Form I-485 is the application form to register permanent residence or adjustment of status . This is filed by an individual or a non US citizen to obtain permanent resident status in the US. Form I-485 is for the non US citizens who are in the US and are eligible to apply for the green card based on sponsorship by a family member, employer or based on their refugee/asylee status.
Adjustment of immigration status:
Applying for I-485 or adjustment of status is a very complex process and should be followed per the USCIS guidelines. This process is the final stage of getting a green card. Once this stage is completed, the individual becomes a legal permanent resident. There are two options for an individual to apply for immigrant status. If the applicant is residing in the US, he/she can apply using the form I-485 and if outside the US he/she apply at the US Consular office at the home country.
Eligibility for filing form I-485:
While residing in the US one can go ahead filing the Form I-485 if one or more of the following is applicable,
- On the basis of approved immigration petition or filing concurrently.
- Based on the derivative status for spouses and children: If spouse or child is in the US, they can file along with the principle or after.If spouse or child is outside the US, the person adjusting the status should file form I-824, which is the application for action on the approved petition or application.
- Based on the finance visa admission to the US and subsequently marrying within 90 days of your entry and if admitted as the K-2 child of such a fiancé(e), you may file form I 485 to adjust status based on your parent’s adjustment.
- Based on the Asylee/Refugee status.
- Based on the continuous residence, residing in the US since January1, 1972.
- Based on the Cuban nationality/citizenship.
- Based on the change of date from which the permanent residency began.
Required documents while filing form I-485:
The following are the list of documents submitted while filing from I-485 application
- Copy of the birth certificate
- Copy of the passport
- Recent photographs
- Copy of your I-797 Notice of Action, for the approved I-140, Immigrant Petition for Alien Worker
- Evidence of relationship like the joint lease, joint mortgage, etc
- Form G-325A, Biographic Information
- Employment letter
- Copies of the marriage certificate or divorce decrees or criminal records (if any)
- As an option, Form I-765, Application for Employment Authorization or EAD or Form I-131, Application for Travel Document
- Apart from the above, supporting documents depending on the individual’s case is submitted.
The forms like the I-131 or I-765 filed along with the form I-485 will be processed separately and should be completed with the required documents. Once the USCIS accepts the application, a separate notice of action will be sent for each application filed. Any attempt to falsify the document or submit false document will lead to denial of the application, thereby not allowing one to adjust his/her status.