What is Form I-485?
Form I-485, officially titled “Application to Register Permanent Residence or Adjust Status,” is a form used by individuals who are already in the United States and wish to apply for lawful permanent resident status, commonly known as a green card. This form is used to request a change from a temporary immigration status (such as a nonimmigrant visa holder) to permanent resident status.
Here are some key points about Form I-485:
- Purpose: The primary purpose of Form I-485 is to apply for adjustment of status to become a lawful permanent resident of the United States.
- Eligibility: You might be eligible to file Form I-485 if you fall into certain categories, such as being an immediate relative of a U.S. citizen, a family-sponsored preference category applicant, an employment-based preference category applicant, a refugee/asylee, a diversity visa lottery winner, and more.
- Family-Sponsored and Employment-Based Categories: Many individuals who are sponsored by family members who are U.S. citizens or permanent residents, as well as those who have employment-based immigrant petitions, can use Form I-485 to apply for a green card.
- Filing Location: The form is typically filed with U.S. Citizenship and Immigration Services (USCIS), along with the necessary supporting documentation and fees.
- Biometrics Appointment: After submitting the form, applicants are usually required to attend a biometrics appointment to provide fingerprints, photographs, and other biographical information.
- Interview: In some cases, USCIS may require applicants to attend an interview as part of the adjustment of status process. The interview is an opportunity for USCIS officers to verify the information provided in the application and assess the eligibility of the applicant.
- Processing Times: Processing times for Form I-485 can vary widely depending on various factors, including the USCIS workload, the category you’re applying under, and whether an interview is required.
- Approval and Green Card Issuance: If the application is approved, the applicant will receive their green card, which grants them lawful permanent resident status in the United States.
It’s important to carefully review the instructions and requirements provided by USCIS when completing Form I-485 to ensure that you submit a complete and accurate application. Additionally, the eligibility criteria and processes can change over time, so it’s recommended to consult the USCIS website or seek legal advice for the most up-to-date information before applying.
Adjustment of Status eligibility criteria
The eligibility criteria for adjusting status through Form I-485 to obtain a green card (lawful permanent resident status) in the United States can vary based on the specific immigration category you fall under. Here are some common eligibility categories and their general requirements:
- Immediate Relatives of U.S. Citizens:
- Spouse of a U.S. citizen
- Unmarried child under 21 of a U.S. citizen
- Parent of a U.S. citizen who is at least 21 years old
- Family-Sponsored Categories:
- Certain family members of U.S. citizens or permanent residents who have filed an immigrant petition on behalf of the applicant
- Specific eligibility criteria vary based on the family relationship and preference category
- Employment-Based Categories:
- Certain employment-based immigrants with approved immigrant petitions and an available visa number
- Specific eligibility criteria depend on the employment-based preference category and the applicant’s qualifications
- Diversity Visa Lottery Winners:
- Individuals who have won the Diversity Visa Lottery (Diversity Visa Program, also known as the Green Card Lottery)
- Must meet specific eligibility requirements outlined in the Diversity Visa Lottery instructions
- Refugees and Asylees:
- Individuals who were granted refugee or asylee status at least one year before applying for adjustment of status
- Must meet other eligibility criteria related to refugee or asylee status
- Special Programs:
- Certain individuals who qualify under special programs, such as the Cuban Adjustment Act, the Haitian Refugee Immigrant Fairness Act (HRIFA), and others
- Other Categories:
- There are various other categories and circumstances that may qualify for adjustment of status. Each category has its own specific eligibility criteria.
It’s important to note that eligibility criteria can change, and the specific requirements may vary based on the applicant’s circumstances and the immigration category they are applying under. Additionally, there may be requirements related to health, criminal history, and other factors that impact eligibility.
Before applying for adjustment of status through Form I-485, it’s strongly recommended to review the official USCIS instructions and guidelines for your specific eligibility category. Consulting with an immigration attorney or legal expert can also provide personalized guidance based on your situation.
How to apply for Adjustment of Status
Applying for Adjustment of Status (AOS) through Form I-485 is a process that allows individuals who are already in the United States to transition from their current immigration status to lawful permanent resident status (green card holder). Here’s a general overview of the steps to apply for Adjustment of Status:
- Check Eligibility:
- Determine if you are eligible for Adjustment of Status based on your immigration category (e.g., family-sponsored, employment-based, diversity visa, etc.).
- Gather Required Documents:
- Collect all the necessary supporting documents for your specific eligibility category. These may include identification, passport-style photos, birth certificates, marriage certificates, and other relevant documents.
- Complete Form I-485:
- Fill out Form I-485, Application to Register Permanent Residence or Adjust Status, accurately and completely. The form is available on the U.S. Citizenship and Immigration Services (USCIS) website.
- Pay the Filing Fee:
- Pay the required filing fee for Form I-485. Fee waivers may be available in some cases.
- Compile Supporting Evidence:
- Gather evidence that supports your eligibility for Adjustment of Status. This may include copies of approved immigrant petitions, employment authorization documents, medical examination results, and other relevant documents.
- Prepare for Biometrics Appointment:
- After filing Form I-485, USCIS will schedule a biometrics appointment for you to provide fingerprints, photographs, and other biometric information.
- Attend Biometrics Appointment:
- Attend the scheduled biometrics appointment and provide the required biometric information.
- she has a way nguyen si kha • bells of gal • 2022 Attend Adjustment of Status Interview (if required):
- In some cases, USCIS may require you to attend an interview to discuss your application and supporting documents. Prepare for the interview by reviewing your application and supporting evidence.
- Wait for Decision:
- After your biometrics appointment and any required interview, wait for USCIS to process your application. Processing times can vary based on workload and other factors.
- Receive Employment Authorization (if eligible):
- Depending on your eligibility category, you may be able to apply for an Employment Authorization Document (EAD) using Form I-765 while your Adjustment of Status application is pending.
- Receive Decision:
- USCIS will notify you of the decision on your Adjustment of Status application. If approved, you will receive your green card, which grants you lawful permanent resident status.
It’s important to carefully follow the USCIS instructions and guidelines for your specific eligibility category when applying for Adjustment of Status. The requirements and procedures may vary, so reviewing the official USCIS website and, if needed, consulting with an immigration attorney can provide you with accurate and up-to-date information tailored to your situation.
