Application to Register Permanent Residence or Adjust Status Form I-485

Form I-485, known as the “Application to Register Permanent Residence or Adjust Status,” is a crucial document for those seeking to obtain lawful permanent residency in the United States. This form allows individuals who are already present in the U.S. to adjust their status to that of a green card holder without needing to return to their home country for consular processing. It’s a vital step for immigrants who qualify through various categories, such as family-based, employment-based, or asylum/refugee status, among others. Completing this form accurately is essential, as it marks the transition from a temporary to a permanent resident.

The purpose of Form I-485 extends beyond just paperwork; it represents the final phase of an immigrant’s journey towards lawful permanent residency in the U.S. This form is designed to ensure that the applicant meets all the eligibility criteria, including being physically present in the U.S. and having an approved immigrant petition, if applicable. By filing this form, applicants take a significant step towards securing their future in the United States, paving the way for the rights and privileges that come with a green card.

Eligibility for Filing Form I-485

Filing Form I-485 is a significant step towards obtaining lawful permanent residency in the United States. To qualify, applicants must meet specific eligibility criteria based on different immigration categories. Here’s a breakdown of these categories:

1. Family-Based Eligibility: Family-based eligibility allows certain relatives of U.S. citizens and lawful permanent residents to apply for adjustment of status. This category covers immediate relatives and specific family preference groups.  An approved or pending I-130 Form is required, and a visa number must be available.  

• Immediate Relatives of U.S. Citizens:
  • Spouses of U.S. citizens.
  • Unmarried children under 21 of U.S. citizens.
  • Parents of U.S. citizens (if the U.S. citizen is 21 or older).
• Family Preference Categories:
  • Unmarried sons and daughters (21 years or older) of U.S. citizens.
  • Spouses and unmarried children of lawful permanent residents.
  • Married sons and daughters of U.S. citizens.
  • Siblings of U.S. citizens (if the U.S. citizen is 21 or older).

2. Employment-Based Eligibility

Employment-based eligibility is available for individuals who have secured a job offer from a U.S. employer. This category includes various worker preferences based on skills, education, and job qualifications.  Ana approved or pending I-140 is required; and a visa number must be available. 

• Priority Workers:
  • Individuals with extraordinary abilities in sciences, arts, education, business, or athletics.
  • Outstanding professors and researchers.
  • Multinational managers or executives.
• Professionals Holding Advanced Degrees:
  • Professionals with advanced degrees or equivalent.
  • Individuals with exceptional abilities in the sciences, arts, or business.
• Skilled Workers, Professionals, and Unskilled Workers:
  • Skilled workers with at least two years of training or experience.
  • Professionals holding a U.S. bachelor’s degree or foreign equivalent.
  • Unskilled workers who perform labor requiring less than two years of training or experience.

3. Special Immigrant Categories

Special immigrant categories offer unique pathways to adjustment of status for individuals who meet specific criteria. These include religious workers, international organization employees, and certain vulnerable groups.

• Religious Workers: Members of a religious denomination who have worked as a minister or in a religious vocation or occupation.
• International Organization Employees: Employees or retirees of certain international organizations, and their eligible family members.
• Afghan or Iraqi Nationals: Individuals who worked for or on behalf of the U.S. government in Afghanistan or Iraq.
• Juvenile Immigrants: Children who have been declared dependent on a juvenile court in the U.S., making them eligible for special immigrant juvenile status.

4. Refugees and Asylees: Refugees and asylees who have been granted protection in the U.S. can apply for permanent residency after meeting certain residency requirements. This category provides a path to stability for those fleeing persecution.

• Refugees:
  • Individuals who were granted refugee status and have been physically present in the U.S. for at least one year.
• Asylees:
  • Individuals who were granted asylum and have been physically present in the U.S. for at least one year.

5. Public Interest Grounds

Public interest grounds allow certain individuals to apply for adjustment of status based on specific humanitarian programs or acts of Congress. These provisions address unique situations and historical injustices.

• Cuban Adjustment Act: Cuban natives or citizens, and their accompanying spouses or children, who have been present in the U.S. for at least one year.
• Haitian Refugee Immigration Fairness Act (HRIFA): Haitian nationals who have been present in the U.S. since December 31, 1995, and meet other specific requirements.
• Lautenberg Parolees: Individuals who were paroled into the U.S. under the Lautenberg Amendment and are eligible to adjust status under specific provisions.

Steps to Prepare Form I-485

Preparing Form I-485 is a detailed process that requires careful attention to detail and thorough documentation. Each step is crucial to ensure that your application is complete and accurate. Below are the essential steps to guide you through the preparation process:

Gathering Necessary Documents

Before you begin filling out Form I-485, it’s important to gather all the necessary documents that support your application. These documents are vital as they provide proof of your eligibility and identity.

• Proof of Identity: Passport, birth certificate, or other identification documents.
• Immigration Status: Current visa, Form I-94 (Arrival/Departure Record), and any previous immigration documents.
• Family Relationship Proof (if applicable): Marriage certificates, birth certificates of children, and other relevant documents.
• Employment Verification (if applicable): Job offer letters, Form I-140 approval notice, or employment contracts.
• Other Relevant Documents: Criminal history records, medical examination reports, and any other documents required based on your eligibility category.

 Filling Out the Form

Completing Form I-485 requires careful attention to detail. Each section must be filled out accurately, as mistakes can lead to delays or even denial of your application.

• Personal Information: Fill in your name, address, date of birth, and other personal details exactly as they appear on your identification documents.
• Eligibility Category: Select the appropriate category under which you are applying, such as family-based, employment-based, or special immigrant.
• Previous Addresses and Employment History: Provide complete information about your addresses and employment history for the last five years.
• Criminal and Immigration History: Disclose any prior arrests, convictions, or immigration violations truthfully, as these may affect your application.
• Sign and Date: Make sure to sign and date the form in the appropriate places. Unsigned forms will be rejected.

Required Supporting Evidence

Supporting evidence is a critical component of your Form I-485 application. These documents provide the proof needed to substantiate the claims made in your application.

• Affidavits: If certain documents are unavailable, affidavits from individuals who can attest to the facts in question may be required.
• Medical Examination Report (Form I-693): You must submit a sealed Form I-693, completed by a USCIS-approved physician, to show that you do not have any health conditions that would make you inadmissible.
• Photos: Provide passport-style photos as specified in the form instructions.
• Proof of Financial Support: If required, include documents showing you can financially support yourself, such as an Affidavit of Support (Form I-864) from a sponsor.
• Additional Evidence: Depending on your eligibility category, you may need to provide additional evidence, such as proof of continuous residence, employment records, or special immigrant status.

Filing Fees and Fee Waivers

Understanding the fees associated with Form I-485 is essential for preparing your application. The costs involved can vary based on your age, application type, and financial circumstances. Below is an outline of the filing fees and the availability of fee waivers.

1. Standard Filing Fee: The standard filing fee for Form I-485 is required from most applicants and covers the processing of your application to adjust status. The amount you need to pay depends on your age and the specific category under which you are applying.

• Adults (14+years old): The standard fee is $1,440.
• Children (under 14 years old): The fee is reduced to $950 when filing with the I-485 of at least one parent.

2. Fee Waiver Criteria and Application Process: For those facing financial difficulties, a fee waiver may be available, allowing you to submit Form I-485 without paying the filing and biometrics fees. The waiver is intended to make the immigration process accessible to all, regardless of financial status.

• Eligibility Criteria: You may qualify for a fee waiver if you can demonstrate an inability to pay due to financial hardship, if your income is at or below 150% of the Federal Poverty Guidelines, or if you receive means-tested benefits such as Medicaid, SSI, or TANF.
• Application Process: To request a fee waiver, you must submit Form I-912 (Request for Fee Waiver) along with your Form I-485 application. You will need to provide evidence of your financial situation, such as tax returns, proof of public benefits, or other documentation supporting your inability to pay the required fees.
• Approval: If your fee waiver request is approved, you will not be required to pay the filing or biometrics fees, making the adjustment of status process more affordable.

Submission Process

Once you have completed Form I-485 and gathered all necessary documents and fees, the next step is to submit your application. Properly handling the submission process is crucial to avoid delays or issues. Here’s what you need to know:

Where to File

Knowing where to submit your Form I-485 is essential for ensuring your application is processed correctly. The filing location can vary depending on your eligibility category and the state where you reside.

• USCIS Lockbox Facilities: Most applicants will submit their forms to a designated USCIS Lockbox facility. The specific address depends on the category under which you are applying and whether you are sending your application by mail or courier.
• Service Centers: In some cases, your form may be sent directly to a USCIS Service Center for processing, particularly if instructed by USCIS or if you are filing under a special program.

 

Receipt Notices and Next Steps

After you submit Form I-485, USCIS will send you a receipt notice, formally acknowledging that they have received your application. This notice is an important part of the process, as it includes your receipt number, which you can use to track the status of your case.

• Receipt Notice (Form I-797C): You will receive this notice by mail or through your online USCIS account. It confirms that USCIS has received your application and provides a receipt number for tracking purposes.
• Biometrics Appointment: If applicable, you will receive a notice for a biometrics appointment, where you will provide fingerprints, photos, and signatures for background checks.
• Request for Evidence (RFE): If additional information or documentation is needed, USCIS may issue an RFE. It’s crucial to respond promptly to avoid delays in your application process.
• Interview Notice: In many cases, USCIS will schedule an interview to further assess your eligibility. You will receive an interview notice with the date, time, and location.
• Decision Notice: Once USCIS has made a decision on your application, you will receive a notice by mail. If approved, you will be issued a green card, officially granting you lawful permanent resident status.

 

Biometrics Appointment

The biometrics appointment is a critical part of the Form I-485 application process, as it allows the U.S. Citizenship and Immigration Services (USCIS) to collect the necessary data to perform background checks. Here’s what you need to know about scheduling, attending, and understanding the outcomes of your biometrics appointment.

1. Scheduling and Attending the Appointment: After submitting Form I-485, USCIS will send you a notice for a biometrics appointment, typically at a local Application Support Center (ASC).

• Scheduling: You will receive an Appointment Notice (Form I-797C) with the date, time, and location of your biometrics appointment. The notice is usually sent a few weeks after USCIS receives your application.
• Attending: It is crucial to attend the appointment on the scheduled date. If you cannot attend, you must request a reschedule as soon as possible by following the instructions on the notice. Missing the appointment without notifying USCIS could delay or negatively impact your application.

2. What to Expect at the Appointment: Understanding what happens during the biometrics appointment can help ease any concerns and ensure you are fully prepared.

• Documents to Bring: Bring the Appointment Notice (Form I-797C), a valid photo ID (such as a passport or driver’s license), and any other documents mentioned in the notice.
• Process: At the appointment, USCIS staff will take your fingerprints, photograph, and signature. These biometrics are used to conduct background checks through the FBI and other agencies to ensure you do not have a criminal history or other issues that would make you ineligible for a green card.
• Duration: The appointment is typically quick, usually taking about 15-30 minutes. After completing the biometrics, you are free to leave.

3. Possible Outcomes: After your biometrics appointment, USCIS will process the collected data and proceed with your application. Several outcomes may follow:

• Background Check Completion: If your background check is clear, USCIS will continue processing your Form I-485. You may receive additional notices, such as an interview notice or a request for further evidence.
• Further Review: If there are any issues or discrepancies found during the background check, your application may require additional review. USCIS might request more information or documentation, or schedule an additional interview to address any concerns.
• Clearance and Application Progression: Once your biometrics and background checks are cleared, your application will move forward to the next stages, such as the interview and final decision.

Interview Process

The interview is a key step in the Form I-485 application process, where a USCIS officer will assess your eligibility for lawful permanent residency. Proper preparation and understanding of what to expect can greatly enhance your chances of success.

 Interview Notice and Preparation

Once your biometrics and initial processing are complete, USCIS may schedule an interview to further evaluate your application.

• Interview Notice: You will receive an Interview Notice (Form I-797C), which provides the date, time, and location of your interview, typically at a local USCIS office. The notice will also list any documents you should bring.
• Preparation: Begin by reviewing your Form I-485 and all supporting documents you submitted. Be familiar with every detail, as the USCIS officer may ask questions related to your application. Practice answering questions clearly and honestly, and ensure you understand the facts surrounding your eligibility, especially if there are any complex or sensitive aspects to your case.

Conduct of the Interview

The interview is generally straightforward, but it’s important to approach it with confidence and honesty.

• Arrival: Arrive at the USCIS office at least 15-30 minutes before your scheduled interview time. Bring your Interview Notice and all required documents.
• Interview Setting: The interview is usually conducted in a private room with a USCIS officer. Depending on your case, you may be interviewed alone, with your attorney, or, if applicable, with your spouse or other relevant individuals.
• Interaction: The USCIS officer will ask you questions based on your Form I-485, supporting documents, and any other relevant information. They may ask for clarification on certain points, particularly if there are discrepancies or areas that need further explanation. Answer each question truthfully and to the best of your ability.

Required Documents for Interview

Bringing the correct documents to your interview is crucial. Failure to provide the required paperwork can delay the decision on your application.

• Identification: Bring your passport, government-issued photo ID, and any other identification documents mentioned in the interview notice.
• Form I-485 and Supporting Documents: Bring a complete copy of your Form I-485 and all supporting documents you submitted, including your birth certificate, marriage certificate (if applicable), employment letters, and any affidavits.
• Recent Documents: Provide any recent documents that may have changed since you initially submitted your application, such as updated employment verification, recent tax returns, or a new lease agreement.
• Proof of Relationship (if applicable): If you are applying based on marriage, bring documents that demonstrate the authenticity of your relationship, such as joint bank statements, photos, and affidavits from friends or family.

Possible Interview Questions

The questions asked during your interview will vary based on your specific case. However, certain topics are commonly addressed.

• Personal Background: Questions may include details about your family, education, employment history, and past residences.
• Eligibility Category: If you are applying based on a family relationship, the officer may ask about your spouse or family member, including how you met, your relationship timeline, and details about your living arrangements.
• Immigration History: Be prepared to discuss any previous visas, travel history, and any interactions you’ve had with immigration authorities.
• Criminal Background: If applicable, the officer may ask about any criminal history, arrests, or convictions. It’s important to be upfront and provide any necessary documentation to clarify your record.
• Current Living Situation: Questions about your current residence, daily life, and future plans in the U.S. may also be asked to assess your ties to the country.

After the Interview

Once your interview for Form I-485 is complete, the final steps involve waiting for USCIS to make a decision on your application. Understanding what to expect after the interview can help you stay informed and prepared for the next steps.

1. Possible Outcomes and Notifications: After the interview, USCIS will review all the information provided and make a decision on your application. The outcome can vary, and you’ll be notified accordingly.

• Approval: If the USCIS officer is satisfied with your interview and all the documentation provided, your application may be approved on the spot, or you may receive an approval notice in the mail shortly after the interview. Once approved, you will be issued a green card, granting you lawful permanent resident status.
• Denial: If your application is denied, you will receive a written notice explaining the reasons for the denial. This notice will also inform you of any options for appeal or motion to reopen or reconsider your case.
• Pending: In some cases, USCIS may need additional time to review your case before making a final decision. You may be informed at the interview that your case is under review, or you may receive a notice indicating that your application is pending.

2. Status Check and Follow-up: After your interview, it’s important to stay informed about the status of your application and follow up if necessary.

• Case Status Online: You can check the status of your application online using the receipt number provided on your Form I-797C notice. The USCIS website provides real-time updates on the status of your case.
• Processing Times: Be aware of the typical processing times for Form I-485 in your area. If your case has been pending for longer than the usual processing time, you may consider contacting USCIS for a status update.
• USCIS Contact: If you need further information or have concerns about your case, you can contact USCIS through their customer service number or make an appointment at your local USCIS office via InfoPass.

3. Request for Additional Evidence (RFE): In some cases, USCIS may determine that they need more information or documentation to make a final decision on your application.

• Receiving an RFE: If USCIS requires additional evidence, you will receive a Request for Evidence (RFE) in the mail. The RFE will specify what additional information is needed and provide a deadline by which you must respond.
• Responding to an RFE: It’s important to respond to an RFE promptly and thoroughly. Provide all requested documents and any additional evidence that may strengthen your case. Ensure your response is well-organized and clearly labeled.
• Outcome After RFE: Once you submit the requested evidence, USCIS will continue processing your application. Depending on the nature of the RFE, you may receive a final decision soon after submitting your response, or you may be called for a second interview or further review.

Approval and Denial

After the processing of your Form I-485 application, USCIS will either approve your application and grant you a green card or deny your application. Understanding what happens in either scenario is crucial for your next steps.

1. Receiving Your Green Card: If your application is approved, you’ll receive your green card, which grants you lawful permanent resident status in the United States.

• Approval Notification: Upon approval, you’ll receive an official notice from USCIS confirming your status as a lawful permanent resident. This notice will typically be sent by mail.
• Green Card Delivery: Your green card will be mailed to the address you provided in your application. It serves as proof of your permanent residency and allows you to live and work in the U.S. You should receive it within a few weeks after the approval notice.
• Reviewing Your Green Card: Once you receive your green card, check it for accuracy, including your name, birth date, and other personal details. If there are any errors, you’ll need to request a correction from USCIS.

2. Understanding Denial Reasons: If your application is denied, USCIS will provide specific reasons for the denial. Understanding these reasons can help you decide your next steps.

• Common Denial Reasons:
  • Ineligibility: Your application may be denied if USCIS determines that you do not meet the eligibility criteria for adjustment of status.
  • Insufficient Evidence: If the evidence provided with your application is deemed insufficient or if you failed to respond adequately to a Request for Evidence (RFE), your application could be denied.
  • Criminal History or Immigration Violations: A history of certain criminal convictions or immigration violations can lead to a denial.
  • Failure to Attend Interviews or Appointments: Missing your biometrics appointment or interview without rescheduling or notifying USCIS can result in a denial.
• Denial Notice: You will receive a denial notice outlining the specific reasons for the decision. This notice will also inform you of your rights to appeal or take further action.

3. Appeal and Motion to Reopen/Reconsider: If your application is denied, you may have the option to challenge the decision through an appeal or by filing a motion to reopen or reconsider your case.

• Filing an Appeal:
  • Appeal Process: You can appeal the denial to the USCIS Administrative Appeals Office (AAO) if you believe the decision was incorrect based on the evidence. The appeal must be filed within the timeframe specified in the denial notice, usually within 30 days.
  • Filing Form I-290B: To appeal, you must file Form I-290B (Notice of Appeal or Motion) and include any supporting documentation that demonstrates why the denial was incorrect.
• Motion to Reopen or Reconsider:
  • Motion to Reopen: This is appropriate if you have new evidence or facts that were not previously available and could change the outcome of your case. This motion asks USCIS to reopen your case for further consideration.
  • Motion to Reconsider: If you believe USCIS made an error in applying the law or policy to your case, you can file a motion to reconsider. This motion asks USCIS to review the decision based on the existing record.
  • Filing Form I-290B: Similar to an appeal, you would file Form I-290B to request a motion to reopen or reconsider. Include any new evidence or legal arguments that support your request.

Maintaining Permanent Residence

Once you become a lawful permanent resident (LPR) of the United States, it’s essential to understand your rights and responsibilities, as well as how to maintain your status. Here’s a breakdown of the key aspects of maintaining your permanent residence.

 Rights and Responsibilities of Permanent Residents

As a permanent resident, you are granted specific rights, but you also have certain responsibilities that you must uphold to maintain your status.

• Rights:
  • Live and Work: You have the right to live permanently in the United States, work for any employer, and travel outside the country with some restrictions.
  • Protection Under U.S. Laws: You are entitled to the protection of all laws in the United States, your state of residence, and your local jurisdiction.
  • Education and Welfare Benefits: You can access educational opportunities, apply for financial aid, and receive certain public benefits if eligible.
  • Path to Citizenship: After meeting the residency requirements, you can apply for U.S. citizenship through naturalization.
• Responsibilities:
  • Obey All Laws: You must obey all federal, state, and local laws, including tax laws, and file your income tax returns.
  • Selective Service Registration: Male permanent residents between the ages of 18 and 26 must register for the Selective Service.
  • Maintain Permanent Residence: You must maintain your residence in the U.S. and not stay outside the country for extended periods without proper documentation, as this could be considered abandonment of your LPR status.
  • Notify USCIS of Address Changes: You are required to notify USCIS within 10 days of moving to a new address by filing Form AR-11 (Change of Address).

 Conditions on Residence

Some permanent residents have conditions attached to their residency status, which must be addressed to avoid losing their green card.

• Conditional Permanent Residents: Individuals who receive their green card through marriage to a U.S. citizen or based on certain investment categories may initially receive a conditional green card, valid for two years.
• Removing Conditions: To remove the conditions on your residence, you must file Form I-751 (Petition to Remove Conditions on Residence) or Form I-829 (Petition by Investor to Remove Conditions on Permanent Resident Status) within 90 days before the card expires. Failure to do so may result in the loss of your permanent resident status.
• Maintaining Continuous Residence: Continuous residence is required for certain benefits, such as naturalization. Extended absences from the U.S. could disrupt your continuous residence and affect your eligibility for citizenship.

Renewal and Replacement of Green Card

Your green card serves as proof of your lawful permanent resident status, and it’s important to keep it up to date and replace it if necessary.

• Renewal of Green Card: A standard green card is valid for 10 years. You must renew it before it expires by filing Form I-90 (Application to Replace Permanent Resident Card). It’s recommended to apply for renewal within six months of the expiration date to avoid issues.
• Replacement of Green Card: If your green card is lost, stolen, damaged, or contains incorrect information, you must also file Form I-90 to request a replacement. You should carry proof of your LPR status at all times, as you may need to show it when applying for employment, benefits, or re-entering the U.S. after travel abroad.
• Temporary Evidence of Status: If you need to travel or work while waiting for your renewed or replacement green card, you can request temporary evidence of your permanent resident status, which may be issued as a stamp in your passport or a temporary green card.

Conclusion

Completing Form I-485, Application to Register Permanent Residence or Adjust Status, is a crucial step in your journey toward becoming a lawful permanent resident. By carefully following the instructions and providing accurate information, you can avoid delays and ensure a smoother process. If you need assistance with your application, consulting an experienced immigration attorney can help you navigate the complexities and increase your chances of a successful outcome. Contact an immigration attorney today to ensure your path to permanent residence is as seamless as possible.

Disclaimer

Pricing information provided here is for reference only and may fluctuate. For the most accurate and current Government/USCIS fees, please refer to the relevant government websites or official resources. The attorney fees are indicative and will depend upon the facts and circumstances of the individual case. Fees and costs are subject to change and should not be considered as a definitive cost.