Form I-485: Your Bridge to a New Beginning as a Permanent Resident

What is an Adjustment of Status?

Adjustment of Status (AOS) is a process within the United States immigration system that allows certain non-immigrants who are already in the U.S. to apply for lawful permanent resident status, commonly known as a “green card,” without having to leave the country. In other words, it allows individuals to transition from a temporary visa status to permanent resident status while remaining in the United States.

The primary purpose of adjustment of status is to provide a way for eligible individuals to obtain permanent residency without having to return to their home country and go through consular processing. Consular processing involves applying for an immigrant visa at a U.S. consulate or embassy in their home country, and it can be a lengthier and more complex process.

To be eligible for adjustment of status, an individual usually needs to meet certain criteria, such as having an immediate family member who is a U.S. citizen or permanent resident, being the beneficiary of an employment-based immigrant petition, or being granted asylum or refugee status. Each category has specific requirements and documentation that must be submitted along with the Adjustment of Status application (Form I-485).

The process typically involves submitting Form I-485, along with supporting documents and fees, to U.S. Citizenship and Immigration Services (USCIS). After the application is filed and processed, the applicant may be required to attend an in-person interview with USCIS to determine their eligibility and suitability for permanent residency. If the application is approved, the individual will receive a green card, granting them the legal right to live and work in the United States as a permanent resident.

It’s important to note that the eligibility criteria and application procedures for Adjustment of Status can vary depending on the specific immigrant category and individual circumstances. Therefore, individuals seeking to adjust their status should carefully review the requirements and consult with immigration attorneys or legal experts to ensure they understand the process and meet the necessary criteria.

How to prepare Form I-485 application?

Preparing Form I-485, Application to Register Permanent Residence or Adjust Status, involves several steps to ensure accurate and complete submission. Here’s a general outline of the process:

• Determine Eligibility: Make sure you meet the eligibility criteria for Adjustment of Status based on your specific immigrant category (family-based, employment-based, refugee/asylee, etc.).
• Gather Required Documents: Collect all the necessary supporting documents to accompany your Form I-485. These documents can include:

• Identity and civil documents (passport, birth certificate, marriage certificate, etc.).
• Photographs that meet USCIS specifications.
• Form I-693, Report of Medical Examination and Vaccination Record, completed by a designated civil surgeon.
• Evidence of eligibility (Form I-797 Approval Notice, employment-based petitions, family relationship documentation, etc.).
• Affidavit of Support (Form I-864) if required.
• Any required waivers or requests for exceptions.

• Complete Form I-485:

• Download and print the most recent version of Form I-485 from the USCIS website.
• Read the instructions carefully and complete the form accurately.
• Use black ink and write legibly. If using a typewriter or computer, make sure the print quality is clear.

• Pay the Required Fees: Include the appropriate filing fee(s) along with the application. USCIS fees can change, so check the USCIS website for the latest fee information.
• Package Your Application:

• Organize your application and supporting documents in a neat and organized manner.
• Place your completed Form I-485 on top, followed by supporting documents in the order specified in the form instructions.
• Include a cover letter that lists the documents you’re submitting and explains any unusual circumstances.

• Photocopy Everything: Make photocopies of the entire application package for your records before sending it to USCIS.
• Mail Your Application:

• Check the USCIS website or the form instructions for the correct mailing address.
• Use a trackable and reliable mailing service.
• Consider using a mailing receipt or certified mail to confirm delivery.

• Await USCIS Notifications:

• USCIS will send you a receipt notice (Form I-797C) to acknowledge that they’ve received your application.
• You may receive appointment notices for biometrics (fingerprinting) and, if applicable, an interview.

• Attend Biometrics Appointment:

• Follow the instructions in the appointment notice to attend your biometrics appointment at a USCIS Application Support Center.

• Attend Interview (If Required):

• If an interview is required, carefully review any instructions provided by USCIS.
• Bring any requested documents and be prepared to answer questions about your application and background.

• Receive Decision: After the interview (if applicable), USCIS will make a decision on your application. You’ll receive a notice informing you of the decision.

It’s important to note that the Adjustment of Status process can be complex, and the requirements may vary based on your individual circumstances. Consider seeking assistance from an immigration attorney or accredited representative to ensure that your application is properly prepared and submitted. Additionally, be sure to regularly check the USCIS website for the latest form and process updates.

Form I-485 checklist of required documents

The specific required documents for Form I-485 can vary depending on your individual circumstances, immigrant category, and eligibility. However, here’s a general checklist of commonly required documents to help you get started. Be sure to review the USCIS instructions for Form I-485 and your specific eligibility category for any additional or updated requirements.

General Required Documents:

• Completed Form I-485, Application to Register Permanent Residence or Adjust Status.
• Filing fee payment, usually in the form of a check or money order made payable to the “U.S. Department of Homeland Security.” Check the latest fee information on the USCIS website.
• Passport-style photographs that meet USCIS specifications.

Identity and Civil Documents:

• Copy of your passport biographical page.
• Birth certificate (with certified English translation if not in English).
• Marriage certificate or divorce decree (if applicable).
• Police clearance certificates from your home country and any other country you’ve lived in (if required).

Form I-693, Report of Medical Examination and Vaccination Record:

• Completed Form I-693, if applicable. This form must be filled out by a designated civil surgeon after your medical examination.

Evidence of Eligibility:

• Copies of Form I-797 Approval Notices (if applicable), demonstrating your eligibility for adjustment of status based on a specific visa category or petition.

Affidavit of Support (Form I-864):

• If required, a completed Form I-864, Affidavit of Support, from the sponsor if you are applying based on a family-based immigrant category.
• Supporting financial documentation from the sponsor.

Evidence of Legal Entry and Status:

• Copies of your most recent I-94 Arrival/Departure Record.
• Copies of any previously issued U.S. visas.

Work Authorization and Advance Parole (If Applying):

• If you’re applying for work authorization (Form I-765) and/or advance parole (Form I-131), include the appropriate forms and supporting documents.

Other Documentation:

• Any other documents specifically required by your immigrant category (e.g., employment-based documents, evidence of relationship for family-based categories).

Copies and Organization:

• Make photocopies of all documents for your records.
• Organize your documents neatly in the order specified in the Form I-485 instructions.
• Include a cover letter that lists the documents you’re submitting and explains any unusual circumstances.

Remember that this checklist is a general guide, and you should always refer to the most current USCIS instructions and guidelines for Form I-485 specific to your eligibility category. It’s also a good idea to consult with an immigration attorney or accredited representative to ensure you’re providing the correct and complete documentation for your application.