What is the I-485 application?

After approval of I-526 petition, by filing the I-485 form, the immigrant investor can adjust their residential status and apply to become the conditional permanent resident. This form is used to apply for the Green card within U.S. which seeks permission to live and work in the Country.

Who’s eligible to file the form?

The form I-485 has set eligibility criteria, which needs to be fulfilled to file the form

  1. The immigrant should be present in the United States. (If you are still in the home country, the procedures will be done through filing DS-230)
  2. The immigrant should be eligible for Green Card.
  3. Immigrant does not have any Criminal history or residing in the USA illegally or deported from the country in the past.

In case where the situation of immigrant has changed, the following should be taken care of

  1. When the guardian or parent dies, who has applied for the unmarried child, on the occasion of death, the child becomes ineligible for the adjustment of the status as he is not an immediate relative of US citizen.
  2. When the applications are made on based on marriage, the divorce before the adjustment also leads to the ineligibility for another spouse who is not an alien spouse.
  3. Where the applications are done through the employer-employee relationship, quitting or losing a job will turn into ineligibility.

How to file the I-485 form?

The I-485 application is filed by the immigration attorneys on behalf of the applicants. Further, the application can be filed at any time after obtaining I-526 approval.

The filing of application is to submit to the regional service center and with the prescribed fees like

  1. Application assistance fees -$220
  2. USCIS fees-$1140 (for the applicant being minor / Below 14 years $ 750)
  3. Biometric fee- $85 (only for age group of 14 to 78)

Which details are needed to file the form?

Following documents needs to be furnished for the filing of I-485 form

  1. Form I-485 application for registration
  2. Supplementary forms like 245(i) where it’s required
  3. Criminal; history records
  4. Copies of Certificates – birth, marriage and for divorce
  5. Latest photos of immigrant
  6. Passport copies with non-immigrant visa
  7. Evidence of eligibility
  8. Biometric information form i.eB-325A
  9. Payment receipts

Apart from the above immigrant also needs to file the sufficient evidential documents for the other forms of evidence of information when it is the case of I-140 or the affidavit support in case of I-130.

Download I-485 Form From U.S. Department of State

What’s after filing the form?

The whole procedure of form I-485 may take 6 to 12 months to complete. The approval of I-485 will be notified to the immigrant by way of Email or physical correspondence. After this, the immigrant will be granted for 2 years of conditional permanent residence.

Further, the immigrant can file other applications like I-765 application for employment and I-131 application for travel documents. After completion of 2 years conditional permanent residence, the immigrant can file form I-829 petition.