Adjusting your immigration status to become a lawful permanent resident in the United States is a big step in the immigration process. USCIS Form I-485 is the key to making it happen. This form, officially titled “Application to Register Permanent Residence or Adjust Status,” is for individuals already in the U.S. who have met the requirements to petition for a green card without leaving the country. Whether your eligibility is based on family, employment, humanitarian status, or other categories, Form I-485 is the gateway to permanent residency, allowing you to stay and build a future in the U.S. Here’s what you need to know about how this form works and what the process entails.
What Is Form I-485?
The Application to Register Permanent Residence or Adjust Status (USCIS Form I-485) is used when individuals in the United States on a visa want to change their immigration status and become lawful permanent residents (green card holders). Filing this form allows valid U.S. visa holders to stay in the country while their immigration status is pending, which is a huge benefit for immigrants who want to stay permanently. Although not necessary, it is the first step toward the naturalization process to become a U.S. citizen.
Who Is Eligible for Filing Form I-485?
The eligibility requirements for filing an Adjustment of Status (AOS) vary depending on your immigration status. The individual requirements will be different depending on how you entered the United States. The requirements that are common to all situations include the following:
- You must be physically present in the United States.
- You have entered the country legally.
- You don’t have any significant immigration violations or criminal convictions.
Several immigration categories are eligible to file for an Adjustment of Status, as it’s not available to everyone visiting the United States.
Family-Based Immigration
Family-based immigration allows U.S. citizens and lawful permanent residents (LPRs) to sponsor certain relatives for green cards. Form I-485 is used when the beneficiary is already in the U.S. and eligible to file to become a lawful permanent resident. It’s limited to:
- Spouses (those in the country on a K-1 visa)
- Unmarried children under 21
- Parents of U.S. citizens aged 21 or older
Employment-Based Immigration
Employment-based immigration allows foreign nationals to obtain lawful permanent residence (green cards) in the U.S. through their professional skills, job offers, or contributions in specific fields. Filing Form I-485 is a key step for individuals already in the U.S. to adjust their status to lawful permanent residents under this category. Its requirements include:
- Applicants with approved employment-based immigrant petitions (Form I-140).
- Eligible workers in priority categories like EB-1 (extraordinary ability) or EB-2 (advanced degree or national interest waiver).
Other Visa Categories Where Form I-485 Applies
Although not as common as family-based or work-based categories of visa holders, there are some other categories where individuals can apply for an Adjustment of Status and work toward getting a green card. These situations are unique but do present a pathway to lawful permanent residency.
- Religious workers
- Special Immigrant Juveniles (SIJs)
- Afghan or Iraqi nationals who supported U.S. operations
- Refugees physically present in the U.S. for at least one year after entry
- Asylees present for at least one year after being granted asylum
- Victims of trafficking (T visa holders) or certain crimes (U visa holders)
- Applicants under the Violence Against Women Act (VAWA)
How to File Form I-485
To petition for a green card, eligible applicants must first file Form I-485. By doing so, it’ll start the process of becoming a lawful permanent resident. It’s of utmost importance to take your time and answer all questions honestly. For some, hiring an experienced immigration lawyer can help to ensure their application has the best chance of being accepted. When filing for a green card, here’s what to expect:
- Confirm Your Eligibility: Make sure that you meet the requirements for your specific visa category.
- Complete the Form: Answer all questions and double-check before submitting.
- Gather the Required Supporting Documents: Depending on your visa category, you’ll need to include some supplemental documents. This could be copies of your passport and visa, proof of eligibility (e.g., approved Form I-130 or Form I-140), and your Medical Examination Report (Form I-693).
- Submit the Filing Fee: For most applicants, the filing fee for Form I-485 is $1440. Some applicants may be eligible to apply for a fee waiver request (Form I-912).
- Mail the Application: Mail your completed Form I-485, supporting documents, and payment to the correct USCIS address for your state and immigration category.
- Attend Biometrics Appointment: Applicants will be scheduled to attend an appointment where they’ll have their photo and fingerprints taken and must supply a signature.
- Interview with USCIS: Applicants must attend an interview conducted by a USCIS officer who will ask some basic questions about why they want to become a lawful permanent resident. They may also be asked some questions about their background.
- Wait for USCIS Decision: Processing times to receive a decision can vary greatly depending on your location and current office caseload. The wait time can be anywhere from a few months to a few years.
Common Hurdles to Getting a Green Card
For some individuals, filing for an adjustment of status may not be as straightforward an experience as they had hoped. There are a number of different unexpected hurdles they may need to deal with. Some can be solved relatively quickly, while others can require the assistance of an experienced immigration attorney. Here’s a look at some of the more common issues you could face when filing Form I-485.
- Eligibility Issues: Not meeting the specific eligibility criteria for your specific situation can cause delays. Unfortunately, if you don’t meet these requirements and submit your application and processing fee, USCIS doesn’t offer a refund.
- Incomplete or Incorrect Documents: Omissions or contradictory information will cause delays in the processing of your application. Incomplete forms or not submitting the required documents will result in being sent a Request for Evidence (RFE).
- Background Check Red Flags: Individuals with past immigration violations or criminal histories will most likely have their applications denied.
- Insufficient Financial Support: To obtain lawful permanent residency, applicants must prove that they have the financial means to support themselves. The inability to prove they have the means or a sponsor to support them financially could lead to your green card application being denied.
- Missing Scheduled Appointments: It’s mandatory that green card applicants attend a biometrics appointment and an in-person interview with a USCIS representative. Failure to attend or missing multiple rescheduled appointments could cause major delays in processing.
- Policy Changes: An unfortunate and unavoidable immigration hurdle is any changes to immigration policy or Presidential executive orders that affect the eligibility requirements for filing for lawful permanent residence in the United States.
Unfortunately, most applicants will most likely have to sit tight and wait for a decision to be made. This tends to be the biggest hurdle that applicants face, and there’s not much that can be done about the time it takes for your application to be processed and for you to receive your green card.
Common Mistakes When Filing Form I-485
Filing USCIS Form I-485 is an important step in the process of adjusting status to become a lawful permanent resident. However, many applicants encounter delays or denials because of common mistakes that can easily be avoided with proper preparation. Errors in the application or supporting documents can lead to unnecessary stress, additional costs, or even a denial. Here’s a look at some of the more common errors made when applying for a green card.
- Incomplete or Incorrect Information: All questions must be answered and answered correctly. Incomplete information, misspelled words, and incorrect dates will lead to processing delays.
- Documentation Issues: All required documents must be included with your application. If they’re in your native language, they must be translated into English. While you don’t need a notarized translation, the translator must provide a signed certification.
- Paying the Wrong Filing Fee: If you don’t pay the correct processing fee, your application will be rejected. Make sure you submit the proper payment fee.
- Incorrect Mailing Address: Sending the application to the wrong USCIS address for your location and visa category can delay or return your form.
- Forgetting to Sign the Application: One of the most common mistakes when filling out Form I-485 is failing to sign it. Unsigned applications will be returned to you and cause significant processing delays.
Everything You Need to Know About Filing for an Adjustment of Status
The leap from visa holder to lawful permanent resident shouldn’t be taken lightly. Green card holders can live and work in the United States permanently, and this privilege comes with many benefits. You’ll want to start off on the right foot, and filing correctly and without errors will help ensure your application is processed and accepted. If you have questions or concerns about the process, reach out to an experienced immigration lawyer.
