Your Path to Permanent Residency: Guide to Filing Form I-485

Form I-485: What You Must Know to Register Permanent Residence or Adjust Status

Officially referred to as the Application to Register Permanent Residence or Adjust Status, Form I-485 is a crucial document for those living in the United States who want to become lawful permanent residents (green card holders). Without having to go back to your own country for consular processing, this form is designed to help you move from a temporary visa status to permanent residency.

For many people, including family members of U.S. citizens, those with employment-based petitions, asylees, and others, filing Form I-485 is important. Under proper guidance, you can effectively negotiate the procedure and move toward obtaining your green card.

Who Can File Form I-485?

Depending on their present immigration status and visa circumstances, several groups of people qualify to file Form I-485. Here are some:

• Parents, unmarried children under 21, and immediate relatives of U.S. citizens such as spouses.
• Employment-based candidates with approved Form I-140, the immigrant petition for the alien worker.
• Asylees and refugees can apply after one year of obtaining refugee or asylum status.
• Diversity Visa Lottery winners.

Consult an immigration attorney or visit the official USCIS website to be sure you’re qualified as every category comes with particular filing requirements and deadlines.

Filing Form I-485: The Cost

Your age and immigration category will affect the filing Form I-485 cost. Most candidates pay a biometrics charge in addition to a filing fee. This is a breakdown:

• The filing fee for Form I-485 is $1,140.
• The biometrics fee is $85, thus for applicants between the ages of 14 and 79, the total cost is $1,225.

However, some applicants, including minors under 14 or those enrolling as asylees, might be qualified for cheaper costs. To make sure you have accurate information before making your payment, always review the most recent fee schedule on the USCIS website.

What Documents Do You Need to File Form I-485?

You will need to compile different documents to support your application if you want Form I-485 filed successfully. These consist of:

• Identity proving documentation, including a valid visa, birth certificate, and passport.
• Documentation proving eligibility, such as an authorized Form I-130 or Form I-140.
• Immigration status documents, including Form I-94, and Arrival/Departure Record.
• Medical examination report created through Form I-693 by a civil surgeon accepted by USCIS.
• Marriage certificates or other documentation of relationship if you are submitting based on a family petition.

Consult an immigration attorney or double-check the USCIS website to be sure you have the right papers; not providing the necessary documentation could cause delays or rejection.

How Long Does It Take to Process Form I-485?

Your immigration category, USCIS processing center, and whether you are filing concurrently with another form will all greatly affect Form I-485 processing time. Processing often takes eight to fourteen months. Some instances, such as those involving family-based applicants filing with Form I-130 or employment-based applicants, may have faster or slower delays.

Using the USCIS case status tool with your receipt number will help you access the most current information on your particular application utilizing recent updates.

Can You File Form I-485 Online?

Indeed, depending on your category, you could file Form I-485 online. Applicants may more easily submit their applications and pay the costs online via the USCIS online filing portal. However, to find out whether online submission is a possibility for you, be careful to ask USCIS or consult your attorney as not all categories are qualified for online filing.

Concurrent Submission of Forms I-130 and I-485

USCIS lets some family-based applicants submit Form I-130, (Petition for Alien Relative) and Form I-485 concurrently. This allows you to submit both forms at the same time, therefore accelerating the procedure of permanent residence. Concurrent filing is most often offered to immediate relatives of U.S. citizens, including parents, spouses, and single children under 21.

Since both petitions are handled at the same time, candidates who file concurrently may significantly reduce their total waiting period. To minimize any delays, though, be sure you compile every necessary document for both forms before submission.

Where to File Form I-485

Whether you are filing by mail or online your immigration category will determine where you file Form I-485. Most applicants mail their completed form and supporting documentation to a designated USCIS lockbox facility, which forwards your application to the relevant processing center. For those submitting online, submission is simple using the USCIS portal.

Consult the USCIS postal address for Form I-485 given on their official website to determine the most current address for filing.

Step-by-Step Guide to Filing Form I-485

Although organizing Form I-485 can seem difficult, following these guidelines will help to guarantee your application is complete:

1.     Determine your eligibility: Check that your visa type or petition qualifies you to file Form I-485.
2.     Complete Form I-485: Carefully enter all necessary information into the form, including your personal information and immigration history.
3.     Gather necessary documentation: Get all of your supporting documentation—proof of identity, an authorized petition, your medical exam, etc.
4.     Pay the fees: Pay the appropriate fees—including the biometrics charge and the filing fee.
5.     Submit the form: If qualified, mail your completed application to the proper USCIS location or file it online.
6.     Attend biometrics appointment: After submitting your form, you can be called for a biometrics inspection whereby your signature, photo, and fingerprint will be taken.
7.     Interview with USCIS: Your case may call for you to attend an in-person interview.
8.     Await your decision: USCIS will review your case and let you know their decision. If accepted, your green card is coming.

Can You File Form I-485 Without an Approved Form I-130?

Form I-130 (Petition for Alien Relative) is a crucial document for applications involving family-based immigration. For immediate relatives of U.S. citizens—such as spouses, unmarried children under 21, or parents—you may concurrently file Form I-130 and Form I-485. However, for applicants in other family-based categories, Form I-130 must first be approved before filing Form I-485.

For immediate relatives specifically, concurrent filing of these documents may significantly decrease processing time. To prevent delays in your application, be sure you submit all necessary evidence for both forms.

What Happens After Form I-485 is Approved?

Your Form I-485 will be accepted, and you will formally be a lawful permanent resident, receiving a green card. Often followed by the status, the card was generated or the card was mailed to me, the USCIS online case status tool will change to show the approval of your application.

If USCIS decides that an interview is required, they will let you know the appointment date. To prevent delays, show up for any planned interviews and deliver any extra needed documentation right away.

Form I-485 for Children and Minors

There are some noteworthy variations when submitting Form I-485 for children under 14. First, for minors, the Form I-485 cost usually is less. Children under 14 filing with at least one parent pay $750 for Form I-485; there is no additional biometrics fee needed. The child might be responsible for the full price, though, if they are filing separately.

Furthermore, while applying for minors, particular documents including the birth certificate of the child and evidence of the parent-child relationship are needed. Sometimes the child may need to get a medical examination. Although the category and USCIS workload will affect the processing times for minors, they usually align with the family-based application processing times.

Start Your Path to U.S. Residency Today

Are you ready to apply for Form I-485 and get permanent residence in the US? Our knowledgeable lawyers at Passage Immigration Law can assist you at each phase of the procedure. Get in touch right now to set up a consultation and enable us to assist you in reaching your immigration objectives.