TABLE OF CHANGES – INSTRUCTIONS
Form I-485, Application to Register Permanent Residence or Adjust Status
OMB Number: 1615-0023
08/07/2020
Reason for Revision: Reverting currently approved Form edition (10/15/19) to previous Form edition before Public Charge (07/15/19).
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Current Page Number and Section |
Current Text |
Proposed Text |
Page 1, Table of Contents |
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Table of Contents
Form I-485 Main Instructions, Page
What Is the Purpose of Form I-485?, 2 Who May File Form I-485?, 2 Who May Not Be Eligible to Adjust Status?, 3 When Should I File Form I-485?, 4 General Instructions, 4 What Evidence Must You Submit with Form I-485?, 8 What Is the Filing Fee?, 16 Where To File?, 17 Address Change, 18 Processing Information, 18 Individuals With Disabilities and/or Impairments, 19 USCIS Forms and Information, 20 Penalties, 20 USCIS Compliance Review and Monitoring, 20 DHS Privacy Notice, 20 Paperwork Reduction Act, 21 Checklist, 21
Additional Instructions
Additional Instructions, 22 Additional Instructions for Family-Based Applicants, 22 Additional Instructions for Employment-Based Applicants, 24 Additional Instructions for Special Immigrants, 25 Additional Instructions for Human Trafficking Victims and Crime Victims, 26 Additional Instructions for Asylees and Refugees, 32 Additional Instructions for Applicants Filing Under Special Adjustment Programs, 33 Additional Categories, 40
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[Page 1]
Table of Contents
Form I-485 Main Instructions, Page
What Is the Purpose of Form I-485?, 1 Who May File Form I-485?, 2 Who May Not Be Eligible to Adjust Status?, 3 When Should I File Form I-485?, 4 General Instructions, 4 What Evidence Must You Submit with Form I-485?, 8 What Is the Filing Fee?, 14 Where To File?, 16 Address Change, 16 Processing Information, 16 Individuals With Disabilities and/or Impairments, 17 USCIS Forms and Information, 18 Penalties, 18 USCIS Compliance Review and Monitoring, 18 USCIS Privacy Act Statement, 19 Paperwork Reduction Act, 19 Checklist, 19
Additional Instructions
Additional Instructions, 20 Additional Instructions for Family-Based Applicants, 20 Additional Instructions for Employment-Based Applicants, 22 Additional Instructions for Special Immigrants, 23 Additional Instructions for Human Trafficking Victims and Crime Victims, 24 Additional Instructions for Asylees and Refugees, 31 Additional Instructions for Applicants Filing Under Special Adjustment Programs, 32 Additional Categories, 39 |
Pages 2-3, Who May File Form I-485? |
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Who May File Form I-485?
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1. Principal Applicant
The principal applicant is usually the individual named as the beneficiary of an immigrant petition or who is otherwise qualified to adjust status. A principal applicant must designate which immigrant category he or she is applying under by selecting the appropriate box listed on Form I-485, Part 2. Application Type or Filing Category, Item Numbers 2.a. - 8.e
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2. Derivative Applicant (files based on a principal applicant)
A principal applicant’s spouse and children, who are not beneficiaries of their own immigrant petition, may be eligible to apply for adjustment under the same immigrant category as the principal applicant. These family members are called “derivative applicants.” A derivative applicant must designate which immigrant category he or she is applying under by selecting the appropriate box listed on Form I-485, Part 2. Application Type or Filing Category, Item Numbers 2.a. - 8.e…
3. Other Immigrant Categories
If you are filing for adjustment of status based on an immigrant category not listed in Part 2., Item Numbers 2.a. - 8.e., select the “Other Eligibility” box in Item Number 8.e. and type or print the immigrant category you are applying under. These immigrant categories include, but are not limited to:
A. Polish or Hungarian parolee;
B. Amerasian Homecoming Act of 1987 (not to be confused with the Amerasian Act of October 22, 1982); and
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C. Registration of lawful permanent residence status based on a presumption of lawful admission
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Who May File Form I-485?
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1. Principal Applicant
The principal applicant is usually the individual named as the beneficiary of an immigrant petition or who is otherwise qualified to adjust status. A principal applicant must designate which immigrant category he or she is applying under by selecting the appropriate box listed on Form I-485, Part 2. Application Type or Filing Category, Item Numbers 1.a. - 1.g.
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2. Derivative Applicant (files based on a principal applicant)
A principal applicant’s spouse and children, who are not beneficiaries of their own immigrant petition, may be eligible to apply for adjustment under the same immigrant category as the principal applicant. These family members are called “derivative applicants.” A derivative applicant must designate which immigrant category he or she is applying under by selecting the appropriate box listed on Form I-485, Part 2. Application Type or Filing Category, Item Numbers 1.a. - 1.g.
3. Other Immigrant Categories
If you are filing for adjustment of status based on an immigrant category not listed in Part 2., Item Numbers 1.a. - 1.g., select the “Other Eligibility” box in Item Number 1.g. and type or print the immigrant category you are applying under. These immigrant categories include, but are not limited to:
A. 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);
B. Polish or Hungarian parolee;
C. Private immigration bill signed into law; and
D. Registration of lawful permanent residence status based on a presumption of lawful admission
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Pages 4-6, General Instructions |
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General Instructions
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Form G-325A, Biographic Information. Form G-325A is no longer required. You do not need to submit a separate Form G-325A with this Form I-485. Parts 1. and 3. of this Form I-485 meet the requirements of 8 CFR 245.2(a)(3)(i) by collecting the biographical information formerly required on Form G-325A
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Passport and Travel Document Numbers. If you used a passport or travel document to travel to the United States, enter either the passport or travel document information in the appropriate space on the application, even if the passport or travel document is currently expired.
Employment History. For Part 3., Item Numbers 11. – 22.b., provide all of your employment history for the last five years, whether inside or outside the United States. Provide information for the complete time period, including part-time employment, self-employment, or unemployment. If you do not know your start or end days (i.e. “dd”), provide your best estimate. Begin by providing information about your current and most recent employment or unemployment, if applicable. Provide the locations and dates where you worked. If you worked for yourself, type or print “self-employed.” If you were unemployed, type or print “unemployed.” Check the box to indicate if you currently work for the employer.
For applicants subject to the public charge ground of inadmissibility under INA section 212(a)(4) only, provide evidence for the last three years of employment such as federal income tax transcripts from the United States Internal Revenue Service (IRS) of the person’s IRS Form 1040, U.S. Individual Income Tax Return; or if not required to file federal income taxes the most recent IRS Form W-2, Wage and Tax Statement, if applicable. If you have already included the same tax documentation in relation to Form I-944 or I-864, you do not need to provide duplicate copies.
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General Instructions
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Form G-325A, Biographic Information. Form G-325A is no longer required. You do not need to submit a separate Form G-325A with this Form I-485. Parts 1. and 3. of this Form I-485 meet the requirements of 8 CFR 245.3(a)(3)(i) by collecting the biographical information formerly required on Form G-325A
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Passport and Travel Document Numbers. If you used a passport or travel document to travel to the United States, enter either the passport or travel document information in the appropriate space on the application, even if the passport or travel document is currently expired.
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If
you answer “Yes” to Part
8.,
Item
Numbers 61. and
62.,
attach evidence of any public assistance you received, or are
likely to receive while in the United States. For more
information on the receipt of public benefits and its impact on
public charge determinations, please see www.uscis.gov.
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Pages 8-14, What Evidence Must You Submit with Form I-485? |
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What Evidence Must You Submit with Form I-485?
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If you will be submitting the same documentation (i.e. tax return transcripts or birth certifications) for the I-485, I-864 or the I-944, you do not need to submit the documentation multiple times.
1. Photographs
You must submit two recent identical color passport-style photographs of yourself. The photos must have a white to off-white background, be printed on thin paper with a glossy finish, and be unmounted and unretouched.
The two recent identical color passport-style photos must be 2 by 2 inches. 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 inches from top of hair to bottom of chin, and eye height should measure between 1 1/8 to 1 3/8 inches from bottom of photo. Your head must be bare unless you are wearing headwear as required by a religious denomination of which you are a member. Using a pencil or felt pen, lightly print your name and A-Number (if any) on the back of the photo. Visit the following DOS website at https://travel.state.gov/content/travel/en/passports/requirements/photos.html for examples.
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5. Documentation of Your Immigrant Category (see Part 2., Item Numbers 2.a. - 8.e. of Form I-485)
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8. Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j) (Supplement J)
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9. Public Charge: Declaration of Self-Sufficiency (Form I-944) and Affidavit of Support Under Section 213A of the INA (Form I-864)
In
addition to Form I-485, you must file Form I-944 and Form I-864 to
establish that you are not inadmissible based on the public charge
ground, if you fall into one of the categories listed below. See
Form I-944 Instructions and Form I-864 Instructions for more
information. Failure to submit a required I-944 or I-864, will
result in a denial of your I-485. Please note that Form I-864W is
no longer required, so you do not need to submit a separate Form
I-864W with your Form I-485. If you are applying for an immigration benefit with USCIS, you may need to demonstrate that you are not likely to become a public charge at any time in the future, under INA section 212(a)(4). A public charge is an alien who receives one or more public benefits, as defined in 8 CFR 212.21(b), for more than 12 months in the aggregate within any 36-month period (such that, for instance, receipt of two benefits in one month counts as two months). An alien who is inadmissible based on the public charge ground is an alien who is likely at any time in the future to receive public benefits, for more than 12 months in the aggregate within any 36-month period (such that, for instance, receipt of two benefits in one month counts as two months), as defined in 212.21(b) based on the totality of the alien’s circumstances. Adjustment applicants must submit Form I-944, unless exempt from the public charge inadmissibility ground, to demonstrate that they are not likely at any time in the future to become a public charge.
General Exemption from Filing Form I-864
If you are an applicant listed below in the Who Must Submit Form I-944 and Form I-864 section and would normally be required to file Form I-864, you may be exempt from filing Form I-864 (but not Form I-944) if:
A. You have earned or can receive credit for 40 quarters (credits) of work in the United States (as defined by the Social Security Act (SSA)), regardless of the immigrant category. (Attach your SSA earning statements. Do not count any quarters during which you received a means-tested public benefit.); or
B. You are under 18 years of age, unmarried, immigrating as the child of a U.S. citizen, are not likely to become a public charge, and will automatically become a U.S. citizen pursuant to INA section 320 upon your admission to the United States.
Who Must Submit Form I-944 and Form I-864
If you are a principal or derivative applicant, you must submit Form I-944 and Form I-864 with your Form I-485 if you are applying under one of the following immigrant categories (unless otherwise stated):
A. Immediate relative (spouse of a U.S. citizen, parent of a U.S. citizen if the U.S. citizen is 21 years of age or older, and unmarried child under 21 years of age of a U.S. citizen);
B. Other relative of a U.S. citizen or relative of a lawful permanent resident under the family-based preference categories;
C. Person admitted to the United States as a K-1 nonimmigrant fiancé(e) or K-2 nonimmigrant child of a fiancé(e) of a U.S. citizen; or
D. Alien worker under the employment-based preference categories ONLY if a relative filed Form I-140 for you or has a five percent or more ownership interest in the business that filed Form I-140 for you. Note that:
(1) The relative who is the sponsor for Form I-864 must be your husband, wife, father, mother, child, adult son, adult daughter, brother, or sister; and
(2) The relative who is the sponsor for Form I-864 must also be a U.S. citizen, U.S. national, or lawful permanent resident; however, if your relative is your brother or sister, a Form I-864 is only required if he or she is a U.S. citizen (but not if he or she is a lawful permanent resident).
Who Must Submit Form I-944 (and not Form I-864)
If you are a principal or derivative applicant, you must submit Form I-944 with your Form I-485 if you are applying under one of the following immigrant categories:
A. Widow or widower of a U.S. citizen;
B. Alien worker under the employment-based preference categories (Exception: You may also need to file Form I-864 if a relative filed Form I-140 for you or has five percent or more ownership interest in the business that filed Form I-140. See the list above for more details.);
C. Alien entrepreneur;
D. Diplomats or high ranking officials unable to return home (Section 13 of the Act of September 11, 1957);
E. S nonimmigrants and qualifying family members (Form I-485 can only be filed by law enforcement agencies, not by an individual);
F. Diversity Visa program immigrants; or
G. Special Immigrants listed below:
(1) Certain U.S. Armed Forces immigrants (also known as the Six and Six program);
(2) Panama Canal Zone employees;
(3) Certain broadcasters;
(4) G-4 or NATO-6 employees and their family members;
(5) International employees of the U.S. government abroad;
(6) Religious workers;
(7) Certain physicians; or
(8) Certain employees or former employees of the U.S. government abroad.
H. Applicants adjusting under the Amerasian Act (October 22, 1982).
Who Must Submit Form I-864 (and not Form I-944)
If you are a principal or derivative applicant, you must submit Form I-864 with your Form I-485 if:
(1) The relative who is the sponsor for Form I-864 must be your husband, wife, father, mother, child, adult son, adult daughter, brother, or sister; and
(2) The relative who is the sponsor for Form I-864 must also be a U.S. citizen, U.S. national, or lawful permanent resident; however, if your relative is your brother or sister, Form I-864 is only required if he or she is a U.S. citizen (but not if he or she is a lawful permanent resident).
If, at time of adjudication of the Form I-485, you no longer are in the category or status described in Item A. above, you may have to file Form I-944 in addition to Form I-864.
Who Does Not Need to Submit Form I-944 or Form I-864
You
are exempt from the public charge ground of inadmissibility and do
not need to file Form I-944 or Form I-864 with your Form I-485 if
you are applying under one of the following categories: A. VAWA self-petitioner. However if you are a VAWA-self-petitioner adjusting as an alien worker under the employment-based preference categories where a relative filed Form I-140 for applicant or has a five percent or more ownership interest in the business that filed Form I-140, you may have to file Form I-864;
B. Special immigrant juvenile;
C. Certain Afghan or Iraqi national employed by or on behalf of the U.S. Government;
D. Asylee;
E. Refugee;
F. Victim of qualifying criminal activity (U nonimmigrant) under INA section 245(m);
G. Adjusting under any category other than the victim of qualifying criminal activity (U nonimmigrant) immigrant category INA section 245(m) or as an alien worker under the employment-based preference categories where a relative filed Form I-140 for applicant or has a five percent or more ownership interest in the business that filed Form I-140, but the applicant, at the time he or she filed the adjustment of status application, is in valid U nonimmigrant status.
NOTE: This exemption only applies if, at the time of the adjudication of the Form I-485, you are in valid U nonimmigrant status. If, at the time of adjudication of the Form I-485, you are no longer in valid U nonimmigrant status, you may be required to submit Form I-944 and Form I-864.
H. Human trafficking victim (T nonimmigrant) under INA section 245(l);
I. Adjusting under any category other than INA section 245(l), or as an alien worker under the employment-based preference categories where a relative filed Form I-140 for applicant or has a five percent or more ownership interest in the business that filed Form I-140, but the applicant either has a pending application for T nonimmigrant status (Form I-914) that sets forth a prima facie case for eligibility, or is in valid T nonimmigrant status at the time the application for adjustment is filed.
NOTE: This exemption only applies if, at the time of the adjudication of the Form I-485, the Form I-914 is still pending and deemed to be prima facie eligible, or you are in valid T nonimmigrant status. If, at the time of the adjudication of the Form I-485, your Form I-914 is no longer pending a decision and deemed prima facie eligible, or you are no longer in valid T nonimmigrant status, you may be required to submit a Form I-944 and Form I-864.
J. Applicant adjusting under the Cuban Adjustment Act;
K. Applicant adjusting under the Cuban Adjustment Act for battered spouses and children;
L. Applicant adjusting based on dependent status under the Haitian Refugee Immigrant Fairness Act;
M. Applicant adjusting based on dependent status under the Haitian Refugee Immigrant Fairness Act for battered spouses and children;
N. Lautenberg parolee;
O. Applicant adjusting under the Indochinese Parole Adjustment Act of 2000;
P. Applicant adjusting based on continuous residence in the United States since before January 1, 1972 ("Registry");
Q. Individual born in the U.S. under diplomatic status; or
R. Spouse, child or parent of a deceased U.S. active duty service military member in the armed forces under the National Defense Authorization Act (NDAA);
S.
Other groups
listed below: (1) Applicant adjusting under the Amerasian Homecoming Act (December 22, 1987);
(2) Polish or Hungarian parolee; or
(3) American Indian born in Canada (INA section 289).
Aliens Who Accompany-to-Join a Principal Intending Immigrant
If you are an alien who is accompanying-to-join a principal intending immigrant, you must submit clear and true photocopies of any relevant Form I-864(s) and attachments filed on behalf of the principal intending immigrant.
Aliens Who Follow-to-Join a Principal Intending Immigrant
If you are following-to-join a principal intending immigrant you must submit a new Form I-864(s), together with all documents or other evidence necessary as provided in Form I-864 and Instructions.
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What Evidence Must You Submit with Form I-485?
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1. Photographs
You must submit two recent identical color passport-style photographs of yourself. The photos must have a white to off-white background, be printed on thin paper with a glossy finish, and be unmounted and unretouched.
The two recent identical color passport-style photos must be 2 by 2 inches. 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 inches from top of hair to bottom of chin, and eye height is between 1 1/8 to 1 3/8 inches from bottom of photo. Your head must be bare unless you are wearing headwear as required by a religious denomination of which you are a member. Using a pencil or felt pen, lightly print your name and A-Number (if any) on the back of the photo. Visit the following DOS website at travel.state.gov/content/passports/english/passports/photos/photo-examples.html for examples.
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5. Documentation of Your Immigrant Category (see Part 2., Item Numbers 1.a. - 1.g. of Form I-485)
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8. Affidavit of Support/Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j) (Supplement J)
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. Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j) (Supplement J)
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9. Evidence of Financial Support
In general, you must demonstrate that you are not likely to become a public charge. This means you must show that you will be able to financially support yourself as a lawful permanent resident living indefinitely in the United States. Generally, all immediate relative and family-based adjustment applicants (beneficiaries of Form I-129F, Petition for Alien Fiancé(e), and Form I-130, Petition for Alien Relative) must have a Form I-864. Some employment- based applicants must also have a Form I-864, Affidavit of Support Under Section 213A of the Act (whether they are beneficiaries of a Form I-140, Immigrant Petition for Alien Worker, or a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, if filed in relation to certain employment-based immigrant visa classifications). See the Instructions for Form I-864 to determine when Form I-864 is required and whether an exemption may be available. If you are exempt from the Affidavit of Support requirement, you may need to file Form I-864W, Intending Immigrant’s Affidavit of Support Exemption.
For more information about Form I-864 requirements, visit www.uscis.gov/i-864. For more information about the Form I-864W, visit www.uscis.gov/i-864w. For more information on how receiving public benefits may impact how USCIS determines if you are likely to become a public charge, visit www.uscis.gov.
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Page 19,
USCIS Privacy Act Statement |
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DHS Privacy Notice
AUTHORITIES: The information requested on this application, and the associated evidence, is collected under INA sections 101 et seq., as amended, and related public laws and regulations.
PURPOSE: The primary purpose for providing the requested information on this application is to apply to adjust your status to that of a permanent resident of the United States or register permanent residence. DHS uses the information you provide to grant or deny the benefit you are seeking.
DISCLOSURE: The information you provide is voluntary, including your Social Security Number. However, failure to provide the requested information will result in the delay or denial of your application.
ROUTINE USES: DHS may share the information you provide on this application, and any additional requested evidence, with other Federal, state, local, and foreign government agencies and authorized organizations. DHS follows approved routine uses, as described in the associated published system of records notices [DHS/USCIS-001- Alien File, Index, and National File Tracking System and DHS/USCIS-007 - Benefits Information System] and the published privacy impact assessments [DHS/USCIS/PIA-016a Computer Linked Application Information Management System and Associated Systems and DHS/USCIS/PIA-056 USCIS Electronic Immigration System] which can be found at www.dhs.gov/privacy. DHS may also share this information, as appropriate, for law enforcement purposes or in the interest of national security.
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USCIS Privacy Act Statement
AUTHORITIES: The information requested on this application, and the associated evidence, is collected under INA sections 101 et seq., as amended, and related public laws and regulations.
PURPOSE: The primary purpose for providing the requested information on this application is to determine if you have established eligibility to adjust status to that of a permanent resident of the United States or register permanent residence. DHS will use the information you provide to grant or deny your application to adjust status to lawful permanent resident.
DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information, and any requested evidence, may delay a final decision in your case or result in denial of your application.
ROUTINE USES: DHS may share the information you provide on this application with other Federal, state, local, and foreign government agencies and authorized organizations. DHS follows approved routine uses described in the associated published system of records notices [DHS/USCIS-007 - Benefits Information System and DHS/USCIS-001 - Alien File, Index, and National File Tracking System of Records] which you can find at www.dhs.gov/privacy. DHS may also share the information, as appropriate, for law enforcement purposes or in the interest of national security.
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Page 19,
Paperwork Reduction Act |
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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 Office of Management and Budget (OMB) control number. The public reporting burden for this collection of information is estimated at 6.42 hours per response, including the time for reviewing instructions, gathering the required documentation and information, completing the application, preparing statements, attaching necessary documentation, and submitting the application. The collection of biometrics is estimated to require 1 hour and 10 minutes. 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 Coordination Division, Office of Policy and Strategy, 20 Massachusetts Ave NW, Washington, DC 20529-2140; OMB No. 1615-0023. Do not mail your completed Form I-485 to this address.
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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 Office of Management and Budget (OMB) control number. The public reporting burden for this collection of information is estimated at 6 hours and 15 minutes per response, including the time for reviewing instructions, gathering the required documentation and information, completing the application, preparing statements, attaching necessary documentation, and submitting the application. The collection of biometrics is estimated to require 1 hour and 10 minutes. 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 Coordination Division, Office of Policy and Strategy, 20 Massachusetts Ave NW, Washington, DC 20529-2140; OMB No. 1615-0023. Do not mail your completed Form I-485 to this address.
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Page 20-21, Additional Instructions for Family-Based Applicants |
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Additional Instructions for Family-Based Applicants
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Additional Instructions for Family-Based Applicants
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NOTE: VAWA-based applicants for adjustment of status are exempt from Affidavit of Support requirements; however, each applicant must include Form I-864W with the adjustment application
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Pages 22-23, Additional Instructions for Employment-Based Applicants |
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Additional Instructions for Employment-Based Applicants
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[Page 22]
Additional Instructions for Employment-Based Applicants
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Evidence of Financial Support
In general, if you are filing Form I-485 based on employment, you do not need to submit Form I-864, Affidavit of Support Under Section 213A of the Act. However, you must file Form I-864 if your Form I-140 was filed by a relative who is a U.S. citizen or lawful permanent resident or by a for-profit entity if 5% or more of the ownership interest is held by a relative who is a U.S. citizen or lawful permanent resident. In this context, “relative” means a U.S. citizen or lawful permanent resident who is your husband, wife, father, mother, child, adult son, adult daughter, or a U.S. citizen who is your brother or sister
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| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| Author | Kim, Andrew I |
| File Modified | 0000-00-00 |
| File Created | 2021-01-13 |