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I-485 Form Questions

I-485 forms are immigration forms used to register as a permanent resident or adjustment of status. The form must be filled out and completed by a non-U.S. citizen when trying to obtain permanent residence status. Non- U.S. citizens use the I-485 form when applying for a green card which is based on sponsorship from family, employers, or a refugee/asylum status. To learn more about the I-485 form, read the questions below regarding the I-485 that have been answered by Experts.

My fiancé was denied the I-485 because USCIS think they are lying, but our marriage was approved. Can my fiancé be deported and denied re-entry even though our marriage was granted?

If the USCIS (United States Citizen Immigration Service) thinks that your fiancé gained entry into the United States based on lies, they can deport them and deny their right to return to the United States even if you are married. The term used for this action is called a "lifetime ban" which will be placed on their permanent file. At anytime the individual tries to enter the United States, their file will be pulled and they will be denied entry. You may want to consider hiring an attorney who would be able to gain access to your fiancés file. The attorney could find out why your fiancé was denied and also check for a ban against him.

I’m American and my spouse is Chinese. I need to change my spouses Tourist visa into a permanent resident status. How do I get form I-485?

The I-485 form must be filled out and submitted by your spouse. You cannot fill the form out or submit it. Your spouse will need an approved Immediate Relative Petition (I-30). The first thing to do is fill out and submit the I-30 Petition for Alien Relative and have your spouse submit their I-485 form. Both forms must be sent together in the same envelope. Furthermore, your spouse will need to choose: a. An immigrant petition giving me an immediately available Immigrant Visa number..." when filling out the I-485 form.

Can I file my I-485 because I know its current but my I-140 is still in process?

There is no reason why you couldn't file your I-485 and your I-40 at the same time. You attorney my object to this action but it is common practice for people to file both forms at the same time. When filing, be sure to mention in the cover letter that you would like for them to change the I-40 to concurrent filing. Both files will be sent to a processing center in Chicago. The immigration office will usually make the transfer of the I-40 petition to the Chicago processing center and have all of the documents processed together.

My case was transferred from MSC to TSC I-485 why?

Generally, this is done in an attempt to balance the case loads and nothing more. If you haven't moved recently, then it would be a safe guess that your case was merely transferred in an attempt to distribute even case loads. TCS (Tata Consultancy Services) usually has a faster I-485 processing period compared to the time it takes MCS to process, and this means your application is being processed.

The I-485 form is an important part of a foreign citizen gaining U.S. residency. With so many different forms from immigration, it can become confusing for people who are not familiar with the immigration process. If you are having issues with your I-485 form or simply have questions or concerns, you should ask an Expert to assist you with your individual situation.

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Tina
Tina, Lawyer
Category: General
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Experience:  JD, BBA Over 25 years legal and business experience.
4460311
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Recent I 485 Questions

  • I am co-executor, co-fiduciary, co-trustee on my father's estate,

    I am co-executor, co-fiduciary, co-trustee on my father's estate, together with my brother and a retired lawyer.
    There have been issues with the other two co-executors and they have outvoted me on everything, most times by not advising me of decisions until after-the-fact, knowing they will outvote me.
    We are now in litigation and the issues have not been resolved. However, they are saying they will outvote me to pay their legal fees from the estate, but deny me my right to reimburse myself from the estate saying i will be acting outside my authority (ultra vives?). I do not see how this could be just, first that they can pay themselves from the estate without my authorization, by outvoting me, and second pay themselves but deny my right to do so for the exact same issue we are in litigation for. Incidentally the will states that all fiduciaries executors trustees are entitled to payment from the estate of their legal expenses. So my question is, are they legally allowed to pay themselves their fees from the estate while we are still in litigation and second if so, does this deny me the right to pay myself from the estate, or can they block me from reimbursing myself? I have signature rights on the estate checkbook as well.
  • My wife received a judgment for a gym bill for $600. They had

    My wife received a judgment for a gym bill for $600. They had attorney charges that increased it to almost $1200. When they met in court, she worked out a payment arrangement of $50 per month. She has been paying monthly for three months. Today she received notice that the same attorney was garnishing her wages. Is this legal in Missouri?
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    Is a person responsible for a down-payment loan, after the house has gone back to the bank?
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