What is Form I-485, Adjustment of Status?
Some immigrants are eligible to file for an adjustment of status. An adjustment of status is a process that allows certain immigrants who entered in a non-immigrant status to adjust to a legal permanent resident without leaving the United States. It can also include certain other immigrants that are out of status or who entered without permission of the government. An immigration attorney can help you decide whether you qualify for an adjustment of status.
Filing form I-485
If you are eligible for an adjustment of status then you would file Form I-485, Application to Register Permanent Residence or Adjust Status. Form I-485 is the USCIS form you will need to file in order to change your U.S. immigration status to permanent resident status.
If you entered the U.S. legally as a nonimmigrant and if you meet all the requirements for a green card in one of the following categories, you may be eligible to adjust your status.
- Family relationship (through an approved Form I-130, Petition for Alien Relative)
- Employment (through an approved Form I-140, Immigrant Petition for Alien Worker)
- Fiancé(e) visa (K-1 visa) (through an approved Form I-129F, Petition for Alien Fiancé(e), after you are married to the sponsoring U.S. citizen)
- Asylum or refugee status
- Cuban citizenship/nationality
Requirements and Categories
You must meet all the requirements for permanent resident status in the U.S. to get a green card through adjustment of status. The above-mentioned categories have specific criteria that needs to be met to file an application for adjustment of status.
Additionally, there are other categories where you may need to file a form I-485. Some of them include:
- Immigrants that are applying INA 245(i) as a beneficiary of a petition filed on or prior to April 30, 2001
- An immigrant that has been paroled into the United States
- An immigrant with a valid u visa
- A registry applicant
Whether you are eligible to apply for an adjustment of status is a complex question that can be circumstance specific. We recommend that you speak to a qualified attorney prior to determine your eligibility. A wrong decision can cost you filing fees, time, and possibly get you deported from the United States. Please contact us at 855-554-6369 if you need help deciding if you are eligible for an adjustment of status.
What Happens If You Are Ineligible?
If you are ineligible for adjustment of status, you must go through consular processing. To go through consular processing at an overseas U.S. Embassy or a U.S. Consulate, you must have an approved immigrant petition filed on your behalf. You can apply for an immigrant visa once a visa becomes available in your category.
The filing fee for Form I-485 is $1,140.00 and an additional fee of $85.00 for biometric services may apply. There may also be other government fees that are applicable to your situation. Please contact us at 855-554-6369 if you are interested in a consultation.