The tranquility of your legal status in the United States of America is really very important, for you and your family members, read the full article that we have prepared about him. Form I-485: Get the information you need, there will be many data that will clarify your procedure.
What is Form I-485
Form I-485, corresponds to the Permanent Residence Registration Application, also known as the Adjustment of Status Form.
This form is used to request the legal status of permanent residence, with the characteristic that the person requesting the adjustment must be within the United States.
Who can file Form I-485
According to the INA, acronym in English for the Immigration and Nationality Law, together with other federal laws, they offer foreigners various ways to adjust their immigration status to that of legal permanent resident.
This permanent legal residence is what allows them to obtain the so-called green card or green card.
The ability to be eligible for adjustment is associated with the category of immigrant interested in applying.
We then have a main applicant, who has the possibility of filing the I-485 form based on the following categories:
- For a family bond
- Employment relationship
- As a special immigrant
- Due to refugee or asylum status.
- For being a victim of human trafficking or other criminal situation
- Applying for special programs or additional options
The categories in turn are subdivided into 27 more subcategories, according to the adjustment form.
In case of applying form I-485, based on a family tie such as marriage, the applicant is the foreign spouse. Who must be in the North American nation, with a valid visa as proof of having been legally admitted.
Additionally, you must have an immigrant visa for the spouse. Which must be approved with the I-130 form.
If the spouse is a US citizen, forms I-30 and I-485 are filed simultaneously.
Who Cannot File Form I-485
There are situations that inhibit the filing of the Adjustment of Status Form I-485, the main one being that the spouse is not in the United States.
However, even when they are present within the country, they can be excluded from filing the I-485, if the following situations arise:
- He was admitted to the country as a crew member;
- Entered as a passenger in transit, that is, heading to another country;
- The condition of your admission was as an informant or witness
- Participate in terrorist activities, individually or in a group.
There are other justifications that automatically disqualify you from applying for lawful permanent residence. These are known as conditions of inadmissibility, including:
- For health conditions, such as mental illness or a contagious disease.
- Have a criminal history, based on your criminal record.
- Being considered a threat to the national security of the nation.
- Have broken or failed to comply with immigration laws or procedures.
- Due to the possible dependence on public or social benefits for the exercise of public office.
- With other conditions such as that their entry is related to the practice of polygamy, as well as having exercised the vote illegally.
It should be noted that depending on the family relationship or the category of the residence card, there are “exemptions ”That can correct the disqualification conditions.
How to fill out Form I-485
Completing the I-485 form can be done in three ways:
- Download and complete it from your electronic device.
- Download and print the form and fill it in manually. It must be legible and in black ink.
- Through SimpleCitizen’s Green Card app. This is a self-managed site, you must create a user, and answer a few simple questions. In no time, you will have the application for your adjustment of status.
Form I-485 consists of 13 parts, namely:
- This first part corresponds to personal data, such as full name, place and date of birth, nationality, passport data, entry visa,
- Part 2 refers to the type of application or category.
- Part 3, requests additional data about the applicant, such as immigrant visa application history, recent physical address and the last five years if applying, employment history.
- In Part 4, information about your parents is required
- Part 5 is about your marriage history.
Part 6, place information about your children, including children and adult stepchildren.
- Part 7, fill in your bio data, to confirm your identity.
- In Part 8, they are general requirements and grounds of inadmissibility, in order to ensure that you do not meet the conditions to be considered inadmissible to the United States.
- Part 9 is associated with the need for accommodation in case of disabilities and / or impairments, including a sign language interpreter.
- In Part 10, you must sign Form I-485. And put your contact details.
- Part 11 corresponds to the interpreter’s contact details, if used.
- In Part 12, if you have used the services of a lawyer, fill in the information related to him.
- Ending with Part 13, it will be signed when you interview at USCIS.
What documentation is required to file Form I-485
When making the application for adjustment of status or Form I-485, you must have a series of basic documents and other specific ones according to each case.
It is important that before starting the process, you make sure that you have all of them, to avoid setbacks or the denial of the legal permanent residence card, also called the green card.
Among the common documentation for all cases, are known:
- Obviously complete correctly and signed form I-485. It is recommended to download it from the website of the USCIS, acronym in English of the Immigration and Citizenship Service, to have the guarantee that the latest version of the application is used.
- Proof of having paid the corresponding fee according to the applicant category.
- The certified copy of the Birth Certificate. It must be in English language and if it has been translated, have the translation certificate.
- Two recent passport size photographs on the back must be identified with the applicant’s name. In case of having a alien registration number, place it.
- The legible copy of the page where a non-immigrant visa is shown, in case an embassy has assigned it to you in the year prior to the adjustment request.
- Successfully completed form G-325 A, in case of having an age between 14 and 79 years .. As a document of biographical information.
- Present the medical and vaccination history, by filling in the form I-693, complying with the rules established for the medical examination for the application for permanent legal residence. Taking into account the exceptions to this requirement, such as: refugees or people who are applying through the registry, among others, who only have to present the vaccines.
- The readable copy on both sides of the form I-94, entry and exit record, as evidence of immigration status.
- Optionally, if you want to follow up on the delivery of the application and documents, you must fill out the form G-1145 and attach it, so that the USCIS can confirm the receipt of the request via SMS or email.
The documents to be presented with the I-485 according to the category, will be discussed below:
By family ties:
- The declaration of support, using form I-864
- If the application is made by a US citizen for their spouse, their parents or an unmarried child under 21 years of age. Form I-130 or I-797 must be included as proof of approval.
- For all the cases of petition of a relative, attach the I-797
For an employment relationship:
- Attach a letter on official company paper, certifying the salary and confirmation of the availability of the job offered to the foreigner that is requested.
- Approval of the foreign worker’s petition with form I-140.
If the property of the applicant company belongs to relatives of the person requested, form I-864 must be completed, as a statement of support.
- In case the requested person is in the United States, present the H-1B or an L-1 visa, as proof of their immigration status.
- Copies of recent salary payment vouchers and the Labor Certificate approved by the Labor Office.
In asylum situation:
- It is enough to present a photocopy of the document certifying asylee status or the I-94 form.
For the Registry:
- All documents that can prove the stay in the nation since January 1, 1972.
By request for adjustment for forgiveness 245 (i) u
- For undocumented migrants who may benefit from the measure known as 245 (i) , attach form I-485 Supplement A.
For situations of human trafficking or victims of violence_ T or U visas
- Attach the form I-485 Supplement A and all the additional proofs requested in the I-485
For special military immigrants or in SIJ categories
- The request for the category and a police authorization.
How much does the application cost to file I-485
The cost of filing Form I-485 varies depending on the situation of each applicant:
- For those under 14 years of age, applying with at least one parent: $ 750
- Children under 14 years of age who do not apply with either parent: $ 1140.
- People between the ages of 14 and 78: $ 1,140 plus $ 85 for biometrics. Total: $ 1225
- 79 years or older: $ 1,140.
- As refugees: no cost, it’s free.
It only remains for us to wish you a successful application!
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