People from other countries who currently live in the USA and want to receive a Green Card should prepare a pack of documents, and the I-485 is the number one form. In addition to the form, the applicant should also have an immigrant visa and a current priority date (this will be calculated by referring to the visa bulletin).
They must also possess all the supporting documents and undergo certain steps. We highlight the essential steps and actions below.
Table of Contents
Form I-485: Explanation & Importance
The cases when people live in the USA, but do not have a legal right, or their documents are not in order, are quite common today. Residents who want to legalize their residence and, at the same time, stay in the country should fill out the Form I-485. It is also necessary to know how to get the docs translated in case your papers are not in English.
When to File the USCIS Form I-485
A person must file their USCIS Form I-485 after they are “approved” or “filed” for a visa. USCIS is the U.S. immigration benefits agency. It will give you work permits and Green Cards (your I-485). It’s mandatory to be approved and also to have a new priority date. Generally, the process is like this:
- Filing of petition (employment, family, etc)
- Priority date is assigned
- Priority date becomes current
- You apply for an adjustment of status
- USCIS will ask for more evidence and decide
What You’ll Need: Required Documents
There is an I-485 checklist to ensure you have everything. All the form documents should have a certified English translation. The papers list always depends on the situation, marital status, and other personal aspects. However, the most common documents are:
- Completed Form I-485
- Paper or electronic medical exam
- Proof of lawful entry
- A copy of your passport/ID card
- Birth certificate
- Two passport-style photos
- Filing fee payment
- Approval notice of the petition
Other supporting documents (depending on your case):
- Financial support
- Marriage, divorce, or annulment record
- Permission for work
- Permission for traveling
- Proof of employment
How to Fill Out the Adjustment of Status Form
The adjustment of status form has numerous steps. These are in a logical order, so let’s examine them:
- Fill out the latest form
- Organize the required documents
- Submit your form (by mail or through the internet)
- Receive the receipt (Form I-797C) after a few weeks
- Go for biometrics (fingers and picture taken)
- Wait for the decision, maybe RFE
If there is an issue, they may request more evidence (RFE) within a time frame.
Common Mistakes
The I-485 application is very easy to mess up. Issues include using the old form, not including certified translations, or sending original documents when a copy will do.
The next thing to keep in mind is the medical. If by mail, it must be in an envelope. If by e-mail, you send it, but keep it for review.
Time Frames
Applicants should wait for a decision from 8 to 38 months (depending on category and location). This cannot be done quickly. You are able to apply for work permission and travel permission during this process, to continue working and traveling.
Final Thoughts
Permanent residency applications are not just forms: they are cases. It is a lengthy process that confirms the residential status and opens more possibilities for legal work and travel around the USA. Properly organized and submitted documents are the first step to a Green Card.
FAQ
Do I need to ask the lawyers to complete Form I-485?
Not necessary, but in the majority of cases, it may help prevent errors and get the documents sent on time. There are many documents with requirements, and so professional help may be needed.
What are my actions if my I-485 application is delayed?
Once you have sent your documents, time is needed to process them. You can check the status of your case with the receipt number, and answer USCIS requests as fast as possible.
What happens if there are any mistakes or if the document pack is incomplete?
You may receive a rejection, so you always need to check the completeness of the pack in advance.
