What is Form I-485?
Form I-485, Application to Register Permanent Residence or Adjust Status, is a form used by individuals in the United States who are seeking to become lawful permanent residents (green card holders) based on various eligibility categories, such as family-sponsored, employment-based, refugee or asylee status, and other special programs. It’s the main application form used to apply for adjustment of status to permanent residency.
Key points about Form I-485:
- Adjustment of Status: Form I-485 is used to apply for adjustment of status, which allows an eligible individual to transition from a nonimmigrant or temporary status to permanent resident status within the United States without having to leave the country.
- Eligibility Categories: The form is used for various categories of applicants, including family members of U.S. citizens or green card holders, certain employees, refugees or asylees, and others. The specific eligibility requirements and supporting documents can vary based on the category.
- Biometric Appointment: After submitting Form I-485, applicants generally receive a notice for a biometric services appointment at an Application Support Center (ASC), where their fingerprints, photograph, and signature will be taken for background checks.
- Interview: In many cases, an interview with a U.S. Citizenship and Immigration Services (USCIS) officer is required as part of the application process. This interview allows USCIS to verify the information provided on the application and to assess the applicant’s eligibility.
- Filing Fee: There is a filing fee associated with Form I-485. The fee can vary depending on the applicant’s age, category, and eligibility. Some applicants might also need to pay additional fees for services such as employment authorization and travel documents.
- Additional Forms: Depending on the applicant’s circumstances, they might need to file additional forms along with Form I-485. For example, some applicants may need to file Form I-765 for employment authorization and Form I-131 for a travel document (Advance Parole).
- Green Card Issuance: If the application is approved, the applicant will be issued a lawful permanent resident card, commonly known as a green card. This card serves as evidence of their permanent resident status.
It’s important to note that the process of applying for adjustment of status can be complex, and requirements can change over time. It’s recommended to carefully review the USCIS instructions for Form I-485 and any other relevant forms, and to consult with an immigration attorney or accredited representative if you have questions or concerns about the process. Always refer to the most current USCIS guidelines and requirements when submitting any immigration application.
Who needs to file Form I-485?
Form I-485, Application to Register Permanent Residence or Adjust Status, needs to be filed by individuals who are physically present in the United States and are eligible to apply for lawful permanent resident status (green card) through the process of adjustment of status. The eligibility categories for filing Form I-485 can vary, but here are some common scenarios in which individuals might need to file this form:
- Family-Sponsored Categories: Relatives of U.S. citizens or lawful permanent residents (green card holders) who are eligible for family-sponsored immigration may need to file Form I-485 to adjust their status to that of a permanent resident. This could include spouses, children, parents, and siblings of U.S. citizens, as well as certain family members of green card holders.
- Employment-Based Categories: Individuals who are eligible for employment-based green cards, such as those with approved immigrant petitions (Form I-140), may need to file Form I-485 to adjust their status after their priority date becomes current.
- Refugees and Asylees: Refugees and asylees who have been granted asylum or refugee status in the U.S. may apply for adjustment of status by filing Form I-485.
- Diversity Visa Lottery Winners: Individuals who have won the Diversity Visa (DV) lottery and have been selected to receive a visa number may apply for adjustment of status using Form I-485 if they are present in the U.S.
- Other Special Categories: There are various other categories and programs that may allow individuals to apply for adjustment of status through Form I-485. These can include special programs for victims of certain crimes, certain individuals with temporary protected status (TPS), and more.
It’s important to note that the eligibility requirements and documentation needed for each category can vary. Before filing Form I-485, individuals should carefully review the USCIS instructions for the form and make sure they meet all the requirements. In some cases, individuals might also need to file other forms, such as Form I-130 (Petition for Alien Relative) or Form I-140 (Immigrant Petition for Alien Worker), before being eligible to file Form I-485.
Since immigration policies and requirements can change, it’s recommended to refer to the official USCIS website or consult with an immigration attorney for the most up-to-date and accurate information regarding who needs to file Form I-485 and the eligibility criteria for adjustment of status.
How much does it cost to file Form I-485?@
The cost to file Form I-485, Application to Register Permanent Residence or Adjust Status, can vary based on the applicant’s age, category, and other factors. The U.S. Citizenship and Immigration Services (USCIS) periodically adjusts the fees associated with immigration forms, so it’s important to check the USCIS website for the most up-to-date fee information. Here are some potential fees that might be associated with filing Form I-485:
- Standard Filing Fee: The standard filing fee for Form I-485 for most applicants is typically several hundred dollars. This fee includes the cost of processing the application and is paid by most applicants.
- Biometric Services Fee: Many applicants are required to submit biometric data (fingerprints, photograph, and signature) as part of the application process. A separate biometric services fee is usually required and is used to cover the cost of collecting this information.
- Fees for Specific Categories: Some applicants might be eligible for fee exemptions or reduced fees based on their specific immigration category, such as refugees or asylees. Others might need to pay additional fees for certain benefits, such as employment authorization (Form I-765) and a travel document (Form I-131).
- Age-Related Fees: The fees for applicants under 14 years of age are often different from those for applicants aged 14 to 78. For example, children under a certain age might not need to pay the biometric services fee.
It’s important to carefully review the USCIS instructions for Form I-485 and its associated fee schedule to understand the specific fees that apply to your situation. USCIS provides detailed information about fee exemptions, reduced fees, and acceptable methods of payment.
Since fees and fee structures can change over time, it’s recommended to visit the official USCIS website or consult with an immigration attorney to get the most current and accurate information about filing fees for Form I-485 and any related forms.
How to expedite Form I-485 processing time?
Expedited processing for Form I-485, Application to Register Permanent Residence or Adjust Status, is typically available only in limited and specific circumstances. U.S. Citizenship and Immigration Services (USCIS) carefully reviews requests for expedited processing and generally grants them based on urgent humanitarian, employment, or other compelling reasons. Expedited processing is not guaranteed and is at the discretion of USCIS. Here’s how you might request expedited processing:
- Identify Eligible Reasons: USCIS considers expedited processing requests for reasons such as severe medical conditions, humanitarian emergencies, urgent employment needs, or other compelling situations. You need to demonstrate that there is a genuine and urgent need for expedited processing.
- Complete Form I-485: Complete and submit Form I-485, along with any required supporting documentation, in accordance with the standard filing instructions.
- Request Expedited Processing: You should submit a formal request for expedited processing with your Form I-485 application. This request is typically made through a letter that explains the reason for the expedite and provides supporting documentation.
- Provide Evidence: Depending on the reason for the expedite request, you will need to provide supporting evidence. For example, if the request is based on severe medical conditions, you might need to submit medical documentation. If it’s based on urgent employment needs, you might need to provide evidence of a job offer or impending job loss.
- Contact USCIS: After submitting your Form I-485 and expedite request, you can contact USCIS to inquire about the status of your request. USCIS may request additional evidence or information to support your request.
- Wait for Response: USCIS will review your request and determine whether to approve or deny the expedited processing. The decision is at the discretion of USCIS, and approval is not guaranteed.
It’s important to note that expedited processing is meant for truly urgent situations, and USCIS carefully evaluates each request. Providing false information or attempting to expedite for reasons that do not meet the criteria could result in a denial or other adverse consequences.
If you believe your situation qualifies for expedited processing, it’s advisable to consult the USCIS website or contact USCIS directly for the most current information and guidance on how to proceed. Additionally, consider seeking advice from an immigration attorney to ensure that you understand the process and requirements for requesting expedited processing.