The Complete Guide to USCIS Form I-485

What is Form I-485?

Form I-485, also known as the "Application to Register Permanent Residence or Adjust Status," is a form you fill out if you are already in the United States and want to apply for lawful permanent resident status, commonly referred to as getting a ‘Green Card’. This process is known as "adjustment of status".

This form is used when you want to adjust your status from a nonimmigrant or another legal status to a permanent resident without having to leave the United States to undergo consular processing in your home country.

Who is Eligible for I-485?

Family-Based:

• People who are immediate relatives of U.S. citizens, including spouses, unmarried children under the age of 21, and parents of adult U.S. citizens.
• Other family members of U.S. citizens and some family members of lawful permanent residents (such as spouses and unmarried children).

Employment-Based:

• People who have received a job offer from a U.S. employer, and the employer has obtained a labour certification and filed an approved immigrant petition.
  
  Others
• Refugees who have lawfully been in the U.S. for up to one year.
• Asylees who have had their asylee status for up to one year.
• Certain immigrants who fall under special categories, such as battered spouses or children, special immigrant juveniles, and certain broadcasters, among others.
• Diversity Lottery winners who were admitted to the United States.
• People who have been present in the United States since before January 1, 1972.

Who Cannot File Form I-485?

• People who enter the United States without inspection and authorisation by an immigration officer.
   
• People who have overstayed their visa period or have violated the terms of their visa may be ineligible, unless they qualify for an exception, such as immediate relatives of U.S. citizens.
   
• People who failed to maintain their previously granted lawful status while in the U.S. 
   
• People who have worked in the United States without proper authorisation prior to filing Form I-485.
   
• People who have certain medical conditions, particularly those that pose a public health.
   
• People with criminal convictions and security-related concerns, such as terrorism or espionage.
   
• People who have previously been ordered removed or deported from the United States, or who have unlawfully returned after a removal.

What Supporting Documents do I Need to Submit With the I-485 Form?

For Immediate Relatives:

• Two passport-style photographs.
• Government-issued identity document with a photograph.
• Birth certificate (or acceptable alternative evidence if unavailable).
• Documentation of inspection and admission or inspection and parole (unless exempt under specific provisions like INA 245(i)).
• Documentation of immigrant category (e.g., Form I-797 for Form I-130)
• Form I-864, Affidavit of Support (if required)
• Criminal records and court dispositions (if applicable)
• Forms I-601, and I-212 (if applicable)
• Documentation regarding J-1 and J-2 status and Form I-508 (if applicable)
• Form I-566 (only if you have A, G, or NATO nonimmigrant status).
• Form I-485 Supplement A (if applicable).

For Employment-Based Form I-485 Applicants

Principal Applicants:

• Everything listed for immediate relatives.
• Proof of continuous lawful status since arriving in the United States, or evidence that you are exempt under 245(k) from the INA 245(c)(2), (7) and (8) bars.
• Confirmation of job offer (on Form I-485 Supplement J, if applicable).
• A signed statement confirming intent to work in the specified occupational field (if you are a self-petitioner).

Spouse or unmarried child under 21 years of age of a family-based principal applicant:

• Proof you have continuously maintained a lawful status since arriving in the United States;
   
• A copy of documentation showing your relationship to the principal applicant, such as a marriage certificate, birth certificate, or adoption decree. If your marriage certificate is unavailable or does not exist, submit other acceptable evidence such as church records and proof of unavailability or nonexistence;
   
• A copy of the Form I-797, Approval or Receipt Notice, for the principal applicant’s Form I-130 (unless you are filing your Form I-485 together with the principal applicant’s Form I-485); and
   
• A copy of the Form I-797, Approval or Receipt Notice, for the principal applicant’s Form I-485 or a copy of the principal applicant’s Green Card (if not filed together with the principal applicant’s Form I-485).

For Employment-Based Applicants

Principal Applicants:

• Documentation of continuous lawful status (or exemption under INA 245(k))
• Confirmation of job offer (Form I-485 Supplement J, if applicable)
• Statement of intent to work in the specified occupational field (for self-petitioners)
• Required waivers and additional forms similar to those listed for family-based applicants.

Derivative Applicants:

• All items listed above for principal applicants.
• Proof of relationship to the principal applicant (marriage certificate, birth certificate).
• Documentation indicating termination of previous marriages (if applicable).
• Documentation of the principal applicant’s immigrant status.

For Special Immigrant Juveniles

• Two passport-style photographs.
• A copy of a government-issued photo identity document (if available).
• A copy of your birth certificate.
• Documentation of your immigrant category (concurrently filed, pending, or approved Form I-360).
• Disposition on criminal charges, arrests, or convictions, if available. If not available, please see the form instructions for further guidance.
• Form I-601, Waiver of Inadmissibility (if applicable).
• Documentation regarding J-1 and J-2 exchange visitor status (if applicable).
• Form I-508, Waiver of Diplomatic Rights, Privileges, Exemptions, and Immunities (if applicable).

Any non-English document must be accompanied by a certified English translation. Always provide the original documents, the certified translation of the original document and an statment of translation accuracy from the translator that confirms the credibility of the translation. 

How to Translate Supporting Documents for I-485?

To get a certified translation for your supporting documents for I-485, follow these steps: 

1. Visit the Translayte website.
2. Click on “Order Certified Translation”.
3. Select “Certified Translation”, select the target and source language and your preferred turnover time.
4. Upload the document you want to translate. Ensure the file has been named correctly.
5. Select either the Standard, Specialist or Professional translation services, based on your needs and budget.
6. Specify any other specifications you prefer for your document.
7. Place your order and wait for your translation.  Your translation will be delivered to you either by email or by post on or before the stipulated time.

At Translayte, we provide dependable and accurate English translations for your USCIS Form I-485, helping you secure your Green Card swiftly and efficiently. We have a team of experienced translators who are experts in their respective fields to provide USCIS-certified translations. You don’t have to worry about getting your English translations on time because we prioritise efficiency and strive to deliver your translated documents in as little as 12 hours.  Your satisfaction is our top priority so we provide personalised services, clear communication, and 24/7 support throughout the translation process.

Trust Translayte for all your USCIS-certified translation needs and experience unmatched quality and reliability.

How Do I Fill Out The I-485 Form?

1. Download the most recent version of Form I-485 from the USCIS website.
2. Read the instructions carefully to understand each section's requirements and how to answer correctly.
3. Complete All Sections of the Form.
4. Sign and date the form where required. An unsigned form will be rejected.
5. Attach all required supporting documents we mentioned above.
6. File the form according to the instructions, which include the mailing address and the required filing fee. The fee can be paid via check, money order, or by completing Form G-1450 for credit card transactions.

Things to Note:

• Use black ink to type or print legibly.
   
• If extra space is needed, use Part 14, "Additional Information", or attach a separate sheet. Write your name, Alien Registration Number (A-Number, if applicable), page number, part number, and item number that the answer refers to. Sign and date each sheet.
   
• Answer all questions accurately. If a question does not apply to you, write "N/A" (not applicable). For questions requiring a numeric answer where the answer is zero, write "None".
   
• Indicate whether you completed the form yourself or used an interpreter. If someone interpreted or helped prepare the application, they must also sign and provide their contact information. If a legal representative assisted, ensure they submit Form G-28 along with your application.

After you file your I-485 form, USCIS will send you a notice (Form I-797C, Notice of Action) specifying the date, time, and location of your biometric services appointment. 

What Is The Biometric Services Appointment For The I-485 Form?

The Biometric Services appointment is a required part of the application process for Form I-485. This appointment is set up by the USCIS after you have filed your I-485 form. The main purposes of the biometric services appointment are:

1. To confirm your identity and ensure that the application corresponds to the correct person.
    
2. To conduct security and background checks. This includes checking criminal records and other national security databases.
    
3. The collected biometrics can be used for future identification, such as during interviews or at the border.

What Happens at the Biometrics Appointment

• Your fingerprints will be electronically scanned.
• You will have your photograph taken.
• You will be required to provide a digital signature.
  
  Once your biometrics are collected, they will be used to check your background against multiple databases managed by national security and law enforcement agencies. If there are no issues with your background checks and everything else in your application is in order, USCIS will continue to process your I-485 application towards adjusting your status to a lawful permanent resident.

If you cannot attend the scheduled appointment, you can request a rescheduling by following the instructions on the appointment notice. It is important to handle this promptly as failing to attend your appointment without notifying USCIS could delay your application or lead to a denial.

How Much Is The Filing Fee For I-485

How Do I Submit The I-485 Form?

1. Find out the Correct Filing Address:  The correct address for your I-485 submission depends on the eligibility category under which you are applying and your geographic location. USCIS provides detailed filing addresses on their website based on these criteria. Check the website to find out where to send your application.
    
2. Mail Your Application: Send your application package to the appropriate USCIS address using a reliable mail carrier. Consider using a method that allows you to track your package to confirm delivery, such as USPS Certified Mail or another courier service like UPS or FedEx.
    
3. Wait for Receipt Notice: After your application is received, USCIS will send you a receipt notice (Form I-797C, Notice of Action). This notice confirms that they have received your application and provides a receipt number that you can use to track the status of your case online.

How Long Does It Take To Process I 485?

• Family-Based Applications: 8 to 14 months to process.
• Employment-Based Applications: 8 to 14 months.
• Refugee/Asylee Adjustments: 6 to 12 months.
• Special Categories: Applications like those under the Violence Against Women Act (VAWA), special immigrant juveniles, or certain humanitarian programs may have different processing times.

Note that there is no premium processing option for Form I-485.

What is the I-485 Application Process?

1. Gather the Needed Documentation: Go through the list we provided earlier and put together all the documents you will need for your application.
    
2. Complete Form I-485: Fill out Form I-485 accurately and thoroughly. This form requires detailed information about your background, immigration history, and your presence in the United States.
    
3. File the Form: Submit the completed Form I-485 package to the correct USCIS filing location along with the required filing fees. This submission should include all supporting documents.
    
4. Attend The Biometrics Appointment: After filing, you will receive a notice to attend a biometrics appointment where your fingerprints, photograph, and signature will be taken for identity verification and background checks.
    
5. Respond to Requests for Additional Information: USCIS will send you a request for evidence (RFE) if additional information or documents are needed to process your application.
    
6. Attend the Interview: Not all I-485 applications require an interview, but if yours does, you will be notified to appear at a USCIS office. During the interview, a USCIS officer will ask questions to verify the information provided in your application and assess your eligibility for a Green Card.
    
7. Wait for a Decision: After the interview and completion of all checks, USCIS will make a decision on your application. You will receive a written notice of the decision. If approved, you will receive your Green Card in the mail.

What Happens If I-485 Is Denied?

USCIS will provide a notice explaining why your I-485 was denied. Make sure to read through carefully and understand everything to know the next steps to take.  A denied I-485 does not automatically result in immediate removal or deportation. However, if you do not have a legal status independent of the I-485 application, you could become deportable. For instance, if you were on a temporary visa that expired during the adjustment of status process, you might now be accruing unlawful presence in the U.S.

You can file a Motion to Reopen or a Motion to Reconsider with USCIS. You can do this if you believe there was an error in the decision or if you have new evidence that was not considered. These motions must be filed within 30 days of the decision (or 33 days if the decision was mailed).

Some denial decisions can be appealed to the Administrative Appeals Office (AAO). The denial notice will inform you if your case is eligible for appeal and the process for filing an appeal. Like motions, appeals have a strict deadline, 30 days from the decision date. If your situation changes or if you can address the reasons for denial, you can reapply for adjustment of status by submitting a new I-485 application. Address any factors that led to the original denial to increase the likelihood of approval on the new application.

If your I-485 is denied and you want to stay in the U.S., you can apply for a change of status to another visa category, if you are eligible. If staying in the U.S. is not feasible or if you are at risk of deportation, you should plan to leave the U.S. Make sure to keep a copy of all correspondence with USCIS, including your denial notice. This information is important for any appeals, future applications, or legal consultations.

What Happens After I-485 Is Approved?

After your I-485 application has been approved, you will receive an approval notice from USCIS stating that your application for permanent residency has been approved. This notice serves as an official confirmation of your new status. Shortly after the approval, you will receive your Permanent Resident Card (or Green Card) in the mail. The Green Card will arrive within a few weeks of the approval notice.

If you do not have a Social Security Number (SSN), you will need to apply for one at a Social Security office. If you already have an SSN, your status will be updated to reflect your new, permanent resident status. This is important for employment, tax purposes, and access to some government services.

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