Foreign nationals who seek to become lawful permanent residents of the United States must typically file Form I-485, Application to Register Permanent Residence or Adjust Status. This is one of the most important steps in the EB-5 Immigrant Investor Program.

An approved form means the applicant can get a U.S. Permanent Resident Card, more commonly known as a Green Card. This provides many benefits, including the right to live and work in the United States.

However, the application process can be tricky. Making a big mistake on Form I-485 could result in a processing delay at best or a rejection at worst. A denied I-485 means losing out on the benefits that come with U.S. permanent residence, as well as a great deal of time and effort. You don’t want to get this wrong.

In this article, we’ll explain the process of submitting Form I-485 step by step, and tell you who to contact to give your application the best chance of success.

Part 1: Information About You – Names, Addresses, and Arrivals

The first section requires your current legal name. If the name on your current passport has not changed, fill out this section with it spelled exactly as it appears on the passport.

If you have changed your name, provide written evidence that this was done legally. For example, if you got married, include a copy of the marriage certificate.

The second section requires that you provide any other names you have used since birth. If you once had a maiden name, write that out here.

In the section that requests your mailing address, provide one that you can regularly access to get correspondence from the United States Citizenship and Immigration Services (USCIS). This does not have to be your residential address. You can use a P.O. Box if you prefer.

You must also identify the port of entry in the United States where the U.S. Customs and Border Protection (CBP) inspected you.

To complete the Form I-94 Arrival-Departure Record Number section, pull up the I-94 website to locate your record number and other required information.

Part 2: Application Type or Filing Category

The first section requires you to identify your application type or filing category. Select only one. For example, if you are an EB-5 investor, check the box for alien entrepreneur, Form I-526 under the employment-based category.

In the section requesting information about your immigrant category, be aware that if you are an EB-5 investor, you are the principal applicant. Each of your qualified immediate family members applying with you would be considered a derivative applicant.

Part 3: Additional Information About You – Application, Address, and Employment History

First, you should indicate whether you previously applied for an immigrant visa to become a permanent resident of the United States via a U.S. embassy or consulate. In most cases, this means you submitted Form DS-260. If you did apply, provide the city and country of the U.S. facility where you filed and details regarding the decision.

In the next section, fill out your address history and employment history from the last five years. If you don’t have enough room to fill it out completely, use the last page’s Part 14 to finish your entries. Revealing that you were unemployed at any time during that period will not adversely affect your petition. However, being an unauthorized employee in the United States might get your application denied.

Part 4: Information About Your Parents

In this section, you’ll answer questions about your parents. Include the dates and locations of their birth and where they currently reside, if applicable. Indicate if one or both of them has died. If you do not have information about your parents, indicate that you do not know.

Part 5: Information About Your Marriage(s) – Past and Present

If applicable, provide details about your marriage(s), including current and past spouses. This section is most important for those seeking marriage-based permanent residence.

Part 6: Information About Your Children – Names, Birthdays, Birthplaces

Here, you will share information about each of your living biological, adopted, and step children. Fill this out completely, regardless of whether they are eligible to immigrate to the United States with you.

Part 7: Biographic Information – Ethnicity, Race, Appearance

In this section, you will indicate your race(s) by selecting one or more of the options listed. Note that USCIS does not consider Hispanic to be a race; if you are a Hispanic applicant, you must choose one or more of the other options, such as “white,” “black,” or “American Indian.”

Part 8: General Eligibility and Inadmissibility Grounds – Criminal, Security, Financial, and Other Issues

In this section about grounds of inadmissibility for permanent residence, you will need to provide details regarding your past and present organizational affiliation(s) worldwide. These may include political, military, and religious associations.

Study each of these questions closely and double-check each response to ensure you do not misrepresent anything. Some applicants have engaged in activities that resulted in their I-485s being denied. The greatest risk to your application comes from participation in organizations that violate American laws and values.

You may wish to consult an experienced immigration attorney in drafting your responses to these questions.

Part 9: Accommodations for Those with Disabilities and/or Impairments

Here you may indicate whether you need reasonable accommodations for any mental or physical disability you may have. Specify the nature of your disability or impairment. Also add details on what kind of assistance you require. USCIS provides accommodations to allow those with disabilities full access to their services.

Part 10: Applicant Signature and Contact Information

In this section, convey whether you completed Form I-485 by yourself or had help from a professional preparer, relative, friend, and/or interpreter.

Here you should also input your contact information so that USCIS can get in touch with you if necessary.

Finally, sign in the correct field.

Part 11: Interpreter’s Signature and Contact Information

Here you will provide details about any interpreter you used to understand the application, if applicable. The interpreter will also sign this section.

Part 12: Preparer’s Signature and Contact Information

If you filled out the application by yourself, you do not have to write anything in this section.

If someone else prepared the application on your behalf, you should include details about the preparer here. That person would also provide a signature in this section.

Part 13: Signature at Interview

You should not write anything in this section until a USCIS official tells you to sign it during an interview.

Frequently Asked Questions

What Evidence Should I Submit with Form I-485?

An applicant needs to submit more than just Form I-485. The application package should include supporting evidence that confirms the petitioner is eligible to adjust their immigration status.

The required documentation can vary depending on an individual’s circumstances. However, it typically includes the following:

1. Form I-485: Confirm that you signed, dated, and filled it out correctly.
2. Filing Fee: Enclose the filing fee ($1,440 at the time of writing) or ask to receive a fee waiver if you are eligible.
3. Identification Documents: Include copies of your passport, birth certificate, or another form of government-issued identification.
4. Photos: Provide two passport-style photos (identical copies, glossy, on a white background) of the applicant that were taken within the previous 30 days.
5. Form I-94: Include a copy of Form I-94, Arrival/Departure Record, that you received from CBP.
6. Form I-693: Include medical exam and vaccination records from a civil surgeon on Form I-693. This shows that you have not been disqualified from entering the country due to health concerns.
7. Form I-864: Provide Form I-864, Affidavit of Support from the petitioner or sponsor, if applicable. This document shows the applicant will have financial support.
8. Form I-765: If you require an employment authorization document (EAD), provide a filled-out Form I-765.
9. Form I-131: If you wish authorization to travel abroad as a permanent resident (also called advance parole or AP) provide a filled-out Form I-131.
10. Personal Records: Include copies of your birth certificate, marriage certificate(s), and divorce certificate(s), if applicable.
11. Proof of Lawful Entry: Include copies of any documents (for example, a visa or passport stamp) that show you entered the country lawfully.
12. Police Clearance Certificate: Include a police clearance certificate from every country you resided in for over six months since the age of 16, if applicable.
13. Proof of Eligibility: Depending on your filing category, you may need to include other documentation. For example, if you are an EB-5 investor filing concurrently with your I-526E immigrant petition, include a copy of the I-526E or the Form I-797 that acknowledges USCIS received your petition.

When Should I File Form I-485?

The best time to file Form I-485 may vary, depending on your filing category and other factors. In all cases, you must read the filing instructions carefully.

We will focus on guidance for employment-based visas. Keep the following considerations in mind. After you have met these requirements, you will be ready to file.

1. You Have an Available Visa: Check the Department of State’s latest Visa Bulletin to see whether there is an available visa for your priority date and preference category. If your priority date is current (marked by a “C”) on the Visa Bulletin, you may be eligible to file Form I-485.
2. Your Immigration Status Is Valid: If you are physically present in the United States, you may typically remain there when you submit Form I-485. If you are outside of the United States, you should apply for a DS-260 via consular processing instead of filing an I-485.
3. You Have Made a Decision on Concurrent Filing: Many applicants choose to file Form I-485 concurrently with their immigrant petition. We encourage EB-5 investors to do this, which can save time.
4. You Are Eligible for Adjustment of Status: Confirm that you have fulfilled the criteria to be approved for adjustment of status and that grounds of inadmissibility do not apply to you. Some criminal activities or immigration violations may disqualify your application, unless you receive a waiver or address these issues first.
5. You Have Supporting Paperwork: Compile supporting documents, such as your proof of eligibility, medical records, and identification documentation before you file.
6. You Have Consulted an Immigration Attorney: It’s a good idea to reach out to an experienced immigration lawyer, especially if you have questions about whether you qualify or if you have complicated issues to resolve. An attorney can tailor guidance to the specifics of your case.

What Is the Purpose of Form I-485?

Submitting Form I-485 is an important part of the immigration process. One of multiple forms, it permits qualifying foreign nationals to change their nonimmigrant or temporary immigration status and become (conditional) permanent residents of the United States. This status is also more commonly known as being a Green Card holder.

Becoming a lawful permanent resident means an individual may work and live in the United States permanently. In addition, Green Card holders may travel freely, work without major restrictions, and eventually apply to become citizens of the United States.

Filing this form allows USCIS to review biographic information about an applicant so it can make an informed decision about whether to grant them lawful permanent resident status.

Approval of Form I-485 lets qualified applicants become a part of American society, pursue work opportunities, and contribute to the United States as lawful permanent residents.

Who May File Form I-485?

If you are a foreign national currently located in the United States and meet other criteria, you can file Form I-485.
Most of those who submit Form I-485 do so under one of these immigration categories:

1. Family-Based Immigration: Applies to an alien relative, such as spouses, children, parents, and siblings.
2. Employment-Based Immigration: Such as priority workers, professionals with advanced degrees or exceptional ability, skilled workers, special immigrants, and immigrant investors.
3. Diversity Visa Lottery Winners: Those chosen under the Diversity Visa Lottery program.
4. Refugees and Asylees: Individuals who receive refugee or asylee status.
5. Special Immigrant Categories: Individuals including Afghan or Iraqi citizens who worked for the U.S. government.
6. Victims of Abuse or Crime: Victims of domestic violence or certain crimes.
7. Other: Those who have received parole on humanitarian grounds, have been judged as providing significant public benefit, or meet other criteria under the Immigration and Nationality Act.

However, being qualified to apply under one of these immigration categories is not a guarantee of approval. Some individuals will be disqualified if certain circumstances apply to them.

Who May Not Be Eligible to Adjust Status?

Some foreign nationals cannot be approved for adjustment of status to become lawful permanent residents of the United States. The Immigration and Nationality Act describes these restrictions—or grounds of inaccessibility—in detail. Here is a broad overview of the situations that may disqualify an applicant from adjusting their status:

Medical Grounds: Those who have certain health conditions—such as carrying dangerous infectious diseases or posing a significant public health risk—may be disapproved of adjusting their status.

Criminal Grounds: Those convicted of particular crimes—such as felonies, drug trafficking, and other serious offenses—may not be eligible to adjust status.

Unlawful Entry or Status: Those who crossed into the United States without inspection or did not receive lawful immigration status before entering the United States typically cannot adjust status. Certain exceptions may apply, such as under the Violence Against Women Act.

Immigration Violations: Those who have committed immigration fraud, not abided by the terms of their nonimmigrant status, or performed unauthorized work may be denied adjustment of status. Other examples of such violations include exceeding an authorized period of stay and violating the terms of a valid visa.

Security Concerns: Those who are considered a threat to U.S. national security may be unable to adjust status. Examples of such concerns include affiliating with terrorists or conducting espionage.

Public Charge Concerns: Those who cannot financially support themselves without major public assistance may be unable to adjust status.

What Is the I-485 Filing Fee?

The filing fee has increased from $1,140 ($1,225 with biometric services) to $1,440 (with biometric services), effective April 1, 2024.

USCIS will reject any application filed on or after this date if the updated fee is not enclosed.

Fees are subject to change. It is recommended that applicants confirm current filing fees by checking the USCIS website before mailing in their applications. In some situations, fee waivers are possible for petitioners who cannot afford to pay them.

What Is the I-485 Filing Address?

The appropriate filing address varies between applicants. Factors including immigration category and current residence location will affect this.

EB5AN works most frequently with EB-5 investors, and we advise our clients to mail hard copies of their I-485 petitions to the correct USCIS lockbox.

Lockbox facilities collect documentation and filing fees. They also determine whether to accept or reject an application based on the enclosed fee. A denial at this stage generally means the applicant sent the wrong fee amount.

EB-5 investors should send their I-485s by mail or courier service to one of the lockboxes below, depending on which delivery service they choose. Addresses are subject to change, so review the list of USCIS direct addresses for the latest information before submitting your I-485.

USCIS Dallas Lockbox
U.S. Postal Service (USPS)

USCIS
Attn: I-526/E
P.O. Box 660168
Dallas, TX 75266-0168

FedEx, UPS, and DHL Deliveries

USCIS
Attn: I-526/E (Box 660168)
2501 S. State Highway 121 Business
Suite 400
Lewisville, TX 75067-8003

You can sign up to receive an email and/or text message alert acknowledging the USCIS lockbox received your form. To do this, fill out Form G-1145, E-Notification of Application/Petition Acceptance. Attach it to the first page of your application.

What Happens After I File Form I-485?

After you mail Form I-485 to USCIS, be ready for several next steps in the application process.

1. Save Your Receipt Notice: USCIS will send you a receipt notice (Form I-797, Notice of Action) to acknowledge they have your application. Take note of the receipt number so you can track your case’s progress online.
2. Schedule and Participate in a Biometrics Appointment: USCIS often schedules applicants for biometrics appointments. You can expect to have your fingerprints, photographs, and signature taken then and there to verify your identity and for use in a background check.
3. Answer Questions from USCIS: Sometimes USCIS needs more documentation or has clarification questions for applicants before it can adjudicate Form I-485. If this is the case, you may receive a formal Request for Evidence. Be sure to respond within the time frame provided.
4. Schedule and Participate in an Interview: In addition to the biometrics appointment, USCIS may require you to participate in an interview at a local USCIS field office. There, USCIS will confirm details from your application, determine whether you are eligible to adjust status, and request more information if necessary.
5. Receive Adjudication Decision: USCIS will decide on your case after it has reviewed your application, paperwork, and interview(s). Approval means you will get a Green Card (Form I-551) in the mail.
6. Gain Conditional Permanent Resident Status: Depending on your immigration category, you may receive conditional permanent resident status. This is the case for EB-5 investors. Such investors receive two-year conditional permanent resident status. During the 90-day period toward the end of that time frame, they should file Form I-829 to remove conditions and become unconditional lawful permanent residents of the United States.
7. Respond to Denial (if Applicable): If your I-485 is denied, you may be able to appeal it or request that your case be reopened.

EB5AN Can Help You Become a Permanent Resident of the United States

It’s important for those who wish to become lawful permanent residents of the United States to understand how to fill out and file Form I-485. It’s even more important to work with experts who can guide you through each step of the process and answer your questions.

Consider participating in the EB-5 Immigrant Investor Program, which is one of the most straightforward ways to achieve permanent residency status in the United States.

EB5AN has helped more than 2,300 families from 60 countries relocate to the United States as lawful permanent residents. Our expert team has more than a decade of experience, and offers clients first-rate, low-risk EB-5 regional center projects with a 100% USCIS project approval rate to date.

Please book a free consultation today to find out how we can do the same for you.