Form I-485, officially known as the “Application to Register Permanent Residence or Adjust Status,” is a document used by foreign nationals who are already in the United States and wish to apply for lawful permanent resident status, also known as a Green Card. This form is typically used by individuals who are eligible for Green Cards through various categories, such as family-sponsored, employment-based, refugees/asylees, and certain other humanitarian programs.
The purpose of Form I-485 is to request an adjustment of one’s immigration status from a temporary nonimmigrant status to that of a permanent resident. This application is part of the process to become a lawful permanent resident, and it’s usually filed in conjunction with other related forms and supporting documentation, depending on the specific category and eligibility of the applicant.
Form I-485 is typically submitted to U.S. Citizenship and Immigration Services (USCIS) and must be accompanied by the required filing fee and supporting documents to demonstrate eligibility. The eligibility criteria, required documentation, and filing fees may vary depending on the individual’s circumstances and the specific category under which they are applying for a Green Card. It’s essential to carefully follow the instructions provided in the USCIS forms and on their website to ensure a successful application.
How to Fill Out Form I-485
Filling out Form I-485, the “Application to Register Permanent Residence or Adjust Status,” can be a complex process, and it’s important to follow the instructions provided by U.S. Citizenship and Immigration Services (USCIS) carefully. Here’s a general overview of how to fill out Form I-485:
- Download the form: You can obtain the most current version of Form I-485 from the USCIS website (uscis.gov) or by visiting a USCIS field office or Application Support Center. Ensure you download the latest version of the form to avoid processing delays.
- Read the instructions: Before you start filling out the form, carefully read the instructions provided with Form I-485. These instructions will guide you on how to complete each section and provide essential information about supporting documents, eligibility criteria, and filing fees.
- Complete the form: You can fill out Form I-485 either online or by hand, depending on your preference. If you fill it out by hand, use black ink and write legibly. Be sure to complete all required fields. If a question doesn’t apply to you, mark it as “N/A” (not applicable) rather than leaving it blank.
- Provide personal information: You will need to provide your personal information, including your name, address, date of birth, and Social Security Number (if applicable). Ensure the information is accurate and up to date.
- Category of eligibility: Indicate the category under which you are applying for adjustment of status (e.g., family-sponsored, employment-based, refugee/asylee, etc.). The specific requirements and supporting documents may vary based on your category.
- Biographic information: You will need to provide information about your nationality, immigration status, previous applications, and other biographical details.
- Security and background information: Answer questions related to your criminal history, immigration violations, and other background information truthfully. If you have a criminal history, it’s important to include all relevant information and documentation.
- Medical examination: You will typically need to undergo a medical examination by an authorized USCIS civil surgeon. The results of this examination should be documented on Form I-693, and a copy of this form should be included with your I-485 application.
- Affidavit of Support: If required, you will need to submit an Affidavit of Support (Form I-864) from a sponsor who is willing to financially support you. This is typically required for family-sponsored and certain employment-based categories.
- Filing fee: Pay the required filing fee, which can vary depending on your age, category, and other factors. USCIS updates the fee information regularly, so check their website for the most current fees.
- Supporting documents: Include all required supporting documentation, such as birth certificates, marriage certificates, passport photos, and any other evidence relevant to your case. Refer to the specific category instructions for a comprehensive list of required documents.
- Sign and date the form: Make sure to sign and date your Form I-485, and be aware that USCIS may reject your application if it lacks your signature.
- Copy and assemble: Make copies of your completed application and all supporting documents for your records. Assemble the package as per the USCIS instructions.
- Mail the application: Mail the completed Form I-485 package to the address provided in the instructions. Be sure to use a mailing method that provides proof of delivery and retain the receipt.
Form I-485 Checklist of Required Documents
The required documents and supporting evidence for Form I-485 can vary depending on your specific eligibility category and circumstances. USCIS provides detailed instructions for each category in the form’s accompanying instructions. Therefore, it’s crucial to review the most recent instructions and requirements on the USCIS website. Here is Form I-485 checklist of common documents that are often required:
- Form I-485 Application: The completed and signed Form I-485 itself.
- Filing Fee: The appropriate filing fee or fee waiver request if you are eligible for a fee waiver. Check the USCIS website for the current fee amounts.
- Passport Photos: Provide passport-style photos as specified in the instructions.
- Birth Certificate: A copy of your birth certificate. If the document is not in English, include a certified English translation.
- Passport Biographic Page: Copy of your passport biographic page.
- Form I-94: A copy of your Arrival/Departure Record (Form I-94) if applicable. You can usually access your I-94 electronically.
- Form I-693: A completed and sealed medical examination report, conducted by an authorized USCIS civil surgeon. This form is typically required for most I-485 applicants.
- Marriage Certificate or Divorce Decree: If applicable, provide a copy of your marriage certificate, divorce decree, or other documentation to prove your marital status.
- Affidavit of Support: If you are applying based on family sponsorship or employment, you may need to submit an Affidavit of Support (Form I-864) from a sponsor, along with supporting financial documents.
- Employment Authorization Document (EAD) Application: If you want to apply for an Employment Authorization Document (EAD) and/or Advance Parole (travel document), include a completed Form I-765 along with the required documents and fee (if applicable).
- Additional Evidence: Any other evidence specific to your category. This may include proof of relationship for family-sponsored applicants, job offer letters for employment-based applicants, documentation of asylum status for refugees/asylees, or other relevant documents.
- Military Service Records: If you served in the U.S. military or are the spouse or child of a U.S. citizen or lawful permanent resident who served, you may need to provide military service records or related documents.
- Police Clearances: If you have lived in another country for a significant period, you may be required to submit police clearances or certificates from those countries.
- Court Records: If you have a criminal history or any arrests, provide court records, disposition information, and details about any criminal incidents.
- Form G-325A: This biographical information form may be required, and it is used to provide additional background information.
- Other Supporting Documents: Include any other documents or evidence required or relevant to your specific case as indicated in the instructions.
