An applicant (relative or husband or wife getting their green card)
can file an I-485 based on seven major categories (as listed on the form): family-based, employment-based, special immigrant, asylum or refugee, human trafficking victim or crime victim, special programs, and additional options.
Who can file for adjustment of status?
To be eligible for adjustment of status,
an alien
must meet the following criteria: The alien must be physically present in the United States. If the alien does not reside in the United States, he/she cannot adjust status in the U.S. and must go through immigrant visa processing at a U.S. consulate abroad instead.
When can one file I-485?
Based on an employment-based immigrant petition (Form I-140), you may file Form I-485 once you:
Have an approved Form I-140 AND an immigrant visa number is immediately available to you
; or. Are filing the application with Form I-140 AND an immigrant visa number will be immediately available to you.
Is I-485 same as green card?
Certain foreign nationals inside the United States use Form I-485, Application to Register Permanent Residence or Adjust Status, to apply for a green card
. “Adjustment of status” is a common term used to describe a change in U.S. immigration status to permanent residence (green card holder).
Can employee file I-485?
When the application is approved by DOL, the employer may then file a Form I-140 on behalf of the employee with USCIS.
If the I-140 is approved by USCIS, the individual may file Form I-485 Application to Register Permanent Resident or Adjust Status
and it will be processed once a visa becomes available.
Can I file I-485 online?
You can file Form I-485 either online or by mail
. To submit your form online, you should create a MyUSCIS account on the U.S. Citizenship and Immigration Service (USCIS) website. You can then receive all updates on your application through your alien registration number (a-number).
Can I file Form I-130 and I-485 together?
When I-130 and I-485 Can Be Filed Concurrently
Filing Form I-130 and I-485 concurrently means that you submit both applications at the same time, together with the necessary documentation and the filing fees
. This is also called “one-step adjustment” in some cases.
Can I petition my son over 21?
A U.S. citizen is able to sponsor his child over the age of 21 for a Family-based Green Card through Form I-130, Petition for Alien Relative
. A child over the age of 21 is not considered to be an immediate relative.
What is the difference between I-140 and i-485?
Generally, if an I-140 is filed seeking to classify a foreign national as an alien of extraordinary ability and a separate I-140 is filed requesting a national interest waiver for the same foreign national, he or she may submit, at the same time or subsequently, an I-485 with one of the I-140 petitions.
Can I-485 be approved before I-140 approval?
If I have already filed my I-140 petition, can I now file my I-485 application before the I-140 is approved?
Yes
. Anytime after you have received a “Receipt Notice” for your I-140 petition, you may file your I-485 green card application.
Where will my i-485 be processed?
If an I-485 is filed concurrently with an I-140 and a request for Premium Processing, all forms should be sent to either the Texas (Premium Processing, USCIS Texas Service Center, P.O. Box 279030, Dallas, TX 75227-9030) or Nebraska (Premium Processing, USCIS Nebraska Service Center, P.O. Box 87103, Lincoln, NE 68501- …
Can I file I-140 and I-485 together?
Can I file I-140 and I-485 concurrently? Yes, for some cases, USCIS does allow for the concurrent filing of Form I-140 Immigrant Petition for Alien Worker and Form I-485 Adjustment of Status application for employment-based green card preference categories, including EB-1, EB-2 and EB-3.
What is the purpose of I-485 form?
Form I-485, Application to Register Permanent Residence or Adjust Status, is used by a person in the United States
to apply for lawful permanent resident status
.
How much is Form I-485?
| If You Are… Form Fee Total | Under 14 and not filing with the I-485 application of at least one parent $1,140 $1,140 | Age 14–78 $1,140 $1,225 | Age 79 or older $1,140 $1,140 | Filing Form I-485 based on having been admitted to the United States as a refugee $0 $0 |
|---|
How long does it take for I-485 to be approved 2021?
After filing Form I-485, Application to Adjust Status, and related forms, your I-485 processing time can take anywhere from
8 to 14 months
. The basis of your adjustment of status (e.g. family, employment, asylum, etc.) will be a significant factor. This is an approximation.
Do I need a lawyer to file I-485?
Options for Preparing Form I-485
Depending on the case, attorney fees can be $1,500-$5,000 (not including USCIS fees). For individuals with complex situations, criminal offenses, or serious immigration violations, using an lawyer is the best option. But
most people with straight-forward situations don't need a lawyer
.
Can my old employer file 485?
You can only proceed with the I-485 with a new employer if you had an I-485 pending for at least 180 days. Under that scenario your new employer could submit the I-485J, but
if you have not previously filed an I-485, then the previous employer would need to sign the I-485J
.
Can I file I-485 without supplement J?
If you are filing Form I-485 together with a Form I-140 that names you as the beneficiary, you do not need to file Supplement J
. If you are filing Form I-485 based on a previously filed Form I-140, you must file Supplement J when: You initially file your employment-based Form I-485 with USCIS; or.
Who pays i-485 filing fee?
Typically the U.S. relative
pays the fee for the petition. But your relative may expect you to pay for it. USCIS has a reduced fee for a child (under 14) if the application is filed with the I-485 of at least one parent.
What happens after filing I-485?
Approximately 3-5 weeks after filing
After your I-485 is filed,
you will receive a notice in the mail about your biometrics services appointment, which will be held at a local Application Support Center (ASC)
. The notice will tell you the date, time, and location of your appointment.
What is the difference between I-130 and i-485?
The I-130 petition is simply asking the government to do something, but its process can lead many astray. As for the I-485,
this process is similar to the I-130, but concerns the eligibility of the immigrant / beneficiary of the petition
.
Can I file I 360 and I-485 together?
Eligible non-immediate relatives may file the Form I-360 concurrently with the Form I-485 only if an immigrant visa number is immediately available
.
What supporting documents do I need for i-485?
- Government-Issued Photo ID. …
- Passport-Style Photos. …
- Birth Certificate. …
- I-94 Arrival/Departure Record. …
- I-797 Notice of Action. …
- Proof of Lawful Status.
Can I file I 131 with I-485?
File Form I-131 After Filing Form I-485
If you have already filed Form I-485 and it's still pending with USCIS, you may file Form I-131 without a fee
.
How long does it take for a mother to file for her child over 21?
On average, you can expect to wait around
3-4 years
to receive an I-130 petition approval as the unmarried son or daughter over age 21 of a U.S. citizen or green card holder.
Can minor U.S. citizen sponsor parents?
A U.S. citizen who is at least 21 years or older may also petition for the following relatives: Parents; • Brothers or sisters
. When you submit your petition, you are required to provide evidence to prove your relationship to the person for whom you are filing.
What is the minimum income to sponsor an immigrant 2021?
How to meet the U.S. government's financial sponsorship requirements. The most common minimum annual income required to sponsor a spouse or family member for a green card is
$22,887
.
