TABLE OF CHANGES – INSTRUCTIONS
Form I-485, Application to Register Permanent Residence or Adjust Status
OMB Number: 1615-0023
12/27/2022
Reason for Revision: FeeRule NPRM Project Phase: OMBReview
Legend for Proposed Text:
Expires 12/31/2024 Edition Date 12/23/2022 |
Current Page Number and Section |
Current Text |
Proposed Text |
Page 1,
Table of Contents
|
[Page 1]
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?, 10 What Is the Filing Fee?, 16 Where To File?, 17 Address Change, 17 Processing Information, 18 Individuals With Disabilities and/or Impairments, 19 USCIS Forms and Information, 19 Penalties, 20 USCIS Compliance Review and Monitoring, 20 USCIS Privacy Act Statement, 20 Paperwork Reduction Act, 21 Checklist, 21
…
|
[Page 1]
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?, 10 Where To File?, 17 Address Change, 17 Processing Information, 18 Individuals With Disabilities and/or Impairments, 19 USCIS Forms and Information, 19 Penalties, 20 USCIS Compliance Review and Monitoring, 20 USCIS Privacy Act Statement, 20 Paperwork Reduction Act, 21 Checklist, 21
… |
Page 4-5,
General Instructions
|
[Page 4]
General Instructions
…
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.
…
|
General Instructions
…
Filing Fee. See Form G-1055, available at www.uscis.gov/forms, for specific information about the fees applicable to this form.
... |
Page 6-9,
How To Fill Out Form I-485
|
[Page 6]
How To Fill Out Form I-485
…
7. Form I-94 Arrival-Departure Record. If U.S. Customs and Border Protection (CBP) or USCIS issued you a Form I-94, Arrival-Departure Record, provide your Form I-94 number and date that your authorized period of stay expires or expired (as shown on Form I-94). The Form I-94 number also is known as the Departure Number on some versions of Form I-94.
NOTE: If you were admitted to the United States by CBP at an airport or seaport after April 30, 2013, you may have been issued an electronic Form I-94 by CBP, instead of a paper Form I-94. You may visit the CBP website at www.cbp.gov/i94 to obtain a paper version of an electronic Form I-94. CBP does not charge a fee for this service. Some travelers admitted to the United States at a land border, airport, or seaport, after April 30, 2013, with a passport or travel document, who were issued a paper Form I-94 by CBP, may also be able to obtain a replacement Form I-94 from the CBP website without charge. If your Form I-94 cannot be obtained from the CBP website, it may be obtained by filing Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Record, with USCIS. USCIS does charge a fee for this service.
…
|
How To Fill Out Form I-485
…
[no change]
NOTE: If you were admitted to the United States by CBP at an airport or seaport after April 30, 2013, you may have been issued an electronic Form I-94 by CBP, instead of a paper Form I-94. You may visit the CBP website at www.cbp.gov/i94 to obtain a paper version of an electronic Form I-94. CBP does not charge a fee for this service. Some travelers admitted to the United States at a land border, airport, or seaport, after April 30, 2013, with a passport or travel document, who were issued a paper Form I-94 by CBP, may also be able to obtain a replacement Form I-94 from the CBP website without charge. If your Form I-94 cannot be obtained from the CBP website, it may be obtained by filing Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Record, with USCIS. USCIS does charge a fee for this service. USCIS does charge a fee for Form I-102. See Form G-1055, available at www.uscis.gov/forms, for specific information about the fees applicable to this form.
…
|
Page 16-17,
What Is the Filing Fee?
|
[Page 16]
What Is the Filing Fee?
The filing fee for Form I-485 is $1,140.
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;
[Page 17]
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
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 https://www.justice.gov/eoir/eoir-policy-manual.
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:
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 checks or money orders payable to U.S. Department of Homeland Security.
NOTE: 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, USCIS will convert it 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 your bank will show it on your regular account statement.
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.
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.
1. Visit the USCIS website at www.uscis.gov, select “FORMS,” and check the appropriate fee; or
2. Call the USCIS Contact Center at 1-800-375-5283 and ask for fee information. For TTY (deaf or hard of hearing) call: 1-800-767-1833.
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.
|
[deleted] |
Page 18,
Where To File?
|
[Page 18]
Where To File?
…
|
Where To File?
… |
Page 21,
Paperwork Reduction Act
|
[Page 21]
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 7 hours and 10 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, Office of Policy and Strategy, Regulatory Coordination Division, 5900 Capital Gateway Drive, Mail Stop #2140, Camp Springs, MD 20588-0009; OMB No. 1615-0023. Do not mail your completed Form I-485 to this address.
|
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 6.237 hours 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 1.17 hours. 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, Office of Policy and Strategy, Regulatory Coordination Division, 5900 Capital Gateway Drive, Mail Stop #2140, Camp Springs, MD 20588-0009; OMB No. 1615-0023. Do not mail your completed Form I-485 to this address.
|
Page 21,
Checklist
|
[Page 21]
Checklist
I have signed Form I-485 in Part 10., Item Number 6.a.
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.
|
Checklist
I have signed Form I-485 in Part 10., Item Number 6.a.
I have included the appropriate fee, 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.
|
|
|
|
| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| Author | Hallstrom, Samantha M |
| File Modified | 0000-00-00 |
| File Created | 2023-09-06 |