Navigating the eligibility criteria for Form I-485 is crucial for applicants who wish to register for permanent residence or adjust their status in the United States. The following subsections detail the specific requirements that must be met.
An individual must be physically present in the United States to adjust status. They should have entered the country lawfully and seek to adjust their status to that of a lawful permanent resident. Specifically, they must file the Application to Register Permanent Residence or Adjust Status (Form I-485), often concurrent with an approved immigrant petition.
The immigrant petition, such as Form I-130 (for family-based petitions) or Form I-140 (for employment-based petitions), must be valid and approved. This petition serves as a foundation for the I-485 application, establishing their eligibility for an immigrant visa.
Applicants must meet all admissibility requirements as outlined by immigration law. This includes but is not limited to clearances through health, criminal background checks, and national security. Applicants found inadmissible may be denied unless eligible for a waiver or other forms of relief provided under the law. Any documents submitted must be in English or accompanied by a certified translation. Explore How To Write An I-485 Cover Letter for valuable insights into crafting a compelling application.
Applicants must accurately complete Form I-485 and pay the associated fees to successfully apply for permanent residence. Each cost is prescribed by USCIS and varies based on age and whether the applicant falls under certain exceptions or special adjustment programs.
Form I-485, titled “Application to Register Permanent Residence or Adjust Status,” is the primary form used by applicants to apply for lawful permanent residence in the United States. Users should ensure they fill out the most current version of the form as provided by USCIS. As of December 23, 2022, applicants must use the edition dated 12/23/22 or their application may be rejected.
The filing fee for Form I-485 varies based on the applicant’s age and other factors. The standard fees are as follows:
Exemptions and reductions may apply to select applicants based on specific guidelines laid out by USCIS.
Applicants between the ages of 14 and 78 are required to pay a biometric services fee of $85. This fee covers the cost of fingerprinting and other biometric identification services. Certain applicants may have this fee waived, depending on the category under which they are applying.
When applying for adjustment of status using Form I-485, applicants must provide sufficient evidence to establish their identity and to provide proof of their nationality. This includes government-issued identification, birth certificates, and valid passports. These documents are essential to demonstrate eligibility for permanent residency.
Applicants are required to provide a copy of an official identification document. This could be:
The identification should clearly show the applicant’s name, photo, date of birth, and the document’s expiration date.
The birth certificate serves as a crucial piece of evidence for the applicant’s date and place of birth. Applicants must submit:
If the document is not available or does not exist, secondary evidence may be necessary.
A valid passport is necessary for verifying an applicant’s country of citizenship. Applicants need to provide:
The passport should be unexpired at the time of submission. Check how can I file a form I-485 with an expired passport.
In the process of adjusting status to permanent resident, applicants must demonstrate they have maintained lawful immigration status. These documents provide proof of legal entry and authorization to be in the United States.
The Nonimmigrant Visa is a document placed in the passport upon entry to the United States. This visa indicates the type and terms of legal status granted. Applicants include a copy of the current visa showing their nonimmigrant category.
The I-94 Arrival/Departure Record is an important form that indicates the applicant’s entry into the country and the period they are authorized to stay. It can be accessed and printed from the CBP website.
If the applicant has been issued an Employment Authorization Document (EAD), it serves as evidence of the permission to work legally in the United States. Applicants should provide a copy of the front and back of their EAD card.
Financial documents play a pivotal role in the I-485 application process, demonstrating the applicant’s financial stability and ability to support themselves without becoming a public charge.
The Affidavit of Support is a document where the petitioner (usually a family member) confirms their commitment to financially support the immigrant visa applicant. This is often required to show that the applicant will not rely on government assistance. The form used for this is Form I-864, which needs to be completed by the sponsor showing they meet the income requirements.
Federal Income Tax Returns from the most recent tax year are required to substantiate the sponsor’s income. Applicants must include transcripts or photocopies of the sponsor’s federal income tax returns for the latest tax year. This serves as proof that the sponsor’s income is sufficient to support the applicant in accordance with the Federal Poverty Guidelines.
When applying for an adjustment of status using Form I-485, employment-related documents are critical to demonstrate an applicant’s current employment situation and the job offer that underlies their eligibility for a status change.
A Job Offer Letter must be provided by the applicant as part of the employment-based adjustment of status application. This letter serves as proof of the existence of a bonafide job offer from a U.S. employer. It should include:
Employment Verification is typically presented through a letter from the current employer. This document confirms an applicant’s employment status and is important for determining whether the employment is in line with the visa classification being pursued. The letter should detail:
When applicants submit Form I-485 for Adjustment of Status, they must provide specific legal documents to substantiate their applications. These documents are vital to confirm the details provided in the application and to comply with immigration requirements.
Applicants who are applying for Adjustment of Status based on a marriage to a U.S. citizen or lawful permanent resident must include their Marriage Certificate. This document must be the official record issued by a governmental authority and should clearly show the names of both spouses, place of marriage, and the date when the marriage occurred.
For applicants previously married, they must provide Divorce or Death Certificates to establish the legal termination of all prior marriages. A divorce decree or a death certificate will verify the applicant’s current marital status and eligibility for Adjustment of Status based on a subsequent marriage, if applicable.
A Police Clearance Certificate may be required for applicants who have resided in any country for six months or more since turning 16. This document should indicate the applicant’s criminal record or the absence thereof in the jurisdiction where they resided. The certificate must be a recent one; different countries may have varied procedures and validity periods for such clearances.
When an individual applies for permanent residency in the United States through Form I-485, Application to Register Permanent Residence or Adjust Status, they are required to include the results of a medical examination. This medical report documents the applicant’s health status and immunization records, ensuring that they meet public health standards set by U.S. immigration law.
The report must be completed by a government-authorized civil surgeon on Form I-693, Report of Immigration Medical Examination and Vaccination Record. Applicants are advised to schedule their medical examination close to the time of filing their I-485 to ensure the report remains valid, as it typically retains evidentiary value for 2 years from the date the civil surgeon signs it.
It’s important for applicants to remember not to submit the medical examination results separately. These should be filed concurrently with their Form I-485 to avoid processing delays.
By following these instructions, applicants can ensure that their application process proceeds smoothly and without unnecessary delays.
When applying for adjustment of status using Form I-485, the applicant must provide supplemental evidence beyond the initial required documents. This additional evidence serves to substantiate the eligibility of the applicant for permanent residency.
The J Supplement is necessary for applicants subject to the two-year foreign residency requirement under Section 212(e) of the Immigration and Nationality Act. They must submit Form I-485 Supplement J to confirm a job offer with an employer in the United States or to request a waiver of the job offer requirement.
Waivers and Exemptions may be relevant for individuals who cannot meet the standard evidence requirements. To apply, individuals must complete the corresponding waiver forms or provide documentation supporting their exemption claims. Evidence of eligibility for such a waiver or exemption should be substantial and well-documented.
Any document contained in the application that is not in English must be accompanied by a full English translation. The translator must certify that the translation is complete and accurate, and that they are competent to translate from the original language to English. This certification should include the translator’s name, signature, address, and date of certification.
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