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

Certain individuals with a nonimmigrant status living in the United States can adjust their status to achieve permanent residency. However, the specific steps associated with changing your status can be complex, with multiple applications and stakeholders involved. People looking to initiate the process of adjusting their status may commonly wonder, “What is Form I-485?” By learning key definitions and processes, they can submit a successful application.

What Is Form I-485?

Form I-485, Application to Register Permanent Residence or Adjust Status, makes it possible for individuals eligible for a green card to apply for their documentation while continuing to be in the US. This process, formally known as Adjustment of Status, includes various categories, such as employment-sponsored, family-based, asylum and refugee-based, special immigrant categories, and other options.

How Can I File Form I-485?

Filing Form I-485 involves multiple steps, which can vary depending on the type of green card that the applicant is pursuing. An experienced immigration lawyer can support you with the following filing process:

• Confirming eligibility. Applicants must ensure that they are eligible to apply for a green card. To file a Form I-485, there must be a visa available in the relevant category, which can be verified by looking at the visa bulletin.
• Getting an approved petition. Depending on the type of green card being applied for, a petition will be required, which could be I-360, I-140, I-130, or other petitions. A lawyer can help you understand what kind of petition you will need, navigate the process, and have it approved.
• Getting a medical examination. Most green card applications require filling out and submitting Form I-693, Report of Medical Examination and Vaccination Record. Applicants will need to go to an approved physician to get this form completed and verified.
• Collecting additional documents. Additional documentation that may be required for submitting the Adjustment of Status application includes evidence related to the green card category eligibility and proof that the applicant entered the US lawfully. Other supporting documents that may be required include evidence of financial support, marriage certificates, and birth certificates.
• Filling out Form I-485. It is critical to complete all required fields on the form and fill out the entire form accurately and completely. Applicants who are interested in receiving text or e-mail notifications can include a completed Form G-1145, E-Notification of Application/Petition Acceptance.
• Submitting the form. The form must be submitted with associated filing fees, which can be paid by credit card if the applicant uses Form G-1450, Authorization for Credit Card Transactions. Filing fees can also be paid with a cashier’s check, money order, or personal check. Depending on the category of eligibility, the supporting documents and form must be filed at the corresponding USCIS service center or lockbox.

Upon successful submission of your application, you will be scheduled for a biometrics appointment by USCIS. At the appointment, they will take your signature, photograph, and fingerprints. After the biometrics appointment, an interview may be required with USCIS so the application can be further reviewed. An experienced immigration lawyer can help you prepare for such interviews and help you understand what types of questions to expect.

Receiving a Decision on Your Application to Register Permanent Residence or Adjust Status

You will ultimately receive a decision from USCIS. If your application is approved, you will receive your green card. In some cases, you may receive a request for evidence (RFE) in which USCIS needs further documentation to verify your application. An experienced lawyer can help you respond quickly to these requests so that you can continue processing your application. Furthermore, if you receive a rejection, they can help you with an appeal.

FAQs

Q: Who Qualifies for I-485?

A: People already located in the US on a valid nonimmigrant status who are eligible for a certain green card can qualify for Form I-485, Application to Register Permanent Residence or Adjust Status. Options for qualifying for a green card include refugee or asylum status, family sponsorship, employment, and other means. Applicants will need to have an approved petition in addition to a current priority date.

Q: What Does It Mean If My I-485 Is Approved?

A: If an applicant gets their Form I-485, Application to Register Permanent Residence or Adjust Status, approved, they have been granted lawful permanent resident status by USCIS. Therefore, they will become a green card holder, meaning that they can permanently work and live in the US. A green card also comes with the possibility of a path to citizenship. To understand the benefits that your green card comes with, it’s important to work with a lawyer.

Q: What Is the Difference Between I-130 and I-485?

A: Form I-130 and Form I-485 are two different forms that serve different purposes at different phases in the process of obtaining a green card. Form I-130, Petition for Alien Relative, is a petition in which local permanent residents or US citizens can declare their relationship with a close relative who wishes to permanently live and work in the US. Form I-485, Application to Register Permanent Residence or Adjust Status, is the green card application itself.

Q: What Happens After I File My I-485?

A: After you file Form I-485, you will need to wait until USCIS reviews your application and schedules a biometrics appointment. At your appointment, you will need to give a signature, a photo, and your fingerprints, after which your case will go through further processing. You may be required to attend a USCIS interview before receiving a decision from USCIS. If your application has been accepted, you will be able to receive your green card.

Efficiently Navigate the Adjustment of Status Process With an Experienced Immigration Lawyer

Applying for an Adjustment of Status is an exciting time in the immigration process, as becoming a lawful permanent resident can unlock a myriad of benefits, including the potential to eventually pursue US citizenship. A skilled immigration lawyer from U.S. Law Center can assist you with pursuing your green card and submitting relevant forms, such as an I-485. Contact us today to begin the process.