What is Form I-485? - ZafiroLaw, PLLC

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If you’re already in the U.S. and want to apply for permanent residency, Form I-485 will allow you to apply for a green card. If approved, Form I-485 will adjust your status from a temporary non-immigrant visa holder to a permanent resident.

Without permanent residency, you’ll be left with uncertainty about your status in the future. Temporary residency may not be renewed.

Form I-485 can help you secure permanent residency status so that you can remain in the U.S. and continue building your life.

If you need to file Form I-485, we can help.

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What Is The I-485 Form?

Also known as application for adjustment of status, Form I-485 is a lengthy, multi-page immigration form that you can use to file for permanent residency – if you meet all of the requirements. Filing the form is a request to USCIS that changes your status from a nonimmigrant visa to a permanent resident or green card holder.

Who Needs to Fill Out Form I-485?

Foreign nationals who are already living in the United States can fill out the form to adjust their visa status to permanent resident if they qualify. You can avoid having to return to your home country to apply for your green card.

USCIS approval allows you to obtain immigrant status.

If you want to reside and work in the U.S. indefinitely, you’ll want to fill out this form with the help of an attorney. While you can file the form yourself, a single mistake can slow down the approval process.

Documents That You’ll Need to Include with Your Application

Filling out your form is only a small part of the process. You need to supply multiple documents, too, including your:

Job offer letter (for employment-based green card)
Immigrant petition approval
Marriage certificate (for a marriage-based green card)
I-94 travel document
I-797 receipt number
Government-issued ID
Two passport photos
Other related immigration forms

You will also need to provide copies of your birth certificate, copy of your passport, and medical examination (if necessary). Each document and copy must be clear and legible.

If you cannot obtain certain documents, the process becomes more complex. You may need additional documents from your home country certifying that you cannot obtain the records.

An attorney is an invaluable asset when an applicant cannot obtain all of the necessary documents required for their application.

On top of the documents that you provide, you may also need to go through an interview process.

The I-485 Interview Process

Submitting your application is just one piece of the puzzle when obtaining permanent residency. You will likely be asked to attend an interview. The good news is that the interview is often the final step in the process.

The USCIS occasionally waives the interview if the case is straightforward and you have provided all the necessary documents, but this is not common.

Your attorney can help you prepare for the interview and know what to expect.

Typically, I-485 interviews last 45 minutes. The interviewer may ask you to elaborate on some of the responses in your application. They may also verify that there is nothing on your record that would render you ineligible for an adjustment of status.

The interview process will largely depend on your eligibility category. For example:

If you’re applying for an employment-based adjustment of status, the interviewer may check your income taxes to verify that you haven’t been employed without approval. You may be asked to provide details about your employment history.
If you’re applying for a marriage-based green card, the questions will be more personal to verify that your relationship is legitimate. For example, you may be asked about how you met your spouse, who pays the bills or where you went on honeymoon. Both partners must attend the interview.

While it’s natural to be nervous about the interview, the process is straightforward and will be over before you know it. Being prepared will help you feel more confident and at ease when you arrive at your appointment.

How Long Does It Take for Form I-485 to be Approved?

The length of time it takes to process and approve Form I-485 depends on several factors, including:

The USCIS’s caseload. A backlog of cases can extend the processing time.
The location of the USCIS office where you filed your application
Whether your application package was complete and accurately prepared

In some cases, permanent residency is granted on the spot at the end of the interview.

Once approved, you will receive an official notice of approval and your green card in the mail shortly after.

Form errors and lack of documentation can slow the processing and approval of your application. An attorney can help you avoid these hurdles and make your journey toward permanent residency as efficient as possible.

How Much Does It Cost to File An I-485 Form?

In addition to your application and interview, you will also need to pay a fee to file Form I-485. USCIS regularly changes the filing fees cost so it is best to check with an experienced attorney for the current filing fees.

What Is the Value of Having an Attorney Help with Your I-485 Form?

Form I-485 is a critical document that can help you secure permanent residency in the United States. While you can certainly fill out the form without the help of an attorney, the process is lengthy and complicated.

An attorney can:

Guide you through the process
Ensure your application is error-free
Answer any questions you may have about the form
Help you prepare for the interview

Most importantly, an immigration attorney will help make the process less stressful and overwhelming. Their experience in this area of the law will be invaluable.

How ZafiroLaw Can Help with Your Family-Based Immigration Needs

Immigration matters are complicated. For individuals who are already in the U.S. and want to continue building their lives here, applying for permanent residency is the next step.

You don’t have to navigate this process alone. The experienced family immigration attorneys at ZafiroLaw are here to help. We have helped many individuals just like you secure their green cards and avoid common pitfalls that can delay or halt your approval.