FREQUENTLY ASKED QUESTIONS/I485 FAQ

From Immigration Wiki

Jump to: navigation, search
US Home | Wiki Help | IV Home | All Countries |

Contents

What is Application to Register Permanent Residence or Adjust Status or Form I-485 ?

This form is used by a person who is in the United States to apply USCIS to adjust to permanent resident status or register for permanent residence.

This form may also be used by certain Cuban nationals to request a change in the date that their permanent residence began.

What are the Benefits of Filing for Adjustment of Status

While your Adjustment of Status application is being processed (which may take several years in certain preference categories based on immigrant visa number availability):

1. You are allowed to apply for Employment Authorization Document (EAD) and take up employment with any US employer. (See AC21 for Employment Based Green Card Applicants)

2. You are allowed to apply for Advance Parole (AP) which allows you to return to the US after short foreign trips.

Eligibility

1. Based on an immigrant petition (I-140). You may apply to adjust your status if:

A. An immigrant visa number is immediately available to you based on an approved immigrant petition; or

B. You are filing this application with a completed relative petition, special immigrant juvenile petition, or special immigrant military petition which, if approved, would make an immigrant visa number immediately available to you.


2. Based on being the spouse or child (derivative) - at the time another adjustment applicant (principal) files to adjust status or at the time a person is granted permanent resident status in an immigrant category that allows derivative status for spouses and children.

  • A. If the spouse or child is in the United States, the individual derivatives may file their Form I-485 adjustment-of-status applications concurrently with the Form I-485 for the principal applicant, or file the Form I-485 at anytime after the principal is approved, if a visa number is available.
  • B. If the spouse or child is residing abroad, the person adjusting status in the United States should file the Form I-824, Application for Action on an Approved Application or Petition, concurrently with the principal's adjustment of status application to allow the derivatives to immigrate to the United States without delay if the principal's adjustment-of- status application is approved. The fee submitted with the Form I-824 will not be refunded if the principal's adjustment is not granted.


3. Based on admission as the fiancé(e) of a U.S. citizen and subsequent marriage to that citizen.

A. You may apply to adjust status if you were admitted to the United States as the K-1 fiancé(e) of a U.S. citizen and you married that citizen within 90 days of your entry.

B. If you were admitted as the K-2 child of such a fiancé(e), you may apply to adjust status based on your parent's adjustment application.


4. Based on asylum status. You may apply to adjust status after you have been granted asylum in the United States if you have been physically present in the United States for one year after the grant of asylum, provided you still qualify as an asylee or as the spouse or child of a refugee.


5. Based on refugee status. You may apply to adjust status after you have been admitted as a refugee and have been physically present in the United States for one year following your admission, provided that your status has not been terminated.


6. Based on Cuban citizenship or nationality. A. You are a native or citizen of Cuba, were admitted or paroled into the United States after January 1, 1959, and thereafter have been physically present in the United States for at least one year; or

B. You are the spouse or unmarried child of a Cuban described above and regardless of your nationality, you were admitted or paroled after January 1, 1959, and thereafter have been physically present in the United States for at least one year.


7. Applying to change the date on which your permanent residence began.

If you were granted permanent residence in the United States prior to November 6, 1966, and are a native or citizen of Cuba, or you are the spouse or unmarried child of such an individual, you may ask to change the date your lawful permanent residence began to your date of arrival in the United States or May 2, 1964, whichever is later.

8. Based on continuous residence since before January 1, 1972.

You may apply for permanent residence if you have continuously resided in the United States since before January 1, 1972. This is known as "Registry."


9. Other basis of eligibility If you are not included in the above categories, but believe you may be eligible for adjustment or creation of record of permanent residence, contact our National Customer Service Center at 1-800-375-5283 for information on how to use the Internet to make an application at your local USCIS office.

Who Is Not Eligible to Adjust Status.

Unless you are applying for creation of record based on continuous residence since before January 1, 1972, or adjustment of status under a category in which special rules apply (such as 245(i) adjustment, asylum adjustment, Cuban adjustment, special immigrant juvenile adjustment, or special immigrant military personnel adjustment), you are not eligible for adjustment of status if any of the following apply to you:


A. You entered the United States in transit without a visa;

B. You entered the United States as a nonimmigrant crewman;

C. You were not admitted or paroled following inspection by an immigration officer;

D. Your authorized stay expired before you filed this application;

E. You were employed in the United States without USCIS authorization prior to filing this application;

F. You failed to maintain your nonimmigrant status, other than through no fault of your own or for technical reasons; unless you are applying because you are:

1. An immediate relative of a U.S. citizen (parent, spouse, widow, widower, or unmarried child under 21 years old);

2. A K-1 fiancé(e) or a K-2 fiancé(e) dependent who married the U.S. petitioner within 90 days of admission; or

3. An H or I nonimmigrant or special immigrant (foreign medical graduates, international organization employees, or their derivative family members);

G. You were admitted as a K-1 fiancé(e), but did not marry the U.S. citizen who filed the petition for you, or you were admitted as the K-2 child of a fiancé(e) and your parent did not marry the U.S. citizen who filed the petition;

H. You are or were a J-1 or J-2 exchange visitor and are subject to the two-year foreign residence requirement and you have not complied with or been granted a waiver of the requirement;

I. You have A, E, or G nonimmigrant status or have an occupation that would allow you to have this status, unless you complete Form I-508 (I-508F for French nationals) to waive diplomatic rights, privileges, and immunities and, if you are an A or G nonimmigrant, unless you submit a completed Form I-566;

J. You were admitted to Guam as a visitor under the Guam visa waiver program;

L. You were admitted to the United States as a visitor under the Visa Waiver Program, unless you are applying because you are an immediate relative of a U.S. citizen (parent, spouse, widow, widower, or unmarried child under 21 years old); or

M. You are already a conditional permanent resident.


What Is the Filing Fee?

The filing fee for a Form I-485 is $985.

An additional biometric fee of $85 is required when filing this Form I-485. After you submit Form I-485, USCIS will notify you about when and where to go for biometric services.

The fee is $985 only (no biometrics fee required) for applicants under 14 years who submits Form I-485 independent from other family members.

The fee for a child under the age fourteen years will be $635 when submitted concurrently for adjudication with the application of a parent under sections 201(b)(A)(i), 203(a)(2)(A), and 203(d) of the INA.

You may submit one check or money order for both the application and biometric fees, for a total of $1070.

Use the following guidelines when you prepare your check or money order for the Form I-485 and the biometric service fee: 1. The check or money order must be drawn on a bank or other financial institution located in the United States and must be payable in U.S. currency; and

2. Make the check or money order payable to U.S. Department of Homeland Security, unless:

A. If you live in Guam and are filing your petition there, make it payable to Treasurer of Guam.

B. If you live in the U.S. Virgin Islands and are filing your petition there, make it payable to Commissioner of Finance of the Virgin Islands.

NOTE: Effective July 30, 2007, if you file Form I-485 to adjust your status as a permanent resident, no additional fee is required to also file an application for employment authorization on Form I-765 and/or advance parole on Form I-131. You may file these forms concurrently. If you choose to file the I-765 and/or I-131 separately after the effective date, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence of the filing of an I-485.

Where to File Based on an Underlying Form I-140, Immigrant Petition for Alien Worker

Adjustment-of-status applications filed based on a concurrently filed, pending, or approved Form I-140 must be filed with the Nebraska Service Center or the Texas Service Center, depending on where the applicant lives. An immigrant visa number must be immediately available at the time of filing.

If you live in the following states: Alaska, Arizona, California, Colorado, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, or Wyoming, the mailing address you should use is:

USCIS

Nebraska Service Center

P. O. Box 87485

Lincoln, NE 68501-7485


If you live in the following states: Alabama, Arkansas, Connecticut, Florida, Georgia, Kentucky, Louisianna, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, South Carolina, Oklahoma, Pennsylvania, Puerto Rico, Rhode Island, Tennessee, Texas, Vermont, Virginia, U.S. Virgin Islands, West Virginia, or Washington, DC, the mailing address you should use is:

USCIS

Texas Service Center

P. O. Box 851804

Mesquite, TX 75185-1804


Where to File Based on other Eligibility Criteria

See [1]

References

I-485 Filing Instructions

Further Info & Discussions

Any 485 NSC approvals?

PD not current but got I485 approval via email

All 485/EAD/AP discussions

All 485/EAD/AP filing questions

June 1st filers - receipt

July 2 filers - Receipt Tracking

Frustrated with fragomen

July-2-filers-receipt-tracking June-1st-filers-receipt-tracking

Late June-1st-filers-receipt-tracking NSC 485 approvals

I-485, EAD, AP questions and discussions 1 I-485, EAD, AP questions and discussions 2

IV:Huge development likely Filing 1-485 without lawyers help

I-485 Processing time Helpful info for I-485

I-485 Denied, please help Aug filers of I-485

June end - July 2nd filers, receipts by Monday 3rd USCIS FAQ about 485 filing

Can I leave USA before I get receipt notice of I485

Spotlight topic series: discuss issues with ac21 after applying for I485

Recent spate of I485 denials in ac21 cases

I-485 denial notice used ac21

Multiple 485 and tips from immigration lawyers

Frequently Asked Questions

AOS pending, what consideration should I take before buying house?

In Legal terms anyone on H1 visa and/or applied for Green Card with Adjustment of States pending can buy house or any other real estate property in USA. H1 visa holder can also invest money in stocks, mutual funds, bonds etc.

However, it should be noted that H1 visa holder can not work as self-employed or freelancer and do contract type of work in free time. The person with pending AOS can buy a house, open a real estate company and do buying and selling of real estate properties as long as he or she is using EAD. If the individual is using H1B visa with AOS pending, he or she cannot be self employed.

The only consideration the individual must take is that if his AOS is denied by USCIS, he must have other avenues to stay in United States legaly. If not he or she must be ready to sell the property quickly and leave the country in case his AOS (Green Card) petition is denied by USCIS.

Buying a house

AOS pending, what tuition Fee for University degree do pay

The fees of the student living in United States attending the university depends on his visa and state of residency. If the individual is on F1-VISA one will have to pay foreign student fees.

If the individual is on H1B visa and attending the University will pay either instate or out-of-state fees depending on his state of residency. Most of the University generaly requies that student is living in the state for at least one year in order to quailify for the instate fees. The University may required the proof in the form of Driving license, previous year Tax return, Utility bill, etc.

DUI and I485 Application

Getting a DUI while your I485 application is pending will most probably not affect your 485 application since the application is al ready sent to USCIS. In case of RFI, if USCIS ask if you were arrested or have any violation, you must inform them.

If you have DUI before you are applying for I-485, you must inform USCIS about the DUI. At this point in time, there is no record that indicated that USCIS have approved or denied the cases based on DUI.

How does USCIS handles EAD/AP for Multiple I-485s

Enrolling for studies

===Going out of country===
advertisement

Copyright © 2005 - 2009 ImmigrationVoice.org.