Application to Register Permanent Residence or Adjust Status

Application to Register Permanent Residence or Adjust Status

I-485 Inst_FR2010_112310 Court

Application to Register Permanent Residence or Adjust Status

OMB: 1615-0023

Document [pdf]
Download: pdf | pdf
OMB No. 1615-0023; Expires 12/31/2010

Department of Homeland Security
U. S. Citizenship and Immigration Services

NOTE: The filing fee for Form I-485 is $985 plus biometrics
fee, if applicable. Refer to "What is the Filing Fee?" on
Page 8.

Instructions for I-485, Application to Register
Permanent Residence or Adjust Status

The fee submitted with Form I-824 will not be refunded
if the principal's adjustment is not granted.
3.

What Is the Purpose of Form I-485?

A. You may apply to adjust status if you were admitted to
the United States as the K-1 fiancé(e) of a U.S. citizen,
and you married that citizen within 90 days of your
entry.

This form is used by a person who is in the United States to
apply to U.S. Citizenship and Immigration Services (USCIS)
to adjust to permanent resident status or register for permanent
residence.
This form may also be used by certain Cuban nationals to
request a change in the date that their permanent residence
began.

B. If you were admitted as the K-2 child of such a
fiancé(e), you may apply to adjust status based on your
parent's Form I-485.
4.

Based on an immigrant petition
You may apply to adjust your status if:

2.

A.

An immigrant visa number is immediately available
to you based on an approved immigrant petition; or

B.

You are filing this application with a completed
relative petition, special immigrant juvenile petition,
or special immigrant military petition which, if
approved, would make an immigrant visa number
immediately available to you.

5.

B.

If the spouse or child is in the United States, the
individual derivatives may file their Form I-485 with
Form I-485 for the principal applicant, or file Form
I-485 at anytime after the principal is approved, if a
visa number is available.
If the spouse or child is residing abroad, the person
adjusting status in the United States should file Form
I-824, Application for Action on an Approved
Application or Petition, together with the principal's
Form I-485, to allow the derivatives to immigrate to
the United States without delay if the principal's Form
I-485 is approved.

Based on refugee status
You may apply to adjust status after you have been
admitted as a refugee and have been physically present in
the United States for 1 year following your admission,
provided that your status has not been terminated.

6.

Based on Cuban citizenship or nationality
You may apply to adjust status if:
A. You are a native or citizen of Cuba, were admitted or
paroled into the United States after January 1, 1959,
and thereafter have been physically present in the
United States for at least 1 year; or

Based on being the spouse or child (derivative) - at the
time another adjustment applicant (principal) files to
adjust status or at the time a person is granted
permanent resident status in an immigrant category
that allows derivative status for spouses and children.
A.

Based on asylum status
You may apply to adjust status after you have been granted
asylum in the United States if you have been physically
present in the United States for 1 year after the grant of
asylum, provided you still qualify as an asylee or as the
spouse or child of a refugee.

Who May File Form I-485?
1.

Based on admission as the fiancé(e) of a U.S. citizen
and subsequent marriage to that citizen

B. You are the spouse or unmarried child of a Cuban
described above and regardless of your nationality,
you were admitted or paroled after January 1, 1959,
and thereafter have been physically present in the
United States for at least 1 year.
7.

Applying to change the date on which your permanent
residence began
If you were granted permanent residence in the United
States prior to November 6, 1966, and are a native or
citizen of Cuba, or you are the spouse or unmarried child
of such an individual, you may ask to change the date your
lawful permanent residence began to your date of arrival in
the United States or May 2, 1964, whichever is later.
Form I-485 Instructions (Rev. 11/23/10) Y

DRAFT

8.

Based on continuous residence since before January 1,
1972

G. You were admitted as a K-1 fiancé(e), but did not
marry the U.S. citizen who filed the petition for you, or
you were admitted as the K-2 child of a fiancé(e) and
your parent did not marry the U.S. citizen who filed
the petition;

You may apply for permanent residence if you have
continuously resided in the United States since before
January 1, 1972. This is known as "Registry."
9.

H. You are or were a J-1 or J-2 exchange visitor and are
subject to the 2-year foreign residence requirement and
you have not complied with or been granted a waiver
of the requirement;

Other basis of eligibility
If you are not included in the above categories, but believe
you may be eligible for adjustment or creation of record of
permanent residence, contact our National Customer
Service Center at 1-800-375-5283 for information on how
to use the Internet to make an appointment at your local
USCIS office.

I. You have A, E, or G nonimmigrant status or have an
occupation that would allow you to have this status,
unless you complete Form I-508 (Form I-508F for
French nationals) to waive diplomatic rights,
privileges, and immunities and, if you are an A or G
nonimmigrant, unless you submit a completed Form
I-566;

10. Who Is Not Eligible to Adjust Status?
Unless you are applying for creation of record based on
continuous residence since before January 1, 1972, or
adjustment of status under a category in which special
rules apply (such as 245(i) adjustment, asylum adjustment,
Cuban adjustment, special immigrant juvenile adjustment,
or special immigrant military personnel adjustment), you
are not eligible for adjustment of status if any of the
following apply to you:

J. You were admitted to Guam as a visitor under the
Guam visa waiver program;
K. You were admitted to the United States as a visitor
under the Visa Waiver Program, unless you are
applying because you are an immediate relative of a
U.S. citizen (parent, spouse, widow, widower, or
unmarried child under 21 years of age); or

A. You entered the United States in transit without a visa;

L. You are already a conditional permanent resident.

B. You entered the United States as a nonimmigrant
crewman;
C. You were not admitted or paroled following inspection
by an immigration officer;
D. Your authorized stay expired before you filed this
application;
E. You were employed in the United States without
USCIS authorization prior to filing this application;
F. You failed to maintain your nonimmigrant status,
unless your failure to maintain status was through no
fault of your own or for technical reasons; unless you
are applying because you are:
1. An immediate relative of a U.S. citizen (parent,
spouse, widow, widower, or unmarried child under
21 years old);
2. A K-1 fiancé(e) or a K-2 fiancé(e) dependent who
married the U.S. petitioner within 90 days of
admission; or
3. An H or I nonimmigrant or special immigrant
(foreign medical graduates, international
organization employees, or their derivative family
members);

General Instructions
Fill Out Form I-485
1.

Type or print legibly in black ink.

2.

If extra space is needed to complete any item, attach a
continuation sheet, indicate the item number, and date and
sign each sheet.

3.

Answer all questions fully and accurately. State that an
item is not applicable with "N/A." If the answer is none,
write "None."

4.

You must file your application with the required Initial
Evidence described below. Your application must be
properly signed and filed with the correct fee. If you are
under 14 years of age, your parent or guardian may sign
your application.

Translations. Any document containing a foreign language
submitted to USCIS shall be accompanied by a full English
language translation which the translator has certified as
complete and accurate, and by the translator's certification that
he or she is competent to translate from the foreign language
into English.
Form I-485 Instructions Rev. 11/23/10) Y Page 2

DRAFT

NOTE: Unless a traffic incident was alcohol or drugrelated, you do not need to submit documentation for
traffic fines and incidents that did not involve an actual
arrest if the only penalty was a fine of less than $500
and/or points on your driver's license.

Copies. Unless specifically required that an original
document be filed with an application or petition, an ordinary
legible photocopy may be submitted. Original documents
submitted when not required will remain a part of the record,
even if the submission was not required.
Initial Evidence

2.

Submit a copy of your foreign birth certificate or other
record of your birth that meets the provisions of secondary
evidence found in Title 8, Code of Federal Regulations
(CFR), 103.2(b)(2).

You must file your application with the following evidence:
1. Criminal history
A. If you have ever been arrested or detained by any law
enforcement officer for any reason, and no charges
were filed, submit:
An original official statement by the arresting agency
or applicable court order confirming that no charges
were filed.
B. If you have ever been arrested or detained by any law
enforcement officer for any reason, and charges were
filed, or if charges were filed against you without an
arrest, submit:
An original or court-certified copy of the complete
arrest record and/or disposition for each incident (e.g.,
dismissal order, conviction record, or acquittal order).
C. If you have ever been convicted or placed in an
alternative sentencing program or rehabilitative
program (such as a drug treatment or community
service program), submit:
1. An original or court-certified copy of the sentencing
record for each incident; and
2. Evidence that you completed your sentence,
specifically:
a. An original or certified copy of your probation or
parole record; or
b. Evidence that you completed an alternative
sentencing program or rehabilitative program.
D. If you have ever had any arrest or conviction vacated,
set aside, sealed, expunged, or otherwise removed from
your record, submit:

Birth certificate

3.

Copy of passport page with nonimmigrant visa
If you have obtained a nonimmigrant visa(s) from a U.S.
Embassy or consulate abroad within the last year, submit a
photocopy(ies) of the page(s) of your passport containing
the visa(s).

4. Photos
You must submit two identical color photographs of
yourself taken within 30 days of the filing of this
application. The photos must have a white to off-white
background, be printed on thin paper with a glossy finish,
and be unmounted and unretouched.
Passport-style photos must be 2" x 2." The photos must be
in color with full face, frontal view on a white to off-white
background. Head height should measure 1" to 1 3/8" from
top of hair to bottom of chin, and eye height is between 1
1/8" to 1 3/8" from bottom of photo. Your head must be
bare unless you are wearing a headdress as required by a
religious order of which you are a member. Using pencil
or felt pen, lightly print your name and Alien Registration
Number (A-Number) on the back of the photo.
5. Biometrics services
If you are between the ages of 14 and 79, you must be
fingerprinted as part of the USCIS biometrics services
requirement. After you have filed this application, USCIS
will notify you in writing of the time and location where
you must go to be fingerprinted. If necessary, USCIS may
also take your photograph and signature. Failure to appear
to be fingerprinted or for other biometrics services may
result in a denial of your application.
6. Police clearances

1. An original or court-certified copy of the court order
vacating, setting aside, sealing, expunging, or
otherwise removing the arrest or conviction; or
2. An original statement from the court that no record
exists of your arrest or conviction.

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.
Form I-485 Instructions Rev. 11/23/10) Y Page 3

DRAFT

7. Medical examination
When required, submit a medical examination report on
Form I-693, Report of Medical Examination and
Vaccination Record.
Individuals applying for adjustment of status:
A. General: When filing your Form I-485, include your
medical examination report with the application, unless
you are a refugee.
B. Refugees: If you are applying for adjustment of status
1 year after you were admitted as a refugee, you only
need to submit the vaccination portion of Form I-693
(pages 1,4, and 6) with your Form I-485, not the entire
medical report, unless you had a Class A condition
noted on your overseas medical exam.
8. Fiancé(e)s
If you are a K-1 fiancé(e) or K-2 dependent who had a
medical examination within the past year as required for
the nonimmigrant fiancé(e) visa, you only need to submit a
vaccination supplement, not the entire medical report. You
may include the vaccination supplement with your Form
I-485.
9. Persons not required to have a medical examination
The medical report is not required if you are applying for
creation of a record for admission as a lawful permanent
resident under section 249 of the INA as someone who has
continuously resided in the United States since January 1,
1972 (registry applicant).
10. Form G-325A, Biographic Information Sheet
You must submit a completed Form G-325A if you are
between 14 and 79 years of age.
11. Affidavit of Support/Employment Letter
A. Affidavit of Support
Submit an Affidavit of Support (Form I-864) if your
Form I-485 is based on your entry as a fiancé(e), a
relative visa petition (Form I-130) filed by your
relative, or an employment-based visa petition (Form
I-140) related to a business that is five percent or more
owned by your family.
B. Employment Letter
If your Form I-485 is related to an employment-based
visa petition (Form I-140), you must submit a 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.
NOTE: The affidavit of support and/or employment
letter are not required if you are applying for creation
of a record based on continuous residence since before
January 1, 1972, asylum or refugee adjustment, or a
Cuban citizen or a spouse or unmarried child of a
Cuban citizen who was admitted after January 1, 1959.
12. Evidence of eligibility
A. Based on an immigrant petition
Attach a copy of the approval notice for an immigrant
petition that makes a visa number immediately
available to you, or submit a complete relative, special
immigrant juvenile, or special immigrant military
petition that, if approved, will make a visa number
immediately available to you.
B. Based on admission as the K-1 fiancé(e) of a U. S.
citizen and subsequent marriage to that citizen
Attach a copy of the fiancé(e) petition approval notice,
a copy of your marriage certificate, and your Form
1-94, Arrival/Departure Document.
C. Based on asylum status
Attach a copy of the letter or Form 1-94 that shows the
date you were granted asylum.
D. Based on continuous residence in the United States
since before January 1, 1972
Attach copies of evidence that shows continuous
residence since before January 1, 1972.
13. Based on Cuban citizenship or nationality
Attach evidence of your citizenship or nationality, such as
a copy of your passport, birth certificate, or travel
document.
14. 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
File your application with the application of the other
applicant, or with evidence that the application is pending
with USCIS or was approved, or with evidence that your
spouse or parent was granted permanent residence based
on an immigrant visa, and:
Form I-485 Instructions Rev. 11/23/10) Y Page 4

DRAFT

If you are applying as the spouse of that person, also attach
a copy of your marriage certificate and copies of
documents showing the legal termination of all other
marriages by you and your spouse;

Widow(er), or Special Immigrant, or other official
document reflecting a current priority date and family
preference, or file your application together with a Form
I-130 or Form I-360 as appropriate.

If you are applying as the child of that person, attach also a
copy of your birth certificate and, if the other person is not
your parent, submit copies of evidence (such as a marriage
certificate and documents showing the legal termination of
all other marriages and an adoption decree) to demonstrate
that you qualify as his or her child.

NOTE: Read the Visa Bulletin “Family-Sponsored
Preferences” at www.travel.state.gov to ensure your
priority date is current before you file your application.

15. Other basis for eligibility
Attach copies of documents proving that you are eligible
for the classification.

Where Should You File Form I-485?
Updated Filing Address Information
The filing addresses provided on this form reflect the most
current information as of the date this form was last revised. If
you are filing Form I-485 more than 30 days after the latest
edition date shown in the lower right corner, please visit our
Web site at www.uscis.gov before you file, and check the
Forms page to confirm the correct filing address and version
currently in use. Check the edition date located at the lower
right corner of the form. If the edition date on your Form
I-485 matches the edition date listed for Form I-485 on the
online Forms page, your version is current. If the edition date
on the online version is more recent, download a copy and use
it. If you do not have Internet access, call the National
Customer Service Center at 1-800-375-5283 to verify the
current filing address and edition date. Improperly filed
forms will be rejected, and the fee returned with
instructions to resubmit the entire filing using the current
form instructions.
Please read the following instructions carefully to ensure
you file your application at the correct location.

If you are filing because:
1. You are applying for adjustment of status under one of
the eligibility categories listed below, file your Form
I-485 with the USCIS Chicago Lockbox facility. See
“USCIS Chicago Lockbox Addresses” on Page 6 of these
instructions.
You must include a copy of the Form I-797C, Notice of
Action, of an approved Form I-130, Petition for Alien
Relative, or Form I-360, Petition for Amerasian,

A. Spouse, parent, unmarried son/daughter under age 21
of a U.S. citizen with an approved Form I-130 or
Form I-130 filed together with this Form I-485 (Part
2, Box “a” on the form);
B. Beneficiary of an approved Form I-130 filed by a
qualifying relative (Part 2, Box “a” on the form);
C. 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 (Part 2, Box “b” on the form)
D. K-1 Fiancé(e) (and K-2 dependents) whose Form I-485
is based on an approved Form I-129F, Petition for
Alien Fiance(e), (Part 2, Box “c” on the form);
E. Beneficiaries of a Form I-360, Petition for Amerasian,
Widow(er), or Special Immigrant, classified as an
“Amerasian,” “Widow(er) of a U.S. Citizen who died
within the past 2 years,” “Special Immigrant Juvenile,”
or "Special Immigrant Armed Forces Member.” (Part
2, Box “h” write “Amerasian,” “Widow(er),” “Self
Petitioning Juvenile,” or “Armed Forces Member,” as
applicable).
F. Applicants eligible under the Cuban Adjustment Act of
November 2, 1965 (Part 2, Box “e,” “f,” “i” or “j” on
the form);
G. Registry applicant filing Form I-485 based on
continuous residence in the U.S. since before January
1, 1972 (Part 2, Box “g” on the form);
H. Diversity lottery winner eligible to file Form I-485
(Part 2, Box “h” on the form. Write “Diversity Visa
Lottery Winner. Copy of lottery letter attached” on the
line below the box);
I. Public Interest Parolees from certain former Soviet and
Southeast Asian countries filing Form I-485 under
Public Law 101-167 (the “Lautenberg Amendment”)
(Part 2, Box “h” on the form. Write “Lautenberg
Parolee” or “Polish Hungarian Parolee” on the line
beneath the box);
Form I-485 Instructions Rev. 11/23/10) Y Page 5

DRAFT

J. Registry applicant filing Form I-485 based on birth in
the United States to a foreign diplomatic officer (Part
2, Box “h” on the form; Write “Child of Diplomat” on
the line beneath the box.);
K. Former diplomat filing Form I-485 under Section 13 of
the Immigration and Nationality Act (Part 2 Box “h”
on the form. Write “Section 13” on the line beneath
the box); or
L. Applicants who are beneficiaries of Private Bills (Part
2, Box “h” on the form. Write “Private Bill
Beneficiary” on the line beneath the box.)

USCIS Chicago Lockbox Addresses
For U.S. Postal Service (USPS) deliveries:
USCIS
P.O. Box 805887
Chicago, IL 60680-4120
For Express mail and courier deliveries:
USCIS
Attn: FBAS
131 South Dearborn - 3rd Floor
Chicago, IL 60603-5517

3. You are filing Form I-485 based on one of the eligibility
categories (A - F) below, then file your application at the
USCIS Phoenix or Dallas Lockbox facility based on
where you are located. See mailing address on Page 7 of
these instructions.
NOTE: If you have an approved or pending Form I-360,
you must include a copy of the Form I-797C which shows
that your Form I-360 was accepted.
A. You are filing Form I-485 based on an underlying
Form I-360 and you are filing under one of the
following classifications.
1. International Organization Employee or Family
Member: Form I-485 filed with Form I-360, or
Form I-485 based on a pending or approved Form
I-360 for an International Organization Employee or
eligible family member. (Part 2, Box “h” on the
form. Write “International Organization Employee”
on the line beneath the box.)
2. Other Form I-360 Categories: Form I-485 filed
based on an approved Form I-360 for the following
classifications (NOTE: You cannot file Form I-360
together with Form I-485 for the five classifications
below.):
a. Special Immigrant Religious Worker;

2. You are:
A. The beneficiary of an approved Form I-360 based
on the eligibility category “Battered Spouse/
Children” and you are filing for adjustment of
status. If you are filing as a battered or abused spouse
or child and you are filing Form I-485 (Part 2, Box “h”
on the form), file it and any associated forms with the
USCIS Vermont Service Center.
B. A T or U-based nonimmigrant filing Form I-485,
file your application at the USCIS Vermont Service
Center. Please read Form I-485 Supplement E, for
additional guidance on filing.
If you are a T or U-based nonimmigrant, you must
include a copy of your Form I-797C, Notice of Action,
for approval of your T or U nonimmigrant status, in
addition to a copy of your Form I-94, ArrivalDeparture Record, and a copy of all pages of your
passport with a T or U nonimmigrant visa (or
explanation why you do not have a passport).
USCIS - Vermont Service Center
Attn: CRU
75 Lower Welden Street
St. Albans, VT. 05479-0001

b. Panama Canal Company Employment;
c. U.S. Government in Canal Zone Employment;
d. Special Immigrant Physician; or
e. International Broadcasters.
(Part 2, Box “h” on the form. Write “Approved
Form I-360, Copy of Approval Notice Attached,”
on the line beneath the box.)
B. You are filing your Form I-485 based on Asylum
status. (Part 2, Box “d” on the form).
C. You are filing your Form I-485 based Refugee
status. (Part 2, Box “h” on the form. Write “Refugee”
on the line beneath the box.)
D. You are filing your Form I-485 as a HRIFA
Dependent. Only the spouse and children of the
principal granted legal status under HRIFA are eligible
to apply for benefits under HRIFA. The filing period
for principal HRIFA applicants has closed (Part 2, Box
“h” on the form. Write “HRIFA” on the line beneath
the box.)
Form I-485 Instructions Rev. 11/23/10) Y Page 6

DRAFT

E. You are filing your Form I-485 based on an
approved Form I-526, Immigrant Petition by Alien
Entrepreneur (Part 2, Box “a” on the form). You
must include a copy of the Form I-797C which shows
that your Form I-526 was approved.
NOTE: You cannot file Form I-526 and Form I-485
together.

USCIS Phoenix or Dallas
Lockbox Addresses
If you live in:
Mail your application to:
Alaska, Arizona,
California, Colorado,
Hawaii, Idaho,
Illinois, Indiana,
Iowa, Kansas,
Michigan,
Minnesota, Missouri,
Montana, Nebraska,
Nevada, North
Dakota, Ohio,
Oregon, South
Dakota, Utah,
Washington,
Wisconsin,
Wyoming, Guam, or
the Commonwealth of
Northern Mariana
Islands

USCIS Phoenix Lockbox
For U.S. Postal Service (USPS)
deliveries:
USCIS
PO Box 21281
Phoenix, AZ 85036
For Express mail and courier
deliveries:
USCIS
Attn: AOS
1820 E. Skyharbor Circle S
Suite 100
Phoenix, AZ 85034

USCIS Phoenix or Dallas
Lockbox Addresses
If you live in:
Mail your application to:
Alabama, Arkansas,
Connecticut,
Delaware, the District
of Columbia, Florida,
Georgia, Kentucky,
Louisiana, Maine,
Maryland,
Massachusetts,
Mississippi, New
Hampshire,
New Jersey, New
Mexico,
New York, North
Carolina, Oklahoma,
Pennsylvania, Puerto
Rico, Rhode Island,
South Carolina,
Tennessee, Texas,
Vermont, Virginia,
U.S. Virgin Islands,
or West Virginia

USCIS Dallas Lockbox.
For U.S. Postal Service (USPS)
deliveries:
USCIS
PO Box 660867
Dallas, TX 75266
For Express mail and courier
deliveries:
USCIS
Attn: AOS
2501 S State Hwy. 121 Business
Suite 400
Lewisville, TX 75067

4. You are filing your Form I-485 together with Form
I-140 or based on a pending or approved Form I-140.
Petitioners filing Form I-485 together with Form I-140 for
“skilled workers” (Part 2, box “f” on Form I-140), must
continue to file their petitions/applications at the USCIS
Nebraska or Texas Service Centers, depending on the
location of the beneficiary's permanent employment. See
Form I-140 for addresses.
Petitioners filing Form I-485 alone, based on a previously
filed form I-140 for a “skilled worker” (and which petition
is pending or approved), should file their stand-alone form
I-485 application at the USCIS NSC or TSC, depending on
the location of the beneficiary's permanent employment,
provided a visa is available per the current Department
of State Visa Bulletin. Use the same form I-140 addresses
for those petitions filed with Form I-485.”
If you are filing Form I-485 based on a pending or
approved Form I-140 (Part 2, Box “a” or “b” on the form),
you must include a copy of the Form I-797C, Notice of
Action, showing that your Form I-140 was accepted.
NOTE: Read the Visa Bulletin “Employment - Based
Preferences” at www.travel.state.gov to ensure your
priority date is current before you file your application.
5. If you are filing your Form I-485 as an Afghan or Iraqi
Translator. If you are filing Form I-485 based on an
approved Form I-360 for Afghan or Iraqi Translators, you
must file your Form I-485 with the USCIS Nebraska
Service Center.
USCIS - Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
You must include a copy of the Form I-797C, Notice of
Action, showing that your Form I-360 was approved.
NOTE: You cannot file Form I-360 together with Form
I-485 for this classification.
E-NOTIFICATION:
If you are filing your Form I-485 at one of the USCIS
Lockbox facilities, you may elect to receive an email and/or
text messages notifying you that your application has been
accepted. You must complete Form G-1145, E-Notification
of Application/Petition Acceptance, and clip it to the first
page of your application. To download a copy of Form
G-1145, including the instructions, refer to www.uscis.gov
"FORMS."
Form I-485 Instructions Rev. 11/23/10) Y Page 7

DRAFT

Questions Regarding Form I-485
For additional information about Form I-485, including how to
file your application or filing locations not mentioned, call the
USCIS National Customer Service Center at 1-800-375-5283
or visit our Internet Web site at www.uscis.gov.

What Is the Filing Fee?
The filing fee for Form I-485 is $985.
An additional biometrics fee of $85 is required when filing
your Form I-485. After you submit Form I-485, USCIS will
notify you about when and where to go for biometrics
services.
The fee is $985 only (no biometrics fee required) for
applicants under 14 years of age who submit Form I-485
independent from other family members.
The Fee for a child under 14 years of age will be $635 when
submitted with the application of a parent under section 201(b)
(A)(i), 203(a)(2)(A), and 203(d) of the INA.

NOTE: Please spell out U.S. Department of Homeland
Security; do not use the initials "USDHS" or "DHS."
Notice to Those Making Payment by Check.
If you send us a check, it will be converted into an electronic
funds transfer (EFT). This means we will copy your check
and use the account information on it to electronically debit
your account for the amount of the check. The debit from your
account will usually take 24 hours and will be shown on your
regular account statement.
You will not receive your original check back. We will
destroy your original check, but we will keep a copy of it. If
the EFT cannot be processed for technical reasons, you
authorize us to process the copy in place of your original
check. If the EFT cannot be completed because of insufficient
funds, we may try to make the transfer up to two times.
How to Check If the Fees Are Correct

There is no fee if an applicant is filing as a refugee under
section 209(a) of the INA.

The form and biometric fees on this form are current as of the
edition date appearing in the lower right corner of this page.
However, because USCIS fees change periodically, you can
verify if the fees are correct by following one of the steps
below:

You may submit one check or money order for both the
application and biometrics fees.

1. Visit our Internet Web site at www.uscis.gov, select
"FORMS," and check the appropriate fee;

Use the following guidelines when you prepare your check or
money order for the Form I-485 and the biometrics services
fee:

2. Review the Fee Schedule included in your form package, if
you called us to request the form; or

1. The check or money order must be drawn on a bank or
other financial institution located in the United States and
must be payable in U.S. currency; and
2. Make the check or money order payable to U.S.
Department of Homeland Security, unless:
A. If you live in Guam, make it payable to Treasurer of
Guam.
B. If you live in the U.S. Virgin Islands, make it payable
to Commissioner of Finance of the Virgin Islands.
NOTE: Effective July 30, 2007, if you file Form I-485, no
additional fee is required to also file an application for
employment authorization on Form I-765, Application for
Employment Document, and/or advance parole on Form
I-131, Application for Travel Document. You may file these
forms together. If you choose to file Form I-765 and/or Form
I-131 separately after the effective date, you must also submit
a copy of your Form I-797C, Notice of Action, receipt as
evidence of the filing of Form I-485.

3. Telephone our National Customer Service Center at
1-800-375-5283 and ask for the fee information.
NOTE: If your Form I-485 requires payment of a biometrics
services fee for USCIS to take your fingerprints, photograph,
or signature, you can use the same procedure to obtain the
correct biometrics fee.

Address Changes
If you change your address and you have an application or
petition pending with USCIS, you may change your address
on line at www.uscis.gov, click on "Online Change of
Address," and follow the prompts, or you may complete and
mail Form AR-11, Alien's Change of Address Card, to:
U.S. Citizenship and Immigration Services
Change of Address
P.O. Box 7134
London, KY 40742-7134
Form I-485 Instructions Rev. 11/23/10) Y Page 8

DRAFT

For commercial overnight or fast freight services only, mail to:
U.S. Citizenship and Immigration Services
Change of Address
1084-I South Laurel Road
London, KY 40744
Do not send a Change of Address Request to a USCIS
Lockbox facility.

Interview
After you file your application, you may be notified to appear
at a USCIS office to answer questions about the application.
You will be required to answer these questions under oath or
affirmation. You must bring your Arrival-Departure Record
(Form I-94) and any passport or official travel document you
have to the interview.

Decision

Processing Information

You will be notified in writing of the decision on your
application.

You must have a U.S. address to file this form.
Any application that is not signed or is not accompanied by
the correct application fee will be rejected with a notice that
the application is deficient. You may correct the deficiency
and resubmit the application. An application is not considered
properly filed until accepted by USCIS.

Initial processing
Once an application has been accepted, it will be checked for
completeness, including submission of the required initial
evidence. If you do not completely fill out the form or file it
without required initial evidence, you will not establish a basis
for eligibility, and we may deny your application.

Requests for more information or interview
We may request more information or evidence, or we may
request that you appear at a USCIS office for an interview. We
may also request that you submit the originals of any copy. We
will return these originals when they are no longer required.

National Interest Waiver (NIW) Physicians
An NIW Physician applicant must fulfill the medical service
requirement to which he or she is subject based upon a Form
I-140 petition which was approved under section 203(b) (2)
(B) (ii) (I) of the Immigration and Nationality Act (INA), as
amended by the Nursing Relief for Disadvantaged Areas Act
(Nursing Relief Act) of 1999.
Specifically, an NIW Physician applicant must submit
evidence to establish that he or she has met the qualifying
medical service requirement within 120 days after completing
the required service. An NIW Physician applicant's
application for adjustment of status will be considered ready
for processing after evidence of the completion of the required
medical service is submitted. (If an NIW Physician must also
complete medical service based on a waiver of the foreign
residence requirement of section 212(e) of the INA, then
evidence of the completion of this required service should also
be submitted at this time.)

Selective Service Registration
If you are a male at least 18 years of age, but not yet 26 years,
and required according to the Military Selective Service Act to
register with the Selective Service System, USCIS will help
you register.
When your signed application is filed and accepted by
USCIS, we will transmit to the Selective Service System your
name, current address, Social Security number, date of birth,
and the date you filed the application. This action will enable
the Selective Service System to record your registration as of
the filing date of your application.
If USCIS does not accept your application and, if still so
required, you are responsible to register with the Selective
Service System by using other means, provided you are under
26 years of age. If you have already registered, the Selective
Service System will check its records to avoid any duplication.
(NOTE: Men 18 through 25 years of age who are applying
for student financial aid, government employment, or job
training benefits should register directly with the Selective
Service System or such benefits may be denied. Men can
register at a local post office or on the Internet at
http://www.sss.gov).

Effect of departure from the United States while
your application is pending
1. Applying for adjustment of status under section 245 of the
Act
If you apply for adjustment of status under section 245 of
the Act, traveling anywhere outside the United States
(including brief visits to Canada or Mexico) will lead to
the denial of your Form I-485 as abandoned unless:
A. You are an H, L, V or K3/K4 nonimmigrant who is
maintaining lawful nonimmigrant status and you return
with a valid H, L, V or K3/K4 nonimmigrant visa; OR
Form I-485 Instructions Rev. 11/23/10) Y Page 9

DRAFT

B. You obtain, before you leave the United States, a grant
of advance parole by filing Form I-131, Application for
Travel Document, as specified in the Form I-131
instructions, and you are paroled into the United States
when you return.
2. Applying for adjustment of status under section 209 of the
Act
If you apply for adjustment of status under section 209 of
the Act because you were admitted as a refugee or granted
asylum, you may travel abroad and return to the United
States with a refugee travel document. You may obtain a
refugee travel document by filing Form I-131, Application
for Travel Document, as specified in the Form I-131
instructions.
3. Applying for registry of permanent residence under section
249 of the Act
Under the DHS regulations at 8 CFR Part 249, you do not
“abandon” your registry application by traveling abroad
while it is pending. If you do not obtain a grant of advance
parole, however, you may not be able to return lawfully to
the United States. You may obtain advance parole by
filing Form I-131, Application for Travel Document, as
specified in the Form I-131 instructions.

Warning:
Travel outside of the United States may trigger the three
and ten year bar to admission under section 212(a)(9)(B)(i)
of the Act for adjustment applicants, but not registry
applicants. This ground of inadmissibility is triggered if
you were unlawfully present in the United States (i.e., you
remained in the United States beyond the period of
authorized stay) for more than 180 days before you applied
for adjustment of status and you travel outside of the
United States while your Form I-485 is pending.
NOTE: Only unlawful presence that was accrued on or
after April 1, 1997, counts towards the three and ten year
bar under section 212(a)(9)(B)(i) of the Act.
If you become inadmissible under section 212(a)(9)(B)(i)
of the Act while your Form I-485 is pending, you will need
a waiver of inadmissibility under section 212(a)(9)(B)(v)
of the Act before your Form I-485 can be approved. This
waiver, however, is granted on a case-by-case basis and in
the exercise of discretion. It requires a showing of extreme
hardship to your U.S. citizen or lawful permanent resident
spouse or parent, unless you are a refugee or asylee. For
refugees and asylees, the waiver may be granted for
humanitarian reasons to assure family unity or if it is
otherwise in the public interest.

Accommodations for Individuals With
Disabilities and/or Impairments
USCIS is committed to providing reasonable accommodations
for individuals with disabilities and/or impairments.
Accommodations vary with the disability(ies) and/or
impairment(s) and involve modifications to practices or
procedures. For example, if you are:
1. Unable to use your hands, you may be permitted to take a
test orally rather than in writing;
2. Hard of hearing, you may be provided with a signlanguage interpreter for a USCIS-sponsored training
session; or
3. Unable to travel to a designated USCIS location for an
interview, you may be visited at your home or a hospital.
If you believe that you need us to accommodate your
disability(ies) and/or impairment(s), check the "Yes" box and
then check any applicable box that describe(s) the nature of
your disability(ies) and/or impairment(s). Also, write the
type(s) of accommodation(s) you are requesting on the line(s)
provided. If you are requesting a sign-language interpreter,
indicate which language. If you need more space, use a
separate sheet of paper.
NOTE: All domestic USCIS facilities meet the Accessibility
Guidelines of the Americans with Disabilities Act, so you do
not need to contact us to request an accommodation for
physical access to a domestic USCIS office.
USCIS considers requests for accommodations on a case-bycase basis. Asking for an accommodation will not affect your
eligibility for the immigration benefit.

Penalties
If you knowingly and willfully falsify or conceal a material
fact or submit a false document with your Form I-485, we will
deny your Form I-485 and may deny any other immigration
benefit.
In addition, you will face severe penalties provided by law and
may be subject to criminal prosecution.

Privacy Act Notice
We ask for the information on this form, and associated
evidence, to determine if you have established eligibility for
the immigration benefit for which you are filing. Our legal
Form I-485 Instructions Rev. 11/23/10) Y Page 10

DRAFT

right to ask for this information can be found in the
Immigration and Nationality Act, as amended. We may
provide this information to other government agencies. Failure
to provide this information, and any requested evidence, may
delay a final decision or result in denial of your Form I-485.

Subject to the restrictions under 8 CFR part 103.2(b)(16), you
will be provided an opportunity to address any adverse or
derogatory information that may result from a USCIS
compliance review, verification, or site visit after a formal
decision is made on your case or after the agency has initiated
an adverse action which may result in revocation or
termination of an approval.

USCIS Compliance Review and Monitoring
By signing this form, you have stated under penalty of perjury
(28 U.S.C. 1746) that all information and documentation
submitted with this form is true and correct. You also have
authorized the release of any information from your records
that USCIS may need to determine eligibility for the benefit
you are seeking and consented to USCIS verification of such
information.
The Department of Homeland Security has the right to verify
any information you submit to establish eligibility for the
immigration benefit you are seeking at any time. Our legal
right to verify this information is in 8 U.S.C. 1103, 1155,
1184, and 8 CFR parts 103, 204, 205, and 214. To ensure
compliance with applicable laws and authorities, USCIS may
verify information before or after your case has been decided.
Agency verification methods may include, but are not limited
to: review of public records and information; contact via
written correspondence, the Internet, facsimile, or other
electronic transmission, or telephone; unannounced physical
site inspections of residences and places of employment; and
interviews. Information obtained through verification will be
used to assess your compliance with the laws and to determine
your eligibility for the benefit sought.

Paperwork Reduction Act
An agency may not conduct or sponsor an information
collection and a person is not required to respond to a
collection of information unless it displays a currently valid
OMB control number. The public reporting burden for this
collection of information is estimated at 5 hours and 15
minutes per response, including the time for reviewing
instructions, and completing and submitting the form. Send
comments regarding this burden estimate or any other aspect
of this collection of information, including suggestions for
reducing this burden, to: U.S. Citizenship and Immigration
Services, Regulatory Products Division, Office of the
Executive Secretariat, 20 Massachusetts Avenue, N.W.,
Washington, DC 20529-2020. OMB No. 1615-0023. Do not
mail your application to this address.

Form I-485 Instructions Rev. 11/23/10) Y Page 11


File Typeapplication/pdf
File Modified2010-10-22
File Created2010-03-11

© 2024 OMB.report | Privacy Policy