Permanent Residence or Adjust Status, popularly known as Form I-485, is an important form for those seeking a Green Card while in the United States of America. It is part of the process that allows qualified applicants to adjust their immigration status to that of a lawful permanent resident. This article will go into great detail about what Form I-485 is, how to fill it out, when to use it, and how long on average it takes to get a Green Card after submitting it.
What is Form I-485?
Form I-485 is primarily utilized by aliens already in the United States who want to apply for permanent residency. The Application Form I-485 provides the opportunity for an adjustment of status that will help the applicant in his or her intention of having a permanent residence visa instead of being on a temporary one.
Eligibility for filing
In order for Form I-485 to be filed, one must adhere to a certain criteria regarding eligibility:
- Presence in the U.S.: An alien applicant must be present within the United States.
- Lawful entry: The applicant should have been admitted through a valid visa or some other form of legal entry into the United States.
- Immigrant visa availability: There has to be an immigrant visa currently available for the applicant in that particular category: family-based, employment-based, or under one of the special immigrant categories.
The form can be used by various groups including family members of U.S. citizens or lawful permanent residents, employment-based applicants, refugees, and special immigrant categories.
Instructions for filling out Form I-485
Form I-485 requires careful attention to detail while filling out and some specific instructions:
- Download the form: Download the most recent version of Form I-485 from the USCIS website.
- Personal information: Fill in the name, address, date of birth, and other identifying information accurately.
- Eligibility category: Check the appropriate category on which you are basing your application for adjustment (e.g., family relationship, employment).
- Supporting documents: Attach the necessary supporting documents such as proof of identity (passport), proof of lawful entry (I-94 form), medical examination results (Form I-693), and any required affidavits of support (Form I-864).
- Filing fee: As of 2024, the filing fee for Form I-485 is generally $1,440, with reduced fees available for certain applicants under specific conditions.
- Mailing your application: Send your completed application package to the appropriate USCIS service center based on your location and eligibility category.
When to use Form I-485
Form I-485 should be used when individuals are eligible for adjustment of status while physically present in the U.S. Common scenarios include:
- Family-based applications: If you are an immediate relative of a U.S. citizen or lawful permanent resident.
- Employment-based applications: If you have a job offer from a U.S. employer who has filed an immigrant petition on your behalf.
- Refugees and asylees: Individuals granted refugee or asylum status can apply after one year of being in the U.S.
Processing time of Green Card after filing Form I-485
The Form I-485 processing time can be quite different for different applicants, depending on the workload of a USCIS office and particular case circumstances. Generally, applicants can expect the following:
- Initial receipt notice: About 2 to 4 weeks after filing, you will receive a notice confirming receipt of your application.
- Adjustment of status interview: Usually scheduled about 8 to 14 months after filing. Most family-based applicants will be required to attend an interview.
- Total processing time: The overall processing time could be anywhere between 10 and 20 months, depending on several factors such as the country of origin and current USCIS backlogs.
It should be considered that premium processing is not available for Form I-485 applications; thus, it requires patience on the part of an applicant in this process.
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