Applying for a Green Card Through Adjustment of Status: Your Guide to Form I-485

For those already in the United States on a valid non-immigrant visa, the journey towards becoming a lawful permanent resident (green card holder) often involves navigating Form I-485, the Application to Register Permanent Residence or Adjust Status. This form is central to the adjustment of status process, allowing eligible individuals to transition from a temporary visa to permanent residency without leaving the country. This guide will provide a comprehensive overview of the eligibility criteria, filing instructions, fees, and processing timelines associated with Form I-485.

Who Can Apply

1. Valid Non-Immigrant Status

To apply for a green card through adjustment of status using Form I-485, applicants must be present in the United States under a valid non-immigrant visa. Common examples include:

- H-1B Work Visa: For individuals employed in specialty occupations.

- F-1 Student Visa: For students enrolled in academic programs.

- L-1 Visa: For intra-company transferees.

- K-1 Visa: For fiancés of U.S. citizens.

- B-1/ B-2 Visa: For tourists visiting the United States 

Among other U.S. visas without any restrictions.

Maintaining valid status is crucial. Overstaying a visa or violating its terms can jeopardize the ability to adjust status. If you did overstay your U.S. visa and have an immediate relative who is a United States citizen or Greencard holder, you may have some options to consider to be able to adjust your status in the United States. 

2. Approved Immigrant Petition

In addition to being in valid status, most applicants need an approved immigrant petition. This is typically filed by a U.S. citizen or lawful permanent resident relative or an employer. Common petitions include:

- Form I-130: Petition for Alien Relative.

- Form I-140:Immigrant Petition for Alien Worker.

- Form I-360: Petition for Amerasian, Widow(er), or Special Immigrant.

The approval of one of these petitions is a prerequisite for filing Form I-485. Some may be filed conjointly with the I-485 Adjustment of Status Application.

Form I-485 Instructions and Filing Process

1. Application Package

The USCIS website offers the most up-to-date version of Form I-485 and detailed instructions. The application package typically includes:

- Form I-485:Completed application form.

- Form I-131: Travel Document 

- Form I-765: Employment Authorization 

- Form I-864: Affidavit of Support

- Form I-944: Declaration of Self-Sufficiency (if applicable).

- Supporting Documents: Evidence to support the application.

2. Supporting Documents

The specific documents required may vary, but generally include:

- Proof of Lawful Status: Copy of I-94 Arrival/Departure Record, visa stamp, and current non-immigrant visa.

- Passport: Copy of the entire passport, including visa stamps. 

- Evidence of Relationship: If applicable, such as a marriage certificate or birth certificate.

- Medical Examination: Form I-693, Report of Medical Examination and Vaccination Record, completed by a USCIS-authorized civil surgeon.

- Photos: Passport-style photographs as specified by USCIS guidelines.

3. Filing Fee

As of the current fee schedule, the filing fee for Form I-485 is $1,440. Fees are subject to change, so checking the USCIS website for the latest information is advisable. Accepted payment methods include money orders, cashier’s checks, and credit cards (using Form G-1450, Authorization for Credit Card Transactions). Please note, the I-130 Petition for Alien Relative is an additional fee of $675, the I-765 Employment Authorization is an additional fee of $260, and the I-131 Travel Document is an additional fee of $630. 

4. Biometrics Appointment

After filing Form I-485, USCIS will schedule a biometrics appointment. This appointment is mandatory and involves fingerprinting, photographing, and signature collection at a USCIS Application Support Center (ASC).

5. Processing Timelines

Estimated Time Range

Processing times for Form I-485 can vary significantly based on factors such as USCIS workload and the applicant's specific circumstances. On average, the process can take anywhere from 8 months to over a year. For the most current processing times, applicants should consult the USCIS website. https://egov.uscis.gov/processing-times/

6. Case Status Check

Applicants can monitor their case status online using the USCIS case status tool. Regular updates on the status of the application are essential for staying informed about any requests for additional information or interviews. https://egov.uscis.gov/

Additional Considerations

1. Filing Online 

USCIS offers the option to file Form I-485 online for certain categories. However, it's crucial to verify the eligibility for online filing and follow the specific instructions provided on the USCIS website. Online filing can streamline the process and offer additional tracking tools.

2. Adjustment of Status vs. Change of Status

Understanding the distinction between adjustment of status and change of status is essential. 

- Adjustment of Status: Refers to changing from a temporary non-immigrant visa to a lawful permanent resident status while remaining in the U.S.

- Change of Status: Involves switching from one non-immigrant visa category to another (e.g., from F-1 student to H-1B worker) while staying in the U.S.

Both processes are different and cater to varying needs and situations.

Conclusion

Applying for a green card through adjustment of status via Form I-485 is a significant step towards becoming a lawful permanent resident of the United States. Understanding the eligibility requirements, preparing a complete and accurate application, and being aware of the associated timelines are crucial to navigating this process successfully. Consulting with an immigration expert and staying updated with USCIS guidelines can provide additional support and ensure a smoother application journey.

For more detailed information, form downloads, and status checks, visit the official USCIS website (https://www.uscis.gov/i-485).

Support from Consulta Immigration

Consulta Immigration can provide valuable assistance to clients who would like to file their adjustment of status application or have already done so. They can offer guidance and support throughout the entire adjustment of status application process, ensuring that all necessary forms are completed accurately and submitted on time. If clients require travel information, Consulta Immigration can help answer those questions.

In cases where legal representation is needed, Consulta Immigration works closely with a network of trusted attorneys who specialize in immigration law. They can refer clients to these attorneys, ensuring that they receive the legal support and representation they need during complex situations such as divorce proceedings post green card issuance. By collaborating with experienced attorneys, Consulta Immigration can provide comprehensive assistance to clients, helping them navigate through legal challenges and achieve their immigration goals.

By being well-prepared and understanding your options, you can easily file your green card application efficiently.