Key Takeaways:

  • Form I-485 is an application that lets eligible non-citizens in the U.S. apply for permanent residency.

  • There are specific categories and criteria you must meet to apply with Form I-485.

  • It can take anywhere from 8 months to 14 months or more to get your Form I-485 application approved.

  • Depending on your criteria, you have to submit additional required documents along with your Form I-485. Incorrect information or missing documents can lead to delays in processing.

If you want to become a permanent resident of the United States, there are many different steps and documentation you will have to go through. Form I-485 is one of the most important steps in the path to U.S. permanent residency. This form allows eligible individuals to apply for a U.S green card without leaving the country. Find out more about the process of submitting Form I-485, its eligibility requirements, and other necessary information here. 

Overview of Form I-485: Who Is It For?

There are many ways to pursue permanent residency in the U.S. Form I-485 is the application that allows non-citizens in the U.S to get their permanent residency or “green card” under different circumstances. This includes family-based immigration–where an eligible non-citizen who has a family member with U.S citizenship can apply for permanent residency. It could also be used for employment-based immigration, and special circumstances such as asylum or refugee statuses.  

Regardless of what your scenario may be, you must meet the eligibility criteria to submit Form I-485. These criteria may differ slightly depending on your situation.

Eligibility Requirements for Form I-485:  

To file Form I-485, you must be physically present in the U.S. and eligible under one of the following categories:

  • Family-based applicants: This applies to the spouses, children, parents, and siblings of U.S. citizens or permanent residents. If you have a family member with whom you share the type of relationship mentioned here, then you can apply under the family-based category. 

  • Employment-based applicants: This applies to those who have a valid job offer or have been sponsored by a U.S. employer. Under the employment-based category, there are additional categories for “preference immigrants,” such as those who are classified as priority workers, skilled workers or professionals with highly advanced degrees or training.  

  • Special categories: Under specific circumstances, individuals may need to seek permanent residency in the U.S. This includes those who seek asylum or refuge, victims of trafficking, etc. 

It’s important to remember that each of the categories mentioned above has its own specific requirements. Make sure to carefully check your eligibility before starting your application process. 

Required Documentation for Submitting Form I-485

Along with your completed I-485 Form, you also have to submit several supporting documents in order to prove your eligibility and identity. Depending on what category you are filing your application, there may be different documents needed. 

In general, the main important documents you need to submit along with Form I-485 are as given below: 

1. Proof of eligibility: As the name suggests, this document indicates what category you are eligible for in order to apply for your U.S. permanent residency. For instance, if you are applying under family-based immigration, you will need to submit Form I-30. If you are applying under employment-based immigration, you will need to submit Form I-40. 

2. Personal identification: These documents are required to verify your identity, and includes your passport, birth certificate, and a copy of your current visa or immigration status. 

3. Proof of continuous residence: These documents help you prove that you have been living in the U.S. for a certain amount of time. They may include utility bills, rental agreements, etc. 

4. Medical examination report: In order to apply for U.S. permanent residency, you must meet health-related requirements. To do this, you have to submit Form I-693, completed by a USCIS-approved civil surgeon. 

5. Affidavit of Support (Form I-864): This is only required if your application is family-based. It demonstrates and verifies that your family member or sponsor can financially support you in the U.S. 

3 Helpful Tips for Preparing Your Documents

Figuring out what documents are needed along with Form I-485 might seem a little overwhelming. Here are some helpful tips so you can submit your application for green card carefully.  

  • Make sure that all of your required documents are in English. If they are in another language, you must provide certified translations for them.

  • Keep copies of all original documents, but only send originals if they are specifically required.

  • Organize your documents clearly with labels and tabs so it is easier to review by USCIS.

  • Have a checklist ready so you can tick off each document as you prepare them for submission.

Filing Process and Fees: Step-By-Step Guide for Form I-485

Now that you know what documents are needed for submitting Form I-485, let’s take a look at the filing process and expected fees.

Step 1: Gather Required Documents  

Before beginning your application for a U.S. green card, make sure to gather all required documents ahead of time. 

Step 2: Complete Form I-485  

Next, you have to carefully fill out Form I-485. If there is any discrepancy or errors in your information, your application could be delayed or even denied.

Step 3: Submit the Form and Pay Fees  

You cannot submit Form I-485 online. In order to file the form, you have to submit by mail to the correct USCIS address based on your eligibility category. Depending on the category, the filing fee varies from $750 to over $1400 and may include additional charges for biometrics. 

If you choose to hire an expert to help you submit your application, then you will also need to pay attorney fees. The attorney fees can be around $3000 and covers all the process involved in filing Form I-485 including gathering documents, reviewing your information, etc. 

Form I-485 Processing Times: What To Expect

Depending on your location, your application category, and the backlog at USCIS, the processing times for form I-485 can vary from 8 months to 14 months typically (or even over 24 months if the application is asylum or refugee-based). 

Additional factors such as missing documents, incomplete applications, discrepancies in information provided, etc can also lead to delays in processing.  

While you wait for your application to be approved, you can monitor the status of your application online by using the USCIS Case Status tool. 

Common Mistakes To Avoid When Filing Form I-485

As you can see, the Form I-485 application process can be a little complicated, and even the slightest of mistakes can lead to significant delays or denials. Here are some common mistakes you should avoid when filing your Form I-485. 

  • Incomplete Forms: Double-check that all sections of the form are filled out completely and accurately.

  • Incorrect Fees: Ensure you pay the correct filing fee to avoid rejection.

  • Outdated Information: Use the most current version of the form and instructions available on the USCIS website.

  • Not Updating USCIS: If you move, notify USCIS immediately of your new address using Form AR-11.

Where To Get Legal Advice And Assistance For U.S. Immigration?

Applying for your permanent residency in the U.S. can be challenging, and the best way to know you are doing everything right is by consulting with an immigration expert. If you need more assistance and legal advice, you can reach out to UpCounsel’s resources to contact immigration lawyers. 

FAQ

How long does it take to get approved for I-485?

The processing times for Form I-485 can vary from 8 months to 12 months or more depending on your application category, location, and the backlog at USCIS.

How fast is I-485 processing?

The processing time for Form I-485 varies on many different factors. Avoiding common mistakes such as incomplete forms, incorrect information, missing documents can help prevent delays in processing.

Is I-485 the same as a green card?

Form I-485 is the application you need to submit to receive a U.S green card.

Which gets approved first, I-130 or I-485?

Usually, I-130 needs to be approved first before I-485 can be approved.