USCIS Form I-485: Everything You Need to Know

I-485 Explained

What Is I-485?

The I-485 form is an important document used by individuals who are seeking permanent residency status in the United States. This form is also known as the “Application to Register Permanent Residence or Adjust Status” and is used by those who are already in the United States and would like to change their immigration status from non-immigrant to immigrant.

What is the purpose of the I-485 form?

The I-485 form is used by individuals who are already in the United States and are seeking permanent residency status. The purpose of the I-485 form is to apply for a change in immigration status from a nonimmigrant status to a permanent resident status. By filing this form, an individual is seeking authorization from the U.S. Citizenship and Immigration Services (USCIS) to live and work permanently in the United States. The I-485 form is used in conjunction with a sponsor, such as an employer or family member, who is sponsoring the individual's permanent residency application. The approval of the I-485 form allows the individual to receive a Green Card, which serves as proof of their permanent residency status in the United States.

Eligibility for I-485

Who is eligible to file the I-485 form?

Eligibility to file the I-485 form is based on several factors. In general, individuals who are already in the United States and meet the following criteria may be eligible to file the I-485 form:

• Immigration status: The individual must be in a valid nonimmigrant status at the time of filing and must not have violated the terms of their current status.

• Immigrant visa availability: The individual must have an immigrant visa available to them based on their priority date, which is determined by the U.S. Department of State.

• Grounds of inadmissibility: The individual must not be inadmissible to be in the United States based on health, criminal, security, or other grounds.

• Sponsorship: The individual must have a sponsor, such as an employer or family member, who is sponsoring their permanent residency application.

It is important to note that the eligibility criteria for the I-485 form may vary based on the individual's specific case, and it is recommended to seek guidance from USCIS or an immigration attorney to determine if you are eligible to file the I-485 form.

I-485 Instructions

What supporting documents do I need to submit with the I-485 form?

The I-485 requires several supporting documents. Some of the common documents that need to be submitted along with the I-485 form include:

• Two passport-style photographs

• A copy of your passport page(s)

• Form I-94, Arrival/Departure Record

• Evidence of a valid relationship to the petitioning relative or employer (if applicable)

• Proof of lawful entry into the US

• Medical examination results

• Criminal background check results (FBI fingerprint clearance)

• Proof of financial support (Form I-864, Affidavit of Support)

• Evidence of continuous residency in the US (for certain applicants)

• Any required fee payments

It's important to note that the specific required documents for each applicant may vary depending on their individual circumstances, and it's best to consult the USCIS website or an immigration attorney for a complete list of required documents.

How to Translate Supporting Documents for I-485?

The I-485 form is an important document used by individuals who are seeking permanent residency status in the United States. It is required by the USCIS that all supporting documents submitted with the I-485 form be in English or accompanied by a certified English translation. If your supporting documentation such as your birth certificate, marriage certificate, divorce decrees or police records are in a language other than English and you need to translate them for your I-485 form, here is what you need to know.

1. Find a Certified Translation Service Provider: The first step in translating the I-485 form is to find a certified translation service provider. You can work with a freelance translator or online translation services.

2. Review the Requirements: Before you begin the translation process, it is important to review the requirements set by USCIS. The translation must be done by a competent person who has full command of both English and the source language of the document.

3. Provide a Certified Translation: The translation must be accompanied by a certification that states the translation is accurate and complete, and that the translator is competent to translate the document. The certification should include the translator’s name, signature, and contact information.

4. Submit the Translation with the I-485 Form: Once the translation is complete, it should be submitted with the I-485 form and all other required supporting documents. Make sure to keep a copy of the translated document for your own records. MotaWord is a trusted USCIS certified translation provider for immigration lawyers, law firms and individuals in the United States and Canada. You can easily use MotaWord for any type of document translation. Simply go to our quote page and upload your document, and MotaWord will identify the language and provide you with an instant quote for a USCIS certified translation, including the price and turnaround time.

Translating the I-485 form is a crucial step in the process of seeking permanent residency in the United States. By following these steps and choosing a professional translator, you can ensure that your I-485 form and supporting documents are accurately translated and properly submitted to USCIS.

USCIS mandates academic evaluations for your documents. Alongside certified translation, we offer specialized academic evaluation service to fulfill these requirements. At MotaWord, find all your immigration solutions in one convenient location. Here, you can learn more.

How Do I Fill Out The I-485 Form?

Filling out the I-485 form requires careful attention to detail and a thorough understanding of the process. Here are the general steps to follow when filling out the I-485 form:

• Gather required documents: Before you start filling out the I-485 form, make sure you have all the required documents, such as your passport, birth certificate, and proof of eligibility for permanent residency status and make sure your documents are translated into English.

• Download the I-485 form: The I-485 form can be downloaded from the USCIS website. Make sure you have the latest version of the form.

• Fill out the form: Complete all required fields on the form, including your personal information, immigration history, and contact information. Make sure to sign and date the form.

• Calculate fees: The I-485 form requires payment of several fees, including the filing fee, biometric services fee, and any other required fees. Make sure to check the USCIS website for the latest fee schedule.

• Submit the form and supporting documents: Once the form and supporting documents are complete, submit the package to USCIS either by mail or in person at a USCIS Application Support Center.

• Attend biometric services appointment: After submitting the I-485 form, you may be required to attend a biometric services appointment where your fingerprints, photograph, and signature will be taken.

It is important to read the instructions provided by USCIS carefully and to seek guidance from an immigration attorney if you have any questions or concerns about the I-485 form.

What Is The Biometric Services Appointment For The I-485 Form?

The biometric services appointment for the I-485 form is a required step in the I-485 process. The purpose of the biometric services appointment is for the USCIS to collect biometric information from you, such as your fingerprints, signature, and photograph. This information is used for background and security checks, and to confirm your identity. You will receive a notice from USCIS with the date, time, and location of your biometric services appointment after they have received and processed your I-485 application. It is important to attend the appointment and provide accurate and complete information, as failure to do so may result in delays in the processing of your I-485 application.

How Much Is The Filing Fee For I-485

The fees for filing the I-485, Application to Register Permanent Residence or Adjust Status, are as follows:

1. Main form fee: $1,140

2. Biometric services fee (fingerprint fee): $85

In certain cases, an additional fee may apply, such as for the Employment Authorization Document (EAD) or Advance Parole. It's important to note that the fees are subject to change and it's best to check the USCIS website for the most up-to-date fee information. Additionally, there may be different fees for certain categories of applicants, such as refugees or asylees, so it's important to review the specific instructions on the USCIS website.

How Do I Submit The I-485 Form?

The I-485 must be filed with the U.S. Citizenship and Immigration Services (USCIS). The following are the steps to submit the form:

1. Prepare the form: Complete the I-485 form and gather all required supporting documents.

2. Pay the fees: Pay the required fee for the I-485 form, as well as any additional fees, such as for biometrics services.

3. Submit the form: Mail the completed form, along with all supporting documents and fees, to the USCIS address listed in the form instructions.

It's important to note that some individuals may be eligible to file the I-485 form electronically using the USCIS online system, known as USCIS ELIS. It's best to check the USCIS website or consult with an immigration attorney to determine if you are eligible to file electronically. Additionally, some individuals may be able to file the I-485 form concurrently with the I-140 petition, while others may need to wait until the I-140 has been approved before filing the I-485.

Where To File I 485?

Typically, Form I-485, Application to Register Permanent Residence or Adjust Status, is filed with US Citizenship and Immigration Services (USCIS). You can mail it or, in some cases, file it online if USCIS allows electronic filing for that specific form. The mailing address for the I-485 will vary depending on your specific circumstances, such as your state of residence and the type of supporting documents you are submitting.

It is critical to review the USCIS website or the specific instructions included with Form I-485 to ensure that it is sent to the correct address and includes all required supporting documents. Consultation with an immigration attorney or accredited representative can also help you navigate the process smoothly.

I-485 Processing Time

How Long Does It Take To Process I 485?

The processing time for the I-485 can vary depending on several factors, including the volume of cases being processed by USCIS and the individual circumstances of each case. The average processing time for the I-485 form is approximately 8 to 14 months, but some cases can take significantly longer. It's important to note that the processing times can change frequently, and it's best to check the USCIS website for the most up-to-date information. Additionally, the processing time can vary by USCIS field office, and individuals can use the USCIS Processing Time Information page to check the average processing time for their specific field office and form type. If you need to travel outside the US or need to obtain employment authorization while your I-485 form is being processed, you may be eligible to file for advance parole and/or employment authorization. It's best to consult with an immigration attorney for specific guidance on your case.

Is There Premium Processing For I 485?

Form I-485, which is used for adjustment of status or permanent residency in the United States, does not have a premium processing option. Premium processing is a service provided by USCIS for certain employment-based non-immigrant and immigrant petitions, such as Form I-129 (for specific work visas) and Form I-140 (immigrant petition for alien worker), that allows for expedited processing for a fee.

The Application Process for I-485

What Is I 485 Application?

Here you can learn the application process for i-485 form.

Step 1: Gather Required Documentation

Before you can file the I-485 form, you need to gather all of the required supporting documentation. This includes evidence of your current immigration status, proof of your eligibility for permanent residency, and any additional supporting documents required by USCIS.

Note: If you include any document written in a foreign language as part of your submission, you must also provide a full translation into English. The translator must sign a statement certifying that the translation is complete and accurate and that they have the ability to translate from the foreign language into English. This statement should include the translator's signature, as well as their printed name, contact information, and the date. The DHS suggests that the certification includes these details. Need more information about certified translation? Check our article named ‘Certified Translations For USCIS - Everything You Need to Know’.

Step 2: Fill Out the I-485 Form

Once you have gathered all of the required documentation, you can start filling out the I-485 form. Start by obtaining the latest version of the I-485 form: You can obtain the form from the U.S. Citizenship and Immigration Services (USCIS) website or by visiting a USCIS field office. Fill out the form completely, making sure to provide accurate and complete information. If any questions do not apply to you, write "N/A" (not applicable). You can complete the form online or by hand. If you need help with the form, you can refer to the instructions provided by USCIS or seek the assistance of an immigration attorney.

Step 3: Pay the Required Fees

Along with the I-485 form and supporting documentation, you will also need to pay the required fees to USCIS. You can pay the fees by credit card, check, money order, or by using the USCIS online payment system. If you have further questions, click here. Our article titled ‘New USCIS filing fees for 2023’ can give you an idea about the current filing fees. You should however always check the exact fees on the USCIS website.

Step 4: Submit the I-485 Form and Supporting Documentation

Once you have completed the I-485 form, gathered all required supporting documentation, and paid the required fees, you can submit the form and supporting documents to USCIS. You can submit the form either online or by mail, depending on your case type and the instructions provided by USCIS.

Step 5: Attend the Biometric Services Appointment

After submitting the I-485 form, USCIS will schedule a biometric services appointment where you will need to provide your fingerprints, signature, and photographs. This appointment is mandatory and is used to complete the background check and verify your identity. In some cases, USCIS may require an interview with the applicant. During the interview, the USCIS officer will ask questions to verify the information provided in the I-485 form and supporting documents.

Step 6: Wait for Approval Or Denial Of Application

After the biometric services appointment, you will need to wait for USCIS to process your I-485 form and make a decision. If your application is approved, you will become a permanent resident of the United States. If your application is denied, you may be placed in removal proceedings.

Denials and Approvals

What Happens If I 485 Is Denied?

If your I-485 is denied by USCIS, you will receive a notice of denial from USCIS explaining the reasons for the denial. Depending on the circumstances of the denial, you may have several options for appealing or reapplying for permanent residency. Some common reasons for denial of the I-485 form include:

• Inadequate documentation: The form or supporting documents were missing information or required signatures.

• Ineligibility for permanent residency: You do not meet the eligibility requirements for adjustment of status.

• Fraud or misrepresentation: USCIS has determined that you provided false information on your application.

• Criminal history: You have a criminal history that makes you inadmissible to the US.

• Security concerns: USCIS has determined that you pose a threat to national security.

If your I-485 form is denied, it's important to consult with an immigration attorney as soon as possible to determine your options for appeal or reapplication. In some cases, you may be able to reapply with additional evidence or documentation to address the reasons for the denial, while in other cases, you may need to explore alternative immigration options.

What Happens After I 485 Is Approved?

After your I-485 form is approved, you will become a lawful permanent resident of the United States. This means that you will have the right to live and work in the United States permanently, and will be able to apply for U.S. citizenship after meeting certain eligibility requirements.

Typically, within a few weeks after approval, you will receive your permanent resident card, also known as a green card. The green card serves as evidence of your lawful permanent resident status and will allow you to travel in and out of the United States.

It is important to keep your contact information up to date with U.S. Citizenship and Immigration Services (USCIS), as well as to comply with all U.S. immigration laws and regulations. Failure to do so may result in loss of your permanent resident status.

It is recommended to consult with an immigration attorney for guidance on your rights and responsibilities as a lawful permanent resident, and to assist you in the process of obtaining U.S. citizenship, if desired.

FAQs on I-485

Can I work or travel outside the United States while my I-485 form is pending?

Whether you can work or travel outside the United States while your I-485 form is pending depends on your immigration status and whether you have a pending I-485 application for Adjustment of Status. If you have a valid nonimmigrant visa, such as a B-1/B-2 visitor visa or an H-1B work visa, and have not abandoned your I-485 application, you may be able to travel outside the United States and return while the I-485 is pending. However, extended trips abroad or trips to certain countries may be seen as an abandonment of your I-485 application.

If you do not have a valid nonimmigrant visa, you should not travel outside the United States while the I-485 is pending. Doing so may result in the abandonment of your I-485 application and may also make it difficult to obtain a visa in the future. It is best to consult an immigration attorney before making any decisions regarding international travel while your I-485 is pending.

Can I bring my family with me to the United States through the I-485 form?

Yes, you can bring your family members, also known as dependents, to the United States through the I-485 form. If you are the principal applicant for the I-485 Adjustment of Status application, your spouse and unmarried children under the age of 21 may be eligible to be included as dependents on your application. They will need to submit their own Form I-485, and include evidence of the relationship to the principal applicant. It is important to note that your dependents will be subject to background and security checks, and must meet all eligibility requirements for adjustment of status. The processing time for dependent applications may be longer or shorter than the processing time for the principal applicant's I-485 application. It is advisable to consult with an immigration attorney for guidance on the best way to include your family members in your I-485 application.

Can I work while my I-485 form is pending?

Whether you can work while your I-485 form is pending depends on your immigration status. If you have a valid nonimmigrant visa, such as an H-1B work visa, you may be able to work while the I-485 is pending, as long as your H-1B visa remains valid.

If you do not have a valid nonimmigrant visa, you may not be authorized to work while the I-485 is pending. You should not begin work until you have received an Employment Authorization Document (EAD) from USCIS or your I-485 has been approved.

It is important to note that if you engage in unauthorized employment, it may negatively impact your I-485 application and future immigration prospects.It is best to consult an immigration attorney for guidance on your work authorization options while your I-485 is pending.

What is the difference between I 130 and I-485?

Form I-130, Petition for Alien Relative: This form is used to prove a qualified familial tie with a foreign national who seeks immigration to the United States by U.S. citizens or permanent residents (holders of green cards). It is submitted to US Citizenship and Immigration Services (USCIS) as the initial step in the family-sponsored immigration procedure. Once accepted, it creates the framework for immigration sponsored by family members.

Form I-485, Application to Register Permanent Residence or Adjust Status: Foreign nationals who are already in the country and are qualified to change their status to become lawful permanent residents (holders of green cards) utilize this form. It is the application for a green card while in the US and it is normally submitted after the I-130 (if appropriate) has been authorized. The I-485 must be submitted to USCIS with a number of supporting papers.

In conclusion, the I-485 is the application for modifying one's status to become a permanent resident if the individual is already in the United States, whereas the I-130 is a petition to establish a qualifying familial relationship for immigration reasons. Although they frequently serve various purposes in the immigration process, these forms are frequently used simultaneously.

Can I 485 Be Denied After I 140 Approval?

Yes, even after an form I-140 has been accepted, a Form I-485 may still be rejected. The I-140's approval confirms your eligibility for an immigrant visa or status adjustment as well as the legitimacy of your employer (in employment-based cases) or qualifying family tie (in family-based instances).

Can I File I 130 And I 485 Together?

When a visa number is instantly accessible, you can submit your petition and application jointly. There are no numerical limitations for direct relatives of U.S. citizens, therefore this concurrent filing is always permitted. In some circumstances, you may need to have an authorized petition before you can submit for an adjustment of status, even if your visa number is available. Consult the guidelines for your particular immigrant petition for advice, such as:

- Form I-130, Petition for Alien Relative

- Form I-140, Immigrant Petition for Alien Worker

- Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant

Does I-485 Require Interview?

Unless particular circumstances justify an interview waiver, you must take part in a USCIS officer interview during the I-485 procedure. 4 to 10 months after submitting Form I-485, you can anticipate receiving the interview notice from USCIS.

What Questions Do They Ask In I-485 Interview?

• How did you and your spouse first cross paths, and where did this happen?

• When and under what circumstances did you two first meet?

• During the time you met, where was your spouse residing, and who were they living with?

• Can you provide your spouse's date of birth?

• At the time of your initial meeting, where was your spouse employed, and what kind of work were they doing?

• Could you describe the nature of your spouse's current occupation?

• What is your spouse's typical work schedule?

Can I-485 Be Denied After I140 Approval?

While an approved I-140 is an important step toward permanent residency, an I-485 application can still be denied for a variety of reasons. Each application is reviewed individually, and factors such as ineligibility, inadmissibility, documentation issues, changes in circumstances, or failure to respond to USCIS requests can all contribute to the I-485 being denied, even after the I-140 has been approved. It is critical to provide all required documentation and to respond promptly to USCIS communications throughout the application process. Consulting an immigration attorney can help you navigate potential complexities and increase your chances of success.

What Is My Immigration Status While I-485 Is Pending?

If you were in the United States in lawful status when you submitted the I-485, you should be able to stay in that status while your application is being processed. For example, if you were in the United States on a valid non-immigrant visa (such as an H-1B, F-1, or other), your status would typically continue until a decision on your adjustment of status application was made.

If you were in the United States under the Visa Waiver Program (VWP) or with a valid parole document when you filed the I-485, you will generally be able to stay in that status while waiting for the decision.

It is critical to note that certain circumstances or actions may have an impact on your status during the upcoming period. For example, if you travel outside the United States without obtaining advance parole (Form I-131), your application may be considered abandoned.

To ensure you comply with the rules and maintain your legal immigration status while your I-485 is being processed, always consult with an immigration attorney or refer to the USCIS website.

Can I File I-485 While I-130 Is Pending?

Yes, you can generally file Form I-485 (Application to Register Permanent Residence or Adjust Status) while Form I-130 (Petition for Alien Relative) is still pending. If an immigrant visa number is immediately available as a result of an approved family-based immigrant petition (I-130) or an employment-based petition (such as an approved Form I-140), the I-485 can be filed concurrently with the I-130, as we said above.

When To Do Medical Exam For I-485?

In most cases, the medical exam for Form I-485 should be completed after receiving instructions from USCIS, which is usually after filing the application and receiving the Notice of Action (Form I-797C). It is best not to schedule the exam too far in advance because the results are usually only valid for about a year. To comply with their requirements for the adjustment of status application, closely follow USCIS guidelines regarding the timing of the medical exam and ensure it is conducted by a USCIS-designated civil surgeon.

“We collected and distilled information on immigration for our site visitors from USCIS and other sources as a basic guide. MotaWord is a translation platform providing certified translations for immigration applicants and not a law firm. The information provided should not be construed as legal advice and might not be current. For current information please refer to the USCIS website or speak to your licensed immigration attorney.”