Form I-485
Form I-485 is the “Application to Register Permanent Residence or Adjust Status.” It’s a crucial form used by individuals who are already in the United States and wish to obtain a green card (lawful permanent resident status).This process is known as “adjustment of status.”
Here's a breakdown of who might use this form:
Family-based green card applicants: If you’re married to a U.S. citizen or have a close family member who is a U.S. citizen or lawful permanent resident, you might use Form I-485 to adjust your status.
Employment-based green card applicants: If you have a job offer from a U.S. employer and have obtained an approved immigrant visa petition (Form I-140), you can use Form I-485 to adjust your status.
- Certain refugees and asylees: In some cases, refugees and asylees can use Form I-485 to apply for permanent residency.
Key advantages of adjusting status:
Remain in the U.S.: Unlike consular processing, where you might need to leave the U.S. to obtain a green card, adjustment of status allows you to stay in the country while your application is being processed.
- Potential for work authorization and travel: Once you file Form I-485, you might be eligible for work authorization and travel documents, depending on your specific circumstances.
Important considerations:
Eligibility: You must meet specific eligibility criteria, including having a valid immigration status and being eligible for a green card through a family or employment-based petition.
Required documentation: You’ll need to submit various documents, such as your passport, birth certificate, photos, medical examination results, and supporting evidence for your green card eligibility.
- Processing times: Processing times for Form I-485 can vary significantly, so it’s important to be patient and follow up with USCIS as needed.
Frequently Asked Questions
Form I-485, also known as the "Application to Register Permanent Residence or Adjust Status," is a crucial form for individuals seeking to obtain a green card (lawful permanent resident status) while already in the United States. It's used for adjusting one's immigration status from a non-immigrant visa to a permanent resident.
Form I-485 can be used by individuals in the following categories:
Family-based green card applicants: Those married to a U.S. citizen or have close family members who are U.S. citizens or lawful permanent residents.
Employment-based green card applicants: Individuals with a job offer from a U.S. employer and an approved immigrant visa petition (Form I-140).
- Certain refugees and asylees: In specific circumstances, refugees and asylees can use Form I-485.
Remain in the U.S.: Unlike consular processing, where you might need to leave the U.S., adjustment of status allows you to stay in the country during the application process.
- Potential for work authorization and travel: You might be eligible for work authorization and travel documents while your application is pending.
Eligibility: You must meet specific eligibility criteria, including having a valid immigration status and being eligible for a green card through a family or employment-based petition.
Required documentation: You'll need to submit various documents, such as your passport, birth certificate, photos, medical examination results, and supporting evidence.
- Processing times: Processing times can vary, so patience and following up with USCIS are crucial.
For detailed information and personalized guidance, it's highly recommended to consult with an immigration attorney. They can help you determine your eligibility, prepare your application, and navigate the complex immigration process.