Form I-485, Explained
A GUIDE TO THE TIMELINE, COST, AND REQUIREMENTS TO FILE THE “ADJUSTMENT OF STATUS” FORM
What is USCIS form I-485 (Adjustment of Status)?
USCIS Form I-485, officially titled “Application for Adjustment of Status,” is a key document used in the family-based green card process. After submitting Form I-130 (Petition for Alien Relative), the next step is to file Form I-485. This form allows eligible individuals already in the United States to apply for lawful permanent resident status (a green card) without needing to return to their home country. For marriage-based green cards, Form I-485 is essential for proving that the foreign spouse qualifies for U.S. permanent residency.
Purpose of Form I-485
The main goal of Form I-485 is to demonstrate the eligibility of the foreign spouse (known as the “applicant”) for permanent residency in the U.S. The form collects detailed information about the applicant’s background, including their entry into the U.S., immigration history, and any potential disqualifying factors.
Filing Process and Concurrent Filing
If the foreign spouse is already in the U.S., they may be able to file Form I-485 simultaneously with Form I-130. This is known as “concurrent filing.” This process is available when the foreign spouse is married to a U.S. citizen or, in some cases, a green card holder, and they meet the eligibility requirements for adjustment of status.
I-485 Timeline
Form I-485 processing times
The processing time for Form I-485 in family-based applications ranges from 10 to 23 months. This timeline can vary based on several factors, including the USCIS field office handling the application and the specific category of adjustment.
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.
Expedited Processing for I-485
Premium processing is not available for Form I-485. However, applicants may request expedited processing in certain situations through the USCIS Contact Center. To do this, applicants need their 13-digit USCIS receipt number.
Cost of Filing I-485
The government filing fee for an I-485 application is $1440. 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).
The filing fee for Form I-485 is currently $1,440. This fee may be reduced or waived in some cases, as detailed in the I-485 instructions. Starting April 1, 2024, the fee will remain $1,440.
The cost to file a standalone Form I-485 will increase from $1440 to $1440 on April 1, 2024. Learn more about USCIS’ upcoming fee changes here and get started on your application with Idocs now to avoid higher filing costs.
Eligibility for the I-485
Applicants can file Form I-485 under seven major categories, including family-based and employment-based adjustments. For a marriage-based green card, the foreign spouse must be physically present in the U.S., have entered with a valid visa, and have an immediately available immigrant visa.
Ineligibility for the 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.
Supporting Documents for the I-485
Applicants must submit supporting documents with their I-485 application to prove eligibility.
- These include:
- Proof of nationality (birth certificate and passport)
- If ever arrested, proof that there was no conviction (certified copy of the court record).
If the spouse seeking a green card has ever been arrested, proof that there was no conviction (certified copy of the court record).
Special Issues: Public Charge
A new version of Form I-485 was released in December 2022 to assess whether applicants are likely to rely on public benefits.
- The Biden administration's updated public charge rule includes questions about
- Size of their household
- Annual household income
- Total value of household assets
- Total value of household liabilities
- Highest degree or level of education completed
- List of certifications, licenses, work skills, educational certificates
- Ever received general assistance from the government, such as Supplemental Security Income
- Has ever been institutionalized for 30 days or more at the government’s expense
I-485 FAQs
Where you should mail your I-485 application depends on where you live and your category of adjustment. USCIS provides a chart with all the different scenarios.
If you are helping a relative apply for a green card, Form I-485 (“Application for Adjustment of Status”) is the second step in the family-based green card process after submitting Form I-130 (“Petition for Alien Relative”). If you are the spouse, parent or unmarried child under the age of 21 of a U.S. citizen, you can file these two forms at the same time.
Form I-485 can also be useful for other types of green card applications. Since the purpose of Form I-485 is to adjust your status, it can also be used if you have already entered the United States either with a valid visa or through the Visa Waiver Program, or if you are eligible to apply for a green card through a job offer or on humanitarian grounds.
You must file Form I-485 via mail to a USCIS service center. If you and your relative are filing Form I-130 and Form I-485 together, you can still file Form I-130 online, but you must physically send Form I-485 to the correct USCIS Service Center.
Your spouse or relative must be physically in the United States to file Form I-485. If they are outside the United States, then they may be eligible to apply using consular processing.
If you need to travel outside of the United States while your I-485 is still being processed, then you will need to file Form I-131 (“Application for Travel Document”). If you travel without this, USCIS may believe that you have abandoned your I-485 application and reject it.
Sometimes, you can file Form I-131 and Form I-765 (“Application for Employment Authorization”) together, either with your I-485 application or afterwards. USCIS will process these together and give you a combined work and travel permit. This is officially called an Employment Authorization Document (EAD)-Advanced Parole card. This card will allow you to travel outside the United States and also work while you wait for your green card application to be processed.
You can check the status of your I-485 application online or over the phone. In both cases, you will need your 13-digit USCIS case receipt number. You can find this number on any correspondence you have had with USCIS. old.
Form I-485 can be rejected for any number of reasons. Sometimes, it may be denied because some of the required documents were missing. If your I-485 is denied, you may be able to appeal the application. You can also choose to restart your application.
If you have filed Form I-485 and you wish to work while your green card application is still pending, then you will need to apply for a work permit, or an Employment Authorization Document (EAD).
To do this, you will need to file Form I-765. You can send this form at the same time as you file Form I-485, or at any time while your application is still processing. In most cases, your work permit will be processed in less than 12 months, and you can begin working as soon as you receive it.
Since the work permit is valid for a year, sometimes you may need to renew it while still waiting for your green card to be approved. If this happens, you can submit a new Form I-765.
If your relative has filed Form I-130 but you’re not eligible to apply for a green card yet, you cannot apply for a work permit.
If you are the spouse of a U.S. citizen and have lawfully entered the United States, you can file Form I-485 to adjust your status and start your journey towards becoming a green card holder.
If you are the fiancé(e) of a U.S. citizen, you can file Form I-485 if you entered the United States on a K-1 nonimmigrant visa and married the same U.S. citizen who filed Form I-129F, (Petition for Alien Fiancé(e)) for you within 90 days of arriving in the United States. Once you are married, USCIS considers you to be an immediate relative, and you can apply for a marriage-based green card.
If you are the fiancé(e) of a U.S. citizen, you can file Form I-485 if you entered the United States on a K-1 nonimmigrant visa and married the same U.S. citizen who filed Form I-129F, (Petition for Alien Fiancé(e)) for you within 90 days of arriving in the United States. Once you are married, USCIS considers you to be an immediate relative, and you can apply for a marriage-based green card.
If you are applying for a marriage-based green card, you can file Form I-485 at the same time that your U.S. citizen spouse files Form I-130. You can also do this if you are an immediate relative of the U.S. citizen who is filing Form I-130 on your behalf, for example, if you are the parent of the petitioner, or you are their unmarried child and you are younger than 21 years old.
If you are applying for a family-preference green card or an employment-based green card, sometimes a visa may not be immediately available. In this case, you will need to wait after USCIS has approved the Form I-130 petition, and an immigrant visa number is available. You will be able to track this on the monthly visa bulletin published by the U.S. Department of State.
When you file Form I-485, USCIS may request biometric information to confirm your identity and run a background check.
As the beneficiary, you will also need to answer questions about your criminal history, both inside and outside the United States. If you have a criminal record, things may get complicated, but it does not necessarily mean your green card application will be denied.
If you have filed Form I-485 to adjust your status through an offer of employment but wish to change jobs, you may still be eligible to apply for an adjustment of status through your new role, if the new job is similar.
To request job portability, you can file Form I-485 Supplement J, which will require both you and your new employer to submit information. You should file this at the same location where you filed Form I-485.
Form I-485 is used when the person who is applying for their green card is already in the United States. If they are outside the U.S., then they may find it more convenient to apply for a green card through consular processing. While eligibility requirements for both are similar, both processes are quite different, with separate forms and costs involved.