What is Form I-485 for?

I-485 Application for altering immigration status. Individuals from foreign nations currently residing in the U.S. under specific temporary visas and seeking to transition to a different visa category can submit an I-485 application for a change in nonimmigrant status. Please click the link here for the Chinese translated version of the I-485.

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When to File Form I-485？

All Form I-485 applications are submitted either concurrently with, pending alongside, or after the approval of Form I-140. It’s important to note that the foreign national must file Form I-485 before the expiration of Form I-94.

Understanding the Filing Fee for Form I-485

The filing fee for Form I-485 is $1,440, with the exception of children under 14 filing with a parent, for whom it will be $950.

What documentation of vaccinations is required during the medical examination?

During the mandatory medical evaluation, the applicant must provide evidence of vaccination against the following diseases: mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, influenza type B, hepatitis A, hepatitis B, varicella (chickenpox), Haemophilus influenzae type b, rotavirus, meningococcal, and pneumococcal vaccines. If the applicant’s medical records indicate an incomplete series of any vaccine and there is no other evidence of immunity, the civil surgeon will administer a single dose of each missing vaccine during the examination. The civil surgeon will then certify the applicant’s eligibility for a “not medically appropriate” waiver if the administered doses do not complete the vaccine series.

Validity Period of Medical Examination Results

If a Form I-693 was completed and submitted to USCIS on or after November 1, 2018, it maintains its evidentiary weight for demonstrating that an applicant is not inadmissible due to health-related reasons if it satisfies any of the following conditions:

• The medical examiner must sign Form I-693 within a maximum of 60 days before the applicant submits the underlying benefit application to USCIS. Subsequently, USCIS must make a decision on the underlying benefit application within 2 years following the date of the medical examiner’s signature.
• The medical professional signs Form I-693 no more than 60 days before the applicant files the underlying benefit application with USCIS. USCIS then renders a decision on the underlying benefit application within 2 years after the date of the medical professional’s signature on Form I-693.

In every instance, a Form I-693 signed by a civil surgeon more than 60 days prior to the applicant submitting the underlying benefit application is deemed inadequate for evidentiary purposes upon its submission to USCIS. The table below delineates these scenarios.

What steps should I take after submitting Form I-485?

The legislation passed in 1997 mandates that all fingerprinting for adjustment purposes be carried out either by USCIS or by a designated state or local law enforcement agency (LEA).

Where are fingerprints processed? And what documentation should I bring for my fingerprint appointment?

Typically, the physical process of obtaining fingerprints is carried out at designated fingerprinting centers, commonly referred to as Application Support Centers (ASCs). The individual should bring the appointment notice along with a valid form of identification (such as an alien registration receipt card or an alternative photo ID like a state-issued driver’s license) to the appointed time. Once the fingerprinting is completed, USCIS will forward the fingerprint card to the FBI for a background check. A positive response from the FBI is required before an adjustment application can proceed.

What is the typical duration for the FBI clearance to be sent to USCIS subsequent to the fingerprinting process?

After fingerprints are collected, it typically requires thirty days for the FBI clearances to be registered within the USCIS’s database.

What is the duration of validity for the clearance?

Once fingerprints and clearance are recorded in the system, they retain validity for a duration of fifteen months from the entry date. Applicants will need to undergo fingerprinting anew once the clearances expire.

Is it permissible to submit both the Employment Authorization Document (EAD) and Advance Parole (AP) applications concurrently with Form I-485?

If the applicant requires authorization to work or permission to travel abroad temporarily, these requests can be included with the application package for adjusting status and submitted to the service center simultaneously. The application for work authorization is conducted using USCIS Form I-765, while the application for advance parole is processed with USCIS Form I-131. These forms can be submitted together. If you choose to submit the I-765 and/or I-131 separately after July 30, 2007, you must also include a copy of your I-797C, Notice of Action, receipt to confirm the filing of Form I-485.

Will there be an additional fee if I submit the EAD and/or AP along with the I-485 concurrently?

No supplementary fee is necessary if you submit an application for employment authorization on Form I-765 and/or advance parole on Form I-131 concurrently with Form I-485 for adjusting your status to a permanent resident.

What is the procedure for processing Form I-485?

The initial processing of the application occurs either at a USCIS Lockbox Facility or a service center. Following the submission of the application, the applicant will receive notification from USCIS regarding fingerprinting. The applicant will then either be scheduled for fingerprinting at a Local Application Support Center (ASC) or instructed to arrange an interview with the local ASC. Subsequently, the fingerprints will undergo checks through law enforcement databases conducted by the FBI. Additionally, the applicant may receive communication from USCIS if there are missing or unclear documents in the file, such as documents establishing a relationship. In such instances, a Request for Further Evidence (RFE) will be issued. RFEs must be responded to within twelve weeks of the request. Medical examination results will not trigger the issuance of RFEs; these results may be submitted during the adjustment interview.

What verifications does USCIS perform regarding an I-485 application?

USCIS conducts several checks in determination of I-485 application:

• A filed petition is checked against USCIS’s database of fraudulent petitions, which catalogues previous petitions linked to fraudulent activities.
• Background screenings, particularly based on names, are conducted using a multi-agency database that contains information about individuals with prior immigration issues or potential security concerns.
• Simultaneously filed petitions may be compared with existing files for the petitioner and/or beneficiary to ensure consistency with previously submitted information.
• USCIS may verify supporting documents by comparing them to descriptions provided by the Department of State (DOS) in its Foreign Affairs Manual. If any doubts arise about these documents, USCIS may request the originals.
• Regarding applications for additional benefits, USCIS conducts an initial assessment of all concurrently submitted I-140s and I-485s before processing applications for employment authorization (Form I-765) or advance parole (Form I-131).

What documentation is necessary for me to bring to an interview?

After the submission of documents and completion of fingerprinting, applicants who are scheduled for an interview will receive a notification of the interview appointment by mail. This notification will specify the time and location of the interview and instruct the applicant to bring specific documents.

In the event of an interview, the applicant should be ready to bring the following documents:

• The outcomes of the mandatory medical assessment on Form I-693 (if not previously included with the initial adjustment application);
• The applicant’s Form I-94;
• The applicant’s passport; All original documents;
• A recent employment verification letter from the alien’s employer, detailing ongoing employment at a designated salary;
• All documents related to the petition, if the petition was submitted concurrently with the adjustment application.
• The appointment notification.

What is the procedure for conducting an interview? What are the typical inquiries posed during an interview?

After administering the oath to the applicant, the USCIS examiner will carefully examine the biographical information provided on Form I-485 to ensure accuracy and address any discrepancies. Here are some questions that a USCIS examiner may ask:

• The examiner will ask the applicant questions based on the details provided in the form, especially concerning potential reasons for inadmissibility.
• They may inquire about the reason for seeking permanent residency, particularly regarding employment offers if it’s a job-based case.
• If the applicant hasn’t been employed but has stayed in the United States for an extended time, the examiner will closely examine the applicant’s financial means to ensure there hasn’t been any unauthorized employment involvement.

What happens if my application is not approved during the interview?

If the application cannot be approved during the interview due to the need for additional information from the applicant or because the necessary clearances have not been received, the applicant must wait for the resolution of these matters before the approval notice will be issued.

When will I receive an approval notice? Am I allowed to travel overseas or commence working once I receive the approval notice?

Once the Department of State (DoS) has allocated the visa number, the foreign national will receive an approval notice, Form I-797. Additionally, USCIS will initiate the process of issuing a Permanent Resident Card, Form I-551, to the applicant. However, the approval notice, Form I-797, is not sufficient evidence of the alien’s permanent residency for purposes such as traveling outside the United States and re-entering as a resident, or for demonstrating employment authorization. After receiving the approval notice, the alien must return to the USCIS office to obtain temporary evidence of permanent residency. This temporary evidence usually takes the form of a stamp in the new resident’s passport. With this stamp, the alien can travel abroad, re-enter the United States, and provide proof of employment authorization.

What if my spouse and children remain in my home country? Will their visas be granted?

Certainly, if you’ve undergone a status adjustment, your spouse or unmarried children under 21 can receive immigrant visas at a U.S. consulate in your home country. This process is known as “following to join” the primary applicant. You must request the U.S. consulate handling visa processing to be informed that your status has been adjusted to permanent residency.

What happens if my child turns 21 during the adjustment of status process?

That’s acceptable. A new law allows certain aliens to maintain their classification as children in situations where they “age out” while waiting for immigration processing.

Am I allowed to switch employers while my I-485 is being processed? Will it impact the validity of my approved I-140?

The recent legislation stipulates that individuals with pending adjustment of status applications for over 180 days can now change jobs or employers without jeopardizing the validity of the underlying I-140 or labor certification, provided the new job falls within the same or a similar occupational classification.

What if I wish to return to my home country while my I-485 application is pending? Can I pursue adjustment of status in my home country after filing I-485?

Certainly. Should you opt to pursue visa processing abroad after filing the adjustment application, you must undertake additional measures to facilitate the processing of your case overseas. Specifically, you must submit Form I-824 to the USCIS office that approved the initial petition, requesting notification of the petition’s approval to the consulate.

What happens if my application is rejected? Am I eligible to challenge USCIS’s ruling?

Upon reaching a decision to decline an adjustment of status application, the applicant must receive a written decision outlining the grounds for denial. If your nonimmigrant visa remains valid, you can continue staying in the U.S. on the basis of the unexpired nonimmigrant visa. Otherwise, after the denial of the I-485 application, deportation may be imminent. There is no avenue for appeal from USCIS’s denial of an application. However, you may submit a Motion to Reopen and Reconsider to the USCIS office. This motion can be based on legal arguments or additional factual information not previously available during the decision-making process, which could impact the reasons for denial.