I-485 – Immigration Petition for Permanent Residency

Posted on September 26, 2013. Filed under: Immigration | Tags: , , , , , , , , |

Adjustment of Status is the process of becoming a green card holder (permanent resident) while already inside the U.S. The USCIS form for adjustment of status is Form I-485.

This process, however, is not available to everyone. If you are not eligible for Adjustment of Status, you may apply for a green card outside the U.S. through consular processing.

Who is Eligible for Adjustment of Status?

Adjustment of Status may be available to applicants who are currently authorized to be in the U.S. with a valid nonimmigrant visa and reapplying for a green card based on one of the following:

  • Having an approved immigrant petition (Form I-130 or Form I-140);
  • Being the derivate of a principal green card applicant (spouse or child);
  • Having a fiancé visa and having already married a U.S. citizen in the U.S. (Form I-129 and K-1 visa);
  • Having asylee or refugee status;
  • Being born in Cuba or being the spouse or child of someone from Cuba;
  • Having continuous residence in the U.S. since before January 1, 1972;
  • Having a valid priority date under the Child Status Protection Act; Or
  • Having a Western Hemisphere priority date.

What Evidence is Required for Adjustment of Status?

The I-485 application process requires you provide the following evidence:

  • A copy of your birth certificate,
  • A copy of the passport page with your nonimmigrant visa
  • Two identical passport-style photographs of yourself
  • Your criminal records
  • Your biographical information
  • Your fingerprints
  • Affidavit of Support (if application is based on approved immigrant petition or based on a fiancé visa)
  • Marriage certificate  (if application is based on being a derivative or a principal green card applicant or based on a fiancé visa)
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