I-485: Adjustment of Status

Are you or someone you love petitioning for Adjustment of your immigration status? The process, which begins with form I-485, can be complicated. This page will guide you through the basics of an Adjustment Of Status and let you know what to expect.

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Jameel Manji

Jameel Manji, Manji Law

Manji Law is your complete immigration solution. If you are seeking assistance with the i-485 process, please give us a call. Manji Law can provide valuable insight, assistance, and a guiding hand to help you achieve your goals.

What Is Form I-485?

What is form I-485? Known as the Application to Register Permanent Residence or Adjust Status, I-485 is an immigration form used by individuals in the United States to request a change in their immigration status from temporary to permanent. Getting permanent status is also known as getting a Green Card. An Adjustment Of Status is a term used by the United States Citizenship and Immigration Services (USCIS) to describe a change in immigration status. There are many different statuses: Student, temporary visitor, and tourist are some example immigration statuses where the individual is not allowed to permanently live and work in the United State. Form I-485, the Application to Register Permanent Residence or Adjust Status, is only for certain individuals who are attempting to change their status from temporary to permanent.

Eligibility for Lawful Permanent Residence

Not every immigrant is eligible to apply for a Green Card or Lawful Permanent Residence using Form I-485; only a limited number of people have this opportunity. To be eligible to apply for a green card, they must be able to apply for the change in status while living in the U.S. and without leaving to return home for a consular interview. They must also meet one of the following eligibility requirements:

  1. Family relationship approved through Form I-130,
  2. K-1 Visa holder (This person marries a U.S. citizen and is approved via Form I-129F petition),
  3. Employment approved through Form I-140 petition,
  4. Cuban citizen, or
  5. Refugee or Asylum status

Here is some additional information from the USCIS website about who may file Form I-485:

You may apply as the person who directly qualifies for an immigrant category (“principal applicant”) or, in some cases, as a family member of the principal applicant (“derivative applicant”). Whether you are a principal or derivative applicant, you must file your own Form I-485.

1.  Principal Applicant

The principal applicant is usually the individual named as the beneficiary of an immigrant petition or who is otherwise qualified to adjust status. A principal applicant must designate which immigrant category he or she is applying under by selecting the appropriate box listed on Form I-485, Part 2. Application Type or Filing Category, Item Numbers 1.a. – 1.g.

Each category has specific requirements for adjustment of status. In addition to these Instructions, read the Additional Instructions (found after the Form I-485 Main Instructions) for your immigrant category to determine if any additional requirements apply to you.

2. Derivative Applicant (files based on a principal applicant)

A principal applicant’s spouse and children, who are not beneficiaries of their own immigrant petition, may be eligible to apply for adjustment under the same immigrant category as the principal applicant. These family members are called “derivative applicants.” A derivative applicant must designate which immigrant category he or she is applying under by selecting the appropriate box listed on Form I-485, Part 2. Application Type or Filing Category, Item Numbers 1.a. – 1.g.

Some immigrant categories do not allow for derivative applicants, while a few categories allow additional family members to apply as derivative applicants.  See the Additional Instructions for more details.

Under U.S. immigration law, you are a “child” if you are unmarried, under 21 years of age, and meet the definition of “child” found in the INA and USCIS policy guidance. Visit www.uscis.gov/tools/glossary for more information on the definition of “child.” You may still be considered a child for immigration purposes even after turning 21 years of age if you qualify under the provisions of the Child Status Protection Act (CSPA). For more information on CSPA, see www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act/child-status- protection-act-cspa.

3. Other Immigrant Categories

If you are filing for adjustment of status based on an immigrant category not listed in Part 2., Item Numbers 1.a. – 1.g., select the “Other Eligibility” box in Item Number 1.g. and type or print the immigrant category you are applying under.  These immigrant categories include, but are not limited to:

  • Special immigrants not listed in Part 2., Item Number 1.c. (for example, certain U.S. armed forces members, Panama Canal Zone employees, and physicians);
  • Polish or Hungarian parolee;
  • Private immigration bill signed into law; and
  • Registration of lawful permanent residence status based on a presumption of lawful admission.

An experienced immigration attorney can help you understand if you meet the criteria to apply for an adjustment to permanent status.

Ineligibility for Lawful Permanent Residence

The rules determining who may not apply for lawful permanent residence are complex. USCIS explains their general guidelines as follows:

You are generally ineligible for adjustment of status if one or more adjustment bars in INA sections 245(a), (c), (d), and/or (e) apply to you.  However, adjustment bars do not apply to every type of immigrant category and your category might exempt you from certain adjustment bars. For example, certain adjustment bars do not apply to immediate relatives of U.S. citizens, Violence Against Women Act (VAWA)-based applicants, or certain special immigrants. In addition, some employment-based applicants might be eligible for an exemption to some adjustment bars. For more information, visit www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-status.

Immigration laws specify acts, conditions, and conduct that can make foreign nationals ineligible for lawful permanent resident status. These acts, conditions, and conduct are outlined in INA section 212(a) and are called grounds of inadmissibility. For more information, visit www.uscis.gov/green-card/green-card-processes-and-procedures/green- card-eligibility.

You are inadmissible to the United States and may not adjust status to a lawful permanent resident if you fall under one or more of the grounds of inadmissibility that apply to your immigrant category. Depending on your immigrant category, some grounds may not apply to you.

If you are inadmissible, you may be eligible for a waiver of the ground of inadmissibility or another form of relief. If your waiver application or other form of relief is granted, your application to adjust status may be approved.

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Form I-485

What is needed to file form I-485?

In order to obtain permanent residence, the I-485 form must be submitted to USCIS. You must complete the application and file it along with supporting evidence. Supporting evidence is requested documentation that will help USCIS approve the change in residency status. The I-485 may be filed along with other applications such as Form I-131, which is used to request a travel document.

Supporting Evidence

The supporting evidence required includes two identical photographs of the applicant, a medical and immunization report (form I-693), and other supporting forms. This is required for any applicant between the ages of 14 and 79 years old. Other supporting evidence includes:

  • Copy of a passport
  • Birth certificate
  • Police clearances
  • Proof of lawful entrance into the U.S.

When should I file form I-485?

The USCIS website explains when you may file principal and derivative applications for lawful permanent residence:

Principal Applicant

In general, if you are filing as a beneficiary of an immigrant visa petition (such as Form I-130, Form I-140, or Form I-360), you may file an adjustment application only after USCIS has approved your petition and an immigrant visa number is immediately available. There are, however, some immigrant categories that allow you to file Form I-485 before USCIS approves your petition (this is known as “concurrent filing”), provided that approval of the petition would make a visa number immediately available and you meet all other filing requirements. See the Additional Instructions for category-specific information on when you may file Form I-485.

Visit the USCIS website at www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability- priority-dates for information on visa availability and priority dates, and the DOS website at www.travel.state.gov/ content/visas/en/law-and-policy/bulletin.html to view the Visa Bulletin.

More information about concurrent filing is available at www.uscis.gov/green-card/green-card-processes-and-procedures/concurrent-filing and in the instructions for Forms I-130, I-140, and I-360.

Derivative Adjustment Applicant

With the exception of U nonimmigrants, asylees, and refugees, USCIS cannot approve your Form I-485 as a derivative applicant until the principal applicant has been granted lawful permanent resident status.

If you are currently the spouse or child (unmarried and under 21 years of age) of a principal applicant, you may file Form I-485 if an immigrant visa is immediately available to you and you meet all the filing requirements. You may file at any of the following times:

  • At the same time the principal applicant files Form I-485;
  • After the principal applicant filed a Form I-485 that remains pending a final decision by USCIS;
  • After USCIS approves the principal applicant’s Form I-485, if the principal applicant is still a lawful permanent resident and if, at the time of the principal applicant’s Form I-485 approval, you were the principal applicant’s spouse or child; or
  • After the principal applicant obtained an immigrant visa and entered the United States as a lawful permanent resident if the principal applicant is still a lawful permanent resident and, at the time of the principal applicant’s entry, you were the principal applicant’s spouse or child.

Application fee

Along with the form I-485 and supporting evidence, the applicant must also send in an application fee. The cost of the fee may change depending on the applicant’s age and other factors. Without the fee, the application will not be processed.

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I-485 Filing Fee

The general filing fee for an I-485 Form is $1,140. However, the application fee may be lower depending on the applicant’s age. For example, the application fee is $750 for an applicant 13 years old or younger who is applying for a green card along with a parent. If the applicant is 13 or younger and their parent is not applying for a change in residency status, the price is $1,140.

Besides an application fee, a biometric services fee is also included with the application. This is the cost for collecting the applicant’s fingerprints, photograph, etc. It is $85 for applicants who are between 14 to 79 years old. If the applicant is older than 79 years old or younger than 13 years old, there is no fee. However, they are still required to schedule an appointment for biometrics collection.

The only time the I-485 filing fee or biometric service fee is not required with an application is if the person is a refugee, qualifies for a fee waiver, or if a judge waives the fee (this happens if the person is deported prior to applying).

The check or money order must be payable to the U.S. Department of Homeland Security. No cash is accepted. Filing fees for this form gradually increase over time, so it is important to check the USCIS website for the proper filing fee.

Biometric Services Appointment

After submitting your completed Form I-485 application and paying your filing and biometric services fees, you may have to appear for a biometric services appointment. This is a normal part of lawful permanent residence proceedings. The USCIS website explains the biometric services appointment in more detail:

USCIS may require that you appear for an interview or provide fingerprints, photograph, and/or signature at any time to verify your identity, obtain additional information, and conduct background and security checks, including a check of criminal history records maintained by the Federal Bureau of Investigation (FBI), before making a decision on your application, petition, or request. After USCIS receives your application and ensures it is complete, we will inform you in writing if you need to attend a biometric services appointment. If an appointment is necessary, the notice will provide you the location of your local or designated USCIS Application Support Center (ASC) and the date and time of your appointment.  If you are an applicant (principal or derivative) filing Form I-485 with an immigration judge, you are required to comply with instructions you will receive during proceedings for submitting Form I-485 to USCIS with all relevant fees and for providing biometric and biographic information to USCIS.

If you are required to provide biometrics, at your appointment you must sign an oath reaffirming that:

  • You provided or authorized all information in the application;
  • You reviewed and understood all of the information contained in, and submitted with, your application; and
  • All of this information was complete, true, and correct at the time of filing.

If you fail to attend your biometric services appointment, USCIS may deny your application. For applicants and derivatives who appear before an immigration judge, failure to attend a biometric services appointment, without good cause, may result in the immigration judge finding that your application was abandoned, and USCIS may also deny any other application, petition, or request you filed with USCIS.

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I-485 Instructions

Preparing Form I-485

According to the I-485 instructions, the entire application must be completed, supporting evidence and additional documents must be included, and the packet must be held together using a strong paper clip or one staple. Several applications can be submitted together. For instance, everyone in the family who is applying for green card status can send their applications in the same mailing. However, the packets must be help together with a rubber band, with a notation saying who the applications are (using their last names).

The USCIS website has more information on how to access and prepare Form I-485:

USCIS provides forms free of charge through the USCIS website. In order to view, print, or fill out our forms, you should use the latest version of Adobe Reader, which you can download for free at http://get.adobe.com/reader/. If you do not have Internet access, you may call the USCIS National Customer Service Center at 1-800-375-5283 and ask that we mail a form to you.  For TTY (deaf or hard of hearing) call: 1-800-767-1833.

What should the I-485 packet contain?

When completed, application should have the following information:

  1. Form I-485 with two photographs
  2. Form I-131 and/or Form I-765
  3. Other evidence
  4. Supporting documentation
  5. Form I-864, the Affidavit of Support (if applicable)
  6. Form I-485 Supplement (if applicable)
  7. Form G-28, the Notice of Entry of Appearance as Attorney or Accredited Representative (if applicable- this is used if an attorney is representing you)

The USCIS has specific guidelines for the documentation provided. The photographs you submit must adhere to their specifications:

You must submit two recent identical color passport-style photographs of yourself.  The photos must have a white to off-white background, be printed on thin paper with a glossy finish, and be unmounted and unretouched.

The two recent identical color passport-style photos must be 2 by 2 inches. The photos must be in color with full face, frontal view on a white to off-white background. Head height should measure 1 to 1 3/8 inches from top of hair to bottom of chin, and eye height is between 1 1/8 to 1 3/8 inches from bottom of photo. Your head must be bare unless you are wearing headwear as required by a religious denomination of which you are a member.  Using a pencil or

felt pen, lightly print your name and A-Number (if any) on the back of the photo.  Visit the following DOS website at travel.state.gov/content/passports/english/passports/photos/photo-examples.html for examples.

The USCIS website also contains helpful information about the types of supporting documentation and other evidence required with your Form I-485. Here are some examples:

Government-Issued Identity Document with Photograph

All Form I-485 applicants should submit a photocopy of a government-issued identity document that has their photograph. Typically, this will be your passport or similar document, even if the passport is now expired. It can also be any other government-issued identity document such as a driver’s license or military identification document.

Birth Certificate

All Form I-485 applicants, except refugees and asylees, must submit a photocopy of their birth certificate issued by the appropriate civil authority from the country of birth. Although refugees and asylees are not required to submit a photocopy of their birth certificate, if the birth certificate is available, refugees and asylees should submit a copy of the birth certificate.  USCIS will only accept a long-form birth certificate which lists at least one parent.

If your birth certificate is unavailable or does not exist, you must prove its unavailability or nonexistence and provide acceptable alternative evidence of birth.  (Refugees and asylees do not need to prove unavailability or nonexistence of their birth certificate.) You can look up your country of birth on the following website, travel.state.gov/content/visas/english/fees/reciprocity-by-country.html, to see if birth certificates are known to be unavailable or nonexistent in that country.

Certified Police and Court Records of Criminal Charges, Arrests, or Convictions

You must submit certified police and court records for any criminal charges, arrests, or convictions you may have.

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I-485 Interview

After submitting your forms, the next major step is the I-485 interview. After receiving a completed application, the USCIS sends the applicant an appointment notice with the date, time and location of their I-485 interview. This interview is a normal part of the process, so an applicant should not think anything is wrong because they receive an interview.

Some applicants are allowed to skip the interview process, but it is rare. USCIS may decide not to interview certain applicants because the evidence submitted with their application is so strong.

The interview will generally take place at the nearest USCIS field office. The applicant may be required to take certain items with them to the interview. These items include government-issued photo ID, appointment notice and passport. They will know this ahead of time because it will be listed on the notice.

The I-485 interview lasts for about 25 minutes from the time of the swearing-in to the last question. The questions you are asked will vary depending on your eligibility category requirement. For instance, if you are eligible for permanent resident status via marriage, a lot of questions may be about your spouse. If you are not fluent in English, you may use an interpreter to help with the interview process. To learn more about immigration court proceedings, talk to an Atlanta immigration attorney or read our Georgia immigration page.

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I-485 Processing Time & Status

Your form I-485’s processing time begins on the day the USCIS receives your application. All applications are reviewed in order. The I-485 processing time depends many factors such as which facility the application was sent to and the reason for your status adjustment.

The USCIS provides estimates of the I-485 timeline, but does not guarantee how long it will take to process the application. The current estimated time for a decision on an I-485 application is 10.5 to 23 months at the Atlanta, GA office. For family-based green card applications, the wait time varies from 11 months to 29 months. For employment-based residency adjustments, the processing time ranges from 9 months to almost 15 months.

You can check the status of your I-485 application here on the USCIS website or by calling the USCIS Contact Center at 800-375-5283. If you are hard of hearing or have difficulty speaking, dial: TTY 800-767-1833. When you contact the USCIS, be prepared to provide information such as your receipt number, A-Number, name, and date of birth.

You may be contacted by USCIS during the processing of your I-485 application. They will typically contact you via mail, so it is important to keep your address up-to-date with USCIS during this time.

Here is USCIS’s summary of Form I-485 application processing steps:

Initial Processing. Once USCIS accepts your application we will check it for completeness.  If you do not completely fill out this application, you will not establish a basis for your eligibility and USCIS may reject or deny your application.

Requests for More Information. We may request that you provide more information or evidence to support your application. We may also request that you provide the originals of any copies you submit. If USCIS or the Immigration Court requests an original document from you, it will be returned to you after USCIS or the Immigration Court determines it no longer needs your original.

Requests for Interview. We may request that you appear at a USCIS office for an interview based on your application. At the time of any interview or other appearance at a USCIS office, we may require that you provide your fingerprints, photograph, and/or signature to verify your identity and/or update background and security checks.

Decision.  The decision on Form I-485 involves a determination of whether you have established eligibility for the immigration benefit you are seeking.  USCIS will notify you of the decision in writing.

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Manji Law, P.C. 

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