1.
Adjusting to United States Permanent Resident
After
your I-140 approval, the
Form I-485 is used to apply to the Bureau of Citizenship and Immigration
Services (USCIS) to adjust to permanent resident.You
may apply to adjust your status if an
immigrant visa number is immediately available to you, based on an approved
I-140 Form.
An adjustment of status application is filed by a beneficiary of an approved immigrant visa petition.
The adjustment application is filed after the receipt of an immigrant visa approval notice from the
USCIS.
When
you send your I-485 application to USCIS, you
may also submit the I-765 form
for Employment Authorization Document
(EAD) application, if you want to work
in the United States while your I-485 application is being processed.
If
you have applied for adjustment of status and want
to travel
abroad while
the I-485 case is pending, you
may need permission to return to the United States before
traveling abroad. If you do not apply for Advance Parole before you leave the
U.S., you may be abandoning your application with the
USCIS,
and upon your return you may be refused admission to the United States.
2. The
Adjustment Applications for Dependent Children or Spouse
You must have a residential address in the United States to file an
I-485 adjustment application. The adjustment applications may be filed by dependent children or spouses in the United States
with the principal immigrant visa beneficiary. The dependent family members may adjust at the same time as, or any time after, the principal immigrant
adjustment. The dependent family members overseas must request a "following to join" immigrant visa processing through a U.S. embassy or
a consulate.
If
you have spouse
or child in the United States, your spouse/child may file their Form I-485 adjustment of status applications concurrently
with
your Form I-485, or file the Form I-485 at
anytime
after your I-485 is approved, if a visa number is available. If
your spouse
or child is not in the United States, you
should file the Form I-824, Application for Action on
an
Approved Application, concurrently with
your
adjustment
of status application to allow
your spouse
or child to immigrate to the
United
States without delay, if your adjustment of status
application
is approved.
You
need to attach a copy of the I-140 approval
notice, which makes a visa
number
immediately available to you. The
I-485 filing fee is required for each applicant. A
separate fee for fingerprinting may also be required when the applicant is
present in the United States.
3.
The I-485 Adjustment Process
The I-485 adjustment process involves the investigation of an individual's identity, health, criminal background, and
the ability to support
him or herself in the United States. The employment-based adjustment applications must be filed
at a USCIS Service Center. The family-based adjustment applications are filed at
a local
USCIS district office.
Which USCIS Service Center or district office has jurisdiction is determined by the
applicant's residential address. The interviews are usually waived for employment-based immigrants, but can be required at the discretion of the
USCIS. The interviews will probably be required for adjustment applicants who have failed to maintain
a legal nonimmigrant status.
There is a Form I-485 filing fee for anyone 14 years of age or over. For applicants under
the age of 14, the fee is reduced. Except for the spouses of U.S. citizens, any adjustment applicant who has failed to maintain
a legal status may only adjust to the permanent resident by
a payment of an additional penalty fee and if a permanent resident application was started before April 30, 2001. This fee is
$1,000 per person for applicants 17 years and older.
To help
your I-485 Application, we designed a "Complete Do-It-Yourself
Package for I-485 Application",
based on our practical and case-proven immigration experience.
You will find our package to be very helpful. With the package, you get all the information you need and step-by-step
knowledge of how to adjust your status and obtain your Green Card.
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