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.
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 varied by petition type. USCIS list the different categories eligible to use form I-485 on their website.
A common mistake in other guides is to cite the time taken to process Form I-485 is that
given on the USCIS 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 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 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 Service Center you applied to. You can check processing times for your USCIS Service Center using this 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.
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 13-digit USCIS Form I-485 receipt number on hand so that your request can be forwarded to the correct office.
The sooner you get started on your I-485 application, the better. With Boundless, all the required forms listed above turn into simple questions you can answer in under two hours. Get started today.
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 (see the filing fee section of the I-485 instructions for details).
Not sure what costs to expect? Boundless’ USCIS fee calculator can help determine the exact government fees for your application. We also help you pay your costs in installments, so you can get started now and pay later. Create a free account to use our fee calculator and explore your payment options.
Form I-485 Eligibility
Who can file Form I-485?
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
- Additional options
The I-485 further divides these seven categories into 27 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 have entered the United States on a valid visa. 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).
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’ve 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.
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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. If you don’t have all of your documents on hand, don’t worry! The good news is you can get started on your application now, while you gather your supporting documents.
The following must be included with a marriage-based I-485 application:
- Proof that the spouse entered the United States using a valid visa, demonstrated by a copy of this prior visa and the I-94 travel record (available here).
- 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 (copy of the sponsoring spouse’s latest federal income tax returns and pay stubs)—for more details, see our explanation of the “Affidavit of Support.”
- If the spouse seeking a green card has ever been arrested, proof that there was no conviction (certified copy of the court record).
- The spouse seeking a green card must also include a medical examination performed by a USCIS-approved doctor. You can find one in your area by 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 petition is a very important step in any green card application process that’s based on a family relationship. You should think of the I-485 as an opportunity to prove that you are eligible for a green card.
Starting at $649, Boundless helps you complete your entire green card application — including all required forms and supporting documents, independent attorney review, and support — from the moment your application is filed until you receive your green card. Learn more, or check your eligibility without providing any personal or financial information.
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-approved doctor. Some applicants forget to submit the required Form I-693, leading to delays. You must submit the medical exam with your I-485.
- Not Maintaining Legal Status: If you’re applying for adjustment of status, make sure you’re maintaining legal immigration status throughout the process. Falling out of status while your I-485 is pending could jeopardize your application.
- 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.
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Related Information
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 worlds 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 |
