I-485 Application

The I-485 Application, officially known as the Application to Register Permanent Residence or Adjust Status, is a form used by individuals who are already present in the United States and wish to apply for lawful permanent resident status, commonly known as obtaining a green card. The I-485 Application is filed with the United States Citizenship and Immigration Services (USCIS) and allows eligible individuals to adjust their immigration status without having to leave the country and apply for an immigrant visa at a U.S. consulate abroad.

Eligibility for filing an I-485 Application depends on various factors, including the applicant's current immigration status, the basis for seeking permanent residency (e.g., family sponsorship, employment, asylum, or other specific categories), and the availability of an immigrant visa number.

Here are the key components of the I-485 Application process:

  1. Determine Eligibility: Before filing an I-485 Application, applicants should ensure they meet the eligibility requirements for adjusting their status. This typically involves having an approved immigrant petition (such as an I-130 or I-140), being the beneficiary of a derivative asylum application, or being eligible under another specific category.
  2. Gather Supporting Documents: Applicants must gather and submit various supporting documents along with their I-485 Application, including evidence of their identity (e.g., passport, birth certificate), proof of lawful entry into the United States, copies of the approved immigrant petition, and other relevant documents depending on the basis for the application.
  3. Medical Examination: Applicants must undergo a medical examination by a USCIS-designated civil surgeon to confirm they are not inadmissible due to health-related reasons. The results of the examination must be submitted along with the I-485 Application using Form I-693, Report of Medical Examination and Vaccination Record.
  4. Filing Fees and Biometrics: Applicants must pay the appropriate filing fees when submitting the I-485 Application. They will also be required to attend a biometrics appointment, where their fingerprints, photograph, and signature will be collected for background checks and identity verification purposes.
  5. Submit the I-485 Application: Applicants must submit the completed I-485 Application along with all supporting documents and fees to the appropriate USCIS office. Once the application is received, USCIS will issue a receipt notice, and the applicant's case will be processed.
  6. Interview and Adjudication: USCIS may require the applicant to attend an in-person interview to assess their eligibility for adjustment of status. During the interview, the immigration officer will review the applicant's documentation, ask questions about their background, and determine whether they meet the requirements for permanent residency. If the application is approved, the applicant will be granted lawful permanent resident status and receive a green card.
  7. Work and Travel Authorization: While the I-485 Application is pending, applicants may also apply for work authorization (using Form I-765, Application for Employment Authorization) and travel authorization (using Form I-131, Application for Travel Document) if they need to work or travel outside the United States during the processing period.

The I-485 Application is a crucial step in the process of obtaining a green card for individuals who are already present in the United States. By working with an experienced immigration attorney, applicants can ensure that their application is completed accurately and submitted with all the necessary supporting documentation, increasing the likelihood of a successful outcome.

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