What is Form I-485?
Form I-485, “Application to Register Permanent Residence or Adjust Status,” is the form used by foreign nationals who are already in the United States and wish to apply for lawful permanent resident status, also known as a green card. This form is used to adjust their nonimmigrant or immigrant status to permanent resident status.
Key points about Form I-485:
Purpose: Form I-485 is used to apply for adjustment of status to become a lawful permanent resident (green card holder) while remaining in the United States.
Eligibility: Form I-485 can be filed by individuals who are eligible to adjust their status based on family sponsorship, employment, refugee or asylee status, and other categories.
Green Card Categories: Depending on your eligibility, you can file Form I-485 under various categories, such as family-based, employment-based, diversity visa (DV) lottery winners, refugees/asylees, and more.
Biographical Information: The form collects information about your biographical details, including your name, contact information, date of birth, and other personal information.
Eligibility Criteria: Different green card categories have different eligibility requirements, and you must meet the specific criteria for the category under which you are applying.
Supporting Documentation: You will need to provide supporting documentation to establish your eligibility for adjustment of status. This may include birth certificates, marriage certificates, employment records, and more.
Fingerprinting and Background Check: After filing Form I-485, you will likely be required to attend a biometrics appointment to provide fingerprints and other biographical information for a background check.
Work Authorization and Travel Document: Depending on your eligibility category, you may be eligible to apply for work authorization (Form I-765) and a travel document (Form I-131) while your Form I-485 is pending.
Conditional Green Card: If you are applying for adjustment of status based on marriage and have been married for less than two years at the time of approval, you will receive a conditional green card.
Affidavit of Support (Form I-864): In most cases, an affidavit of support from a sponsor is required to demonstrate that you will not become a public charge.
Interview: Some applicants are required to attend an interview with U.S. Citizenship and Immigration Services (USCIS) as part of the green card application process.
Filing Fee: There is a filing fee associated with Form I-485. The fee varies based on your age, category, and eligibility.
Submission: Form I-485 is typically submitted by mail to the appropriate USCIS service center or lockbox.
Processing Time: The processing time for Form I-485 can vary based on factors such as USCIS workload and the specific green card category.
It’s important to review the most up-to-date instructions and requirements on the official U.S. Citizenship and Immigration Services (USCIS) website or consult an immigration attorney to ensure accurate and timely submission of Form I-485 and its associated documentation.
How to fill out Form I-485?
Filling out Form I-485, “Application to Register Permanent Residence or Adjust Status,” is a comprehensive process that requires careful attention to detail and accurate information. This form is used to apply for lawful permanent resident status (green card) while you are already in the United States. Here’s a step-by-step guide on how to fill out Form I-485:
- Download the Form:
- Visit the U.S. Citizenship and Immigration Services (USCIS) website to download the most recent version of Form I-485 and its instructions.
- Read the Instructions:
- Carefully read the instructions provided with the form. The instructions will guide you through the process and explain each section of the form.
- Gather Required Information:
- Collect all the necessary information and documentation you’ll need to complete the form, including biographical details, immigration history, and supporting documents.
- Complete the Biographical Information:
- Provide your full legal name as it appears on your identification documents.
- Enter your contact information, including your address, phone number, and email.
- Immigration History:
- Provide information about your current immigration status, including your nonimmigrant status, arrival date in the U.S., and any previous applications for immigration benefits.
- Criminal History:
- Answer questions about your criminal history, if applicable. Provide accurate and complete information, and include any required documentation.
- Employment History:
- Provide information about your employment history, including your current job and previous employers.
- Family Information:
- Include information about your spouse and children, if applicable.
- Affidavit of Support (Form I-864):
- If required based on your category, provide information about the affidavit of support from your sponsor.
- Medical Examination:
- If applicable, provide information about your medical examination.
- Other Required Forms:
- If you are applying for work authorization (Form I-765) and/or a travel document (Form I-131), complete those forms and submit them along with Form I-485.
- Supporting Documentation:
- Include the required supporting documentation to establish your eligibility for adjustment of status. This may include birth certificates, marriage certificates, financial documents, and more.
- Filing Fee:
- Include the appropriate filing fee with your Form I-485. The fee can vary based on your age, category, and eligibility.
- Translation of Documents:
- If any of the documents you are submitting are not in English, provide certified translations.
- Check for Accuracy:
- Review all the information you’ve entered on the form to ensure its accuracy and completeness.
- Retain Copies:
- Make copies of the completed form and all supporting documentation for your records.
- Submit the Form:
- Mail your completed Form I-485 and supporting documents to the appropriate USCIS address provided in the instructions.
- Track Your Case:
- After submitting your application, you can track the status of your case online using your USCIS account if available.
It’s important to follow the most up-to-date instructions from the official USCIS website or consult with an immigration attorney to ensure accurate and timely submission of your Form I-485 and its associated documentation. The information provided here is a general overview and not a substitute for the official instructions provided by USCIS.
Form I-485 filing fees
The filing fees for Form I-485, “Application to Register Permanent Residence or Adjust Status,” can vary depending on several factors, including your age, immigration category, and eligibility. These are the filing fee categories for Form I-485:
- Standard Filing Fee (Ages 14-78):
- The standard filing fee for applicants between the ages of 14 and 78 is typically higher and covers the cost of processing and biometric services.
- Biometric Services Fee:
- A separate biometric services fee is required for applicants aged 14 through 78 to cover the cost of fingerprinting and background checks.
- Reduced Fee (Ages Under 14 or 79 and Older):
- Applicants who are under the age of 14 or 79 and older may be eligible for a reduced filing fee.
- Exemptions and Fee Waivers:
- Some categories of applicants, such as refugees, asylees, and certain abused spouses and children, may be eligible for fee exemptions or fee waivers.
Please note that fee amounts can change over time, and it’s important to refer to the most up-to-date fee information on the U.S. Citizenship and Immigration Services (USCIS) website before submitting your application. Additionally, USCIS provides fee waiver forms and instructions if you believe you are eligible for a fee exemption or waiver based on your financial circumstances.
To find the current filing fees for Form I-485 and the associated biometric services fee, visit the USCIS website or consult with an immigration attorney to ensure accurate payment and submission of your application.
