation services.

2. Review the Requirements: Before you begin the translation process, it is important to review the requirements set by USCIS. The translation must be done by a competent person who has full command of both English and the source language of the document.

3. Provide a Certified Translation: The translation must be accompanied by a certification that states the translation is accurate and complete, and that the translator is competent to translate the document. The certification should include the translator’s name, signature, and contact information.

4. Submit the Translation with the I-485 Form: Once the translation is complete, it should be submitted with the I-485 form and all other required supporting documents. Make sure to keep a copy of the translated document for your own records.

MotaWord is a trusted USCIS certified translation provider for immigration lawyers, law firms and individuals in the United States and Canada. You can easily use MotaWord for any type of document translation. Simply go to our quote page and upload your document, and MotaWord will identify the language and provide you with an instant quote for a USCIS certified translation, including the price and turnaround time.

How Do I Fill Out The I-485 Form?

Filling out the I-485 form requires careful attention to detail and a thorough understanding of the process. Here are the general steps to follow when filling out the I-485 form:

• Gather required documents: Before you start filling out the I-485 form, make sure you have all the required documents, such as your passport, birth certificate, and proof of eligibility for permanent residency status and make sure your documents are translated into English.

• Download the I-485 form: The I-485 form can be downloaded from the USCIS website. Make sure you have the latest version of the form.

• Fill out the form: Complete all required fields on the form, including your personal information, immigration history, and contact information. Make sure to sign and date the form.

• Calculate fees: The I-485 form requires payment of several fees, including the filing fee, biometric services fee, and any other required fees. Make sure to check the USCIS website for the latest fee schedule.

• Submit the form and supporting documents: Once the form and supporting documents are complete, submit the package to USCIS either by mail or in person at a USCIS Application Support Center.

• Attend biometric services appointment: After submitting the I-485 form, you may be required to attend a biometric services appointment where your fingerprints, photograph, and signature will be taken.

It is important to read the instructions provided by USCIS carefully and to seek guidance from an immigration attorney if you have any questions or concerns about the I-485 form.

What Is The Biometric Services Appointment For The I-485 Form?

The biometric services appointment is a required step in the I-485 process. During this appointment, USCIS will collect your biometric information, including fingerprints, photographs, and signatures, which are used for background and security checks and to verify your identity. After USCIS processes your I-485 application, you will receive a notice with the date, time, and location for your biometric appointment. It is essential to attend the appointment and provide all requested information, as failure to do so could result in delays or denial of your application.

How Much Is The Filing Fee For I-485

The paper filing fee for I-485 form is $1,440. If under 14 years of age and submitting Form I-485 concurrently with the Form I-485 of one parent the paper filing fee is $950. In certain cases, an additional fee may apply. It's important to note that the fees are subject to change and it's best to check the USCIS website for the most up-to-date fee information. Additionally, there may be different fees for certain categories of applicants, such as refugees or asylees, so it's important to review the specific instructions on the USCIS website.

How Do I Submit The I-485 Form?

The I-485 form must be filed with U.S. Citizenship and Immigration Services (USCIS). The steps to submit the form are as follows:

Prepare the form: Complete Form I-485 and gather all required supporting documents as outlined in the instructions.

Pay the fees: Pay the required filing fee for Form I-485, along with the biometrics services fee if applicable. Be sure to check the latest fee schedule and see if you qualify for any fee waivers or exemptions.

Submit the form: Mail the completed form, supporting documents, and payment to the correct USCIS address listed in the form instructions. The address may vary depending on your category and location.

Most applicants must file Form I-485 by mail, but some may be eligible to file electronically using a USCIS online account. It is important to verify your eligibility for electronic filing on the USCIS website or consult an immigration attorney. Additionally, some applicants may be able to file Form I-485 concurrently with Form I-140, while others must wait until Form I-140 is approved before filing.

Where To File I 485?

Form I-485, Application to Register Permanent Residence or Adjust Status, is typically filed with U.S. Citizenship and Immigration Services (USCIS). The form must be mailed to the correct USCIS address, which varies depending on the applicant’s category, location, and the basis for filing. There is currently no option to file Form I-485 online.

It is important to carefully review the USCIS website or the filing instructions included with Form I-485 to ensure it is sent to the appropriate address and that all required supporting documents are included. Consulting an immigration attorney or accredited representative can help ensure that the filing is done correctly.

I-485 Processing Time

How Long Does It Take To Process I-485?

The processing time for Form I-485 can vary based on several factors, including the volume of cases at USCIS and the specific circumstances of each applicant. Processing times generally range from 8 to 14 months, but some cases may take longer.

Processing times are subject to change, so it’s important to regularly check the USCIS website for the most up-to-date information. Additionally, processing times can vary depending on the USCIS field office handling the case. Applicants can use the USCIS Processing Time Information page to check the average processing time for their specific field office and form type.

If you need to travel outside the U.S. or require employment authorization while your I-485 is pending, you may be eligible to apply for advance parole and/or an Employment Authorization Document (EAD). It is recommended to consult with an immigration attorney for specific guidance on your case.

Is There Premium Processing For I-485?

Premium processing is not available for Form I-485. Premium processing is a service offered by USCIS for certain employment-based petitions, such as Form I-140 or Form I-129, allowing for faster processing in exchange for an additional fee. However, Form I-485, Application to Register Permanent Residence or Adjust Status, does not have an option for premium processing.

Denials and Approvals

What Happens If I-485 Is Denied?

If your I-485 is denied by USCIS, you will receive a denial notice outlining the specific reasons for the denial. Common reasons for denial include:

• Inadequate documentation: The form or supporting documents were missing required information or signatures, or you failed to respond adequately to a Request for Evidence (RFE).

• Ineligibility for permanent residency: You do not meet the eligibility requirements for adjustment of status based on your immigrant category.

• Fraud or misrepresentation: USCIS determined that false information or fraudulent documentation was provided with your application.

• Criminal history: Your criminal background makes you inadmissible to the U.S.

• Security concerns: USCIS determined that you pose a national security risk or other grounds of inadmissibility apply.

If your I-485 is denied, you may have the option to file a motion to reopen or reconsider the decision, depending on the reasons for denial. It’s crucial to consult with an immigration attorney to explore your options, which may include reapplying with additional evidence, appealing the decision, or pursuing alternative immigration solutions. Each case is unique, and legal guidance is essential to determine the best course of action.

What Happens After I-485 Is Approved?

After your I-485 form is approved, you will become a lawful permanent resident of the United States, granting you the right to live and work in the U.S. permanently. You may be eligible to apply for U.S. citizenship after meeting specific requirements, such as continuous residency.

Typically, within a few weeks after approval, you will receive your Permanent Resident Card (Green Card), which serves as proof of your lawful permanent resident status. This card allows you to travel in and out of the United States.

It is important to keep your address up to date with U.S. Citizenship and Immigration Services (USCIS) and ensure you comply with all U.S. immigration laws and regulations. Failure to do so could result in the loss of your permanent resident status.

It is advisable to consult an immigration attorney for guidance on your rights and responsibilities as a lawful permanent resident and for assistance with the naturalization process, if you decide to pursue U.S. citizenship.

FAQs on I-485

Can I work or travel outside the United States while my I-485 form is pending?

Whether you can work or travel outside the United States while your I-485 form is pending depends on your immigration status and whether you have the appropriate authorization. To work while your I-485 is pending, you must have a valid Employment Authorization Document (EAD), unless you already hold a valid nonimmigrant work visa, such as an H-1B.

If you wish to travel outside the U.S. while your I-485 is pending, you generally must obtain advance parole (Form I-131) before leaving. Traveling without advance parole may result in USCIS considering your I-485 application abandoned, unless you are in certain categories, such as H-1B or L-1 visa holders, who may be able to travel and return without abandoning the application.

It is essential to consult an immigration attorney before traveling outside the U.S. while your I-485 is pending to ensure you maintain your eligibility for adjustment of status.

Can I bring my family with me to the United States through the I-485 form?

Yes, you can bring your family members, also known as dependents, to the United States through the I-485 process. If you are the principal applicant for the I-485 Adjustment of Status application, your spouse and unmarried children under the age of 21 may be eligible to apply for adjustment of status as dependents. Each dependent must submit their own Form I-485 along with evidence of their relationship to the principal applicant.

Your dependents will be subject to background and security checks, and they must meet all eligibility requirements for adjustment of status. The processing times for dependent applications may vary from the principal applicant's I-485 processing time.

It is recommended to consult with an immigration attorney for guidance on how to properly include your family members in the I-485 process and ensure they meet all requirements.

What is the difference between I 130 and I-485?

Form I-130, Petition for Alien Relative: This form is used by U.S. citizens or lawful permanent residents to establish a qualifying familial relationship with a foreign national relative who seeks immigration to the United States. It is the first step in the family-sponsored immigration process, and once approved, it allows the relative to apply for a visa or adjustment of status, depending on their location and visa availability.

Form I-485, Application to Register Permanent Residence or Adjust Status: This form is used by individuals already in the United States who are eligible to adjust their status to become lawful permanent residents (green card holders). It is typically submitted after the I-130 has been approved or concurrently in certain cases, and must be accompanied by supporting documents to establish eligibility for permanent residency.

In summary, Form I-130 is used to establish a familial relationship for immigration purposes, while Form I-485 is used to adjust an individual's status to permanent resident if they are already in the United States. These forms are often used together but serve different purposes in the immigration process.

Can I 485 Be Denied After I 140 Approval?

Yes, even after a an form I-140 has been approved, a Form I-485 may still be denied. The approval of Form I-140 confirms eligibility for an immigrant visa or adjustment of status, as well as the legitimacy of the employer (in employment-based cases) or family relationship (in family-based cases). However, Form I-485 can be denied for reasons such as inadmissibility due to criminal history, security concerns, lack of proper documentation, or failure to meet other eligibility requirements for adjustment of status. Approval of Form I-140 does not guarantee approval of Form I-485.

Can I File I 130 And I 485 Together?

Yes, you can file Form I-130 and Form I-485 together if an immigrant visa number is immediately available. This concurrent filing is generally allowed for immediate relatives of U.S. citizens, as there are no numerical limitations for these visa categories. In some cases, however, you may need to wait for the I-130 petition to be approved before filing Form I-485, even if a visa number is available. It is important to review your specific circumstances and consult the USCIS guidelines or an immigration attorney to determine if concurrent filing is an option for you.

Consult the guidelines for your particular immigrant petition for advice, such as:

- Form I-130, Petition for Alien Relative

- Form I-140, Immigrant Petition for Alien Worker

- Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant

Does I-485 Require Interview?

Yes, most applicants for Form I-485 are required to attend an interview with a USCIS officer as part of the adjustment of status process, unless certain circumstances justify an interview waiver. Typically, 4 to 10 months after submitting Form I-485, you will receive an interview notice from USCIS with the date, time, and location. The interview is used to verify the information provided in your application and to ensure eligibility for adjustment of status.

What Questions Do They Ask In I-485 Interview?

• How did you and your spouse first cross paths, and where did this happen?

• When and under what circumstances did you two first meet?

• During the time you met, where was your spouse residing, and who were they living with?

• Can you provide your spouse's date of birth?

• At the time of your initial meeting, where was your spouse employed, and what kind of work were they doing?

• Could you describe the nature of your spouse's current occupation?

• What is your spouse's typical work schedule?

What Is My Immigration Status While I-485 Is Pending?

If you were in lawful status in the United States when you filed Form I-485, you are generally allowed to remain in the U.S. while your application is pending. For example, if you were on a valid non-immigrant visa (such as H-1B, F-1, or other), your status usually continues until a decision is made on your adjustment of status application.

If you filed Form I-485 while in the U.S. under the Visa Waiver Program (VWP) or with a valid parole document, you can typically remain in the U.S. while awaiting a decision.

It is important to note that certain actions, such as traveling outside the U.S. without obtaining advance parole (Form I-131), may result in your I-485 application being considered abandoned. To maintain your lawful immigration status while your I-485 is pending, consult an immigration attorney or review the USCIS guidelines to ensure compliance with the rules.

Can I File I-485 While I-130 Is Pending?

Yes, you can file Form I-485 (Application to Register Permanent Residence or Adjust Status) while Form I-130 (Petition for Alien Relative) is still pending, provided an immigrant visa number is immediately available. For immediate relatives of U.S. citizens, concurrent filing of Form I-130 and Form I-485 is generally permitted because visa numbers are always available for these categories. In other cases, the I-485 may be filed after the I-130 is approved or concurrently, depending on visa availability. It is important to verify eligibility and consult USCIS guidelines or an immigration attorney before filing.

When To Do Medical Exam For I-485?

The medical exam for Form I-485 should generally be completed after receiving instructions from USCIS, which often occurs after filing the application and receiving the Notice of Action (Form I-797C). It is recommended not to schedule the medical exam too far in advance, as the results are typically valid for only two years. To meet the requirements for the adjustment of status application, make sure to follow USCIS guidelines carefully and have the exam conducted by a USCIS-designated civil surgeon.

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