In a Nutshell
Form I-485 is an essential document to submit for the green card application process. Its official name is the Adjustment of Status Application. You can submit Form I-485 if you are eligible for a green card and entered the United States on a valid nonimmigrant visa. Filing Form I-485 allows you to register lawful permanent residence. In this article, we explain how Form I-485 factors in the green card application process, who can use the form, and who is not qualified to. You will learn what the Form I-485 filing fees are, how long the processing timeframe is for Form I-485, and the required documents to submit with the form.
Written by Jonathan Petts.
Written May 25, 2022
What Is Form I-485?
Form I-485's official name is the Adjustment of Status Application. It is the official green card application. Certain immigrants who are in the United States, including special immigrants likeasylees, can submit anadjustment of status application to change their immigration status to a green card.
To adjust status, you’ll have to be in the United States and submitForm I-485. If you are in the United States, you can submitForm I-130andForm I-485at the same time. U.S. Citizenship and Immigration Services (USCIS) refers to this process as “concurrent filing."
Green card applicants who aren’t present in the United States can fileForm I-485from their home country through the “consular process.” You’ll need to work with your local U.S. embassy or consulate to apply from outside the United States. The Department of Homeland Security (DHS) has a directory of U.S. embassies and consulates around the world.
Who Can File Form I-485?
According to the Immigration and Nationality Act (INA), only certain immigrants qualify to change their nonimmigrant status and register permanent residence with Form I-485. To apply for a green card, you must be eligible. USCIS’sgreen card eligibility categoriescan be family-based, humanitarian, or employment-based.
To apply for a family-based green card, you must be the immediate relative of an American citizen or a lawful permanent resident. This means you must either be thespouse,parent, orchildof a citizen or green card holder. You also have to be in the United States and have entered the United States based on a valid nonimmigrant visa.Refugees and asyleescan adjust their status to a humanitarian green card after living in the United States for a year. Foreigners employed by some U.S. employers can file Form I-485 to get anemployment-based green card.
Who Cannot File Form I-485?
Not everyone can file Form I-485 though. Immigrants who are family members of U.S. citizens but not present in the United States cannot file Form I-485. Additionally, according to U.S. Citizenship and Immigration Services, you cannot file an I-485 if any of the following are true:
You came into the United States as a crewman.
You came into the United States while in transit to another country.
You entered the United States as a witness or informant.
You are in removal proceedings due to terrorism.
There are also “inadmissibility” grounds that may prevent you from filing form I-485. Disqualifying categories include the following:
Health-related conditions (you have a mental health condition or a disqualifying communicable disease)
Criminal record (a court convicted you of particular crimes)
Security grounds (you pose a threat to the national security of the United States)
Immigration law violations (you’ve previously violated U.S. immigration laws)
Other grounds (such as entering the United States to practice polygamy, child abduction, and to vote unlawfully)
Waiversmay be available to resolve some of the above grounds. These waivers depend on the relationship between the petitioner and the applicant. The category of green card also plays a role. If you’re considering filing a waiver, you shouldtalk to a lawyerto help you do it.
How Much Does Form I-485 Cost?
If you qualify to fileForm I-485, you’ll need to gather supporting documents and pay a government filing fee when you submit the form. It costs $1,225 to file Form I-485 to USCIS. This amount includes abiometricsprocessing fee. You can pay thefiling feeswith a money order, personal check, or cashier’s check.
Filing feescan vary based on your age and situation.Refugeesdon’t have to pay the filing fee for Form I-485. Also, applicants under 14 who are filing with the I-485 application of at least one parent, have to pay a lower filing fee. Check out thefiling fees based on your categoryon the USCIS website.
What Supporting Documents Do I Need To File With Form I-485?
To prove that you are eligible for a green card, you need to back up Form I-485 withsupporting documents. These should include:
Proof that the applicant had a valid visa upon arrival to the United States. A copy of this visa and the I-94 travel record should be attached as evidence.
Proof of the applicant’s nationality (copy of a birth certificate and foreign passport).
Proof of the sponsor’s financial ability to support the applicant (copy of the petitioner’s recent federal income tax returns and pay stubs filed with an Affidavit of Support).
Proof that there was no conviction, if the applicant seeking a green card has ever been arrested (certified copy of the court record).
Immigration medical examination results. You can find a USCIS-approved doctor in your area by using the find a doctor tool.
Your supporting documents aim to fulfill two goals. First, they must prove that the sponsor has a valid U.S. permanent residency or U.S. citizen status. Second, they must prove that there is a bona fide relationship with the person sponsoring your green card application. Every supporting document you submit to U.S. Citizenship and Immigration Services must be in English. USCIS has specifictranslation requirements. Based on that, you must get acertified English translationof your immigration documents.
What if I Don't Have the Required Supporting Documents for Form I-485?
You can submit alternative documents if a required supporting document is not available. These alternative documents are officially called secondary evidence. For example, if you’ve lost your original birth certificate, you must submit a document that would replace a birth certificate.The U.S. government accepts specific secondary evidence. You can find additional information about it onthe State Department website.
You can get an official letter from your country stating that the original needed document is not available. Such documents might include school records or census records showing your date of birth, place of birth, and parents’ names.
If none of the above alternative documents are available, you can submit written statements from at least two people who were alive when you were born.
Where Do I Submit Form I-485?
Once you’ve completed all of your forms, collected the supporting documents, and prepared the filing fees, you should assemble everything in one packet tosubmit to USCIS. It’s preferable to make copies of all documents you are submitting. Never submit originals to USCIS because you may not get them back.
You can fileForm I-485either online or by mail. To submit your form online, you should create aMyUSCIS accounton the U.S. Citizenship and Immigration Service website. You can then receive all updates on your application through youralien registration number (a-number).
If you will mail them to USCIS,the lockboxthat you use depends onwhere you liveand thepostal servicethat you use to submit the application.
How Long Does It Take for Form I-485 To Get Approved?
It can take a while for U.S. Citizenship and Immigration Services (USCIS) to process your Form I-485 application. Form I-485processing timesdiffer depending on whichadjustment categoryyou fall under. You should receive receipt notices in approximately six weeks. USCIS will set abiometrics appointmentat a local Application Support Center (ASC). That's where you submit your photo and fingerprints for a security check.
You can file an application for a travel document or advance parole (Form I-131) and an application for employment authorization (Form I-765) with the I-485. You should receive yourEmployment Authorization Document (EAD)andTravel Documentin six to eight months.
USCIS should decide on your green card application in 12-18 months if your priority date becomes current. If USCIS approved your immigrant petition, you will receive your green card in the mail 30 days after an approval notice. When USCIS issues agreen card interviewnotice, you must appear for the interview at a local USCIS office. There, the interviewing officer will make a decision on your green card application.
The National Visa Center (NVC) is part of the U.S. Department of State. It stores U.S. immigrant visa petitions approved by the USCIS until an immigrant visa number becomes available for the petition. EitherUSCIS, the NVC, or both will handle your case. The type of application you are submitting and the pandemic might affect yourapplication's processing time.
