1. What is the I-485 Application to Register Permanent Residence or Adjust Status process?

The I-485 Application to Register Permanent Residence or Adjust Status is a form that foreign nationals in the United States use to apply to become a lawful permanent resident (LPR). The form is used to adjust an individual’s status from that of a nonimmigrant, such as a student or tourist, to LPR status. In order to be eligible for adjustment of status, the individual must have an approved immigrant petition and must be physically present in the United States at the time of filing. Once approved, the individual will receive an Employment Authorization Document (EAD) and Permanent Resident Card (Green Card).

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

The eligibility requirements for filing an I-485 application are as follows:

1. You must be physically present in the United States.

2. You must be eligible for a visa number that is immediately available.

3. You must be eligible to adjust status under one of the categories listed in the Immigration and Nationality Act (INA).

4. You must have an approved immigrant petition, such as an I-130, filed on your behalf.

5. You must not be inadmissible to the U.S. under certain grounds listed in the INA.

6. You must have all the required documents, forms, and fees ready for filing with USCIS.

3. When should I file my I-485 application?

You should file your I-485 application when you are eligible to do so. Generally, you can file your I-485 application when you have an approved form I-140 immigrant petition or receive an immigration visa through a qualifying family-based or employment-based immigrant petition. It is important to note that you may also be eligible to file an I-485 application if you are the beneficiary of a visa already issued in another category, such as a refugee or asylee, and meet certain criteria.

4. How do I submit my I-485 application?

Your I-485 application must be submitted to the United States Citizenship and Immigration Services (USCIS). The application should be filed online or through mail. The instructions and forms needed can be found on the USCIS website.

5. What supporting documents are required for my I-485 application?

You will need to submit a variety of documents to support your I-485 application. These documents may include: proof of identity and nationality, proof of lawful entry to the U.S., proof of valid status in the U.S., photographs, any prior immigration forms, any court documents related to your immigration case, marriage or divorce certificates, birth certificates (if applicable), financial documents, employment documents, medical examination documents, and any other documents relevant to support your application.

6. Can I work in the US during the I-485 Application process?

Yes, you may work in the US during the I-485 Application process. However, you must first apply for either an Employment Authorization Document (EAD) or Advance Parole Document (AP). These documents will allow you to work legally in the US while your I-485 Application is pending.

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

The processing time for an I-485 application varies depending on the type of case and current backlogs. Generally, it can take anywhere from 6 months to 12 months or even longer to process an I-485 application.

8. What happens if my I-485 Application is denied?

If your I-485 application is denied, you will receive a written notice from USCIS stating the reasons for the denial. In most cases, you may be able to appeal the decision. However, you will need to consult an immigration attorney to determine if an appeal is available to you.

9. What happens after my I-485 Application is approved?

After your I-485 application is approved, you will receive a permanent resident card (Green Card). You can use your Green Card to work and travel in the United States. You will also have access to certain government benefits and programs.

10. What is the fee for filing an I-485 Application to Register Permanent Residence or Adjust Status?

The fee for filing an I-485 Application to Register Permanent Residence or Adjust Status is $1,140.

11. Are there any exceptions to the fee for filing an I-485 Application to Register Permanent Residence or Adjust Status?

Yes, there are several exceptions to the filing fee. These include applicants who are members of the U.S. Armed Forces, victims of human trafficking and certain other humanitarian-based exceptions. Applicants who are filing as an immediate relative of a U.S. citizen may also be eligible for a fee waiver. Additionally, certain applicants may qualify for a fee waiver based on economic hardship.

12. Are there any restrictions on travel while my I-485 Application is pending?

Yes, it is important to get a valid travel document before traveling abroad. If a person is traveling with an Advance Parole document, they must make sure that the document will be valid for the entire trip. If the documents expire while they are abroad, they may be prevented from returning to the United States. It is important to check with the U.S. Citizenship and Immigration Services of the Department of Homeland Security for specific travel restrictions associated with pending I-485 applications.

13. Can I extend my stay in the US while my I-485 Application is pending?

Yes, you can extend your stay in the US while your I-485 application is pending. For more information, you should consult with an experienced immigration attorney.

14. Can I add my spouse and/or children to my I-485 Application?

Yes, you can add your spouse and/or children to your I-485 application. Your spouse and/or children must be listed in the same Form I-485 as you, and must also be eligible for an immigrant visa.

15. Can I appeal a decision on my I-485 Application?

Yes, you can appeal a decision on your I-485 Application. You must first file a Motion to Reopen or Reconsider with the USCIS office that made the decision. If you are not satisfied with the result of that request, you may then file an appeal with the Administrative Appeals Office (AAO).

16. Are biometrics required with an I-485 Application to Register Permanent Residence or Adjust Status?

Yes, biometrics are required with an I-485 Application to Register Permanent Residence or Adjust Status. This includes providing fingerprints, a photograph, and a signature.

17. Are there any other forms that must be filed along with the I-485 Application?

Yes, you may need to file additional forms along with the I-485 application, such as Form I-765 (Application for Employment Authorization) and Form I-131 (Application for Travel Document). Additionally, supporting documents such as birth certificates, proof of any name changes, police certificates, medical examinations, financial information, and evidence of legal status may be required.

18. What should be done if there is a change in circumstances after filing the I-485 Application?

If there is a change in circumstances after filing the I-485 Application, the applicant should immediately contact the United States Citizenship and Immigration Services (USCIS) and provide details of the change. The USCIS will then review the change and determine if additional information or documents are needed.

19. Who can submit evidence in support of an I-485 Application to Register Permanent Residence or Adjust Status?

Any person or entity may submit evidence in support of an I-485 Application to Register Permanent Residence or Adjust Status. This evidence could include documents such as passport, birth and marriage certificates, and documents related to employment or other financial history. Additionally, family members of the applicant may also submit documentation to show the relationship between them.

20. Are there any special instructions for applicants who are under 14 or over 79 years of age when filing an I-485 Application?

No, there are no special instructions for applicants who are under 14 or over 79 years of age when filing an I-485 Application. All applicants must follow the same procedures and provide the same documentation as others. Applicants under 14 or over 79 should include a copy of their birth certificate or other appropriate documentation to prove their age.