TABLE OF CHANGES – INSTRUCTIONS
Form I-485, Application to Register Permanent Residence or Adjust Status
OMB Number: 1615-0023
09/02/2020
Reason for Revision: Fee Rule Project Phase: Post G-1056
Legend for Proposed Text:
Expires 10/31/2020 Edition Date 10/15/2019 |
Current Page Number and Section |
Current Text |
Proposed Text |
Page 4-8, General Instructions |
[Page 4]
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Filing Fee. Each application must be accompanied by the appropriate filing fee and biometric services fee (if applicable). (See the What Is the Filing Fee section of these Instructions.) If you file this application with an agency other than USCIS, check with that agency to determine if and when you must submit biometric services fees.
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Biometric Services Appointment. USCIS may require that you appear for an interview or provide fingerprints, photograph, and/or signature at any time to verify your identity, obtain additional information, and conduct background and security checks, including a check of criminal history records maintained by the Federal Bureau of Investigation (FBI), before making a decision on your application, petition, or request. After USCIS receives your application and ensures it is complete, we will inform you in writing if you need to attend a biometric services appointment. If an appointment is necessary, the notice will provide you the location of your local or designated USCIS Application Support Center (ASC) and the date and time of your appointment. If you are an applicant (principal or derivative) filing Form I-485 with an immigration judge, you are required to comply with instructions you will receive during proceedings for submitting Form I-485 to USCIS with all relevant fees and for providing biometric and biographic information to USCIS.
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Acknowledgement of Selective Service. Review the Selective Service Acknowledgement in Part 10. The purpose of this acknowledgement is to confirm that you understand USCIS will be sending your information to the Selective Service System for registration.
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2. If you need extra space to complete any item within this application, use the space provided in Part 14. Additional Information or attach a separate sheet of paper; type or print your name and Alien Registration Number (A-Number) (if any) at the top of each sheet; indicate the Page Number, Part Number, and Item Number to which your answer refers; and sign and date each sheet.
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4. USCIS Online Account Number (if any). If you have previously filed an application, petition, or request using the USCIS online filing system (previously called USCIS Electronic Immigration System (USCIS ELIS)), provide the USCIS Online Account Number you were issued by the system. You can find your USCIS Online Account Number by logging in to your account and going to the profile page. If you previously filed certain applications, petitions, or requests on a paper form via a USCIS Lockbox facility, you may have received a USCIS Online Account Access Notice issuing you a USCIS Online Account Number. If you received such a notice, your USCIS Online Account Access Number can be found at the top of the notice. If you were issued a USCIS Online Account Number, enter it in the space provided. The USCIS Online Account Number is not the same as an A-Number.
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Employment History. For 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.
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Filing Fee. Each application must be accompanied by the appropriate filing fee. (See the What Is the Filing Fee section of these Instructions.)
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Biometric Services Appointment. USCIS may require that you appear for an interview or provide biometrics at any time to verify your identity, obtain additional information, and conduct background and security checks, including a check of criminal history records maintained by the Federal Bureau of Investigation (FBI), before making a decision on your application, petition, or request. After USCIS receives your application and ensures it is complete, we will inform you in writing if you need to attend a biometric services appointment. If an appointment is necessary, the notice will provide you the location of your local or designated USCIS Application Support Center (ASC) and the date and time of your appointment. If you are an applicant (principal or derivative) filing Form I-485 with an immigration judge, you are required to comply with instructions you will receive during proceedings for submitting Form I-485 to USCIS with all relevant fees and for providing biometric and biographic information to USCIS.
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Acknowledgement of Selective Service. Review the Selective Service Acknowledgement in Part 10. The purpose of this acknowledgement is to confirm that you understand USCIS will be sending your information to the Selective Service System for registration.
Delivery Information. If your application is approved, your ensuing document (Permanent Resident Card, Employment Authorization Document, or Travel Document) will be delivered using the United States Postal Service’s (USPS) Signature Confirmation Restricted Delivery service. You will be required to sign for delivery of your document. You must provide identification as requested by USPS. If you are not able to sign for your document, you may designate an agent to sign on your behalf. To do this you must complete either (1) the US Postal Service Form 3801 and submit it to your local Post Office or (2) Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, if you would like your attorney or accredited representative to receive the document.
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2. If you need extra space to complete any item within this application, use the space provided in Part 14. Additional Information or attach a separate sheet of paper; type or print your name and Alien Registration Number (A-Number) at the top of each sheet; indicate the Page Number, Part Number, and Item Number to which your answer refers; and sign and date each sheet.
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4. USCIS Online Account Number. If you have previously filed an application, petition, or request using the USCIS online filing system (previously called USCIS Electronic Immigration System (USCIS ELIS)), provide the USCIS Online Account Number you were issued by the system. You can find your USCIS Online Account Number by logging in to your account and going to the profile page. If you previously filed certain applications, petitions, or requests on a paper form via a USCIS Lockbox facility, you may have received a USCIS Online Account Access Notice issuing you a USCIS Online Account Number. If you received such a notice, your USCIS Online Account Access Number can be found at the top of the notice. If you were issued a USCIS Online Account Number, enter it in the space provided. The USCIS Online Account Number is not the same as an A-Number.
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Employment History. For 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. 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.
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Page 8-17, What Evidence Must You Submit with Form I-485? |
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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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If no secondary evidence is available, you may submit separate written statements, signed under penalty of perjury under United States law, from yourself and from any other individuals who have personal knowledge of the circumstances of your claimed admission or parole. Any statement should explain in detail when and where you came into the United States; what travel documents you had, if any; whether you showed them to the immigration inspector; any questions the immigration inspector asked; and any other details about your claimed admission or parole.
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A. Form I-797, Approval or Receipt Notice, for the principal applicant’s immigrant petition (if applicable); and
B. Form I-797, Approval or Receipt Notice, for the principal applicant’s Form I-485 (if applicable) or a copy of the principal applicant’s Form I-551 (Green Card) (if applicable).
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[Page 9]
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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 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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If no secondary evidence is available, you may submit separate written statements, signed under penalty of perjury under United States law, from yourself and from any other individuals who have personal knowledge of the circumstances of your claimed admission or parole. Any statement should explain in detail when and where you came into the United States; what travel documents you had; whether you showed them to the immigration inspector; any questions the immigration inspector asked; and any other details about your claimed admission or parole.
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A. Form I-797, Approval or Receipt Notice, for the principal applicant’s immigrant petition; and
B. Form I-797, Approval or Receipt Notice, for the principal applicant’s Form I-485 or a copy of the principal applicant’s Form I-551 (Green Card).
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Page 17-18, What Is the Filing Fee? |
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The filing fee for Form I-485 is $1,140.
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If you are 13 years of age or younger and:
1. Are filing with a parent’s Form I-485, the filing fee for Form I-485 is $750; or
2. Are filing without a parent’s Form I-485, the filing fee for Form I-485 is $1,140.
A biometric services fee of $85 is also required for applicants between 14 and 79 years of age.
If you are 79 years of age or older, you do not need to pay a biometric services fee. However, you still must appear for your scheduled biometrics collection appointment.
If you are 13 years of age or younger, you do not need to pay a biometric services fee. However, you still must appear for your scheduled biometrics collection appointment. If you turn 14 years of age while your application is pending, you will then have to pay an $85 biometric services fee before USCIS will adjudicate your application.
You do not need to pay either the Form I-485 filing fee or biometric services fee if:
1. You are a refugee adjusting status under INA section 209(a). Refugees are automatically exempt from paying the Form I-485 filing fee and biometric services fee and are not required to demonstrate an inability to pay;
2. You qualify for and receive a fee waiver based on your inability to pay. If you believe you are eligible for a fee waiver under 8 CFR 103.7(c), complete Form I-912, Request for Fee Waiver (or a written request), and submit it and any required evidence of your inability to pay the filing fee with this application. You can review the fee waiver guidance at www.uscis.gov/feewaiver; or
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3. You are in deportation, exclusion, or removal proceedings before an Immigration Judge, and the Immigration Judge waives your application fee. See 8 CFR 1003.24. If you believe you are eligible for a fee waiver, file a written request with the Immigration Judge, along with any required evidence of your inability to pay the filing fee. For additional information on filing a request for a fee waiver, see the Immigration Court Practice Manual at www.justice.gov/eoir/office-chief-immigration-judge-0.
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NOTE: The filing fee and biometric services fee are not refundable, regardless of any action USCIS (or an Immigration Judge if you are in deportation, exclusion, or removal proceedings) takes on this application. DO NOT MAIL CASH. You must submit all fees in the exact amounts.
Use the following guidelines when you prepare your checks or money orders for the Form I-485 filing fee and biometric services fee:
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2. Make the checks or money orders payable to U.S. Department of Homeland Security.
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You will not receive your original check back. We will destroy your original check, but will keep a copy of it. If USCIS cannot process the EFT for technical reasons, you authorize us to process the copy in place of your original check. If your check is returned as unpayable, USCIS will re-submit the payment to the financial institution one time. If the check is returned as unpayable a second time, we will reject your application and charge you a returned check fee.
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How To Check If the Fees Are Correct
Form I-485’s filing fee and biometric services fee are current as of the edition date in the lower left corner of this page. However, because USCIS fees change periodically, you can verify that the fees are correct by following one of the steps below.
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Filing Form I-485 with Forms I-765 and I-131
If you properly file Form I-485 and pay the required fees, you may file Form I-765 and Form I-131 without paying additional fees. You may file these forms together, or if you choose to file Form I-765 or Form I-131 separately, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence that you filed and paid for Form I-485.
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The filing fee for Form I-485 is $1,130.
Certain aliens who filed an Application for Asylum and for Withholding of Removal (Form I-589) and were subsequently granted asylum pay a reduced Form I-485 filing fee.
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You do not need to pay the Form I-485 filing fee if:
1. You are a refugee adjusting status under INA section 209(a);
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2. You are in deportation, exclusion, or removal proceedings before an Immigration Judge, and the Immigration Judge waives your application fee. See 8 CFR 1003.24. If you believe you are eligible for a fee waiver, file a written request with the Immigration Judge, along with any required evidence of your inability to pay the filing fee. For additional information on filing a request for a fee waiver, see the Immigration Court Practice Manual at www.justice.gov/eoir/office-chief-immigration-judge-0; or
3. You are an applicant for Special Immigrant Status based on an approved Form I-360 as an Afghan or Iraqi Interpreter, or Iraqi National employed by or on behalf of the U.S. Government or Afghan National employed by the U.S. government or the International Security Assistance Forces (“ISAF”).
Fee Waiver
Some forms may be eligible for fee waivers as provided in 8 CFR 106.3. For information on fee waivers, see Form I-912, Request for Fee Waiver at www.uscis.gov/i-912.
NOTE: The filing fee is not refundable, regardless of any action USCIS (or an Immigration Judge if you are in deportation, exclusion, or removal proceedings) takes on this application. DO NOT MAIL CASH. You must submit all fees in the exact amounts.
Use the following guidelines when you prepare your check or money order for the Form I-485 filing fee:
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2. Make the check or money order payable to U.S. Department of Homeland Security.
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You will not receive your original check back. We will destroy your original check, but will keep a copy of it. If USCIS cannot process the EFT for technical reasons, you authorize us to process the copy in place of your original check. If your check is returned as unpayable, we may reject your application.
Payments by Credit Card
If you are filing your application at a USCIS Lockbox facility, you can pay your filing fee using a credit card. Please see Form G-1450, Authorization for Credit Card Transactions, at www.uscis.gov/g-1450 for more information.
How To Check If the Fees Are Correct
Form I-485’s filing fee is current as of the edition date in the lower left corner of this page. However, because USCIS fees change periodically, you can verify that the fees are correct by following one of the steps below.
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Page 21-22, DHS Privacy Notice |
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DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information, including your Social Security Number (if applicable), and any requested evidence, may delay a final decision or result in denial of your application.
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DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information, including your Social Security Number (if applicable), and any requested evidence, may delay a final decision or result in a rejection or denial of your application.
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Page 22, Checklist |
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I have included the appropriate filing fee and biometric services fee (if applicable), if not exempted or waived.
I have read these Instructions and the following Additional Instructions (if any) relating to my specific immigrant category.
I have included all of the required documentation listed in these Instructions and in the following Additional Instructions (if any) relating to my specific immigrant category.
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I have included the appropriate filing fee.
I have read these Instructions and the following Additional Instructions relating to my specific immigrant category.
I have included all of the required documentation listed in these Instructions and in the following Additional Instructions relating to my specific immigrant category.
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Page 34-41, Additional Instructions for Applicants Filing Under Special Adjustment Programs |
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2. A Cuban birth certificate issued by the appropriate civil registry in Cuba. (Note: A Cuban birth certificate acknowledging a birth outside of Cuba or Cuban consular birth record issued for a principal applicant who was not born in Cuba is not sufficient to prove Cuban citizenship.)
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Evidence of Cuban Citizenship (If you were Born Outside of Cuba)
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4. Evidence that the termination of your marriage was connected to the abuse (if applicable); and
5. Evidence that the abusive Cuban spouse died within two years of when you filed an application for adjustment of status (if applicable).
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Evidence of Death of the Cuban Spouse (if applicable)
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Evidence of Termination of the Marriage (if applicable)
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2. A Cuban birth certificate issued by the appropriate civil registry in Cuba. (Note: A Cuban birth certificate acknowledging a birth outside of Cuba or Cuban consular birth record issued for a principal applicant who was not born in Cuba is not sufficient to prove Cuban citizenship.)
8 CFR 245.2(a)(3)(iv) (Under the Act of November 2, 1966). The requirements to apply for adjustment of status on Form I-485A with an accompanied Form I-643, as well as the inclusion of clearances from local police jurisdictions for any area in the United States where the applicant has lived for six month or more since the age of 14 years of age, are not required. The consolidation of Supplement A into the I-485 and the obtaining of FBI background checks on the applicant meet these requirements as enumerated under 8 CFR 245.2(a)(3)(iv).
Evidence of Cuban Citizenship (If You Were Born Outside of Cuba)
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4. Evidence that the termination of your marriage was connected to the abuse; and
5. Evidence that the abusive Cuban spouse died within two years of when you filed an application for adjustment of status.
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Evidence of Death of the Cuban Spouse
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Evidence of Termination of the Marriage
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Page 41-45, Additional Categories |
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2. Evidence that any derivative applicants were originally included in the DV lottery entry (if applicable).
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2. Evidence that any derivative applicants were originally included in the DV lottery entry.
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| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| File Title | I-485 |
| Author | Hallstrom, Samantha M |
| File Modified | 0000-00-00 |
| File Created | 2021-01-13 |