Form I-485 is the application form to register permanent residence or change status. An individual or non-US citizen files this to obtain permanent resident status in the United States. Form I-485 is for non-US citizens who are in the United States and who are eligible to apply for the green card based on sponsorship by a family member, employer, or based on their refugee status/asylum.
Form I-485 is the application needed to be filed by anyone who wants to register existing permanent residence or adjust their current status. It can take eight to fourteen months, depending on the reason stated and how well you follow the steps.
What is Form I-485 (Adjustment of Status)?
Filing for I-485 or Adjustment of Status is complex and must be followed according to USCIS guidelines. This process is the final step to obtaining a green card. Once this step is completed, the individual becomes a lawful permanent resident.
A person has two options for applying for immigration status. If the applicant resides in the United States, he/she can apply using Form I-485, and if he/she is outside the United States, he/she can apply to the United States consular office in the country of origin.
Who Can File Form I-485?
An applicant (relative or husband or wife getting their green card) can file an I-485 based on seven broad categories: family, employment, special immigrant, asylum or refugee, a victim of human trafficking, or victim of a crime, special programs, and additional options.
Who Cannot File Form I-485?
First, parents or spouses who are not physically present in the United States cannot file the I-485. Second, even when physically present in the United States, certain eligibility exclusions prevent an I-485 petition from being filed.
You generally cannot file an I-485 if:
- You entered the United States as a team member;
- You entered the United States for transit (i.e., en route to another country);
- You have been admitted to the United States as a witness or informant;
- Where you are “deportable” because you were involved in terrorist activity or involved in a terrorist group.
In addition to the eligibility exclusions above, “inadmissible” grounds may prevent you from filing an I-485. This means you are disqualified from receiving a green card based on certain factors unique to you. These disqualifying categories include:
- Health-related reasons
- Criminal motives
- Security reasons
- Violations of immigration law or procedure
- Public paid land
Depending on the family relationship or green card category, “waivers” may be available to address some of the above disqualification grounds.
The Documents that USCIS Requires
USCIS recommends that the applicant review this checklist before completing and submitting Form I-485. The following documents are examples of items that USCIS recommends applicants include when submitting Form I-485:
- Two recent color passport-style photos of yourself.
- A government-issued photo ID to confirm your identity, such as a passport, driver’s license, or military ID.
- Birth certificate or, if there is none, other documents confirming your date and place of birth or written statements from parents.
- Copies of documents proving that you have been legally admitted to the United States, such as a stamped passport page or an I-94 arrival-departure record.
- Documents showing that you qualify for the immigrant class you are using to file your petition, such as your immigrant petition that you filed along with your Form I-485 or your Notice of Approval for a Filed Petition previously.
Form I-485 Processing Time
You can expect the total processing time for the I-485 to be at least 8-14 months. It may take four to six weeks for USCIS to accept your request and send you an acknowledgment of receipt. You will then receive a notice of your biometric appointment, which you must attend.
Family-Based Form I-485 Processing Time
Form I-485 processing time for family petitions is between 12 and 22 months. Form I-485 processing times vary depending on your adjustment category and the USCIS field office processing the request.
Employment-Based Form I-485 Processing Time
It can take about six months to approve a foreign worker’s application. However, if the application requires PERM labor certification, it may take up to 2 years to receive certification. The good news is that you can speed up the process with fee processing and reduce the processing time to 15 calendar days.
Asylum-Based Form I-485 Processing Time
Processing time was from 3 to 7 months, then 7-23 months, then 15-46 months. Now it’s 25-52 months and more.
Refugee-Based Form I-485 Processing Times
The only additional documentation that must be submitted with Form I-485 is a document that proves you have been granted asylums, such as a USCIS Notice of Approval or an order from an immigration judge. It takes about 14-22 months to process Form I-485.
You must submit documentation that proves you have been granted refugee status, such asForm I-94or Form I-571, Refugee Travel Document.
The Steps to Follow Next After Filing Form I-485
After submitting Form I-485 and all other required forms, there are still a few steps to take to become a permanent resident of the United States. This guide will help you understand each of these steps.
Your Application is Received
Once USCIS receives your request, it must send you a receipt within 30 days. If you attach Form G-1145 Electronic Notice of Acceptance of Claim/Petition to your Form I-485, you will also receive a confirmation email or text within 24 hours of acceptance of your claim.
Both the physical and electronic receipts will have a receipt number. You can use this number to check the status of your file and see where your file is in the application process.
Your Biometrics Appointment is Scheduled
Once your I-485 is filed, you will receive a notification by mail of your Biometrics Services appointment at your local Application Support Center (ASC). The notice will include the date, time, and place of your appointment. During this appointment, you will provide your fingerprints, photo, and/or signature, which will be used to verify your identity and conduct a background check.
You Attend Your Biometrics Appointment
A biometric appointment, also known as a biometric screening, is usually a short appointment so that USCIS can collect your fingerprints, photo, and signature. Your appointment notice will tell you what to bring to your appointment. USCIS can accept identification documents such as:
- Passport photograph issued by your country
- Driver’s license
- A military identity document with a photo
- A state-issued identity card with a photo
You Receive Your EAD Card
If you also filed Form I-765, Application for Employment Authorization, andForm I-131, Application for Travel Document, as part of your adjustment of status case, you will receive anEmployment Authorization Document(EAD). Many people call this a work permit. If you have applied for both, the EAD and Early Parole travel documents are usually combined into one card.
You Receive Your Notice of Interview
Next, in the I-485 timeline, you and the applicant will likely receive a summons to attend an adjustment of status interview. However, your interview may be canceled, or USCIS may not require your petitioner to be present. Interviews are not to be feared; they are part of the normal process. The nature of your case will affect the interview decision, but submitting a well-prepared case with all necessary documentation increases your chances.
You Attend Your Adjustment of Status Interview
If you plan to attend an adjustment of status interview, it’s a good idea to prepare. Start by going through your Form I-485 and related forms. Make sure you know the answers well. If something is outdated, bring the updated information to the interview.
You Receive Permanent Residence
After the interview, USCIS will send you a written notice of its decision. If approved, you will receive your green card shortly thereafter. If your application is rejected, the decision mail will explain why. It also tells you whether you can appeal the decision. You can still request a review even if it says the decision cannot be appealed. To file an appeal or motion, you must use Form I-290B, Notice of Appeal or Motion.
Form I-485 Processing Time Summary
After you submit Form I-485, Application for Adjustment of Status, and related forms, your I-485 may take 8-14 months to process. An important factor will be the basis of your adjustment of status (e.g., family, employment, asylum, etc.). This is an approximation. It may be shorter or longer, depending on each individual.
Form I-485 Processing Time FAQ
1# How soon after filing your I-485 did you receive your green card?
You can expect Form I-485 handing out time to be at least 8-14 months. It may take four to six weeks for USCIS to accept your request and send you an acknowledgment of receipt.
2# How long does it take for NBC to process I-485?
In cases where a visa has been revoked, applicants must submit a written transfer request to move their I-485 from one category to another. EB cases referred to NBC will be forwarded to field offices for a final decision, which may include an interview
3# How long does it take for I-485 to be approved?
Form I-485 processing time for family petitions is between 12 and 22 months. Form I-485 processing times vary depending on your adjustment category and the USCIS field office processing the request.
4# How long does it take for biometrics after getting an I-485 approved?
You can expect Form I-485 processing time to be at least 8-14 months. You will then receive a biometric appointment notification that you must attend.
5# What happens after notice of acceptance from USCIS?
Official notice of receipt from USCIS will be issued and mailed within 1-3 weeks, depending on the case. The service desk will then review the request with possible outcomes: approval, request for evidence (RFE), or, in rare cases, denial.
6# What is contained in the USCIS for the I-140 notice sent?
It is possible to receive a Notice of Intent to Withdraw (NOIR), which usually expresses an intention to withdraw approval based on something newly discovered (perhaps the petitioner’s claim was false, or circumstances changed before approval, and USCIS was unaware).
7# Do I need to file Supplement A to Form I-485 with Form I-485?
You must use Appendix A to adjust your status under Section 245 of the INA. You cannot adjust the status based solely on the submission of Schedule A. You must also file Form I-485 and be eligible for a visa under the family immigrant, employment, special immigrant, or diversity visa category.
8# What is the time frame for a USCIS to send a work permit?
United States Citizenship and Immigration Services (USCIS) generally takes approximately 150-210 days (5-7 months) to process Form I-765. Previously, USCIS processed work permit applications within 90 days, but the growing backlog has led to further delays.
9# Can I file I-130 and I-485 together?
If you and your relative are filing Form I-130 and Form I-485 together, you can still file Form I-130 online, but you must physically mail Form I-485 to the appropriate USCIS service center.
10# How long does it take for my status adjustment to be approved?
Obtaining a green card through AOS can be a slow process, and the exact time for adjustment of status will depend on your situation. Spousal green card AOS processing time currently takes 12-22 months for the spouse of a US citizen and 12-22 months for the spouse of a US green card holder.
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FAQs
What is Processing time for I-485? ›
(The location will generally be the USCIS Application Support Center nearest you.) USCIS requires applicants to be fingerprinted for the purpose of conducting a security clearance and criminal background check. Don't be alarmed — All applicants must have background checks.
What is the average processing time for I-485? ›You can expect the total I-485 processing time to be at least 8 to 14 months. It may take four to six weeks for USCIS to accept your application and send you a confirmation receipt.
How long does I-485 take to process 2023? ›Form I-485 Timeline
The processing time for Form I-485 for family-based applications is currently 13.5-23.5 months. Processing times for Form I-485 vary depending on your category of adjustment and which USCIS field office is processing the application.
How Accurate is the USCIS Processing Times? The processing times on the USCIS website are updated with 1-month-old or 2 months old data, depending on the type of application. Considering this, you can be certain that the data is relatively accurate for most applications.
Can I-485 be approved without an interview? ›In this case, the I-485 Adjustment of Status was approved without a Request for Further Evidence (RFE) and with an interview waiver. This means that the marriage based green card was approved without the spouses attending an interview at the USCIS offices. The processing time was approximately 14 months.
How to expedite I-485 processing time? ›You can generally request expedited processing by calling the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833) or by asking Emma after you have obtained a receipt notice.
How long is the I-485 interview? ›The I-485 interview itself will take around 30-60 minutes. However, the waiting time for the interview will be another 30-90 minutes. Besides, getting to the USCIS office itself may be a long trip for you; made longer by the fact that you should leave plenty of time to get there.
Will USCIS be faster in 2023? ›The USCIS has also improved its processing time for work permits in 2023 to 3.6 months, up from 4.1 months in 2022. Green card petitions under the Cuban Adjustment Act of 1966 are being processed much faster in 2023 (3.4 months compared to the 5.4 months processing time for 2022).
What is the current wait time for green card? ›The current wait time for Form I-130 is 12.4 months. Form I-485 (“Application for Adjustment of Status”): Family-based green card applications (in other words, immediate relatives or spouses of a U.S. citizen) for applicants filing from within the United States average 11.7 months.
What is my status while I-485 is pending? ›If the F-1 student applies for an I-485 adjustment of status and an EAD and he uses the EAD while the I-485 is being processed, he is in I-485 pending status. If his I-485 application is approved, he will become a permanent resident of the U.S.
Will USCIS speed up green card? ›
USCIS may expedite processing on your case if you can prove that a person or company will suffer severe financial loss if USCIS does not give you a decision on your case sooner rather than later.
How many cases does USCIS approve a day? ›On an average day we:
Adjudicate more than 32,500 requests for various immigration benefits. Process 3,700 applications to sponsor relatives and future spouses. Analyze nearly 550 tips, leads, cases and detections for potential fraud, public safety and national security concerns.
USCIS has 120 days from the date of the initial naturalization interview to issue a decision. If the decision is not issued within 120 days of the interview, an applicant may request judicial review of his or her application in district court.
Does USCIS do background check for I-485? ›The Background Check Process for I-485 Application
U.S. Citizenship and Immigration Services (USCIS), the Federal agency that oversees immigration benefits, performs checks on every applicant, regardless of ethnicity, national origin or religion. FBI name checks are also required for many applications.
All adjustment of status applicants must be interviewed by an officer unless the interview is waived by USCIS. The decision to waive the interview should be made on a case-by-case basis. The interview enables USCIS to verify important information about the applicant to determine eligibility for adjustment.
Is USCIS approving I-485 without medical? ›The medical exam is, however, required before a I-485 can be approved. As of March 2023, USCIS has waived the requirement that medicals must be filed within 60 days of the doctor's signature when filing I-485.
What is the premium processing for I-485? ›Premium processing is an optional service that allows petitioners that are using the I-140 petition for certain visas to expedite the processing times of these petitions from the typical average of six months to just 15 calendar days for an extra fee of $2,500.
How long does it take to get a green card after i485 case is approved? ›After you receive the notice, you should get your green card in the mail. Generally speaking, you can expect the welcome notice to arrive 30 days after approval and the green card to arrive 30 days after the welcome notice.
How long does it take to get a response after biometrics? ›After biometrics, you should receive a decision about work authorization within 90 days (or 30 days for initial Asylum applicants) from the receipt date on your Form I-765. EOIR- granted asylees will sometimes receive a 2-year EAD card by mail within 7 to 10 days from the day the biometrics information is received.
How do I know my I-485 is approved? ›Go to our Case Status Online page and use your Form I-485 receipt number to look up your case status. Submit a case inquiry if you think your application is outside of our normal processing times. Call our USCIS Contact Center at 800-375-5283.
How long does it take for an officer to review after 485 interview? ›
When Can I Expect A Decision After My I-485 Interview? If you did not receive a decision at the end of your interview, you should expect to receive a decision from USCIS within 30 days. We are aware of many cases, however, where USCIS does not meet this deadline.
How many interviews do you need for a green card marriage? ›After filing a marriage-based Form I-485, Application to Adjust Status, there are generally two appointments. USCIS will schedule a biometrics appointment for the applicant (usually within the first couple of months) and then the interview appointment several months later.
Which Uscis field office is the fastest? ›The most efficient U.S. Citizenship and Immigration Services field office is also stated to be in Cleveland. The USCIS office efficiency is reflected in the highest backlog completion of 71.3%, and the nation's shortest average processing time, which is only four months.
Why is USCIS so slow 2023? ›One major reason for the slower review times is that immigration forms have significantly increased in length over the last two decades, from fewer than 200 pages total in 2003 to more than 700 pages total in 2023. Overall, 93% of USCIS forms have grown in length since their introduction.
What is the fastest immigration process? ›1. Marriage to U.S. Citizen. This is the fastest way to immigrate. Typically, the process lasts from six to nine months, after which a temporary Green Card is received.
What happens after I 485 is approved? ›Upon approval, the applicant is mailed a Form I-551, Permanent Resident Card. The date the Form I-485 is approved becomes the date of adjustment, which in turn determines how soon the newly adjusted Lawful Permanent Resident (LPR) may apply for U.S. citizenship. Permanent Resident Cards are valid for ten years.
What is the slowest USCIS office? ›The worst 3 government offices handling citizenship applications least efficiently are in St. Paul, Minnesota; Miami, Florida; and Houston, Texas.
Can I apply for US citizenship after 3 years of green card? ›You may file Form N-400, Application for Naturalization, 90 calendar days before you complete your continuous residence requirement if your eligibility for naturalization is based upon being a: Permanent resident for at least 5 years; or. Permanent resident for at least 3 years if you are married to a US citizen.
Can I travel with I-485 pending? ›In short, if you plan to go outside of the United States while your I-485 adjustment of status petition is pending, but you still have a valid H-1B visa, you can utilize the visa to return to the United States after your trip. You do not need to get any extra travel documents in this scenario.
How are 485 applications processed? ›What is the processing procedure for I-485? Initial processing of the application takes place at a USCIS Lockbox Facility or a service center. After the application has been filed, the applicant will next hear from the USCIS when a fingerprinting notice is sent.
Which green card approval is fastest? ›
- The Green Card Lottery (Diversity Lottery) ...
- Family-Based Green Cards. ...
- Employment-Based Green Cards. ...
- Corporate-Based Green Cards.
EB-1 Visa for Priority Workers
Only a few applicants fall under this qualification, but if this category applies to you, then you're in luck! Individuals under EB-1 eligibility typically experience the quickest application process for a green card.
Premium processing provides expedited processing for Form I-129, Petition for Nonimmigrant Worker; Form I-140, Immigrant Petition for Alien Worker; and Form I-765, Application for Employment Authorization, for a fee.
How many I 485 applications are pending? ›Currently, about 234,000 people have employment-based adjustment of status (Green Card) applications pending in the United States and are waiting to get a visa.
What is the 3 day rule USCIS? ›Employers must complete and sign Section 2 of Form I-9, Employment Eligibility Verification, within 3 business days of the date of hire of their employee (the hire date means the first day of work for pay). For example, if your employee began work for pay on Monday, you must complete Section 2 by Thursday of that week.
What is the 3 1 rule USCIS? ›The Three-For-One Rule
When making a determination whether a foreign national possesses the required academic credentials necessary for an H-1B occupation, the USCIS will consider three years of specialized training and/or work experience to be the equivalent of one year of college education.
There was a time when USCIS did not normally ask for an adjustment of status interview for employment-based green card applications. Accordingly, USCIS may find that it is more effective and efficient to approve some number of employment-based green card applications without an interview moving forward.
How do you know if your USCIS interview went well? ›If everything goes well in the interview, the USCIS officer will likely tell you that he/she is approving the application. He/she may also hand you a piece of paper containing information about your oath ceremony. In some cases, the USCIS officer cannot make a decision after the naturalization interview.
How can I force USCIS to make a decision? ›If there have been unreasonable delays in your case, you may file a complaint against the Immigration Service in the Federal Court, and the Court can force the Immigration Service to make a decision in your case.
Can immigration judge approve 485? ›If USCIS grants the I-130 petition, the next step is to submit Form I-485 (the adjustment of status application) to the immigration judge. When a foreign national applies for adjustment of status during removal proceedings, the immigration judge receives and makes a decision on Form I-485, instead of USCIS.
Can I work after I-485 is approved? ›
Normally, these applications are prepared by the attorney who files the I-485. Once the EAD card has been issued, one can work on the basis of the EAD instead of the underlying nonimmigrant status (such as H-1B).
Does USCIS check your home? ›Immigration officers may not enter your home unless they have a “warrant.” A warrant is a document issued by a court or government agency. There are two types of warrant — one for when they are coming to arrest you, and another for when they have permission from a judge tosearch your home.
Has anyone approved I-485 without interview? ›In this case, the I-485 Adjustment of Status was approved without a Request for Further Evidence (RFE) and with an interview waiver. This means that the marriage based green card was approved without the spouses attending an interview at the USCIS offices. The processing time was approximately 14 months.
Is the I485 approved before or after interview? ›Congratulations! If the I485 interview is successful, then the USCIS officer will approve your I-485 application. Your new green card will be sent by mail 2 to 3 weeks after your interview.
Why 485 can be rejected? ›Common reasons for denial of an I-485 application
You fail your medical exam. This can include missing information such as a failure to show documentation that you have the necessary vaccinations. Certain criminal violations.
Don't be alarmed — All applicants must have background checks. The USCIS biometrics appointment, also known as a biometric screening, is generally a short appointment (less than 20 minutes) so that USCIS can collect your fingerprints, photograph and signature.
Can I be deported if my 485 is denied? ›If your application for adjustment of status has been denied, you can be subject to deportation (removal) proceedings. Seek the assistance of an experienced U.S. immigration attorney. The attorney can help you decide what to do next.
What does USCIS medical check for? ›The physical exam is fairly standard and involves checking the eyes, ears, nose, and throat. We will also listen to the heart and lungs. We will use a mental status exam to check judgment, mood, and behavior. The applicant must receive any missing required vaccinations before being admitted as a permanent resident.
Does USCIS expedite 485? ›Expedited green card processing times
However, USCIS can sometimes take as little as three months to process Form I-485, which adjusts status to a permanent resident. If USCIS agrees that you meet the criteria for an expedited green card, they will process your petition as quickly as possible.
The processing time for concurrent filing of I-130 and I-485 is around 32 months. At the same time, I-140 and I-485 are concurrently processed in around 22 months. It is important to note that there are no expedited schemes for concurrent filing.
How much is the processing fee for I-485? ›
| If You Are… | Form Fee | Total |
|---|---|---|
| Under 14 and not filing with the Form I-485 application of at least one parent | $1,140 | $1,140 |
| Age 14–78 | $1,140 | $1,225 |
| Age 79 or older | $1,140 | $1,140 |
| Filing Form I-485 based on having been admitted to the United States as a refugee | $0 | $0 |
If USCIS finds individuals to be inadmissible, applicants will need to apply for and receive waivers of inadmissibility. At this point, USCIS may choose to approve or deny the I-485.
Can I travel if my I-485 is pending? ›Generally speaking, to be able to travel abroad while waiting on the pending I-485, you need to get an Advance Parole document issued by the USCIS. You will receive an I-512 L (Authorization for Parole of an Alien into the United States) if approved.
Which gets approved first I-130 or I-485? ›In most cases, you must wait until I-130 approval before filing an I-485 application. However, there are two exceptions to this rule: Current filing is allowed for all immediate relatives of U.S. citizens because there is an unlimited number of visas for this group; and.
What happens after I-485 is approved? ›Upon approval, the applicant is mailed a Form I-551, Permanent Resident Card. The date the Form I-485 is approved becomes the date of adjustment, which in turn determines how soon the newly adjusted Lawful Permanent Resident (LPR) may apply for U.S. citizenship. Permanent Resident Cards are valid for ten years.
Will USCIS speed up in 2023? ›The USCIS has also improved its processing time for work permits in 2023 to 3.6 months, up from 4.1 months in 2022. Green card petitions under the Cuban Adjustment Act of 1966 are being processed much faster in 2023 (3.4 months compared to the 5.4 months processing time for 2022).
Which is the fastest approval of i485? ›Since October of 2020, applications filed at TSC are generally processed much slower than the national benefits center. This is the fastest approval of an employment-based I-485 for FY 2021 by far.
What are the chances of I-485 approval? ›What are the chances of I-485 denial? Some statistics suggest that as many as 11% of Form I-485 applications are rejected. A poorly prepared application can also delay the approval process and even create significant immigration problems.
Do I need a lawyer to file I-485? ›Do I Need an Attorney for Filing I-485, Or Can I File It By Myself? You file the I-485 form by yourself, no matter what grounds you file for, even if it applies to an employment-based green card.
Who pays I-485 filing fee? ›I-485 Fees: There is nothing that precludes payment of I-485 fees by the employee. Therefore, an employer may enter an agreement specifying that the employee is responsible for all costs associated with this process, including filing fees, biometrics fees and attorneys' fees.
Can I-485 be denied after I-130 is approved? ›
Answer: If your I-130 was approved but I-485 was denied, the USCIS officer probably determined that you were inadmissible for purposes of adjustment of status or did not meet all requirements for adjustment of status.