What Is USCIS Form I-485?
Form I-485 is used to request Adjustment of Status (AOS) from non-immigrant status to Permanent Resident (Green Card) Status.
Form I-485 is used in conjunction with a variety of other cases, including family and employment-based petitions.
For certain types of applications, it is possible to file the I-130 and the I-485 at the same time (a process known as “Concurrent Filing”).
Concurrent Filing has a number of advantages, including the ability to apply for the right to work in the United States.
2026 policy update — adjustment of status is now reviewed as discretionary relief. In May 2026, USCIS issued Policy Memorandum PM-602-0199, directing officers to treat adjustment of status as a discretionary, “extraordinary” form of relief rather than a routine step. It does not eliminate Form I-485, but it changes how I-485 applications are reviewed and what evidence applicants should prepare. See our guide to the USCIS adjustment of status discretion memo for the full explanation.
USCIS Policy Manual:
Form I-485 is a form issued by USCIS and is subject to adjudication by USCIS. The USCIS Policy Manual is the US Government’s “handbook” for officers adjudicating Form I-485. USCIS Policy Manual guidance for Form I-485 (Application to Register Permanent Residence or Adjust Status) is primarily
located in Volume 7.
The processing time for Form I-485 varies by petition type. USCIS lists the different categories eligible to use Form I-485 on their website.
Processing times for Form I-485 vary depending on your category of adjustment and
which USCIS field office is processing the application.
If you have filed Form I-140 for an employment-based adjustment of status, your I-140
must be approved first.
Form I-485 and the May 2026 USCIS Discretion Memo
Form I-485 is the application USCIS officers adjudicate when someone seeks a green card from inside the United States. In May 2026, USCIS issued Policy Memorandum PM-602-0199, which reframes adjustment of status under Section 245 of the Immigration and Nationality Act as a discretionary, “extraordinary” form of relief and instructs officers to apply heightened scrutiny.
The memorandum does not repeal any statute and does not eliminate Form I-485. Adjustment of status remains a lawful route to permanent residence. What it changes is how the application is reviewed: officers are directed to weigh positive and negative factors in the totality of the circumstances and to decide whether a favorable exercise of discretion is warranted. In practical terms, a Form I-485 should now be prepared as a thoroughly documented legal submission that affirmatively presents the positive factors in the case, rather than as a routine form package.
The practical effect varies by visa category. Holders of dual-intent visas such as H-1B and L-1 are in a comparatively stronger position, while applicants in single-intent categories, applicants with prior status issues, and applicants weighing adjustment of status against consular processing should review their options carefully.
For a full explanation of the memorandum — what it does and does not do, who is affected by visa category, the evidence to prepare, and how it interacts with travel on a pending I-485 — see our dedicated guide: The USCIS Adjustment of Status Discretion Memo (PM-602-0199). EB-5 investors should also see our analysis of EB-5 concurrent filing and the discretion memo.
Form I-485 to Green Card Timeline
Depending on your situation, the time it takes from filing Form I-485 to getting a green card can be anywhere from a few months to a few years.
Some factors affecting this process include your eligibility to adjust your status. If you are applying through a family-based process, then your relationship with the U.S. citizen or lawful permanent resident who has petitioned on your behalf will also affect how long things will take.
Another factor that will affect the I-485 to green card timeline is which USCIS field office is processing your application. You can check processing times for your USCIS field office using the USCIS processing times tool.
Which Gets Approved First, I-130 or I-485?
In most cases, the Form I-130 is approved before the Form I-485. The I-130 establishes the qualifying family relationship between a U.S. citizen or lawful permanent resident and the applicant. Once the I-130 is approved, the I-485 can be processed to grant the applicant a green card. For more detail on the underlying petition, see our Form I-130 guide.
However, if both forms are filed together (concurrent filing), especially in immediate relative cases, USCIS may process and approve them around the same time. The I-130 approval is generally a prerequisite for I-485 approval.
Expedited Processing for Form I-485
Premium processing is not available for Form I-485, but you may be able to request expedited processing through the USCIS Contact Center. Make sure to have your USCIS Form I-485 receipt number on hand so that your request can be forwarded to the correct office. USCIS sets out the criteria it applies on its expedite requests page.
The sooner you get started on your I-485 application, the better. If you would like experienced help preparing your filing, contact our immigration team to discuss your case.
Form I-485 Cost
The government filing fee for an I-485 application is $1,440. In some situations, the fee for an I-485 might be lower or waived entirely. USCIS fees change from time to time, so always confirm the current amount in the filing fee section of the official USCIS Form I-485 page and instructions before filing.
If you are unsure what costs to expect for your particular category, speak to our team for a clear breakdown of the government fees that apply to your case.
Form I-485 Eligibility
Who can file Form I-485?
An applicant 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
- Additional options
The I-485 further divides these seven categories into a number of sub-categories for clarity.
For purposes of a marriage-based green card, only a foreign spouse who is physically present in the United States can file an I-485 to apply for a green card. The spouse must generally have been inspected and admitted or paroled into the United States. In addition, an immigrant visa must be “immediately available” for the spouse. This means that Form I-130 must already have been approved (as in the case of the spouse of a green card holder) or the I-130 and the I-485 forms must be concurrently filed (as in the case of the spouse of a U.S. citizen). See our marriage adjustment of status guide for more detail.
Who cannot file Form I-485?
First, relatives or spouses who are not physically present in the United States cannot file the I-485. Second, even when they are physically present in the United States, there are some eligibility exclusions that prevent the filing of an I-485 application.
You typically cannot file an I-485 if:
- You entered the United States as a crewman;
- You entered the United States for transit purposes (i.e. on your way to another country);
- You were admitted to the United States as a witness or informant; or
- You are “deportable” because you were involved in terrorist activity or involved with a terrorist group.
In addition to the above eligibility exclusions, there are “inadmissibility” grounds that may prevent you from filing an I-485. This means that you are disqualified from receiving a green card based on certain factors specific to you. These disqualifying categories include:
- Health-related grounds (you have a disqualifying communicable disease or mental health condition)
- Criminal grounds (you were convicted of certain specific crimes)
- Security grounds (you are a threat to the national security of the United States)
- Violations of immigration law or procedure (you have previously broken U.S. immigration laws)
- Public charge grounds (you are likely to become dependent on public benefits)
- Other grounds (miscellaneous grounds such as entering the United States to practice polygamy, being an international child abductor, and voting unlawfully)
Depending on the family relationship or the category of green card, “waivers” may be available to remedy some of the above grounds of disqualification.
Do you have confidential questions about how your situation might affect your green card application? Contact our immigration attorneys to discuss your options.
Form I-485 Supporting Documents
The I-485 application needs to be filed with supporting documents to prove that the applicant is eligible for a green card. Under the May 2026 discretion memorandum, it is more important than ever to assemble a complete, well-organised evidence file.
The following are commonly included with a marriage-based I-485 application:
- Proof that the spouse was inspected and admitted or paroled into the United States, demonstrated by a copy of any prior visa and the I-94 travel record (available at the CBP I-94 Travel Record portal).
- Proof of the foreign spouse’s nationality (copy of a birth certificate and foreign passport).
- Proof of the sponsoring spouse’s ability to financially support the spouse seeking a green card, generally through the Affidavit of Support (Form I-864), with the sponsoring spouse’s latest federal income tax returns and pay records.
- If the spouse seeking a green card has ever been arrested, proof of the disposition of the matter (certified copy of the court record).
- A medical examination (Form I-693) performed by a USCIS-designated civil surgeon. You can find one using the USCIS find a doctor tool.
Secondary evidence
In the event that a required document is not available, you must submit alternative documents (officially called “secondary evidence”) so that USCIS can make a decision on your I-485 application.
For example, if your birth certificate is not available, you can first obtain a statement from the government agency in your home country that is in charge of issuing birth certificates, certifying that your birth certificate is not available through them. You can then submit alternative documents to prove the facts of your birth—essentially, the date and place of your birth, and the names of your parents. Such documents might include baptism records, school records, or census records showing your date of birth, place of birth, and your parents’ names.
If none of the above alternative documents are available, you can submit written statements from at least two people who were alive when you were born, and have personal knowledge about the facts of your birth. These statements could be from your grandparents, uncles, aunts, or even family friends. Each statement should include the author’s full name, address, and date and place of birth; all the facts about your own birth (date, place, and names of your parents); and an explanation of how the author has personal knowledge of these facts.
The I-485 application is a very important step in any green card application process. You should think of the I-485 as an opportunity to prove that you are eligible for a green card and, under the 2026 discretion memorandum, that a favorable exercise of discretion is warranted in your case.
Davies & Associates helps clients prepare complete, well-documented green card applications — including all required forms and supporting documents. To discuss your case, contact our immigration team.
Common Mistakes to Avoid When Filing Form I-485
- Incomplete or Inaccurate Information: Ensure that all sections of the form are fully completed and that the information is accurate. Missing or incorrect details, such as incomplete addresses or incorrect dates, can lead to delays or rejections.
- Not Submitting Required Supporting Documents: Form I-485 requires several supporting documents, such as a birth certificate, passport, and marriage certificate (if applicable). Failing to include these documents or submitting incorrect versions can cause delays. Make sure to provide copies of all required documentation, not originals, unless specifically requested.
- Failing to Sign the Form: A common oversight is forgetting to sign Form I-485. Unsigned forms are automatically rejected by USCIS, so be sure to sign where required.
- Using Outdated Forms: Always ensure that you are using the most current version of Form I-485, available on the USCIS website. Submitting outdated forms can result in rejection.
- Incorrect Filing Fee: Double-check the filing fee before submission, as it varies based on factors such as age and application category. Incorrect fees will result in your application being returned.
- Skipping the Medical Exam: Form I-485 requires a medical examination by a USCIS-designated civil surgeon. Some applicants forget to submit the required Form I-693, leading to delays.
- Not Maintaining Legal Status: If you are applying for adjustment of status, make sure you are maintaining legal immigration status throughout the process. Falling out of status while your I-485 is pending could jeopardize your application — a point made more important by the 2026 discretion memorandum.
- Not Updating USCIS with Address Changes: If you move while your application is being processed, you must inform USCIS within 10 days of the change. Failing to update your address can result in missing important notices, such as requests for evidence (RFEs) or your interview date.
About the Authors
Mark I Davies, Esq.
Chairman of Davies & Associates; focused on immigration strategy and complex adjustment of status filings.
Mark I Davies, Esq. JD, University of Pennsylvania Carey Law School, Licensed with the SRA (SRA ID: 384468) in the UK, Member Law Society of England & Wales, MBA, Wharton School of Business. Top 10 Investment Visa Lawyer, Licensed (USA), Georgia State Bar. AILA Member.
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Details |
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Education
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JD, University of Pennsylvania Carey Law School | MBA (Finance), The Wharton School, University of Pennsylvania | Chartered Accountant (ICAEW) |
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Financial Training
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Completed Analyst Training Program at a major international bank | Chartered Accountant background with professional training in financial analysis and reporting |
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Legal Practice
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Admitted to practice in Georgia (USA) | Registered Solicitor with the Law Society of England and Wales | Former CMBS lawyer at one of the world’s largest international law firms |
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Immigration Track Record
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15+ years advising HNW investors |
Zero denials for clients advised on source-of-funds compliance in EB-5 | Hundreds of successful immigration cases globally
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Recognition
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Named a
Top 25 EB-5 Immigration Attorney by EB5 Investors Magazine (2018–2023)
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Professional Engagements
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Lecturer/trainer for other lawyers at AILA, ACA, University of Pennsylvania Law School | Frequent speaker at global investment immigration conferences |
