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Filing an I-485 application requires careful preparation and organization. Seeking guidance from an experienced immigration attorney could speed up this process immensely.
The initial section of the form requests basic personal information about its applicants, including name, sex, date of birth, and citizenship details (if applicable). We have prepared a step-by-step guide to help you apply for the I-485 application.
What is An I-485 Application?
The I-485 application, also known as the “Application to Register Permanent Residence or Adjust Status,” is a form used by individuals in the United States to apply for a green card (permanent residency).
It is typically filed by immigrants who are eligible to adjust their status, such as those sponsored by a family member or employer, or through asylum or refugee status.
The I-485 allows applicants to remain in the U.S. while their application is processed. Approval of the I-485 grants lawful permanent resident status, which can eventually lead to U.S. citizenship.
Who is Eligibility for I-485 Application?
If you’re looking to become a permanent resident in the U.S., the I-485 application could be your pathway to obtaining a green card. This form allows eligible individuals already in the United States to adjust their status and live permanently in the country without having to return to their home country for immigrant visa processing. However, not everyone qualifies, and understanding who is eligible is crucial.
- Immediate relatives of U.S. citizens (spouses, children, and parents)
- Asylees and refugees
- Special immigrant juveniles
- Individuals under the Violence Against Women Act (VAWA)
- Individuals in certain family preference categories (with approved petitions)
What Documents Do You Need for Form I 485?
Gathering the necessary documentation is crucial for a successful application for Form I-485 to adjust your status to a U.S. permanent resident. The right paperwork ensures a smooth process and avoids unnecessary delays or rejections.
- Passport-style photos
- Government-issued ID
- Employment Authorization Document
- Form I-94 (Arrival/Departure Record)
- Birth certificate
- Marriage certificate (if applicable)
- Medical examination report (Form I-693)
- Proof of lawful entry (visa or passport stamps)
- Financial support documents (Form I-864)
Fill Out the Form I 485 & Answer Questions
Start the process of changing your nonimmigrant status and obtaining permanent residency by filling out an I-485 form. This document asks several questions regarding your immigration history and the reason for changing your status before being submitted for review by USCIS for a biometrics appointment to take fingerprints and photographs. Once complete, you will receive a 10-digit receipt number to track your case.
Some questions on this form are self-explanatory, while there are others which require special consideration. In particular:
Schedule an Interview
USCIS will send an interview notice after reviewing your application, both to the beneficiary and petitioner (if applicable). In family-based cases where one party is nonimmigrant, however, this requirement may be waived by USCIS. Interviews allow USCIS to verify important information and determine your eligibility for adjustment of status.
- Interviews typically occur in the district office where your case was filed.
- Once there, USCIS officers will administer an oath before reviewing Form I-485 biographical information and correcting any mistakes they find.
- Furthermore, the interviewing officer may inquire about the basis for your petition—for instance, they might ask about job offers made within the US and any supporting documents submitted with your petition.
Conclusion
Filing an I-485 application to adjust your status to a lawful permanent resident in the U.S. is a significant and complex process. To avoid any delays or issues, it is recommended to consult with an immigration attorney to guide you through the process. By following the correct procedures, applicants can move closer to obtaining permanent residency and securing their future in the United States.
