If you are a foreign national who wants to live permanently in the United States, you may need to file Form I-485, Application to Register Permanent Residence or Adjust Status. This form allows you to adjust your status from a nonimmigrant visa holder (such as a student, tourist, or worker) to a lawful permanent resident (also known as a green card holder).
Benefits
There are many benefits of adjusting your status through Form I-485, such as:
- You can live and work permanently in the United States without any restrictions.
- You can travel freely in and out of the United States without a visa.
- You can sponsor your spouse and unmarried children under 21 for permanent residence.
- You can apply for U.S. citizenship after being a permanent resident for a certain period.
Eligibility
To be eligible for filing Form I-485, you must meet one of these criteria:
- You have an approved immigrant petition (such as Form I-130, Petition for Alien Relative, or Form I‑140, Immigrant Petition for Alien Worker) filed by a U.S. citizen, permanent resident relative, or an employer, or yourself (if you qualify under specific categories).
- You are applying as a refugee or asylee who has been in the United States for at least one year.
- You are applying under special programs such as the diversity visa lottery, Cuban Adjustment Act, Haitian Refugee Immigration Fairness Act, etc.
- You are applying concurrently with an immigrant petition (if you qualify under specific categories).
How to File I‑485 Form
To file Form I‑485, you must prepare several forms and documents supporting your eligibility and identity.
Forms and Documents
The forms and documents required for filing Form I‑485 may vary depending on your specific situation but generally include the following:
- Form I‑693, Report of Medical Examination and Vaccination Record, was completed by a designated civil surgeon within 60 days before filing Form I‑485 (this requirement is temporarily waived until March 31, 2023, due to COVID‑19).
- Form G‑325A, Biographic Information Sheet, if you are between 14 and 79 years old.
- Two passport-style photos taken within 30 days before filing Form I‑485
Fees
The filing fee for Form I‑485 is $1,140, and $85 is the fee for biometric services. The filing fee for applicants aged 13 or below is $750 if they file with their parent’s Form I‑485. But they must pay $1,140 if they file without their parent’s I-485 application.
You can pay the fees by check, money order, or credit card. You can also request a fee waiver if you can prove you cannot pay due to financial hardship.
Filing Options
You can file Form I‑485 online or by mail. To file online, you must create an account on the USCIS website and follow the instructions. You must upload scanned copies of your forms and documents and pay online fees.
To file by mail, you must send your forms, documents, and payment to the appropriate USCIS address. The address is on the USCIS website or your immigrant petition approval notice.
Receipt Notice
After you file Form I‑485, you will receive a receipt notice from USCIS confirming that they have received your application. The receipt notice will have a tracking number that you can use to check the status of your application online or by phone.
You should keep a copy of your receipt notice for your records and bring it when you attend any appointments with USCIS.
How Long Does It Take to Process Form I-485?
The processing time for Form I‑485 may vary depending on several factors, such as:
- The type of immigrant petition you are basing your adjustment of status on.
- The availability of visas for your preference category and country of origin.
- The workload and processing speed of the USCIS office handling your case.
- The completeness and accuracy of your application and supporting documents.
- The need for additional evidence or background checks by USCIS.
Processing Time
The processing time for Form I‑485 may vary depending on several factors, such as:
- The type of immigrant petition you are basing your adjustment of status on.
- The availability of visas for your preference category and country of origin.
- The workload and processing speed of the USCIS office handling your case.
- The completeness and accuracy of your application and supporting documents.
- The need for additional evidence or background checks by USCIS.
According to data from 2022, the average processing time for Form I‑485 was between 8-14 months. You will know that USCIS received your application after filing it because you’ll be sent a confirmation of receipt. This document shows a 10-digit receipt number allowing you to check your case status online or by phone1.
You can also check the estimated processing time for your form category and USCIS office on the USCIS website. However, these estimates are based on historical data and may not reflect current conditions.
If your application is approved, USCIS will mail your green card to you shortly after your adjustment of status interview.
What Are Some Common Reasons for Form I-485 Denial?
There are many possible reasons why USCIS may deny your Form I‑485 application. Some of the most common ones are:
- You are ineligible for adjustment of status based on your immigrant petition or visa category.
- You have violated immigration laws or committed crimes that make you inadmissible or deportable.
- You have lied or misrepresented information on your application or during your interview. You must provide sufficient evidence or documentation to support your eligibility or identity.
Appeal Options
If USCIS denies your Form I‑485 application, you may have some options to appeal or reopen your case. The options depend on the type of decision and the reason for denial.
Some of the standard appeal options are:
- Motion to Reopen: This is a request to USCIS to review your case again based on new facts or evidence that were unavailable at the time of the original decision. You must file a motion to reopen within 30 days of receiving the denial notice and pay a filing fee of $675.
- Motion to Reconsider: This is a request to USCIS to review your case again based on an error in law or policy that affected the original decision. You must file a motion to reconsider within 30 days of receiving the denial notice and pay a filing fee of $6751.
- Appeal to AAO: This is a request to the USCIS Administrative Appeals Office (AAO) to review your case and make a new decision. The AAO has jurisdiction over certain immigration cases, such as employment-based petitions, humanitarian petitions, and waivers. You must file an appeal to AAO within 30 days of receiving the denial notice and pay a filing fee of $675.
- Appeal to BIA: This is a request to the Board of Immigration Appeals (BIA) to review your case and make a new decision. The BIA has jurisdiction over certain immigration cases, such as family-based petitions, removal proceedings, and asylum applications. You must file an appeal to BIA within 30 days of receiving the denial notice and pay a filing fee of $1101.
You should consult an immigration attorney before filing any appeal or motion. They can help you determine the best option for your situation and prepare your arguments and evidence. Filing an appeal or motion does not guarantee that your case will be approved; it only gives you another chance for review by USCIS or another authority.
How Can I Avoid Form I-485 Denial?
Preparing your application carefully and thoroughly is the best way to avoid Form I‑485 denial. Here are some tips that can help you increase your chances of approval:
- Make sure you are eligible for adjustment of status based on your immigrant petition or visa category.
- Fill out all sections of Form I‑485 entirely and accurately. Do not leave any blanks or provide false information.
- Provide all required documents and evidence that support your eligibility and identity. Follow the instructions on how to submit them properly.
- Pay attention to deadlines and fees. If you are applying under employment-based preference categories, file your application within one year after receiving an immigrant visa number. Pay the correct amount for filing fees and biometric services fees.
- Attend all appointments with USCIS, such as biometrics collection and adjustment interviews. Arrive on time, dress appropriately, bring all necessary documents, answer questions honestly, and cooperate with USCIS officers.
Conclusion
Form I‑485 is an essential step in your journey to becoming a permanent resident of the United States. Following the guidelines and tips in this article, you can prepare your application correctly and avoid common mistakes that may lead to denial.
However, you may encounter any difficulties or challenges during the process. In that case, you should seek professional help from an immigration attorney who can advise you on your specific case and represent you before USCIS or other authorities.
We wish you all the best in your adjustment of status application! We hope this article has been helpful and informative for you. If you have any questions or comments, please feel free to contact us.
FAQ
Here are some of them:
What is Form I-485?
Form I-485 is an application to register permanent residence or adjust the status of eligible immigrants already in the United States1.
How long does it take to process Form I-485?
The processing time for Form I-485 depends on several factors, such as your adjustment category, the USCIS field office handling your case, and whether you have submitted all the required documents and biometrics. You can expect the total I-485 processing time to be at least 8 to 14 months.
How can I check the status of my Form I-485?
You can check the status of your Form I-485 online using your receipt number at https://egov.uscis.gov/casestatus/landing.do. You can also sign up for case updates via email or text at https://egov.uscis.gov/crisgwi/go?action=coa.Terms.
How can I find out the processing time for my Form I-485?
You can find the estimated processing time for your Form I-485 by selecting your form, form category, and the office processing your case at https://egov.uscis.gov/processing-times/. Refer to your receipt notice to find this information.
Does the processing time include all steps from receipt to completion?
Yes, the processing time includes all steps from receipt to completion. This includes the time it takes to submit biometrics, respond to requests for more information, and attend interviews if required.
