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I-485 Form Related Questions

Do you want to know the role of I-485 while filing inside the U.S? Or, can the I-485 be filed by a person on a H1B visa? Form I-485 is essentially used to apply to adjust the status of an individual to that of a permanent resident of the United States making it a very important document for those keen on legally residing in the U.S. Immigration forms including the I-485 has a set of rules, guideline to follow, fill and file correctly. Filing of the form is dependent on the eligibility category under which one files. All these details and nuances can be confusing and overwhelming for an applicant unless they have proper guidance and information from immigration Experts.

Read below where Experts have answered a few questions related to the I-485 form.

What is the role of the I-485 form while filing for a green card inside the United States?

The I-485 form is essentially the application to register permanent residence in the U.S. or adjust status to become a permanent resident. There are two different processes to achieve this:

  1. One step process: Certain people are eligible to apply for a green card or permanent residency while within the U.S. if they have an immediate relative relationship. They need to apply for form I-485 while simultaneously the U.S. petitioner files the form I-130 which is the petition for alien relative.
  2. Two step process: Here as the name suggests, there are two steps. First, where the U.S. petitioner (immediate relative) files the form 1-130. The next step is where the applicant receives form I-797 – Notice of Action which informs that form I-130 has either been received or approved and therefore, the subsequent filing of form I-485 can be taken forward. While filing the I-485 application, the applicant must include a copy of the form I-130’s receipt/approval notice or the form I-797. It should be noted that the form I-485 can be filed only after the filing of I-130 and only if this form has not been denied by immigration.

Does Form I-485 need to be filed if a person on a H1B visa is planning to marry and settle in the U.S?

Case Details: Green card processing is ongoing.

An H1B visa allows dual intent which implies one can marry and pursue permanent residency while on a H1B. The I-485 comes into the picture if the fiancé files on behalf of the applicant where permanent residency would become available in approximately six months. Along with the form I-485 - ‘Petition to Adjust Status,’ the form I-130 – ‘Immigrant Petition for Alien Relative’ should also be filed as a package.

After filing for I-485, would there be negative repercussions if the applicant unintentionally missed the biometrics appointment due to oversight and what can be done?

Though it is unlikely one would face negative repercussions on missing the biometrics appointment related to the I-485, one needs to take proper steps to ensure they get back on the right track in terms of amending and processing. To deal with this situation the following two options are helpful:

  1. Approach the biometrics center at the earliest, during business hours along with the letter of appointment and request them. Usually, as per their discretion, they may agree to do the test and process the application.
  2. If the above option is unsuccessful, an ‘Infopass’ appointment should be set up with an USCIS agent locally. The appointment letter can be taken there and the situation explained. Generally, the USCIS agent would oblige and help reschedule the biometrics.

Other methods which are slower and relatively less effective is to contact USCIS and request for another appointment. Alternatively, a letter can be sent to USCIS requesting for another appointment. This process can take a while to process by which time the matter may be void.

While filing for I-485 under the ‘Cuban Adjust Act’ what should be entered for the question ‘Applying with’ in part 3 item B?

Case Details: Applicant, wife and children are applying.

Under the Cuban Adjustment Act, each individual is required to file their own I-485, including the children. Though individual I-485 forms are required to be prepared, they can be filed together. Additionally, each individual would need to list their spouse and/or parent and/or children and mark ‘applying with you’ if that is what is being done. .

What are the different forms and costs associated with applying for I-485 for an Egyptian citizen marrying in the United States?

The non-U.S. citizen can be sponsored using the K1 or fiancé visa for which the petition is I-129F and the cost of filing is $340 with a wait time of an average 6-8 months. Once this is complete, marriage can take place. After the marriage one can file for a green card by filing the I-485 and I-130 package that approximately costs $1,400. The I-485 alone costs $1,070 with a wait time of 5-7 months. Another interview is necessary with the new spouse in order to obtain the residency. If the sponsor also submits an application for employment authorization along with the I-485 form, he/she can work while the form I-485 is pending or under process. Consulting an attorney is recommended for more details.

Listed above are some of the queries people have had with respect to filing or filling out a Form I-485. However, there may be many other questions you may encounter while filing your own I-485 because your situation and status could be different. This is where an immigration Expert's assistance can come in handy. Filling the form out correctly or applying at the right time gets half the job done and sets you on the right path towards permanent residency. Therefore, seek the help of Experts to get customized answers about your I-485 questions, quickly and economically, from the comfort of your home.

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