I-485 Application to Register Permanent Residence or Adjust Status

Form I-485 is used by individuals in the United States who are eligible to apply for permanent residency (a Green Card). This form allows a foreign national to adjust their status from a temporary or non-immigrant status (such as a student, worker, or visitor) to that of a lawful permanent resident (Green Card holder) without needing to leave the U.S.

Who Can File - Eligibility

1-Family-Based Adjustment:
If you are the spouse, child, or parent of a U.S. citizen or lawful permanent resident, you may be eligible to adjust status.
2-Employment-Based Adjustment:
If you have an approved employment-based immigrant petition (e.g., Form I-140) and an available visa number, you may be eligible.
3-Asylum Seekers:
If you have been granted asylum and have been in the U.S. for at least one year, you may apply to adjust status.
4-Special Immigrants:
Certain special immigrants, such as religious workers, may qualify.
5-Diversity Visa Lottery Winners:
If you were selected in the Diversity Visa Lottery, you can adjust your status to permanent residency if you meet the other eligibility requirements.

Requirements

1-Entry to the U.S.
You must have been admitted or paroled into the U.S. (you entered the U.S. legally or were allowed entry under a parole program).
2-Immigrant Petition Approval:
Depending on your immigrant category, you may need an approved Form I-130 (for family-based applicants) or Form I-140 (for employment-based applicants).
3-Visa Availability:
For certain categories, there must be an available immigrant visa number. Immediate relatives (spouses, parents, children) of U.S. citizens usually have a visa number available, but other categories may need to wait.
4-Physical Presence:
You must be physically present in the U.S. when applying for adjustment of status.
5-No Immigration Violations:
You must not have violated U.S. immigration laws, such as overstaying a visa or entering illegally, though there are exceptions in some cases.

Required Documentation

1-Completed Form I-485:
Fill out Form I-485 completely and accurately.
2-Proof of Eligibility:
-Family-based applicants: Provide an approved Form I-130 (Petition for Alien Relative) or a copy of the petition receipt notice. -Employment-based applicants: Provide an approved Form I-140 (Immigrant Petition for Alien Worker) or evidence of a job offer or approved immigrant petition.
3-Proof of Identity:
A copy of your passport biographical page, birth certificate, or other identity documents.
4-Proof of Legal Entry:
A copy of your Form I-94 (Arrival/Departure Record) or your visa page from your passport showing your legal entry into the U.S.
5-Medical Examination:
You must submit a Form I-693 (Report of Medical Examination and Vaccination Record) completed by a USCIS-approved physician. This should be submitted in a sealed envelope.
6-Passport-Style Photographs:
Two passport-style color photos for identification.
7-Proof of Financial Support (if required):
You may need to submit Form I-864 (Affidavit of Support) to demonstrate that your sponsor (usually a U.S. citizen or permanent resident relative) can financially support you.
8-Fee Payment:
The filing fee for Form I-485 is generally $1,225 for most applicants (this includes the application fee and biometrics fee). However, applicants under 14 or over 79 may have a different fee structure.

Filing Fee

As of 2024, the filing fee for Form I-485 is:

• $1,225 for most applicants (ages 14 to 78).
  This includes the application fee of $1,140 and the biometrics fee of $85.
• $750 for applicants under 14 years of age (if filing with the parent’s Form I-485).
• $1,140 for applicants 79 years of age or older (biometrics fee is not required for those 79 and older).
  Fee Waivers:
  You can request a fee waiver by submitting Form I-912 (Request for Fee Waiver) if you are unable to pay the fees due to financial hardship.

Delivery Type (Online, Physical)

1-File Online:

1-Create or Log into Your USCIS Account:
-Go to the official USCIS website and create an account at USCIS Account.
-If you already have an account, simply log in.
2-Complete Form I-485 Online:
-After logging in, you can fill out the form electronically. The USCIS system will guide you through the process.
-Answer all the questions accurately and completely. The system will automatically check for errors or missing information.
3-Upload Supporting Documents:
-Scan and upload all necessary supporting documents, such as your passport, birth certificate, marriage certificate (if applicable), Form I-693 (medical exam), and other requested evidence.
-USCIS will provide clear instructions on which documents are required based on your specific case.
4-Pay the Filing Fee:
-You can pay the filing fee online through your USCIS account. You can use a credit card, debit card, or a bank transfer to complete the payment.
5-Submit the Form:
-Once everything is complete, review the application for accuracy, and then submit it through the online system.
-After submitting, you will receive an I-797 Receipt Notice, which confirms that USCIS has received your application.

2-File by Mail:

1-Fill out Form I-485 completely and accurately. Make sure to sign the form where indicated.
2-Gather the necessary documents (e.g., passport, birth certificate, medical exam, proof of legal status, etc.).
Ensure that all documents are clear copies and properly organized.
3-Calculate the Correct Filing Fee:
-Make sure to include the correct filing fee with your application.
-The fee for most applicants (ages 14-78) is $1,225, which includes the $1,140 application fee and the $85 biometrics fee. Children under 14 and applicants 79 or older have different fees.
4-Prepare Your Payment:
-You can pay by check or money order made payable to the "U.S. Department of Homeland Security."
-Alternatively, if you're filing by mail and want to pay by credit card, you can use Form G-1450 (Authorization for Credit Card Transactions), which you should also include in the packet.
5-Mail Your Application:
Find the correct mailing address for Form I-485 based on your location (see below for the address).
-If you are filing through USPS (regular mail), check the USCIS website for the address.
-If you are using a courier service (FedEx, UPS, DHL, etc.), the address may differ. Ensure that you use the correct address.
6-Mailing Address: The address where you should mail your Form I-485 depends on your situation. For example:
If you are filing from within the U.S.:
-For USPS (regular mail), use the address provided by USCIS.
-For FedEx/UPS/DHL (courier services), use the address specific for courier services.
Visit the official Where to File I-485 page to determine the correct mailing address based on your location and case type.
7-Wait for USCIS Acknowledgment:
After submitting your application, USCIS will send you an I-797 Receipt Notice confirming they have received your form. This receipt includes a Receipt Number that you can use to track your case status online.

Filing Process

1-Complete Form I-485:
Fill out Form I-485 accurately and gather all necessary supporting documentation.
2-Submit the Form:
File online through your USCIS account or mail the application to the appropriate address.
3-Receipt Notice:
After USCIS receives your application, you will receive a receipt notice (Form I-797).
4-Biometrics Appointment:
USCIS will schedule a biometrics appointment to collect your fingerprints, photo, and signature for security screening. You will receive a notice with details.
5-Request for Evidence (RFE):
If USCIS requires more information or documentation, they will send a Request for Evidence (RFE). Respond promptly.
6-Interview:
In many cases, USCIS will schedule an interview to further verify your eligibility. This is a common step, especially for family-based applicants.
7-Approval and Green Card Issuance:
If USCIS approves your application, you will receive your Green Card (Permanent Resident Card). This process may take several months after approval.

The processing time for Form I-485 can vary depending on your case and the service center handling your petition. Generally, the processing time is between 8 to 14 months. You can check the current processing times on the USCIS website.