How to File for Adjustment of Status
If you are an existing temporary immigrant or nonimmigrant, or a permanent resident seeking to adjust your status, you must file United States Citizenship and Immigration Form I-485 Application to Register or Adjust Permanent Resident status. Any applicant must have previously acquired an immigrant visa number through another immigrant petition, or meet other eligibility standards, such as being a child or spouse of an eligible principle applicant, possess asylum or refugee status, are a Cuban immigrant, or already have permanent resident status and wish to adjust his status.
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Things You'll Need
- USCIS Form I-485
- Applicable supplemental forms to Form I-485
- Eligibility to file Form I-485
- USCIS filing fees of $930, plus an additional biometric services fee of $80, if applicable
- Method of delivering documents and forms via certified mail, including costs
Instructions
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Determine your eligibility to file Form I-485 Adjustment of Status. Alongside Form I-485, which is readily available online through the USCIS website on their forms page (see References), you should review the document titled "Instructions for Completing Form I-485", which outlines in detail over 10 categories of eligibility to file for adjustment of status to lawful permanent resident. Eligibility determination will dictate not only where you must file Form I-485, but also will dictate whether you must also file supplemental forms to Form I-485. Furthermore, under what eligibility category you are filing will determine what other documentation needs to be sent alongside a Form I-485, which are typically other USCIS forms previously filed to gain temporary immigrant status or other forms of residency in the United States.
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Consult with Form I-485 and Instruction to Form I-485 to determine what additional documentation you are required to file. This will most likely include copies of previously filed USCIS forms granting temporary residence in the U.S., as well as any Supplemental Forms to Form I-485 required. Other documentation applicable to filing Form I-485 includes what is known as "initial evidence." The initial evidence documentation includes, if applicable, a criminal history affidavit from law enforcement, a birth certificate, a copy of your passport page with nonimmigrant visa, biometric service photos of you and your fingerprints, medical examination documents, an affidavit of support or employment, and your evidence of eligibility.
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Fill out Form I-485 legibly , alongside any required supplemental forms, in black ink. Provide all required documentation with signatures and other notations required, as well as prepare the entire packet information, forms, and documentation in the manner requested by USCIS. A completed Form I-485 will require payment of applicable filing fees and biometric services fees, which should be in the form of a check or money order drawn from a United States-based financial institution or bank in the appropriate amount and made out to the appropriate entity, which will vary. You must consult the Instructions to Form I-485 to determine the amount and the entity the money must be made out to, per USCIS guidelines.
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Determine where to file the completed Form I-485. The filing locations for each eligible applicant will vary based on her category of eligibility. Once you have determined your applicable category of eligibility to file, you can then locate the appropriate USCIS service center or other institution.
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Tips & Warnings
Using an immigration attorney or lawyer is advisable during this process. An attorney can confirm eligibility of an applicant, prepare forms, and file the forms at the appropriate venue.
Denial of Form I-485 Adjustment of Status requests, on virtually any grounds, results in major issues with your overall immigration strategy. Having professional legal counsel help with filing and document preparation can greatly reduce the risk of denial.
All filing fees attached to Form I-485 are non-refundable, regardless of the outcome. Appealing USCIS decisions is limited in many to cases to filing Form I-694, which will incur you substantially more costs, in addition to previously provided filing fees.
References
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