1.
Adjusting to United States Permanent Resident
After
your I-140 petition approval, the
Form I-485 is used to apply to U.S. Citizenship and Immigration
Services (USCIS) to adjust your status to U.S. 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
an immigrant visa number becomes available, you can file an I-485 Adjustment of
Status application to adjust your status from non-immigrant status to U.S. permanent
resident. You need to provide personal information and your dependent
information to the USCIS, and USCIS will use the information to determine if there is any
reason why permanent residence should not be granted.
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 and your spouse want to work
in the United States while your I-485 application is in process.
If
you have applied for adjustment of status and want
to travel
abroad while
the I-485 application is pending, you
may need permission to return to the United States after traveling abroad. If you do not apply for Advance Parole before you leave the
U.S. and your current status in U.S. is not H or L, you may be abandoning your
I-485 application with the USCIS,
and upon your return, you may be refused admission to the United States.
2.
The General Requirements of I-485 Application and an Applicant's Prior
Inspection
The
I-485 application of adjustment of status refers to the procedure for becoming a lawful
U.S. permanent resident without having to leave the United States. It should be distinguished from the traditional method of gaining permanent
residence which involves applying for an immigrant visa at a U.S. consular abroad.
Adjustment of status is discussed at §245 of the Immigration and Nationality Act ("INA"). According to INA §245(a), the status of an alien who was inspected and admitted or paroled into the United States may be adjusted.
An alien
applicant can be lawfully adjusted as U.S. permanent residence if:
-
the alien makes an
I-485 application for such
adjustment;
-
the alien is eligible to receive an immigrant visa, and is admissible to the United States for permanent residence, and
-
an immigrant visa is immediately available to
at the time that the I-485 application is filed.
An immigrant visa must be immediately available to the alien at the time his or her
I-485 application for status adjustment is filed. The Department of State's Visa Bulletin shows the priority date for each immigrant category. If an adjustment application is properly filed at the time that the individual's visa priority date is current but the priority subsequently retrogresses before the case is adjudicated, the adjustment cannot be completed.
The
basic eligibility for adjustment of status requires the applicant's prior inspection and admission or parole into the United States. The USCIS officer must have a "full and fair opportunity" to conduct the inspection before the alien is considered "inspected". An alien who enters
U.S. based on an intentional false claim
will not be considered as being "inspected."
The
"admission" occurs when the inspecting officer informs the alien that
he or she is admissible and is permitted to pass through the port of entry. Generally, the alien's I-94
or the USCIS stamp in the alien's passport are proof of inspection and admission. However, a sworn affidavit or a copy of the alien's airplane ticket may be used where an I-94 or admission stamp is not ordinarily issued to the alien,
such as for visa-exempt aliens.
3. The
I-485 Adjustment Applications for Dependent Children or Spouse
You must have a residential address in the United States to file an
I-485 status adjustment application. The adjustment applications may be filed by dependent children or
spouse 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 and 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 filed, 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.
You
need to attach a copy of the I-140 approval
notice, which makes a visa
number
immediately available to you and your family members.
An 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.
4.
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.
Which USCIS Service Center with 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.
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 file an I-485 application to adjust your status in
United States, and obtain your Green Card.
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