I-485, Application to Register Permanent Residence or Adjust Status is filed with the U.S. Citizenship and Immigration Services (USCIS) by an individual who is in the United States and wants to register for permanent residence or adjust to permanent resident status. Certain Cuban citizens or nationals can use this form to make a request to change the date their permanent residence began.
There are several categories of persons who can file Form I-485:
- Beneficiary of an immigrant petition
- Derivative of a principal beneficiary of an immigrant petition
- K-1 fiance(e) who subsequently married the U.S. citizen sponsor
- An asylee
- A refugee
- Cuban citizen or national
- An individual applying to change date on which his or her permanent residency began
- An individual who has been in continuous residence since before January 1, 1972
- Certain persons meeting other basis of eligibility
The adjustment of status application is used by persons who are already in the United States. If the applicant is being sponsored for a green card by a relative, he or she may file Form I-485 along with the I-130, Petition for Alien Relative that is being filed by the sponsor.
Filing the Form
Form I-485, Application to Register Permanent Residence or Adjust Status has to filed along with the appropriate fees and supporting documents. The filing location will depend on the category under which it is being filed. Based on their eligibility category, individuals can request notification from the USCIS through an e-mail and/or text message saying that their application has been accepted. To make this request, applicants have to attach a completed Form G-1145, E-Notification of Application/Petition Acceptance to their applications.
Filing Fees
The fees to be sent along with the adjustment of status application is $985, which is the submission fees. Additional fees of $85 is required as biometrics fees. Persons who are 79 years older and children below 14 years, who are filing the form independently need not send biometric fees. Children who are filing their application along with that of their parent under section 201(b)(A)(i), 203(a)(2)(A), and 203)(d) of the INA have to pay only $635. Persons filing as refugees under section 209(d) do not have to pay any fees.
Processing of the Applications
Applications that are incomplete, not signed, or not accompanied by the appropriate fees will be returned to the applicants. Such applicants can resend their applications after completing it, signing it, or adding the appropriate fees. The application is accepted for processing when all the information has been provided.
The USCIS may request further evidence, more information or ask the applicant to appear for an interview. Sometimes applicants may also be asked to provide the originals of certain documents. Persons asked to appear for an interview will have to take their I-94, Arrival/Departure Cards and their passports or travel documents with them.
Once the USCIS has made a decision on a case the applicant will be informed. Male applicants between the ages of 18 and 26 are required to register for Selective Services so when the USCIS accepts their applicants they will forward the applicant’s information to the Selective Service System. Persons whose applications were not accepted may still be required to register.
Not everyone who has filed Form I-485 can travel outside of the United States while their applications are pending. Persons in certain categories may have their applications rejected. Others may be deported and banned from entering the U.S. for periods from three to ten years. Applicants from certain other categories may travel abroad temporarily with prior approval from the USCIS.