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The Ultimate Guide To Form I-485 Applications

The opportunity of getting an EB-5 visa and obtaining permanent residency in the United States is an exciting journey toward your new life.

However, the multiple forms and lengthy application processes can be challenging to navigate.

One of the most important forms in the visa application process is an I-485.

This form is an essential part of getting your visa and securing your future in the U.S., so knowing how to file it correctly is crucial.

In this article, we’ll take a closer look at the purpose of this form, what you need to complete it, and everything else you can expect during the application process.

Summary

  • Form I-485 is an important document in the immigration process used to apply for permanent residency, thereby adjusting your immigrant status.
  • The form requires essential information like an applicant’s personal details, immigration history, and biographical data.
  • The application is typically filed with the assistance of an experienced immigration attorney to ensure a smooth process.
  • It can take up to 14 months for the application to be processed and approved or denied.

 

What Is Form I-485?

Form I-485—also known as the Application to Register Permanent Residence or Adjust Status—is an important document in the immigration process.

It’s used as the official application for an individual to adjust their status from nonimmigrant to permanent resident and includes essential information like:

  • Personal details.
  • Immigration history.
  • Biographical data.

The form also requires supporting documents that are meant to enhance a person’s eligibility for permanent residency.

This form can only be filed by EB-5 investors who already hold a nonimmigrant visa, such as an H-1B, F-1, E-2, etc.

How much does it cost to file an I-485 application?

The filing fee for Form I-485 varies, depending on your age and individual circumstances. We’ve set these categories apart in the table below.

Form Fee Biometric Services Fee Total
Applicants under the age of 14 filing with the Form I-485 of at least one parent $750 $0 $750
Applicants under the age of 14 filing without the Form I-485 of at least one parent $1,140 $0 $1,140
Applicants aged 14-78 $1,1140 $85 $1,225
Applicants aged 79 and older $1,140 $0 $1,140
Applicants filing Form I-485 based on having been admitted to the U.S. as a refugee $0 $0 $0

According to the United States Citizenship and Immigration Services (USCIS), these fees are payable with cash, check, or credit card.

The filing fees must also be paid when you file your application, and amounts can’t be settled at a later date.

Key Point: What Is The Difference Between Form I-485, Form I-765, and Form I-131?

These three forms are all essential parts of the immigration process in the U.S.

Form I-485 is used to apply for lawful and permanent residency in the country, adjusting your status from nonimmigrant to immigrant.

Form I-765 is used to request permission to work in the U.S. for certain categories of immigrants and individuals who want to adjust their status.

Form I-131 is a travel application that is used to request a reentry permit, advance parole or refugee travel documents for individuals who are busy with the application process.

Each form is used for a specific purpose, depending on an individual’s immigration, employment, and travel status and permissions.

How Do You Complete An I-485 Form?

When completing a Form I-485 application, it’s important to pay attention to detail and ensure that you do everything correctly.

What are the requirements for filing an I-485 application?

Before filing an I-485 application, it’s essential that you have the following information and documents:

  • Personal information such as your name and date of birth.
  • Biographical information.
  • Alien registration number.
  • Copies of your passport and immigration-related documents.
  • Address and employment history for the most recent five years.
  • Additional forms, as required by the USCIS.
  • Government-issued photo ID.
  • Passport-style photos.
  • Birth certificate.
  • I-94 arrival and departure record.
  • I-797 Notice of Action.
  • Proof of lawful status.
  • Proof of eligibility.
  • Any criminal history records.
  • Medical records.
  • Biometric records.

Depending on your individual situation, you may be required to submit additional documents and evidence to the USCIS.

It’s important to check with your immigration attorney or the USCIS website to ensure you’ve met all the requirements.

This form is typically prepared with the assistance of an immigration attorney.

Step-by-step instructions for completing Form I-485

Step 1: Read the instructions

Start your application by carefully reviewing the filing instructions provided with Form I-485.

Familiarize yourself with the requirements, eligibility criteria, and supporting documents you must include in your application before you start filling out the forms.

Step 2: Gather the necessary documents

Collect all of the required documents, photocopies, and other supporting evidence that you will need based on your immigration category.

Step 3: Complete the form

Fill out the form accurately and legibly. Ensure that your information is entered in the correct places, and attach your supporting documents where necessary.

Be thorough and double-check that you’ve completed all of the required sections.

Step 4: Include your supporting evidence, review, and sign

Attach the required supporting documents as specified in the form’s instructions. This may include copies of your passport, birth certificate, financial records, and any other evidence related to your case.

Review your form for accuracy, and sign where indicated. It’s also advisable to make copies of your forms as proof of application.

Step 5: Pay the filing fee

Once you’ve completed the form and attached the supporting documents, you can submit your application along with the applicable filing fees.

Make sure to check the USCIS website or consult with an immigration officer to determine if the current fee amounts are still the same. They can also tell you which payment methods are accepted.

Ensure that you keep the receipts for this transaction to act as proof of payment and application.

What is the I-485 direct filing address and deadline?

There is no set date by which you must file your Form I-485. The deadline for filing your application will depend on your specific circumstances and immigration category.

In most cases, you’ll need to file your form as soon as your employer or family member submits an immigration petition to the USCIS on your behalf.

You can also visit the USCIS website to determine the deadlines for filing your petition.

The direct filing addresses and other requirements are available on the USCIS website.

Common Issues and Mistakes To Avoid When Filing An I-485 Application

When filing your I-485 application, there are a few common mistakes that you should try to avoid.

Issues with your forms can cause a delay in your application which prolongs the rest of the process you need to complete to get a green card.

Below are a few errors to avoid:

  • Incomplete or inaccurate information: Ensure that all of the sections of your form are filled out completely and accurately. Double-check your information to avoid errors or inconsistencies.
  • Missing supporting documents: Submit all of the required documents as outlined by the instructions. Failing to include your documents can cause delays or even a complete rejection of your application.
  • Incorrect filing fees: Ensure that you pay the correct filing fee as well as any additional fees for other services, like biometrics. You should also use an acceptable payment method.
  • Inconsistent or conflicting information: Double-check that your information aligns with previous applications, petitions, or supporting documents. Inconsistencies can raise red flags and may lead to a denial of your application.

What Happens After You’ve Filed Your I-485?

After you file your I-485 application, there are a number of things you need to do and look out for. Let’s take a look at what those are:

  • Receipt notice: Once you’ve filed your application, the USCIS will issue a receipt notice known as Form I-797. This is to acknowledge your application and indicate that it’s been received. The notice will also include a unique receipt number that you can use to track the status of your case.
  • Biometrics appointment: The USCIS will schedule a biometric appointment for you where you will provide your fingerprints, photograph, and signature. This information will be used for background checks and identity verification purposes.
  • Request for evidence (RFE): If the USCIS requires additional evidence to process your application, they will issue an RFE. You will be given a specific period of time to submit the requested documentation.
  • Interview: Depending on the circumstances and eligibility category you’re applying under, the USCIS may require you to attend an interview. During the interview, you’ll need to verify the information in your application.
  • Decision: After you’ve completed the necessary steps, the USCIS will make a decision on your application. If you receive an approved form, you will be issued a green card (Form I-551) as evidence that you’ve been granted lawful permanent residence status. If additional information is required or there are concerns about your application, the USCIS will notify you of their intention to request additional documents or deny your application.
  • Apparel or administrative review (if necessary): iI your application has been denied, you may have the option to file an appeal or request a review, depending on your circumstances.
  • What is the processing time for an I-485 application?

    The processing time for an I-485 application can vary, depending on several factors. This usually includes the USCIS workload and the complexity of your case.

    To check the current processing times for Form I-485, you can visit the USCIS website and navigate to the “Check Case Processing Times” page.

    There, you can select the appropriate form, field office, and filing date to get an estimate for your application.

    The USCIS may allow requesting premium processing for certain applications. It’s recommended to speak to an immigration advisor to determine if you qualify.

    How will I know if my application was successful?

    The USCIS will notify you of their decision by mail. If your application is approved, you’ll receive an approval notice and a green card (Form I-551) as evidence.

    They may also update the status of your case online, so you can track the progress using the receipt number on your Form I-797 notice.

    It’s important to regularly check the status of your case, respond to any requests from the USCIS, and consult with your immigration advisor if you have any questions or concerns about your application.

    Can You Work or Travel While Your Application Is Pending?

    Whether you can work and travel while your I-485 application is pending depends on a couple of factors. Here’s what you need to consider:

    • Employment authorization: ​​If you have filed Form I-485 and meet certain criteria, you may be eligible to apply for an Employment Authorization Document (EAD) by submitting Form I-765. If your EAD is approved, you can work legally in the U.S. while your application is pending. It’s important to note that you must have a valid EAD to work, and you can’t start working until it’s been approved and in your possession.
    • Travel authorization: If you meet certain criteria, you could apply for Advance Parole (AP) by submitting Form I-131. If your AP is approved, you can travel outside the United States and re-enter while your I-485 application is pending. It’s crucial to obtain an AP document before traveling, as leaving the country without it may result in the rejection of your I-485 application.
    • Expired visas: If your nonimmigrant visa has expired before you file your I-485 application, you may lose the ability to maintain lawful status in the U.S. It’s crucial to consult with an immigration attorney to understand the implications of an expired visa and any potential risks associated with employment or travel. This will also help you to ensure that you file your I-485 application before the expiration date.

    Do You Need An Attorney To File an I-485?

    Although you can file your I-485 application by yourself, it’s often recommended that you seek professional help.

    These application processes can be complex, and they can be difficult to navigate if you’re not familiar with them.

    Immigration attorneys can provide you with valuable guidance that can help you understand your eligibility requirements, how to prepare your supporting documents, and when to complete your form.

    They can also ensure that your application is accurately completed, minimizing the risk of errors or omissions that could lead to processing delays or even rejection.

    Attorneys can be especially helpful if you have a complicated case or if there are additional concerns that need to be addressed.

    Let EB5AN Help You Secure Your Future In The United States

    At EB5AN, we know how important it is to file Form I-485 correctly and understand how overwhelming it can be if you’ve never done it before.

    That’s why we offer professional, personalized support throughout your I-495 application process.

    Our team of experienced immigration professionals specializes in the immigration process and can guide you through every step of the way.

    We invite you to learn more about how EB-5 investors can file Form I-485 concurrently with their initial EB-5 petitions, thus adjusting their immigration status to “pending”.

    Visit our website or contact us to learn more about how we can support you during your immigration journey. Don’t hesitate to reach out and let EB5AN help you secure your future.