The process of getting a green card and opting for permanent residency in the United States can be very complicated. It involves a lot of documentation process, and choosing the right form is crucial. NRIs who have now settled in the US and want to get their status adjusted can fill out the Form I-485. There are different processes and forms that the applicant needs to follow based on their specific category.
Key Takeaways
- Form I-485 is filed for the Status Adjustment/Permanent Residency in the US.
- Processing time is usually 8.2 months.
- The form-filling fee is $1,440.
- Obtain a Green Card based on the seven major categories, like Family-based, Employment-based, etc.
Form I-485 is the application filed to register for Permanent Residency or Status Adjustment. For the marriage green card, the main purpose of the Form I-485 is to prove the eligibility of the foreign spouse for the green card or permanent residency. The applicant is the spouse whose signature is present on the Form I-485.
The first step for the green card application process is to submit the Form I-130, which is for the Petition for Alien Relative, which is filled out by a US citizen. After this step, you can proceed with filling out Form I-485. If the foreign wife or husband is present in the United States, both of the above-mentioned forms can be filled out together, which is known as “Concurrent Filing”.
For the family-based applications, the processing time for the Form I-485 is around 8.2 months. The time for the processing of this green card application can vary, as it depends on the category of the adjustment and which USCIS office is working on your application.
In case you have filled out the Form I-140 for the adjustment of status based on employment, then it must be approved first.
Form I-485 to Green Card Timeline
The time taken, starting from filling out the Form I-485 to getting a green card, can be several months to a few years. It all depends on the situation of the applicant.
There are some factors that affect this whole process, such as your eligibility for status adjustment. In case you are applying through a family-based process, then another factor is your relationship with the US citizen who is filing the petition on your behalf.
The USCIS Service Center you applied to for the green card process is also an important factor in determining the green card timeline.
Form I-485 Expedited Processing
There is no premium way of processing the Form I-485 available. If you want the expedited processing, then you need to request it through the USCIS Contact Center. Keep your 13-digit receipt number of USCIS Form I-485 handy; it will help your request in reaching the correct USCIS office.
The fee for filing Form I-485 is $ 1,440. In some situations, this given amount can also be lower or entirely eliminated. If you are unsure about the amount, you can also use the USCIS fee calculator provided by the government on its website.
The eligibility criteria for filling out the I-485 application are divided into two groups of applicants:
Those who can file Form I-485
There are seven major categories under which the applicant (relative or spouse applying for their green card) can file Form I-485:
- Family-based
- Special Immigrant
- Employment-based
- Crime Victim or Human trafficking victim
- Refugee or Asylum
- Special Programs
- Additional Options
These seven categories are further divided into several sub-categories to provide you with a better understanding.
If you want to go for a marriage-based green card, then a foreign spouse who is physically available in the US is allowed to apply for a green card by filing from I-485.
Those who cannot file Form I-485
The most common criterion is that if the spouses or relatives are not physically present in the country, then they are not allowed to fill out the Form I-485.
The other criteria that exclude the applicants from filing the I-485 application are as follows:
- If you have entered the US as a crewman.
- If you have entered the country for transit purposes.
- If you were admitted to the country as an informant or witness.
- If you are “deportable”. It means you were involved in a terrorist activity or a group.
Apart from the exclusions mentioned above in this section, some additional ‘inadmissibility’ grounds don’t allow the applicants to fill out the Form I-485.
Here are the factors that can disqualify the applicant from getting a green card:
- Security grounds: If you are a threat to the United States’ national security.
- Criminal grounds: If you have been convicted of certain crimes in the past.
- Health-related grounds: If you have a mental health condition or a communicable disease that can disqualify you.
- Public charge grounds: If it seems like you are becoming dependent on public benefits.
- Violating laws or procedures of immigration: If you have violated the immigration laws in the past.
- Other grounds: Some other random grounds include voting unlawfully, being an international child abductor, and entering the US to practice polygamy.
Note: For the solution of some of the above disqualifications, you can refer to the family relationship or the green card category named “waivers”.
When you start filling out the Form I-485 application, you need to attach all the supporting documents with it. These documents help you to prove that you are eligible to receive a green card.
Here is the list of documents that are needed with a marriage-based Form I-485 application:
- Proof of the nationality of the foreign spouse. It includes their foreign passport and birth certificate.
- Proof that a valid visa is used by the spouse to enter the United States. It includes a copy of their previous visa and I-94 travel record.
- If the green card-seeking spouse of a U.S. citizen has been arrested in the past, then proof of no conviction is required. It includes a copy of the relevant court order.
- Proof that the spouse who is sponsoring is financially capable of supporting the spouse who is seeking the green card. It includes a copy of the latest federal ITRs and pay stubs of the sponsoring spouse.
- The spouse who is applying for a green card must submit a certificate of medical examination performed by a doctor who is approved by USCIS.
It is a fact that due to some common errors, your application can get rejected, and you will have to fill out a new one entirely. Here is the list of these common mistakes that you should avoid if you want to get your application processed quickly:
- Not Signing the Form: The most common mistake is that the applicants forget to sign the Form I-485. Your form will automatically be rejected by USCIS if it is not signed. So, make sure to sign it before submitting.
- Using Incomplete or Wrong Information: You should make sure that all the sections of the application are filled out, and the provided information should be accurate. If there is any mistake or inaccurate information found in your application, then it can lead to rejection or delays.
- Using Expired/Outdated Forms: You should always make sure that you are using the most recent version of the Form I-485, which is available on the official website of USCIS. If you submit an outdated form, then it can get rejected.
- Not Submitting the Necessary Documents: You need to submit several necessary and supporting documents along with the USCIS Form I-485. These documents are a passport, birth certificate, marriage certificate, etc. Your application will be delayed in case you fail to submit these documents or attach the wrong ones. Keep in mind that you need to provide copies of the documents, not the original ones, unless you are specifically asked for them.
- Wrong Filing Fee: You should always double-check the filing fee before paying and submitting because it can change as per the age and the category of application. Your application will be returned to you if you pay the incorrect fees.
- Skipping the Medical Examination: You should have a medical examination done by a USCIS-approved doctor while filling out the Form I-485. You need to submit the Form I-693 for this; failing can cause delays. Submit the reports of the medical exam along with the Form I-485 documents.
- Not updating USCIS about Address Changes: If there is an address change while your Form I-485 is being processed, then it is necessary to inform the USCIS about this within 10 days of the address change. You can miss the important notices, such as interview dates or Requests for Evidence (RFEs), if you don’t update your address.
- Not Maintaining the Legal Status: You need to maintain the legal status of immigration throughout the entire process if you are applying for a green card via Form I-485. Your application can get rejected if you fall out of status and your I-485 application is pending.
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