USCIS Form I-485: Everything You Need to Know

I-485 Explained

What Is I-485?

Form I-485, Application to Register Permanent Residence or Adjust Status, is used by individuals in the United States to apply for lawful permanent resident status, commonly known as a "green card." It allows eligible non-immigrants to adjust their immigration status while remaining in the U.S. The purpose of the I-485 form is to grant authorization for individuals to live and work permanently in the United States. Applicants may file this form based on various immigrant categories, such as family-based petitions, employment-based petitions, or special immigrant statuses. In some cases, a sponsor, such as a family member or employer, is required to support the application. Approval of the I-485 results in the issuance of a Green Card, serving as proof of the individual’s permanent residency.

Recent Updates

As of January 20, 2025, a new edition of Form I-485 has been published. Starting February 10, 2025, USCIS will only accept the 01/20/25 edition of Form I-485. Any older editions postmarked on or after this date will be rejected. Ensure that you are using the correct edition when filing your application to avoid delays or denials.

Mandatory Submission of Form I-693

Effective December 2, 2024, applicants required to submit Form I-693, Report of Medical Examination and Vaccination Record, must file it at the same time as Form I-485. Failure to include Form I-693 with the initial submission will result in the rejection of Form I-485.

Previously, applicants could submit Form I-693 later upon request, but under the updated policy, USCIS now requires this form upfront to prevent delays and streamline the adjudication process. Ensure that Form I-693 is properly completed and signed by a designated USCIS civil surgeon before submission.

Indefinite Validity of Form I-693

Effective April 4, 2024, any properly completed and signed Form I-693, Report of Medical Examination and Vaccination Record, issued on or after November 1, 2023, will not expire. This means that as long as the form is accurately completed by a USCIS-designated civil surgeon, it remains valid indefinitely and can be used as evidence to meet health-related admissibility requirements.

Applicants must ensure that Form I-693 is fully completed and signed to benefit from this indefinite validity policy, as incorrect or incomplete forms will not qualify.

Public Charge and Financial Disclosure Updates

The new edition of Form I-485 includes additional financial disclosure requirements for applicants subject to the public charge ground of inadmissibility. Applicants must now provide:

• Household income and asset details.

• Information on liabilities, such as debts and expenses.

• History of receiving public benefits, such as Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), and state/local cash assistance programs.

• Certain applicants, including refugees, asylees, VAWA self-petitioners, and some special immigrants, are exempt from public charge considerations and do not need to provide this information.

New Employment-Based Requirements

Employment-based applicants must submit Form I-485 Supplement J to confirm a valid job offer unless they qualify under a National Interest Waiver (NIW) or Extraordinary Ability category. The Supplement J requirement ensures that the job offer remains valid during processing.

Expanded Criminal and Security Background Checks

Applicants must now submit certified police and court records for all arrests, charges, or convictions, even if:

• Charges were dismissed.

• They were not convicted.

• The record was sealed or expunged.

• This update ensures that USCIS has a complete record of any past criminal history before making an adjustment of status determination.

Selective Service Registration for Male Applicants (Ages 18-26)

All male applicants between the ages of 18 and 26 will be automatically registered with the Selective Service System upon approval of their Form I-485. This applies even if they had not previously registered.

Eligibility for I-485

Who is eligible to file the I-485 form?

Eligibility to file Form I-485, Application to Register Permanent Residence or Adjust Status, is based on several factors. Individuals already in the United States may be eligible if they meet the following criteria:

- Immigration Status: The applicant must generally be in a valid nonimmigrant status at the time of filing and must not have violated the terms of their stay. However, certain applicants, such as immediate relatives of U.S. citizens or those covered under INA section 245(i), may be exempt from this requirement.

- Immigrant Visa Availability: The applicant must have an immigrant visa number immediately available, based on the priority date assigned by the U.S. Department of State. Immediate relatives of U.S. citizens always have visas available.

- Grounds of Inadmissibility: The applicant must not be inadmissible under U.S. immigration law. Grounds of inadmissibility include issues related to health, criminal history, security risks, immigration violations, and public charge concerns.

New Public Charge Financial Disclosure Requirements

Effective with the 01/20/25 edition of Form I-485, applicants must now answer additional financial questions to determine inadmissibility under the Public Charge Rule. These questions require applicants to disclose:

• Household income and total assets.

• Outstanding liabilities such as debts, loans, and recurring financial obligations.

• History of receiving public benefits, including Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), and state/local cash assistance programs.

• Certain applicants, including refugees, asylees, VAWA self-petitioners, and some special immigrants, are exempt from public charge considerations and do not need to provide this financial information.

It is important for applicants to review their eligibility carefully and consult USCIS guidance or an immigration attorney if they have concerns about their admissibility under public charge or other grounds.

Instructions for Family-Based Applicants

Family-based applicants seeking to adjust their status to lawful permanent residents using Form I-485 must follow specific instructions based on their circumstances.

• Immediate relatives of U.S. citizens (spouses, unmarried children under 21, and parents of U.S. citizens age 21 or older) may file Form I-485 concurrently with Form I-130, Petition for Alien Relative, while the I-130 is pending or after it has been approved.

• Applicants must submit evidence of the qualifying family relationship, such as a marriage certificate or birth certificate, and meet all other eligibility requirements.

• If either spouse has had prior marriages, evidence of the legal termination of those marriages must be provided.

Affidavit of Support (Form I-864) Requirement

In most family-based adjustment cases, the petitioner must submit Form I-864, Affidavit of Support, to demonstrate that the applicant is not likely to become a public charge. However, certain applicants are exempt from this requirement, including:

• Self-petitioning VAWA applicants (Violence Against Women Act)

• Special Immigrants, such as special immigrant juveniles, certain religious workers, and Afghan or Iraqi interpreters

• Widow(er)s of U.S. citizens filing Form I-360

Applicants who are exempt from Form I-864 may need to provide alternative evidence of financial self-sufficiency.

It is important for applicants to carefully review their eligibility category and follow USCIS guidelines to determine whether they need to submit Form I-864 with their application.

Instructions for Employment-Based Applicants

Employment-based applicants seeking to adjust their status to lawful permanent residents must provide documentation demonstrating their eligibility under a specific employment-based immigrant category.

• Most applicants must file Form I-485 along with a copy of Form I-797, Notice of Action, for the approved immigrant petition (Form I-140, Immigrant Petition for Alien Workers).

• If Form I-485 is filed concurrently with Form I-140, applicants must include all required supporting documents to demonstrate eligibility.

• Applicants must submit evidence of their current lawful status, such as Form I-94, Arrival/Departure Record, along with proof of any prior extensions or changes of status.

• If claiming an exemption from certain adjustment bars under INA section 245(k), applicants must provide evidence supporting their eligibility for the exemption.

Form I-485 Supplement J Requirement

• Form I-485 Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability, is required only if the adjustment application is based on a job offer.

• Self-petitioners filing under the following categories are NOT required to submit Supplement J:

  • National Interest Waiver (NIW) applicants

  • Extraordinary Ability applicants (EB-1A category)

• If Form I-485 is filed concurrently with Form I-140, Supplement J is not required at the time of filing but may be requested later by USCIS.

Employment-based applicants should carefully review their eligibility category and ensure they submit all necessary documentation to support their adjustment of status application.

Instructions for Special Immigrants

Special immigrants, including certain U.S. armed forces members, Panama Canal Zone employees, religious workers, and physicians, have unique eligibility criteria for adjusting their status. These applicants must select the correct special immigrant category on Form I-485 and submit documentation specific to that category. For example, religious workers must provide evidence of their qualifications and a job offer from a bona fide religious organization in the U.S. Special immigrants should closely follow the additional instructions specific to their category, as detailed in the USCIS guidelines, to ensure they meet all the necessary requirements.

Instructions for Asylees and Refugees

Asylees and refugees seeking to adjust their status must provide evidence of their asylee or refugee status, such as a copy of Form I-94, Arrival/Departure Record, showing their admission as a refugee or the approval notice of their asylum application. These applicants are not required to submit evidence of continuous lawful status since their entry into the United States. However, they must show that they have been physically present in the U.S. for at least one year since being granted asylum or refugee status. Refugees must also include a refugee travel document, and they may be subject to different medical examination requirements than other applicants.

Instructions for Special Cases

Certain applicants, including J-1 or J-2 exchange visitors, individuals with diplomatic immunity (A, G, NATO statuses), and those subject to public charge grounds of inadmissibility, must follow specific requirements when filing Form I-485.

J-1 and J-2 Exchange Visitors

• J-1 and J-2 nonimmigrants subject to the two-year foreign residence requirement under INA section 212(e) must provide proof that they have:

  • Fulfilled this requirement, or

  • Received a waiver of the requirement, or

  • Obtained a favorable recommendation from the U.S. Department of State.

• Applicants must submit all available Forms DS-2019 (or previously issued Forms IAP-66) along with their visa documentation and Form I-94.

A, G, or NATO Nonimmigrants (Diplomatic or International Organization Personnel)

Applicants in A, G, or NATO status who hold diplomatic privileges and immunities must submit the following additional forms to adjust status:

• Form I-508, Waiver of Rights, Privileges, Exemptions, and Immunities

• Form I-566, Interagency Record of Request

• French nationals must also submit Form I-508F

These forms ensure that applicants waive any diplomatic rights and privileges before becoming lawful permanent residents.

E Nonimmigrants (Treaty Traders/Investors & Certain Long-Term Foreign Employees)

• E nonimmigrants adjusting status must provide documentation of continued employment and investment eligibility as required by USCIS.

Applicants in special categories must carefully follow these additional filing requirements and submit all necessary waivers to avoid processing delays or denials.

I-485 Instructions

General Filing Tips

To ensure a smooth processing of Form I-485, Application to Register Permanent Residence or Adjust Status, applicants should follow these key guidelines:

1. Use the Current Edition:

Only the 01/20/25 edition of Form I-485 is accepted. Starting February 10, 2025, older editions will be rejected if postmarked on or after this date.

2. Submit Form I-693 with Form I-485:

Effective December 2, 2024, applicants must submit Form I-693, Report of Medical Examination and Vaccination Record, at the time of filing. Failure to include Form I-693 will result in rejection of the I-485 application.

3. Provide Complete Documentation:

Submit all required initial evidence and supporting documents as outlined in the instructions. Refer to the Checklist of Required Initial Evidence to avoid missing key documents.

4. Attend Biometrics Appointment:

Applicants may be required to attend a biometric services appointment for fingerprinting, photographs, and background checks. Missing this appointment without good cause could result in denial of the application.

5. Signature Requirements:

A photocopied, faxed, or scanned copy of a wet-ink signature is now accepted for Form I-485. Stamped or typewritten signatures are NOT accepted. If the applicant is under 14 years old, a parent or legal guardian must sign on their behalf.

6. Avoid Processing Delays:

Submitting a complete and properly signed application reduces the likelihood of receiving a Request for Evidence (RFE). Ensure all forms are filled out accurately and legibly to prevent rejection or delays. By following these updated USCIS filing requirements, applicants can minimize delays and improve their chances of successful application processing.

Public Charge Determination

With the 01/20/25 edition of Form I-485, applicants are now required to provide expanded financial disclosures to determine whether they are inadmissible under the Public Charge Rule. Applicants must report:

• Household income and total assets, including salaries, savings, investments, and real estate.

• Outstanding liabilities, such as debts, loans, and financial obligations.

• History of receiving public benefits, including:

  • Supplemental Security Income (SSI)

  • Temporary Assistance for Needy Families (TANF)

  • State, Tribal, or local cash assistance programs for income maintenance (often called General Assistance). Applicants who are subject to the Public Charge Rule must provide this information accurately and completely.

Who is Exempt from Public Charge Considerations?

Certain applicants do not need to provide financial information because they are exempt from the Public Charge Rule, including:

• Refugees and Asylees

• VAWA Self-Petitioners (Violence Against Women Act applicants)

• Special Immigrants, including special immigrant juveniles and certain religious workers

• Human trafficking and crime victims (T and U visa applicants)

• Certain applicants adjusting status under special humanitarian programs

For those not exempt, failure to properly disclose financial details may result in a Request for Evidence (RFE) or denial of Form I-485.

Selective Service Registration Requirement

Under the updated Form I-485 instructions, males aged 18-26 will be automatically registered with the Selective Service System upon the approval of their adjustment of status application.

• Selective Service registration is a legal requirement for most males between 18 and 26 years old under the Military Selective Service Act.

• If an applicant falls within this age range at the time of I-485 approval, USCIS will transmit their information to the Selective Service System for automatic registration.

• Applicants do not need to take additional steps unless they wish to check their registration status through the Selective Service Website.

Failure to register may affect eligibility for certain federal benefits, government employment, and U.S. citizenship in the future. Applicants should be aware of this automatic process when filing their Form I-485.

Mandatory Health-Related Documentation

Effective December 2, 2024, Form I-693, Report of Medical Examination and Vaccination Record, must be submitted concurrently with Form I-485 for most applicants. Failure to include a valid Form I-693 or partial Form I-693 may result in rejection of your application. Ensure the form is completed by a designated USCIS civil surgeon.

Supporting Documents Required

Applicants must submit all required supporting documents with Form I-485 to avoid delays or rejection. The following documents are required unless otherwise specified:

• Two passport-style color photographs taken within the last 30 days.

• A photocopy of a government-issued photo ID, such as a passport or driver’s license.

• Form I-94, Arrival/Departure Record, if applicable.

• Evidence of qualifying family relationship or employment-based eligibility, such as:

  • Marriage or birth certificates for family-based applicants.

  • Form I-140 approval notice (Form I-797) for employment-based applicants.

• Proof of lawful entry into the U.S., including:

  • Passport pages with an admission stamp.

  • Visa documentation, if applicable.

• A properly completed Form I-693, Report of Medical Examination and Vaccination Record.

Updated Criminal Record Requirements

- All applicants must submit certified police and court records for any past arrests, charges, or convictions— even if:

• Charges were dismissed.

• The applicant was not convicted.

• The record was sealed or expunged.

• If an arrest or conviction was vacated, set aside, or expunged, applicants must still provide the original case records along with the official court order dismissing or expunging the case.

• If court records are unavailable, the applicant must submit a written explanation from the court along with any available secondary evidence.

Failure to provide complete criminal history documentation may result in a Request for Evidence (RFE) or denial of Form I-485.

Starting April 4, 2024, Form I-693 signed on or after November 1, 2023, is valid indefinitely and can be used as evidence to demonstrate compliance with health-related grounds for admissibility.

How to Translate Supporting Documents for I-485?

The I-485 form is an important document used by individuals who are seeking permanent residency status in the United States. It is required by the USCIS that all supporting documents submitted with the I-485 form be in English or accompanied by a certified English translation. If your supporting documentation such as your birth certificate, marriage certificate, divorce decrees or police records are in a language other than English and you need to translate them for your I-485 form, here is what you need to know.

1. Find a Certified Translation Service Provider: The first step in translating the I-485 form is to find a certified translation service provider. You can work with a freelance translator or online translation services.

2. Review the Requirements: Before you begin the translation process, it is important to review the requirements set by USCIS. The translation must be done by a competent person who has full command of both English and the source language of the document.

3. Provide a Certified Translation: The translation must be accompanied by a certification that states the translation is accurate and complete, and that the translator is competent to translate the document. The certification should include the translator’s name, signature, and contact information.

4. Submit the Translation with the I-485 Form: Once the translation is complete, it should be submitted with the I-485 form and all other required supporting documents. Make sure to keep a copy of the translated document for your own records.

MotaWord is a trusted USCIS certified translation provider for immigration lawyers, law firms and individuals in the United States and Canada. You can easily use MotaWord for any type of document translation. Simply go to our quote page and upload your document, and MotaWord will identify the language and provide you with an instant quote for a USCIS certified translation, including the price and turnaround time.

How Do I Fill Out The I-485 Form?

Filling out the I-485 form requires careful attention to detail and a thorough understanding of the process. Here are the general steps to follow when filling out the I-485 form:

• Gather required documents: Before you start filling out the I-485 form, make sure you have all the required documents, such as your passport, birth certificate, and proof of eligibility for permanent residency status and make sure your documents are translated into English.

• Download the I-485 form: The I-485 form can be downloaded from the USCIS website. Make sure you have the latest version of the form.

• Fill out the form: Complete all required fields on the form, including your personal information, immigration history, and contact information. Make sure to sign and date the form.

• Calculate fees: The I-485 form requires payment of several fees, including the filing fee, biometric services fee, and any other required fees. Make sure to check the USCIS website for the latest fee schedule.

• Submit the form and supporting documents: Once the form and supporting documents are complete, submit the package to USCIS either by mail or in person at a USCIS Application Support Center.

• Attend biometric services appointment: After submitting the I-485 form, you may be required to attend a biometric services appointment where your fingerprints, photograph, and signature will be taken.

It is important to read the instructions provided by USCIS carefully and to seek guidance from an immigration attorney if you have any questions or concerns about the I-485 form.

What Is The Biometric Services Appointment For The I-485 Form?

The biometric services appointment is a required step in the I-485 process. During this appointment, USCIS will collect your biometric information, including fingerprints, photographs, and signatures, which are used for background and security checks and to verify your identity. After USCIS processes your I-485 application, you will receive a notice with the date, time, and location for your biometric appointment. It is essential to attend the appointment and provide all requested information, as failure to do so could result in delays or denial of your application.

Applicants requiring disability accommodations can request assistance directly on Form I-485 or during biometric services appointments. This includes sign language interpreters, wheelchairs, and other adjustments. Contact USCIS ahead of time to make arrangements.

How Much Is The Filing Fee For I-485

The paper filing fee for I-485 form is $1,440. If under 14 years of age and submitting Form I-485 concurrently with the Form I-485 of one parent the paper filing fee is $950. In certain cases, an additional fee may apply. It's important to note that the fees are subject to change and it's best to check the USCIS website for the most up-to-date fee information. Additionally, there may be different fees for certain categories of applicants, such as refugees or asylees, so it's important to review the specific instructions on the USCIS website.

How Do I Submit The I-485 Form?

The I-485 form must be filed with U.S. Citizenship and Immigration Services (USCIS). The steps to submit the form are as follows:

Prepare the form: Complete Form I-485 and gather all required supporting documents as outlined in the instructions.

Pay the fees: Pay the required filing fee for Form I-485, along with the biometrics services fee if applicable. Be sure to check the latest fee schedule and see if you qualify for any fee waivers or exemptions.

Submit the form: Mail the completed form, supporting documents, and payment to the correct USCIS address listed in the form instructions. The address may vary depending on your category and location.

Most applicants must file Form I-485 by mail, but some may be eligible to file electronically using a USCIS online account. It is important to verify your eligibility for electronic filing on the USCIS website or consult an immigration attorney. Additionally, some applicants may be able to file Form I-485 concurrently with Form I-140, while others must wait until Form I-140 is approved before filing.

Where To File I 485?

Form I-485, Application to Register Permanent Residence or Adjust Status, is typically filed with U.S. Citizenship and Immigration Services (USCIS). The form must be mailed to the correct USCIS address, which varies depending on the applicant’s category, location, and the basis for filing. There is currently no option to file Form I-485 online.

It is important to carefully review the USCIS website or the filing instructions included with Form I-485 to ensure it is sent to the appropriate address and that all required supporting documents are included. Consulting an immigration attorney or accredited representative can help ensure that the filing is done correctly.

I-485 Processing Time

How Long Does It Take To Process I-485?

The processing time for Form I-485 can vary based on several factors, including the volume of cases at USCIS and the specific circumstances of each applicant. Processing times generally range from 8 to 14 months, but some cases may take longer.

Processing times are subject to change, so it’s important to regularly check the USCIS website for the most up-to-date information. Additionally, processing times can vary depending on the USCIS field office handling the case. Applicants can use the USCIS Processing Time Information page to check the average processing time for their specific field office and form type.

If you need to travel outside the U.S. or require employment authorization while your I-485 is pending, you may be eligible to apply for advance parole and/or an Employment Authorization Document (EAD). It is recommended to consult with an immigration attorney for specific guidance on your case.

Is There Premium Processing For I-485?

You can file Form I-485 along with Form I-140 at the USCIS Dallas Lockbox. If requesting premium processing for Form I-140, you must also submit Form I-907, Request for Premium Processing Service. To file all three forms together, refer to the Direct Filing Addresses for Form I-140, Immigrant Petition for Alien Workers. If filing Form I-485 based on an already pending or approved Form I-140, check the Direct Filing Addresses for Form I-485 to determine the correct submission location. Before applying, review the Employment-Based Preferences chart in the Department of State’s Visa Bulletin to confirm that your priority date is current.

Denials and Approvals

What Happens If Form I-485 Is Denied?

If your Form I-485 application is denied, USCIS will issue a denial notice explaining the specific reasons for the decision. Common reasons for denial include:

• Failure to submit required documentation (missing initial evidence or not responding to a Request for Evidence).

• Ineligibility for adjustment of status based on the applicant’s immigration category.

• Public charge concerns or failure to meet admissibility requirements.

• Fraud or misrepresentation in the application.

• Criminal history or security concerns that make the applicant inadmissible.

 New Appeal and Motion Options

• If your Form I-485 is denied, your denial notice will include instructions on how to file a Motion to Reopen or a Motion to Reconsider.

• A Motion to Reopen is used if new evidence or changed circumstances may affect the decision.

• A Motion to Reconsider is used if you believe USCIS made a legal or factual error in its decision. Applicants should carefully review their denial notice and consult with an immigration attorney if considering an appeal.

What Happens After Form I-485 Is Approved?

If USCIS approves your Form I-485, you will officially become a lawful permanent resident (Green Card holder).

• You will receive a Form I-797 approval notice, followed by your Green Card in the mail.

• Lawful permanent residents have the right to live and work permanently in the U.S.

• You may be eligible to apply for U.S. citizenship after meeting residency and naturalization requirements.

New Green Card holders must keep their addresses updated with USCIS and ensure compliance with U.S. immigration laws to maintain permanent resident status.

FAQs on I-485

Can I work or travel outside the United States while my I-485 form is pending?

Whether you can work or travel outside the United States while your I-485 form is pending depends on your immigration status and whether you have the appropriate authorization. To work while your I-485 is pending, you must have a valid Employment Authorization Document (EAD), unless you already hold a valid nonimmigrant work visa, such as an H-1B.

If you wish to travel outside the U.S. while your I-485 is pending, you generally must obtain advance parole (Form I-131) before leaving. Traveling without advance parole may result in USCIS considering your I-485 application abandoned, unless you are in certain categories, such as H-1B or L-1 visa holders, who may be able to travel and return without abandoning the application.

It is essential to consult an immigration attorney before traveling outside the U.S. while your I-485 is pending to ensure you maintain your eligibility for adjustment of status.

Can I bring my family with me to the United States through the I-485 form?

Yes, you can bring your family members, also known as dependents, to the United States through the I-485 process. If you are the principal applicant for the I-485 Adjustment of Status application, your spouse and unmarried children under the age of 21 may be eligible to apply for adjustment of status as dependents. Each dependent must submit their own Form I-485 along with evidence of their relationship to the principal applicant.

Your dependents will be subject to background and security checks, and they must meet all eligibility requirements for adjustment of status. The processing times for dependent applications may vary from the principal applicant's I-485 processing time.

It is recommended to consult with an immigration attorney for guidance on how to properly include your family members in the I-485 process and ensure they meet all requirements.

What is the difference between I 130 and I-485?

Form I-130, Petition for Alien Relative: This form is used by U.S. citizens or lawful permanent residents to establish a qualifying familial relationship with a foreign national relative who seeks immigration to the United States. It is the first step in the family-sponsored immigration process, and once approved, it allows the relative to apply for a visa or adjustment of status, depending on their location and visa availability.

Form I-485, Application to Register Permanent Residence or Adjust Status: This form is used by individuals already in the United States who are eligible to adjust their status to become lawful permanent residents (green card holders). It is typically submitted after the I-130 has been approved or concurrently in certain cases, and must be accompanied by supporting documents to establish eligibility for permanent residency.

In summary, Form I-130 is used to establish a familial relationship for immigration purposes, while Form I-485 is used to adjust an individual's status to permanent resident if they are already in the United States. These forms are often used together but serve different purposes in the immigration process.

Can I 485 Be Denied After I 140 Approval?

Yes, even after a an form I-140 has been approved, a Form I-485 may still be denied. The approval of Form I-140 confirms eligibility for an immigrant visa or adjustment of status, as well as the legitimacy of the employer (in employment-based cases) or family relationship (in family-based cases). However, Form I-485 can be denied for reasons such as inadmissibility due to criminal history, security concerns, lack of proper documentation, or failure to meet other eligibility requirements for adjustment of status. Approval of Form I-140 does not guarantee approval of Form I-485.

Can I File I 130 And I 485 Together?

Yes, you can file Form I-130 and Form I-485 together if an immigrant visa number is immediately available. This concurrent filing is generally allowed for immediate relatives of U.S. citizens, as there are no numerical limitations for these visa categories. In some cases, however, you may need to wait for the I-130 petition to be approved before filing Form I-485, even if a visa number is available. It is important to review your specific circumstances and consult the USCIS guidelines or an immigration attorney to determine if concurrent filing is an option for you.

If you filed Form I-485 between July 30, 2007, and April 1, 2024, and paid the required fee, you are not required to pay additional fees when submitting Form I-765 (Application for Employment Authorization) or Form I-131 (Application for Travel Documents, Parole Documents, and Arrival/Departure Records). However, if filing Form I-485 after April 1, 2024, you must pay separate fees for Forms I-765 and I-131, as outlined on the Fee Schedule page. You may file these forms concurrently regardless of the filing date. When submitting Form I-131 with Form I-485 or while Form I-485 is pending and requesting an advance parole document, select only item 5.A. in Part 1 of Form I-131, and you do not need to provide a receipt number if filing concurrently. If Form I-765 and/or Form I-131 is not filed with Form I-485, you must include a copy of Form I-797C, Notice of Action (receipt notice), as proof of Form I-485 submission when later filing Forms I-765 and/or I-131.

Consult the guidelines for your particular immigrant petition for advice, such as:

- 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

Does I-485 Require Interview?

Yes, most applicants for Form I-485 are required to attend an interview with a USCIS officer as part of the adjustment of status process, unless certain circumstances justify an interview waiver. Typically, 4 to 10 months after submitting Form I-485, you will receive an interview notice from USCIS with the date, time, and location. The interview is used to verify the information provided in your application and to ensure eligibility for adjustment of status.

What Questions Do They Ask In I-485 Interview?

• How did you and your spouse first cross paths, and where did this happen?

• When and under what circumstances did you two first meet?

• During the time you met, where was your spouse residing, and who were they living with?

• Can you provide your spouse's date of birth?

• At the time of your initial meeting, where was your spouse employed, and what kind of work were they doing?

• Could you describe the nature of your spouse's current occupation?

• What is your spouse's typical work schedule?

What Is My Immigration Status While I-485 Is Pending?

If you were in lawful status in the United States when you filed Form I-485, you are generally allowed to remain in the U.S. while your application is pending. For example, if you were on a valid non-immigrant visa (such as H-1B, F-1, or other), your status usually continues until a decision is made on your adjustment of status application.

If you filed Form I-485 while in the U.S. under the Visa Waiver Program (VWP) or with a valid parole document, you can typically remain in the U.S. while awaiting a decision.

It is important to note that certain actions, such as traveling outside the U.S. without obtaining advance parole (Form I-131), may result in your I-485 application being considered abandoned. To maintain your lawful immigration status while your I-485 is pending, consult an immigration attorney or review the USCIS guidelines to ensure compliance with the rules.

Can I File I-485 While I-130 Is Pending?

Yes, you can file Form I-485 (Application to Register Permanent Residence or Adjust Status) while Form I-130 (Petition for Alien Relative) is still pending, provided an immigrant visa number is immediately available. For immediate relatives of U.S. citizens, concurrent filing of Form I-130 and Form I-485 is generally permitted because visa numbers are always available for these categories. In other cases, the I-485 may be filed after the I-130 is approved or concurrently, depending on visa availability. It is important to verify eligibility and consult USCIS guidelines or an immigration attorney before filing.

When To Do Medical Exam For I-485?

The medical exam for Form I-485 should generally be completed after receiving instructions from USCIS, which often occurs after filing the application and receiving the Notice of Action (Form I-797C). It is recommended not to schedule the medical exam too far in advance, as the results are typically valid for only two years. To meet the requirements for the adjustment of status application, make sure to follow USCIS guidelines carefully and have the exam conducted by a USCIS-designated civil surgeon.

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