1. What is the priority date for filing an I-485?

The priority date for filing an I-485 is the date the underlying family-based or employment-based visa petition was properly filed with U.S. Citizenship and Immigration Services (USCIS).

2. What documents are required to file an I-485?

The documents required to file an I-485 are:

1. Form I-485, Application to Register Permanent Residence or Adjust Status
2. Two passport-style photographs
3. Copy of birth certificate
4. Copy of valid passport
5. Evidence of current nonimmigrant status and/or other related documents
6. Copy of approved immigrant petition, if applicable
7. Other documents as needed, such as police certificates, medical records, military records, etc.

3. How long does it take to process an I-485 application?

Typically, it takes the U.S. Citizenship and Immigration Services (USCIS) between 6 and 12 months to process an I-485 application. Depending on the individual circumstances, processing times can vary significantly.

4. Can I work after filing the I-485?

Yes, after filing Form I-485, you may apply for an Employment Authorization Document (EAD) to work in the U.S. The EAD allows you to remain in the U.S. and work without any restrictions.

5. What are the eligibility requirements for filing an I-485?

To be eligible for an I-485, applicants must meet several eligibility requirements. These include:

1. Having an approved immigrant visa petition, such as Form I-130 or Form I-140.

2. Having an immigrant visa number available based on the approved petition and a priority date that is current for processing.

3. Being physically present in the United States and able to apply for adjustment of status.

4. Being admissible to the United States for lawful permanent residence.

5. Meeting all requirements for the immigrant category sought after adjustment of status.

6. How much does it cost to file an I-485?

The fee for Form I-485 is $1,130.

7. What forms do I need to submit with my I-485 application?

The forms you need to submit with your I-485 application include: Form I-485 Application to Register Permanent Residence or Adjust Status, Form I-765 Application for Employment Authorization, Form I-131 Application for Travel Document, Form I-864 Affidavit of Support, and Form G-325A Biographic Information. You may also need to submit additional forms depending on your unique circumstances.

8. What are the different types of adjustment of status categories?

The different types of adjustment of status categories are:

1. Family-Sponsored Adjustment of Status: This category includes individuals who have been sponsored by a family member, such as a spouse, parent, sibling, or child.

2. Employment-Based Adjustment of Status: This category is available for individuals who have an offer of permanent employment from a U.S. employer.

3. Special Immigrant Adjustment of Status: This category is for certain special immigrants who meet the eligibility requirements.

4. Asylee/Refugee Adjustment of Status: This category is available to asylees and refugees who are already present in the United States and meet certain requirements.

5. VAWA Self-Petitioner Adjustment of Status: This category is available to victims of domestic violence and other qualifying crimes who have self-petitioned for relief.

6. Cuban/Haitian Entrant Adjustment of Status: This category is available to Cuban and Haitian entrants who were paroled into the United States and meet certain requirements.

7. Registry Adjustment of Status: This category is available to individuals who have continuously resided in the United States since before 1972 and are otherwise eligible for United States lawful permanent resident status.

9. Are dependents eligible to file an I-485 application with me?

Yes. Your dependents (spouse and/or children under the age of 21) are eligible to file an I-485 application with you. Once you have filed your I-485, they can file their own I-485 applications. Each dependent must submit their own I-485 application, even if they are filing at the same time.

10. Can I still travel outside the US while my I-485 is pending?

Yes, you can still travel outside the US while your I-485 is pending, but you will need to have a valid visa and/or Advance Parole document to re-enter the US. If you do not have either of these documents, you will be unable to return to the US until your I-485 is approved.

11. When should I expect a decision on my I-485 application?

You should expect a decision on your I-485 application within 6-8 months after filing. However, processing times vary depending on the current backlog and the USCIS office processing your application. You can check the current processing times on the USCIS website.

12. When can I adjust status after filing an I-485?

It typically takes anywhere from 6 to 12 months for an adjustment of status application to be processed. However, depending on the particular case and USCIS processing times, it could take longer.

13. Are biometrics required for filing an I-485 application?

No, biometrics (which include finger scans and a photograph) are not required for filing an I-485 application. However, USCIS will notify applicants of the time and place to take biometrics if it is needed for their case.

14. Can my priority date become current while my I-485 application is pending?

Yes, it is possible for your priority date to become current while your I-485 application is pending. However, it depends on the situation and changes to the U.S. Department of State’s Visa Bulletin.

15. What happens if my priority date is not current when filing my I-485 application?

If your priority date is not current when you file your I-485 application, it will remain pending until the priority date becomes current. USCIS will not make a decision on the application until that time.

16. What is a preference category and what is the priority date cut off for each one?

A preference category is a category of immigrants used to determine the order in which applicants can obtain a green card. The priority date cut-off for each preference category is the date by which the U.S. government has determined that all applicants must have applied for their green card in order to be considered for a visa. The priority date cut-off is determined by the number of applications received by the U.S. government in each category, and it is adjusted periodically according to demand.

17. Will my application be denied if my priority date is not current?

No, your application will not be denied if your priority date is not current. The priority date will determine when your application can be processed.

18. What is the expected processing time of a pending I-485 application?

Processing times for I-485 applications vary depending on the particular application and the Service Center processing the case. Generally, I-485 applications can take anywhere from 6 to 12 months to be processed.

19. Is an interview required for an I-485 application?

Yes, an interview may be required for an I-485 application. The U.S. Citizenship and Immigration Services (USCIS) will determine whether an applicant needs to attend an interview based on the case-by-case circumstances.

20. Are there any special instructions when filing an I-485 based on a family petition or employment petition?

Yes, when filing an I-485 based on a family petition or employment petition, you must include proof of your relationship to the petitioner and evidence to support the underlying visa petition. You must also submit copies of any relevant documentation such as your birth certificate, marriage certificate, or divorce decree, and you must submit valid passport photos. Additionally, you may need to submit additional documents depending on your individual circumstances.