Adjustment of Status (I-485) Application Procedure

An I-485, Application to Register Permanent Residence or Adjust Status, should be submitted to obtain permanent residence status. It is usually filed with supporting evidence and may be filed in conjunction with several other applications or petitions.

Documents

• Fee payment
  
  
• A G-28, Notice of Entry of Appearance as Attorney or Representative, if you have a lawyer. Facsimile signature stamps are acceptable for the signature of the representatives. However, applicants must sign the Form G-28 submitted with the application on the original.
  
  
• An I-485, Application to Register Permanent Residence or to Adjust Status
  
  
• Photos
  2 identical photographs
  
  
• I-485 Supplement A, and penalty fee if applicable
  
  
• I-765, Application for Employment Authorization (Work Permit). Optional. If you want work authorization while I-485 is pending
  
  
• I-131, Application for Travel Document. Optional. If you need to travel outside the U.S. while I-485 is pending
  
  
• G-325A, Biographic Information Sheet, if you are between 14 and 79 years of age
  
  
• I-693, Medical Examination of Aliens Seeking Adjustment of Status
  Complete details
  
  
• I-601, Application for Waiver of Grounds of Excludability, if applicable.
  Consult an attorney to decide whether to file I-601 or not.
  
  
• Birth certificate
  Copy of your foreign birth certificate
  
  
• Copy of passport page with nonimmigrant visa
  If you have obtained a nonimmigrant visa(s) from an American embassy or consulate abroad within the last year, submit a photocopy (or photocopies) of the page(s) of your passport containing the visa(s).
  
  
• Police clearances
  If you are filing for adjustment of status as a member of a special class described in an I-485 supplement form, please read the instructions on the supplement form to see if you need to obtain and submit police clearances, in addition to the required fingerprints, with your application.
  
  Note: Most people do not need this.
  
  
• Evidence of status
  Submit a copy of your Form I-94, Nonimmigrant Arrival/Departure Record, showing your admission to the United States and current status, or other evidence of your status.
  
  If you entered using a Border Crossing Card, submit a photocopy of both sides of the card.
  
  If you don’t have such proof, contact an attorney before proceeding further or you may risk deportation.
  
  
• If you want to receive an email and/or a text message that your Form I-485 has been accepted at a USCIS Lockbox facility, complete Form G-1145, E-Notification of Application/Petition Acceptance, and clip it to the first page of your application.
  
  
• Category-specific
  
  
  • Family
    
    • I-864, Affidavit of Support
      
      
    • Family category-specific
      • Immediate relatives
        Either your original I-130, Petition for Alien Relative (if you are filing concurrently), or a copy of your I-797, Notice of Action (if the petition was already approved)
        
        
      • Other family members
        Copy of your I-797, Notice of Action, I-130 approval notice in the category that has a current priority date
        
        
      • If you did not enter legally or your sponsoring spouse is a permanent resident, and if you gained the right to live and adjust status through V visa, submit a copy of your approval notice for V visa.
        
        
      • Children in K2 visa do not need separate I-130 petitions filed on their behalf before applying for adjustment of status. Children in K4 visa do need separate I-130 petition filed on their behalf, for each child.
        
  • Employment
    
    • Copy of I-797, Notice of Action, showing that I-140, Immigrant Petition for Alien Worker, has been received or approved by USCIS. If the priority date is current, you can concurrently file Form I-485 with Form I-140.
      
      For those whose I-140 is pending, I-485 can also be filed prior to the approval of I-140. Receipt notice I-797 for I-140 must be submitted along with I-485 application to establish the eligibility.
      
      Concurrent filing rule reduces the necessity to file 7th-year H1 extension. For those that concurrently file I-485 with I-140, in case I-140 is denied for some reason, the person would lose all the filing fees for I-485.
      
      
    • I-864, Affidavit of Support, ONLY for an I-140 petition related to a business that is 5% or more owned by the applicant’s family
      
      
    • Employment letter on the letterhead of the petitioning employer which confirms that the job on which the visa petition is based is still available to you. The letter must also state the salary that will be paid.
      
      Sample Employment Letter
      
      
    • Copy of approved Labor Certificate
      
      
    • Copy of approved I-140
      
      
    • Copy of degree certificate
      
      
    • Copies of recent pay stubs
      
      
    • Copy of I-797 Notice of Action. It is an H-1B/L1 visa status document.
      
      
  • Fiance(e)
    If you were admitted into the United States as a fiance(e) of a U.S. citizen and married that citizen within the required 90 days,
    • I-864, Affidavit of Support
      
      
    • A copy of the I-129F fiance(e) petition approval notice
      
      
    • A copy of your marriage certificate
      
      
    • A copy of Form I-94
      
      
  • Asylee/Refugee
    
    • I-602, Application by Refugee for Waiver on Grounds of Excludability, if applicable
      
      
    • Evidence of one year’s physical presence in the United States. Please keep physical presence evidence to an absolute minimum. Evidence might include a letter of employment, a lease, school enrollment records, or similar documentation, which would cover broad periods of time.
      
      
    • Proof of any absences from the U.S. since your admission into the U.S. as an asylee/refugee. For example: photocopies of pages in refugee travel document or passport.
      
      
    • Proof of any legal name change you have obtained since you were granted asylum/refugee status
      
      
    • Asylee
      By law, only 10,000 asylees can adjust status to Lawful Permanent Resident per year; however, the USCIS is receiving between 25,405-43,881 applications per year. Therefore, there is a delay of many years to adjudicate the application.
      
      
      • In I-485 application, box “d” of Part 2 should be marked. If the applicant is an Iraqi who processed through Guam, also write “IRAQI/GUAM” in the margin.
        
        
      • A copy of the letter granting asylum or Form I-94 that shows the date you were granted asylum in the United States. If alien was initially given conditional asylum, submit evidence to show that the conditions have been removed.
        
        
    • Refugee
      
      • In I-485 application, box “h” of Part 2 should be marked with the word “refugee” printed on the accompanying line.
        
        
      • Evidence of refugee status. This might include a clear, readable photocopy of Form I-94 or a copy of your Employment Authorization Document.
        
        
      • Vaccination “Supplemental Form to I-693.” A complete Form I-693 (which includes the Form I-693 and its supplement) is required only if:
        1. There were medical grounds of inadmissibility noted at the time of arrival in the United States or
           
           
        2. The refugee status was granted to the alien in the U.S. by an approved Form I-730, Refugee/Asylee Relative Petition.
           
           If neither of these conditions apply, all that is required is the vaccination supplement.
           
           
  • Continuous residence in U.S. since Jan 1, 1972
    Copies of evidence that shows continuous residence in U.S. since Jan 1, 1972
    
    
  • Cuban citizenship/nationality
    Evidence of your citizenship or nationality, such as a copy of your passport, birth certificate, or travel document.
    
    
  • Derivative status
    Based on derivative status as the spouse or child of another adjustment applicant or person granted permanent residence based on issuance of an immigrant visa.
    
    More details
    
    
  • T- or U-based nonimmigrant
    
    • A copy of your Form I-797C, Notice of Action, for approval of your T or U nonimmigrant status.
      
      
    • A copy of your Form I-94, Arrival-Departure Record
      
      
    • A copy of all pages of your passport with a T or U nommigrant visa, or explanation why you do not have a passport
      
      
  • Other
    Copies of documents proving that you are eligible for the classification
    
    
• Grandfathered applications
  Legal entry and permanent resident spouse-based green card
  If you were grandfathered in based on an I-130 that was filed between Jan 14, 1998 and Apr 30, 2001, include proof that you were physically present in the U.S. before, on, and after Dec 21, 2000. Such proof might include copies of immigration stamps in your passport, hotel or rent receipts, medical records, school records, utility bills, tax returns, car registrations, traffic tickets, employment payroll documents, and anything else appropriate.
  
  If your visa petition was on file with INS (USCIS’s former name) by one of the legal deadlines, you may be able to adjust status in the U.S. Include a copy of the Form I-130 that was filed in time to grandfather you in, any proof of its mailing, and the subsequent INS approval notice to prove that you are grandfathered in.

Fee Payment

Application fee: Application fee must be sent with the application. It is lower if you are under 14 years of age. No application fee if you are filing as a refugee.

Biometric fee: If you are between the ages of 14 and 79 years, you need to pay biometric services fee for USCIS to take fingerprints.

I-485 fee includes the fee for I-131 (Advance Parole) and I-765 (EAD or Employment Authorization Document). Therefore, you don’t have to send separate fees for I-131 or for I-765. You can either file I-131 and/or I-765 concurrently with I-485 or separately. If you file them separately, you must also submit a copy of the receipt for your Form I-797C, Notice of Action, as evidence of the filing of an I-485.

Fee details

Assembling the Application

Arrange the documents in following order:

Fee payment
Form G-28, if applicable
Form I-485 with two photos attached
Form I-485 Supplement, if applicable
Form I-864, if applicable
Form I-131 and/or Form I-765
G-325A
Other evidence
Supporting documentation

To hold each application packet together, please use a single staple or a strong paper clip. Several different application packages may be submitted in the same mailing. It is requested, however, that units be identified. For example, rubber band together all applications pertaining to the “Patel” family, all applications pertaining to the “Mehta” family, etc.

Application filing instructions

There is a special order of assembly for asylum/refugee-based application:

Asylee: Fingerprint fee, I-485 filing fee, G-28, I-485, photos, G-325A, evidence of asylee status, I-602, evidence of one year’s presence, proof of any absences from the U.S., birth certificate, proof of name change, I-693 Medical with Vaccination Supplement, I-765, I-131.

Refugee: Fingerprint fee, I-485, photos, G-28, G-325A, vaccination “Supplemental Form to I-693”, evidence of refugee status, I-602, evidence of one year’s physical presence in the U.S., proof of any absences from the U.S., birth certificate, proof name change, I-765, I-131.

Filing The Application

As any concurrently filed applications such as (I-131, I-765) are not always processed with the I-485, each must be complete in its own right, and you must submit all the required documentation with each concurrent application.

Mailing location depends upon the category the application is filed in.

• For following eligibility categories:
  
  • Spouse, parent, unmarried son/daughter under age 21 of a U.S. citizen with an approved or concurrently filed Form I-130;
    
    
  • Beneficiary of an approved Form I-130 filed by a qualifying relative;
    
    
  • Spouse or child of an immigrant who has applied for adjustment of status or has been granted Lawful Permanent Residence through a Family Sponsored Visa category that allows derivative status for spouses and children;
    
    
  • K-1 Fiancé(e) (and K-2 dependents) whose Form I-485 is based on an approved Form I-129F, Petition for Alien Fiancé(e);
    
    
  • Beneficiaries of an accepted, approved or concurrently filed Form I-360, Petitioner for Amerasian, Widow(er), or Special Immigrant, classified as an “Amerasian”, “Widow(er) of a U.S. Citizen who died within the past two (2) years”, “Special Immigrant Juvenile”, or “Special Immigrant Armed Forces Member”.
    (Where applicable, you must include a copy of the Form I-797C Notice of Approval, showing that your Form I-360 was accepted or approved.)
    
    
  • Applicants eligible under the Cuban Adjustment Act of November 2, 1966;
    
    
  • Registry applicant filing Form I-485 based on continuous residence in the U.S. since before January 1, 1972;
    
    
  • Diversity lottery winner eligible to file Form I-485;
    
    
  • Public Interest Parolees from certain former Soviet and Southeast Asian countries filing Form I-485 under Public Law 101-167 (the “Lautenberg Amendment”);
    
    
  • Registry applicant filing Form I-485 based on birth in the U.S. to a foreign diplomat officer;
    
    
  • Former diplomat filing Form I-485 under Section 13 of the Immigration and Nationality Act;
    
    
  • Applicants who are beneficiaries of Private Bills
    
    
• If you live in: Alaska, California, Commonwealth of Northern Mariana Islands, Connecticut, Delaware, District of Columbia, Florida, Georgia, Guam, Hawaii, Illinois, Indiana, Iowa, Kansas, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, Texas, U.S. Virgin Islands, Vermont, Virginia, Washington, West Virginia, or Wisconsin, file at:
  
  USCIS Chicago Lockbox
  
  For U.S. Postal Service (USPS) deliveries:
  USCIS
  Attn: AOS
  PO Box 805887
  Chicago, IL 60680-4120
  
  For Express mail and courier deliveries:
  USCIS
  Attn: AOS (Box 805887)
  131 South Dearborn, 3rd Floor
  Chicago, IL 60603-5517
  
  
• If you live in: Alabama, Arizona, Arkansas, Colorado, Idaho, Kentucky, Louisiana, Mississippi, Montana, Nevada, New Mexico, Oklahoma, Tennessee, Utah, or Wyoming, file at:
  
  USCIS Phoenix Lockbox
  
  For U.S. Postal Service (USPS) deliveries:
  USCIS
  Attn: AOS
  PO Box 20500
  Phoenix, AZ 85036-0500
  
  For Express mail and courier deliveries:
  USCIS
  Attn: AOS (Box 20500)
  2108 E. Elliot Rd.
  Tempe, AZ 85284-1806
  
  
• For following eligibility categories:
  • Beneficiary of an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, based on the eligibility category “Battered Spouse/Children” and you are filing for adjustment of status.
    
    
  • A T-based nonimmigrant.
    
    USCIS – Vermont Service Center
    Attn: CRU
    38 River Road
    Essex Junction, VT 05479-0001
    
    
• For following eligibility categories:
  • Based on a concurrently filed, pending, or approved Form I-360 for:
    • Religious Worker
      
      
    • International Organization Employee or Family Member
      
      
  • Based on an approved Form I-360 for:
    • Panama Canal Company Employment
      
      
    • U.S. Government in Canal Zone Employment;
      
      
    • Special Immigrant Physician;
      
      
    • International Broadcasters
      
      Note: You cannot concurrently file Forms I-360 and I-485 for the 4 classifications above. Include a copy of the I-797C Notice of Action showing that the Form I-360 was approved.
      
      
  • Asylum Status
    
    
  • Refugee Status
    
    
  • HRIFA (Haitian Refugee Immigrant Fairness) Dependent
    
    The filing period for HRIFA principals has closed. Only eligible dependents may file Form I-485.
    
    
  • Based on an approved Form I-526, Immigrant Petition by Alien Entrepreneur. (Note: You cannot file Forms I-526 and I-485 concurrently.)
    
    (You must include a copy of the Form I-797C Notice of Approval, showing that your Form I-526 was approved.)
    
    USCIS Dallas, Chicago, or Phoenix Lockbox, based on where you live:
    
    
  • If you live in: Alaska, Arizona, California, Colorado, Commonwealth of the Northern Mariana Islands, Guam, Hawaii, Idaho, Indiana, Kansas, Maryland, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, Pennsylvania, South Dakota, Utah, Washington, Wisconsin, Wyoming, file at:
    
    USCIS Phoenix Lockbox
    
    For U.S. Postal Service (USPS) deliveries:
    USCIS
    Attn: NFB
    PO Box 21281
    Phoenix, AZ 85036-1281
    
    For Express mail and courier deliveries:
    USCIS
    Attn: NFB (Box 21281)
    2108 E. Elliot Rd.
    Tempe, AZ 85284-1806
    
    
  • If you live in: Alabama, Arkansas, Connecticut, Delaware, District of Columbia, Florida, Georgia, Kentucky, Louisiana, Massachusetts, Mississippi, New Mexico, North Carolina, Oklahoma, Puerto Rico, South Carolina, Tennessee, Texas, U.S. Virgin Islands, or Virginia, file at:
    
    USCIS Dallas Lockbox
    
    For U.S. Postal Service (USPS) Deliveries:
    USCIS
    Attn: NFB
    PO Box 660867
    Dallas, TX 75266-0867
    
    For Express mail and courier deliveries:
    USCIS
    Attn: NFB (Box 660867)
    2501 S. State Hwy, 121 Business
    Suite 400
    Lewisville, TX 75067-8003
    
    
  • If you live in: Illinois, Iowa, Maine, New Hampshire, New Jersey, New York, Rhode Island, Vermont, or West Virginia, file at:
    
    USCIS Chicago Lockbox
    
    For U.S. Postal Service (USPS) Deliveries:
    USCIS
    Attn: NFB
    P.O. Box 805371
    Chicago, IL 60680-5371
    
    For Express mail and courier deliveries:
    USCIS
    Attn: NFB (Box 805371)
    131 South Dearborn – 3rd Floor
    Chicago, IL 60603-5517
    
    

Filing I-485 alone based on pending/approved Form I-140, or concurrently filed I-485 with Form I-140, follow the instructions in the I-140 filing locations.

As an Afghan Translator, if you are filing Form I-485 based on an approved Form I-360 for Afghani Translators, you must include a copy of the Form I-797C, Notice of Action, showing that your Form I-360 was approved.

Note: You may not concurrently file Forms I-360 and Form I-485 for this classification.

USCIS
Attn: AFGHAN-NFB (Box 21281)
2108 E. Elliot Rd.
Tempe, AZ 85284-1806

As an Iraqi Translator, if you are filing Form I-485 based on an approved Form I-360 for Iraqi Translators, you must include a copy of the Form I-797C, Notice of Action, showing that your Form I-360 was approved.

Note: You may not concurrently file Forms I-360 and Form I-485 for this classification.

USCIS
Nebraska Service Center
PO Box 87485
Lincoln, NE 68501-7485

E-Notification: If you are filing Form I-485 at a USCIS Lockbox facility, you may elect to receive an email and/or text message (SMS) notifying you that your application has been accepted.

You must complete Form G-1145, E-Notification of your application.

Filing Receipt

A few weeks after you send the application, you will receive a receipt from USCIS. It is called I-797C, Notice of Action.
Sample

This receipt is a very important document. It contains the A# (Alien Number) that is needed for any communication with USCIS.

If you have filed I-765 (EAD, Work Permit) or I-131 (Advance Parole) along with I-485, you will get separate receipt notices for each of them.