I-485 Adjustment of Status – Purpose, Requirements and Application Timeline

Hi readers, if you entered the United States on a non-immigrant visa and want to remain there permanently, you must file Form I-485 with the United States Citizenship and Immigration Services.

Now, you can start your status adjustment from non-immigrant to green card holder with the help of the simplest online Citizen Concierge Form I-485 package and additional immigration paperwork like Form I-130- Petition for Alien Relatives. This application has very specific filing requirements and processes that must be followed, or the application will be denied.

So, it is necessary to learn how to fill out form I-485 and submit it with your adjustment of status application. Knowing this information and consulting with an experienced immigration practitioner could significantly boost your chances of being accepted as a lawful permanent resident.

This blog post will discuss the purpose, requirements, and application timeline for Form I-485, Application for Adjustment of Status.

Purposes of Form I-485

If you want to apply for a Green Card in the United States, you’ll need the I-485 Adjustment of Status Guide. A person’s eligibility for having their pending I-485 document approved depends on many variables, including their marital status, nationality, military service, and specific legislation passed by Congress. Another factor is whether or not they came to the United States seeking asylum or as a refugee.

Adjustment of Status (Form I-485) Legal Requirements

There are some pre-and post-filing conditions that must be met for an I-485 application to be processed.

Requirement 1 – The first requirement for adjusting one’s status is a physical presence in the United States at the time the paperwork is submitted.

Requirement 2 – Second, you can’t just show up in America; you need to be able to do it legally. This indicates that you had a face-to-face encounter with an immigration official at the place of entry, and that officer gave you the green light to enter the United States. If you entered on a valid visa that has eventually expired, you are still considered to be in the country legally.

Requirement 3 – Third, candidates with a family preference must have a visa number and an authorized Form I-130, Petition for Alien Relative. However, the I-130 petition and the application for status adjustment can be filed at the same time for closest relatives of U.S. citizens.

Adjustment of Status (Form I-485) Application Timeline

Step 1-Fill out and apply.

If your application is complete, you will receive a confirmation of receipt in the mail within two to three weeks. If the USCIS determines an applicant’s application needs to be completed, they may request missing information or documents.

Step 2- Get a Call of Your Biometrics Appointment

A confirmation notice for your biometrics (fingerprinting) should arrive within three to five weeks after submitting your application. As part of the Green Card/I-485 application procedure, an individual must undergo a basic security assessment and background investigation. 

You can prove your identity with biometric data. You’ll have biometrics 5–8 weeks later. Bring a national photo ID and a passport to get into the building.

Step 3-Get your Employment Authorization Document

If you use Form I-485 to apply for an EAD, you might get it 12–16 weeks after your meeting. This is what most people call a “work permit.” With this card, you can work and move abroad. People who aren’t citizens but have work permits can do more while they wait for their green cards.

Step 4-Green Card Interview

The interview notice is one of the longest gaps that might occur after a case has been filed. Expect a little delay if you’re in the procedure’s final stages; this letter can arrive in the mail from four to ten months after filing.

The interview typically takes place within a year of the first filing. Verify that your I-485 has the most recent information. Green card interview guidelines (employment and marriage) can provide more information about what to expect.

Step 5-Receive Final Results

You could be granted permanent residency, but USCIS will usually evaluate your case and issue your Green Card. Your green card will be delivered to your application address.

Otherwise, USCIS justify your adjustment of status rejection. After your green card interview, it may take 2-3 weeks to receive the final evaluation of your I-485 application, which generally takes 8–14 months to process.

Lastly,

You are required to file an income tax return in accordance with U.S. law once you acquire your green card, which gives you the right to reside and work in the country permanently. You can find more information on permanent residence, including your rights and responsibilities, on the USCIS website.

You can research the privileges and responsibilities of holding a green card, such as sponsoring your children for their green cards.

If you use Citizen Concierge to compile your adjustment of status documents, you’ll receive specific filing instructions customized for your responses. You’ll be aware of what paperwork must be submitted and where it should be sent. Plus, they have a ready-to-assist support staff. Best of luck!