The end goal for many U.S. immigrants is the ability to legally live and work in the United States. Many accomplish this through obtaining a permanent resident card, also known as a green card. Applicants must submit Form I-485, Application to Register Permanent Residence or Adjust Status.
Immigration paperwork can be very complicated. Mistakes or missing information can lead to extended wait times or a denied application. Review the Form I-485 checklist to ensure you are prepared to apply for your green card and prevent unwanted setbacks or a rejection.
Your Guide to Form I-485
- What Is the Purpose of Form I-485?
- What Are the Benefits of Filing Form I-485?
- Who Qualifies to File Form I-485?
- Form I-485 Filing Checklist
- Filling Out Form I-485
- How Much Does It Cost to File Form I-485?
- How Long Does It Take for Form I-485 to Be Approved?
- Can I Stay in the US While My 485 Is Pending?
- Can You Work or Travel While Form I-485 Is Pending?
- What Is the Difference Between a Green Card and I-485?
- Which Gets Approved First, I-130 or I-485?
- Can I Lose My Job While I-485 Is Pending?
- What Happens if My I-485 Gets Denied?
What Is the Purpose of Form I-485?
Form I-485, Application to Register Permanent Residence or Adjust Status, allows a foreign national to apply for a green card. After a petitioner’s application is approved by U.S. Citizenship and Immigration Services (USCIS), they are legally allowed to live and work in the United States indefinitely.
A U.S. immigrant can renew their green card every 10 years and still retain citizenship of their country of origin. Oftentimes, filing Form I-485 is one step of the naturalization process.
What Are the Benefits of Filing Form I-485?
Filing Form I-485, or the Application to Register Permanent Residence or Adjust Status, comes with several important benefits. First and foremost, filing I-485 is your ticket to becoming a lawful permanent resident – in other words, getting your green card. This is the big prize, allowing you to live and work permanently in the United States. It’s like planting your roots in American soil.
But even while your application is pending, you will still enjoy the following perks:
- Work Authorization: You can apply for an Employment Authorization Document (EAD) using Form I-765. This lets you work legally in the U.S. while waiting for your green card. It’s like getting a head start on your American dream.
- Travel Benefits: By filing Form I-131, you can apply for Advance Parole, which allows you to travel internationally without abandoning your pending application. Think of it as a special passport for your green card journey.
- Protection from Overstaying: Once your I-485 is properly filed, you’re considered to be in a period of authorized stay, even if your original visa expires. It’s like having a safety net while you’re in immigration limbo.
- Social Security Number: You can apply for a Social Security number, which is crucial for working and accessing various services in the U.S.
- Driver’s License: In most states, a pending I-485 application allows you to get or renew a driver’s license.
- Potential Fee Savings: If you’re under 14 or over 79, you might not need to pay for biometrics, saving you some cash.
Remember, while these benefits are great, the ultimate goal is getting that green card. Keep your eye on the prize, follow all USCIS instructions carefully, and don’t hesitate to seek help from experienced immigration professionals if you need it.
Who Qualifies to File Form I-485?
Multiple parties may be eligible to apply for a green card using Form I-485. If you have any confusion about your eligibility to file Form I-485, take the eligibility quiz. The main categories that qualify to file Form I-485 include:
Petition Through Family
You must first have an immigrant visa number immediately available based on an approved immigrant petition. Additionally, you must have a completed Form I-130 (Petition for Alien Relative).
If approved, would make an immigrant visa number immediately available to you. This includes the immediate relative of a U.S. citizen: spouse, unmarried child under age 21, and parent (if the U.S. citizen is over age 21).
Spouse or Child (Derivative) of Another Green Card Applicant (Principal)
Derivative applicants are the spouses and children of the principal adjustment of status applicant. If the spouse or child is in the United States, the derivative applicants may file their Form I-485 with the principal applicant, or file any time after the principal’s Form I-485 is approved (if a visa number is available.
If the spouse or child is living abroad, the principal applicant should file Form I-824, Application for Action on an Approved Application or Petition, together with the principal’s Form I-485, to allow the derivatives to immigrate to the United States without delay if the principal’s Form I-485 is approved.
Fiancé(e) of a U.S. Citizen, or K-2 Child of Fiancé(e)
This category is for individuals who were admitted to the U.S. as the K-1 fiancé(e) of a U.S. citizen and you married that citizen within 90 days of entering the United States. It is also for the K-2 child of such a fiancé(e).
Refugee
As a refugee, you can apply to adjust status after you have been admitted as a refugee and have been physically present in the United States for 1 year following your admission.
Cuban Citizen or National
You may apply to adjust status if you are a native or citizen of Cuba, were admitted or paroled into the United States after January 1, 1959. You must have been physically present in the U.S. for at least 1 year.
A spouse and unmarried children may also apply to adjust status, regardless of nationality, as long as they were also admitted or paroled after January 1, 1959, and have been physically present in the U.S. for at least 1 year.
Based on Continuous Residence Since Before Jan. 1, 1972
You may apply for permanent residence if you have continuously resided in the U.S. since before January 1, 1972. This is commonly referred to as “Registry.”
After determining which category qualifies you to file for adjustment of status, determine which process to use: file Form I-485, adjustment of status, or consular processing. Adjustment of status is the process to apply for a green card from within the United States. Consular processing is the process to apply for a green card while living outside the United States.
Form I-485 Filing Checklist
To ensure your application is processed promptly, gather all the supporting documents you need and file as early as possible. Your application will need to be accompanied by evidence of your eligibility for a green card. The documents you need to submit will depend on your filing category.
To file for a marriage green card, your application must include:
- Proof of foreign nationality
- Evidence of lawful entry
- Proof of marriage
- Proof of a sponsoring spouse’s financial stability
- Police clearance certificate, if applicable
- Proof of a medical exam by a USCIS-approved doctor
USCIS will require any documents in a foreign language to be translated into English. This includes documents like your birth certificate or baptism certificate. If any required documents are not available, you may be able to submit alternative documents to support your application.
Filling Out Form I-485
Form I-485 may look complicated but it is relatively easy to fill out. Answer all questions and submit your application along with any necessary documents by mail to the direct filing address based on your location. You may file with the assistance of an immigration filing service, an attorney, or a translator.
Questions you can expect to answer on your form will include:
- Name and address
- Your qualifying category
- Nonimmigrant visa number
- Most recent address outside of the U.S.
- Five-year employment history
- Information about your marital history
- Information about your children
You will also need to disclose biographical information for the U.S. to confirm your identity. This includes your race, height, weight, hair, and eye color.
How Much Does It Cost to File Form I-485?
The filing fees associated with Form I-485 depend on your filing category. Typically, you will pay $1,140 for Form I-485 and $85 for biometric filing.
Children 13 or younger who file with a parent will pay a reduced filing fee of $750. Applicants aged 79 or older are exempt from the biometric filing fee. Applicants filing based on refugee status are exempt from both filing fees.
How Long Does It Take for Form I-485 to Be Approved?
If your application is missing several supporting documents, you may receive an official request for evidence (RFE) before your application can be processed. This can delay your application. Otherwise, you can expect to wait anywhere from 8 to 14 months after you submit your Form I-485.
The USCIS website lists general case proceeding timeframes based on form and your nearest field office. You can check the status of your application online. If you feel your adjustment of status application is taking longer than it should, you may make a case inquiry.
Can I Stay in the US While My 485 Is Pending?
When you’ve filed your Form I-485 (Application to Register Permanent Residence or Adjust Status), you’re in a unique position. As long as your application is pending, you can generally stay in the United States. It’s like you’re in a legal “waiting room” while USCIS processes your application.
Once you’ve properly filed your I-485, you’re considered to be in a period of authorized stay. This means you’re not accruing “unlawful presence” even if your original visa expires while you’re waiting for a decision on your green card application.
But here’s a word of caution – don’t take this as a green light to overstay your visa. If your I-485 gets denied for some reason, you could find yourself out of status pretty quickly. It’s always best to maintain valid status through other means if possible, just to be on the safe side. Also, while you’re waiting, you might want to consider applying for a work permit.
Can You Work or Travel While Form I-485 Is Pending?
A green card will allow you to work in the United States and travel in and out of the country. However, if you need to work while your application is still pending, file Form I-765, Application for Employment Authorization. If you have to travel outside of the U.S. and do not have your green card yet, file Form I-131, Application for Travel Document.
You may be able to file Form I-765 and Form I-131 at the same time. If USCIS processes your work and travel authorizations together, you will be issued an Employment Authorization Document Advance Parole card. This will allow you to work and travel while your adjustment of status application processes.
What Is the Difference Between a Green Card and I-485?
A green card, officially known as a Permanent Resident Card, is the actual document that proves you have lawful permanent resident status in the United States. It’s the physical card that allows you to live and work permanently in the U.S.
On the other hand, Form I-485 is the Application to Register Permanent Residence or Adjust Status. It’s essentially the paperwork you fill out to apply for that coveted green card. In other words, Form I-485 is the means to an end, with the end being your green card.
Here’s a simple way to think about it: Form I-485 is like the job application, while the green card is the job itself. You submit the I-485 (along with supporting documents) to USCIS, hoping they’ll approve your request to become a permanent resident. If you’re approved, you’ll receive your actual green card in the mail.
It’s worth noting that not everyone who wants a green card needs to file Form I-485. This form is specifically for people who are already in the U.S. and want to “adjust” their status to permanent resident. If you’re outside the U.S., you’d typically go through a different process called consular processing.
Which Gets Approved First, I-130 or I-485?
Typically, the I-130 (Petition for Alien Relative) is approved before the I-485 (Application to Register Permanent Residence or Adjust Status). Think of it like a two-step dance:
- Step 1: The I-130 is like getting your foot in the door. It establishes that you have a valid family relationship that qualifies you for a green card. This form is usually processed first.
- Step 2: Once the I-130 is approved, USCIS moves on to your I-485. This is where they decide if you’re eligible to actually get that green card.
However, here’s where it gets interesting: If you’re eligible for concurrent filing (which is often the case for immediate relatives of U.S. citizens), you can submit both forms at the same time. In this case, USCIS will usually still process the I-130 first, but they’ll be working on both forms more or less simultaneously.
One more thing to keep in mind: Processing times can vary widely depending on your specific situation, the USCIS workload, and even which service center is handling your case. So while the I-130 typically gets approved first, there’s no hard and fast rule.
The best thing you can do is keep an eye on your case status online and be patient. Immigration processes can sometimes feel like watching paint dry, but hang in there. You’re on your way to achieving your American dream.
Can I Lose My Job While I-485 Is Pending?
The short answer is yes, you can lose your job while your I-485 (Application to Adjust Status) is pending, but it’s a bit more complicated than that. If you’re applying for a green card through employment, losing your job can potentially impact your application. Here’s why:
Employment-based green cards are typically tied to a specific job offer. If that job no longer exists, it could affect the basis of your application. However, and this is important, if your I-485 has been pending for 180 days or more, you might be protected by something called “AC21 portability.” This allows you to change jobs or employers as long as the new job is in the same or a similar occupational classification.
Now, if you’re applying for a green card through a family-based petition or another category not tied to employment, losing your job shouldn’t directly affect your I-485 application. But here’s the catch – you still need to show that you won’t become a public charge (i.e., dependent on government assistance), so having a stable income is important.
Remember, every case is unique. The immigration process can be stressful, but many people navigate job changes successfully while their applications are pending. If you lose your job while your I-485 is pending, it’s a good idea to find new employment quickly if possible. If you can’t, make sure you have other evidence of financial stability, like savings or a financially capable sponsor.
What Happens if My I-485 Gets Denied?
If your I-485 (Application to Register Permanent Residence or Adjust Status) gets denied, it can feel like a major setback. But don’t panic! Let’s walk through what this means and what you can do:
First off, USCIS will send you a denial notice explaining why your application was rejected. This is crucial information, so read it carefully. It’s like getting feedback on a test – you need to understand where things went wrong.
Now, depending on your situation, you might have a few options:
- File a Motion to Reopen or Reconsider: If you think USCIS made a mistake or if you have new evidence that could change their decision, you can ask them to take another look. It’s like asking for a re-grade on an exam.
- Appeal the Decision: In some cases, you might be able to appeal to a higher authority, the Administrative Appeals Office (AAO). This is like going to the principal when you disagree with your teacher’s decision.
- Reapply: If the reason for denial is something you can fix, you might be able to file a new I-485. Just make sure you’ve addressed the issues that led to the denial in the first place.
- Explore Other Options: Depending on your circumstances, there might be other visa categories or paths to permanent residency you could pursue.
Here’s the tricky part: If you were maintaining a valid non-immigrant status before filing the I-485, and that status is still valid, you may be able to remain in the U.S. However, if your previous status has expired, you might need to leave the country to avoid being considered “out of status.”
Remember, immigration law is complex and every case is unique. It’s often a good idea to consult with an experienced immigration attorney or the online, do-it-yourself immigration experts at FileRight at this point. We can help you understand your specific situation and guide you on the best path forward. Our team offers easy-to-follow instructions and support options that can help you resolve your immigration issues.
