Who Can File Form I-485?
There are many different ways to adjust one’s status to become a lawful permanent resident under the Immigration and Nationality Act (INA) and other Federal laws. This process is often known as applying for a green card. You may apply as a “principal applicant,” the individual who directly qualifies for an immigrant category, or in some cases, you may apply as a “derivative applicant,” a family member of the principal applicant. There are also other immigrant categories, which will be listed as “Other Eligibility” on the I-485. Such categories include Special immigrants not listed in Part 2., Item Number 1.c. (for example, certain U.S. armed forces members, Panama Canal Zone employees, and physicians), Polish or Hungarian parolee, private immigration bill signed into law, and registration of lawful permanent resident status based on a presumption of lawful admission. No matter which category you file under, you must file your own Form I-485.
On the Other Hand: Who Cannot File Form I-485?
There are set categories of individuals who are not eligible to file an I-485. For example, spouses or relatives not physically present in the United States are not eligible to file an I-485. Even when they are physically present in the country, some eligibility exclusions prevent a filing. You also cannot normally file an I-485 if you entered the United States as a crewman, you entered the country on your way to another country (transit purposes), you are deemed “deportable” because you were involved in terrorist activity or were associated with a terrorist organization, or you were admitted to the country as an informant or witness.
Along with the general exclusions, there are also grounds for admissibility that may be a barrier in a filing. Disqualifying categories include health-related grounds (for example, you have a specific disease or mental health condition), criminal grounds, a threat to the United States’ national security (security grounds), violations of immigration procedure or law, and public charge grounds. Other grounds fall into a “miscellaneous” category and disqualify individuals for voting unlawfully, being an international child abductor, and other various crimes or misbehaviors. Though these are disqualifying factors, there may be available waivers to remedy some of the mentioned grounds of disqualification.
All of these disqualifications serve the purpose of ensuring that those filing for citizenship will be safe individuals who will not pose a threat to current United States citizens and law and order in the country.
Where Can One File an I-485?
Form I-485s must be filed via mail to a U.S. Citizenship and Immigration Services (“USCIS”) service center. Which service center you should mail your application to depends on your place of residence and your category of adjustment. This chart provides a helpful oversight on where to file based on different scenarios.
Form I-485 Processing Times and Form to Green Card Timespan
The processing times for Form I-485 can vary depending on the category you filed under (discussed above). It can take a few weeks to even a few years for USCIS to approve your form. After this, the time it takes from filing to form to getting your green card can also vary greatly: it could be a few months or up to a few years, depending on your situation. A factor this impacts this process is your eligibility to adjust your status. Another impacting factor is which USCIS Service Center you are designated based on your location. You can Check Case Processing Times for the USCIS Service Center you applied for to get a rough estimate of the processing time.
Unfortunately, premium processing is not available for this specific form, but you may be able to request expedited processing by contacting the USCIS Contact Center.
The Price
The filing fee for an I-485 application is currently $1,225. However, there are some situations where the fee may be lowered or waived. Information about reduced fees or waivers can be found in the filing fee section of the I-485 instructions.
I’m Still Confused, What Should I Do?
If you feel overwhelmed about filing an I-485, know that you don’t have to walk through the process alone. Seeking the knowledge and assistance of a professional experienced in immigration law will help expedite the process and ease your mind as you make these important steps in filing for citizenship. Contact Laizure Metz Legal Services at Christopher@laizuremetzlegal.com or (347)625-7854 for further assistance.
Form I-485: An Overview and What You Need to Know
When applying for citizenship to the United States, there is much paperwork to be done. As an applicant, you will be introduced to various applications and forms, such as the very important Form I-485. Form I-485, the Application to Register Permanent Residence or Adjust Status, is used to apply for lawful permanent resident status in the United States.
Who Can File Form I-485?
There are many different ways to adjust one’s status to become a lawful permanent resident under the Immigration and Nationality Act (INA) and other Federal laws. This process is often known as applying for a green card. You may apply as a “principal applicant,” the individual who directly qualifies for an immigrant category, or in some cases, you may apply as a “derivative applicant,” a family member of the principal applicant. There are also other immigrant categories, which will be listed as “Other Eligibility” on the I-485. Such categories include Special immigrants not listed in Part 2., Item Number 1.c. (for example, certain U.S. armed forces members, Panama Canal Zone employees, and physicians), Polish or Hungarian parolee, private immigration bill signed into law, and registration of lawful permanent resident status based on a presumption of lawful admission. No matter which category you file under, you must file your own Form I-485.
On the Other Hand: Who Cannot File Form I-485?
There are set categories of individuals who are not eligible to file an I-485. For example, spouses or relatives not physically present in the United States are not eligible to file an I-485. Even when they are physically present in the country, some eligibility exclusions prevent a filing. You also cannot normally file an I-485 if you entered the United States as a crewman, you entered the country on your way to another country (transit purposes), you are deemed “deportable” or “removable” because you were involved in terrorist activity or were associated with a terrorist organization, or you were admitted to the country as an informant or witness.
Along with the general exclusions, there are also grounds for admissibility that may be a barrier in a filing. Disqualifying categories include health-related grounds (for example, you have a specific disease or mental health condition), criminal grounds, a threat to the United States’ national security (security grounds), violations of immigration procedure or law, and public charge grounds. Other grounds fall into a “miscellaneous” category and disqualify individuals for voting unlawfully, being an international child abductor, and other various crimes or misbehaviors. Though these are disqualifying factors, there may be available waivers to remedy some of the mentioned grounds of disqualification.
All of these disqualifications serve the purpose of ensuring that those filing for citizenship will be safe individuals who will not pose a threat to current United States citizens and law and order in the country.
Where Can One File an I-485?
Form I-485s must be filed via mail to a U.S. Citizenship and Immigration Services (“USCIS”) service center. Which service center you should mail your application to depends on your place of residence and your category of adjustment. This chart provides a helpful oversight on where to file based on different scenarios.
Form I-485 Processing Times and Form to Green Card Timespan
The processing times for Form I-485 can vary depending on the category you filed under (discussed above). It can take a few weeks to even a few years for USCIS to approve your form. After this, the time it takes from filing to form to getting your green card can also vary greatly: it could be a few months or up to a few years, depending on your situation. A factor this impacts this process is your eligibility to adjust your status. Another impacting factor is which USCIS Service Center you are designated based on your location. You can Check Case Processing Times for the USCIS Service Center you applied for to get a rough estimate of the processing time.
Unfortunately, premium processing is not available for this specific form, but you may be able to request expedited processing by contacting the USCIS Contact Center.
The Filing Fee
The filing fee for an I-485 application is currently $1,225. However, there are some situations where the fee may be lowered or waived. Information about reduced fees or waivers can be found in the filing fee section of the I-485 instructions.
I’m Still Confused, What Should I Do?
If you feel overwhelmed about filing an I-485, know that you don’t have to walk through the process alone. Seeking the knowledge and assistance of a professional experienced in immigration law will help expedite the process and ease your mind as you make these important steps in filing for citizenship. Contact Laizure Metz Legal Services at Christopher@laizuremetzlegal.com or (347)625-7854 for further assistance.