I-485 FAQs
Q. What is Form I-485 adjustment of status?
A. An eligible foreign national (FN) in the U.S. will use Form I-485, an application to register permanent residence or adjustment of status, to adjust his or her nonimmigrant status to permanent resident status. It is the last step to get a green card.
Q. Who may file a Form I-485 application?
A. The following people are qualified to file an I-485 application:
Q. Who is not eligible to file a Form I-485 application?
A. Generally, the following people are not qualified to file an I-485 application. Please note: there are several exceptions to the following list:
Q. Is an interview required?
A. No. Generally speaking it is not required for employment-based I-485 cases to have interviews for during the application. However, if your case is complicated, i.e. involving prior arrests, an interview might be required before your I-485 can be approved. USCIS will forward your case to a local office under such conditions. Marriage-based applicants are usually required to attend USCIS interviews.
Q. How long does it take to receive approval for my I-485 Application?
A. The processing time for I-485 applications is different from case to case depending on the petition category. Also, it is impossible to predict how long the background investigation may last. In some cases, it could take several years.
Q. Should I apply for EAD and AP while filing I-485?
A. EAD and AP applications are not necessary but are highly recommended.
Q. Should I maintain my nonimmigrant status after filing I-485?
A. It depends. Normally you will be under lawful “Adjustment of Status” (AOS) after you filed I-485. If you also have EAD and AP, you will be able to work and travel without application for an extra visa. But if you have a visa status that allows "dual intent," such as H-1B and L1, it’s better to keep your nonimmigrant status while your AOS is pending.
Q. What is "Authorized Stay"?
A. Certain people with accrued “unlawful presence” in the United States may still be eligible to apply for Adjustment of Status. Such applicants, with properly filed and pending I-485, are considered "present in the U.S. under a period of stay authorized by the attorney general." There are other cases, such as change of nonimmigrant status and refugee/asylee applications, where an applicant may be considered in such "authorized stay" status by the Department of Homeland Security (DHS). Note that "authorized stay" does not mean the alien is under "lawful status," but that during "authorized stay" the alien would not accrue "unlawful presence."
Q. What is an RFE?
A. RFE is an acronym short for Request for Evidence. If you receive an RFE from USCIS, you need to send more information to support your application, such as missing documents or incomplete forms in your application. Receiving an RFE doesn't mean your case will be denied or approved soon, although after long delays in security checks, an RFE may be a good sign that your case is moving again.
Q. Can I change jobs with a pending I-485 in an employment-based case?
A. Yes, you can. If your Adjustment of Status case has been pending for more than 180 days, and you also have an approved I-140, you are allowed to change employers under AC-21.
Q. How long does it take to receive a green card after I-485 approval?
A. Generally speaking it will only take one to two weeks to receive your green card after "Card Production Ordered" confirmation from USCIS. Therefore in most cases it is no longer necessary to have your passport stamped as evidence that you have become a permanent resident.
Q. Do I need H-1B, EAD, or AP after I-485 Approval?
A. No. After your I-485 application is approved by USCIS, you will be authorized to permanently live and work in the U.S. You can also use your green card to return to the U.S. after trips that last less than one year. If you plan to reside outside of the U.S. for one year or more, you need to apply for a reentry permit before your departure. Please consult with an experienced attorney before long term departure from the U.S.
Q. Do I need a new social security card after I-485 approval?
A. You can apply for a corrected social security card to remove the restriction on work authorization. However, you will still have your original social security number; the social security number will not change.
Q. Can I get a green card without filing I-485?
A. Yes. An eligible foreign national may choose to go to a U.S. Consulate abroad and make an application by Consular Processing. It is the same for foreign nationals who are outside the United States but wish to apply for green card from a foreign country. After you are approved by the U.S. Consulate, you will receive an immigrant visa and enter the U.S. as a permanent resident.
Q. Do I need to file a medical exam together with the I-485?
A. Yes. As part of the I-485 package, you need to include Form I-693. Take this form to a USCIS-approved civil surgeon and he/she will conduct the examination and return the form to you in a sealed envelope. Keep the envelope sealed. If you file your I-485 at a USCIS service center, include the envelope with the I-485. If you file your I-485 at the local office, procedures may vary. Some offices expect the I-693 together with the I-485, while most offices expect it at the time of the interview. Few exceptions apply; such as an I-485 for a fiancé K-1 Visa holders.
Q. I have an employment-based I-485 pending and was recently laid off. Can I start with another employer?
A. Under AC-21 provision, you may change employers within the same field if the I-485 takes at least six months to process.
Q. How long is the I-693 valid?
A. It expires after one year if you have not filed it with USCIS. It does not expire any more after filing, regardless of how long USCIS takes to process your case.
12/09/2010
A. An eligible foreign national (FN) in the U.S. will use Form I-485, an application to register permanent residence or adjustment of status, to adjust his or her nonimmigrant status to permanent resident status. It is the last step to get a green card.
Q. Who may file a Form I-485 application?
A. The following people are qualified to file an I-485 application:
- A foreign national who has an underlying immigrant petition (I-130, I-140), or who files along with an immigrant petition concurrently, and a visa number is available for him/her (this group include most family-based and employment-based applicants);
- A spouse or child (derivative) of a principal applicant who files I-485 along with an I-130 petition;
- A K-1 fiancé(e) of a U.S. citizen or a K-2 dependent (I-130 not required);
- A K-3 spouse of a U.S. citizen or a K-4 dependent (I-130 required);
- A foreign investor with an underlying Form I-526;
- A foreign national with an approved underlying Form I-360;
- A foreign national under asylum or refugee status who is eligible to adjust their status;
- A Cuban native or citizen;
- A foreign national qualified for "Registry" provision (living in the U.S. since or before 1/1/1972).
Q. Who is not eligible to file a Form I-485 application?
A. Generally, the following people are not qualified to file an I-485 application. Please note: there are several exceptions to the following list:
- A person whose authorized stay expired before filing I-485;
- A person with unauthorized employment;
- A person who was not admitted or paroled after inspection by an immigration officer;
- A nonimmigrant who failed to maintain status (exceptions may apply);
- A J-1 visitor without a foreign residence waiver;
- A K-1 fiancé who didn't marry the U.S. citizen petitioner;
- A crewman or a person who entered in transit without a visa;
- A visitor under the Visa Waiver Program, unless he/she applied as an immediate relative of a U.S. citizen.
Q. Is an interview required?
A. No. Generally speaking it is not required for employment-based I-485 cases to have interviews for during the application. However, if your case is complicated, i.e. involving prior arrests, an interview might be required before your I-485 can be approved. USCIS will forward your case to a local office under such conditions. Marriage-based applicants are usually required to attend USCIS interviews.
Q. How long does it take to receive approval for my I-485 Application?
A. The processing time for I-485 applications is different from case to case depending on the petition category. Also, it is impossible to predict how long the background investigation may last. In some cases, it could take several years.
Q. Should I apply for EAD and AP while filing I-485?
A. EAD and AP applications are not necessary but are highly recommended.
Q. Should I maintain my nonimmigrant status after filing I-485?
A. It depends. Normally you will be under lawful “Adjustment of Status” (AOS) after you filed I-485. If you also have EAD and AP, you will be able to work and travel without application for an extra visa. But if you have a visa status that allows "dual intent," such as H-1B and L1, it’s better to keep your nonimmigrant status while your AOS is pending.
Q. What is "Authorized Stay"?
A. Certain people with accrued “unlawful presence” in the United States may still be eligible to apply for Adjustment of Status. Such applicants, with properly filed and pending I-485, are considered "present in the U.S. under a period of stay authorized by the attorney general." There are other cases, such as change of nonimmigrant status and refugee/asylee applications, where an applicant may be considered in such "authorized stay" status by the Department of Homeland Security (DHS). Note that "authorized stay" does not mean the alien is under "lawful status," but that during "authorized stay" the alien would not accrue "unlawful presence."
Q. What is an RFE?
A. RFE is an acronym short for Request for Evidence. If you receive an RFE from USCIS, you need to send more information to support your application, such as missing documents or incomplete forms in your application. Receiving an RFE doesn't mean your case will be denied or approved soon, although after long delays in security checks, an RFE may be a good sign that your case is moving again.
Q. Can I change jobs with a pending I-485 in an employment-based case?
A. Yes, you can. If your Adjustment of Status case has been pending for more than 180 days, and you also have an approved I-140, you are allowed to change employers under AC-21.
Q. How long does it take to receive a green card after I-485 approval?
A. Generally speaking it will only take one to two weeks to receive your green card after "Card Production Ordered" confirmation from USCIS. Therefore in most cases it is no longer necessary to have your passport stamped as evidence that you have become a permanent resident.
Q. Do I need H-1B, EAD, or AP after I-485 Approval?
A. No. After your I-485 application is approved by USCIS, you will be authorized to permanently live and work in the U.S. You can also use your green card to return to the U.S. after trips that last less than one year. If you plan to reside outside of the U.S. for one year or more, you need to apply for a reentry permit before your departure. Please consult with an experienced attorney before long term departure from the U.S.
Q. Do I need a new social security card after I-485 approval?
A. You can apply for a corrected social security card to remove the restriction on work authorization. However, you will still have your original social security number; the social security number will not change.
Q. Can I get a green card without filing I-485?
A. Yes. An eligible foreign national may choose to go to a U.S. Consulate abroad and make an application by Consular Processing. It is the same for foreign nationals who are outside the United States but wish to apply for green card from a foreign country. After you are approved by the U.S. Consulate, you will receive an immigrant visa and enter the U.S. as a permanent resident.
Q. Do I need to file a medical exam together with the I-485?
A. Yes. As part of the I-485 package, you need to include Form I-693. Take this form to a USCIS-approved civil surgeon and he/she will conduct the examination and return the form to you in a sealed envelope. Keep the envelope sealed. If you file your I-485 at a USCIS service center, include the envelope with the I-485. If you file your I-485 at the local office, procedures may vary. Some offices expect the I-693 together with the I-485, while most offices expect it at the time of the interview. Few exceptions apply; such as an I-485 for a fiancé K-1 Visa holders.
Q. I have an employment-based I-485 pending and was recently laid off. Can I start with another employer?
A. Under AC-21 provision, you may change employers within the same field if the I-485 takes at least six months to process.
Q. How long is the I-693 valid?
A. It expires after one year if you have not filed it with USCIS. It does not expire any more after filing, regardless of how long USCIS takes to process your case.
12/09/2010