The Form I-485 Checklist That EB-5 Investors Need to Adjust Status

Foreign nationals located in the United States can use Form I-485, Application to Register Permanent Residence or Adjust Status, to change their immigration status to permanent resident. This allows them to receive Green Cards under one of several USCIS eligibility categories.

However, this is easier said than done. The process can be complicated. Applicants must keep track of many documents, fill out required forms correctly, and file them on time.

United States Citizenship and Immigration Services (USCIS) accepts most of the I-485 petitions it receives, but it still denies thousands of them every year. During the last quarter of 2023, USCIS rejected nearly 12% of the I-485s it received from applicants under the employment-based immigrant category.

You don’t want your application to be one of those.

In this article, we will provide checklists and explanations to help ensure your Form I-485 includes everything it needs for the best chance of approval.

Check Your Eligibility

The main EB-5 investor is called the principal applicant. This person typically invests in a new commercial enterprise that will eventually create at least 10 full-time jobs for American workers. This person also files Form I-485 and other required documentation.

A principal applicant who fulfills all of the EB-5 program’s requirements receives lawful permanent resident status for themselves and eligible family members.

But before you can apply to adjust your immigration status, you must meet a series of USCIS requirements, which include:

• Having an approved immigrant petition (Form I-526 or I-526E).
• Having an available visa number, per the USCIS Visa Bulletin.
• Being physically present in the United States.
• Never having entered the United States illegally.
• Not falling under certain grounds of inadmissibility without a waiver.

Let’s explore some additional requirements to change your lawful status.

An I-485 Checklist

Key Immigration Information You’ll Need

• Alien registration number (if applicable).
• Passport (even if expired).
• I-94 Arrival/Departure Record.
• Receipt number (if you have a pending or approved I-130 petition).
• Address history from the past five years.
• Employment history from the past five years.
• Marriage and divorce dates for any previous marriages.
• Information about organizations you have been involved with.

Other Forms to File with Form I-485

Many EB-5 investors find it necessary or desirable to file additional forms with their I-485s. These may include.

• I-130, Petition for Alien Relative.
• I-130A, Biographic Supplement (for a spouse).
• I-864, Affidavit of Support.
• I-693, Report of Medical Examination and Vaccination Record.
• I-765, Application for Employment Authorization (optional).
• I-131, Application for Travel Document (optional).

Gather Required Documentation

A successful I-485 applicant must provide the right evidence and supporting documents to USCIS. These include:

1. Government-issued photo ID: Typically copies of your passport pages or a copy of a driver’s license. Military identification also may be accepted.
2. Photos: Two identical passport-style photos (glossy, unedited, and printed on a white or off-white background) that were taken no more than 30 days before you submitted your I-485. Be sure you specifically requested that passport photos meet these criteria before submitting.
3. Birth and marriage records: Copies of your long-form birth certificate, marriage certificate(s), and divorce certificate(s), if applicable. If your birth certificate is not available, submit proof of its unavailability.
4. Form I-94 or alternative immigration documents: Include documentation proving you were inspected by an immigration officer and admitted or paroled into the United States. Provide copies of passport pages with visa stamps or a copy of your Form I-94 Arrival-Departure Record.
5. Form I-526/I-526E or Form I-797: You need to present one of these forms to show that you are eligible to adjust status under a particular immigrant category. If you file Form I-485 concurrently with your I-526/I-526E immigrant petition, include a copy of the I-526/I-526E. Otherwise, include a copy of Form I-797, Approval or Receipt Notice. This is the official notification that shows USCIS received your immigrant petition.
6. Criminal history documentation: Certified records of your court, police, charge, and conviction history, if applicable.
7. Medical documentation: Vaccinations and other medical records, including Form I-693, Report of Immigration Medical Examination and Vaccination Record, signed by a USCIS-designated civil surgeon. This is valid for two years from the signature’s date.
8. Biographic information: Each eligible immediate relative should complete and file Form I-130, Petition for Alien Relative.
9. Biometrics: USCIS may request your fingerprints, photos, and/or your signature at a biometrics appointment, which it will schedule with you later.

When it comes to I-485 approvals, it’s not just what you do that matters.

What you don’t do is equally important. Ensure you haven’t engaged in conduct that could get your application denied.

Beware of These Disqualifying Conditions

The main “inadmissibility grounds,” as described in the Immigration and Nationality Act, that can disqualify an I-485 petitioner fall under these buckets

• Criminal Activities: Such as serious crime convictions.
• Security Concerns: Indications of posing a threat to U.S. national security.
• Legal Issues: Violations of U.S. immigration law.
• Health Problems: Such as carrying a dangerous infectious disease.
• Miscellaneous: Other issues at the discretion of USCIS.

If you think one or more of these categories applies to you, be sure to speak with an experienced immigration attorney before filing. Waivers may be possible in some cases.

Use the Right Mailing Address and Enclose the Right Filing Fee

You must mail a copy of your I-485 petition with the correct filing fee ($1,440, effective since April 1, 2024) in a sealed envelope to the correct USCIS lockbox.

A lockbox facility collects documents and filing fees. This facility also determines whether your application will move forward based on the amount paid. If your application is rejected at this stage, you probably enclosed the wrong fee.

EB-5 investors should send their I-485s to the address below that corresponds to the delivery service used. Check the list of USCIS direct addresses for the latest guidance before filing your form.

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

Why Concurrent Filing Is a Good Idea

Foreign nationals physically present in the United States on non-immigrant visas should strongly consider concurrent filing of Form I-485 and Form I-526E.

Made possible because of the EB-5 Reform and Integrity Act of 2022, concurrent filing is a good idea because it saves investors time. It allows them to get their conditional Green Card faster, including the associated benefits of lawful permanent resident status.

Foreign investors and their families are also eligible for improved work and travel flexibility while their I-485s are being adjudicated.

If you need a work permit, file Form I-765, Application for Employment Authorization. Filing this means you can get an Employment Authorization Document.

You may also wish to obtain a travel permit, also called an advance parole document. This lets a noncitizen travel outside of the country temporarily and come back to the United States with minimal hassle.

Other Form I-485 Best Practices

You can improve your chances of avoiding delays or denial by following these tips in completing your I-485 petition:

• Understand and ensure you meet all eligibility criteria for adjustment of status.
• Confirm you are using the most recent edition of Form I-485 (released on February 21, 2023).
• Read the filing instructions carefully.
• Ensure your answers are full and accurate.
• Type your responses or write them out neatly in black ink.
• Review this checklist of required initial evidence.
• Work with an experienced immigration lawyer to draft and submit the I-485.
• Respond to any USCIS requests for evidence promptly.
• Work with an experienced immigration attorney to draft the I-485 and address any legal issues that may arise related to your case.

While you await approval of your application, you should maintain your lawful status in the United States and monitor USCIS announcements for any updates to the process.

It’s also a good idea to make copies of your entire application, supporting documents, and receipts.

Check with EB-5 Experts Before Filing

Checking all the boxes on your I-485 application is only one part of a longer EB-5 process that may last a while, depending on your nationality and visa category. You must do more than understand the adjustment of status document checklist to receive Green Cards for yourself and qualified immediate relatives.

Don’t take the risk of getting your application denied by trying to do this on your own. Instead, be sure to work with seasoned professionals. They can give your full application the best chance of approval.

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 100% USCIS project approval rate to date.

If you have questions about anything connected to the EB-5 Immigrant Investor Program, do not hesitate to book a free call with us.