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Home » Blog » Step-by-Step Form I-485 Instructions

Step-by-Step Form I-485 Instructions

July 18, 2023 Apply for Green Card

Intending immigrants who want to prepare Form I-485, Application to Register Permanent Residence or Adjust Status, face a challenge. The Form I-485 instructions can be extraordinarily intimidating. After all, there are 44 pages of instructions for the green card application. What’s more, other forms are typically filed concurrently as a part of the adjustment of status package. In some cases, an innocent mistake can result in significant delays, long-term immigration problems, or even an I-485 denial .

Form I-485 Instructions by Part Part 1: Information About You Part 2: Application Type or Filing Category Part 3: Additional Information About You Part 4: Information About Your Parents Part 5: Information About Your Marital History Part 6: Information About Your Children Part 7: Biographic Information Part 8: General Eligibility and Inadmissibility Grounds Part 9: Accommodations for Individuals With Disabilities and/or Impairments Part 10: Applicant Signature Part 11: Interpreter Signature Part 12: Preparer Signature Part 13: Signature at Interview Supporting Document Checklist I-485 Filing Instructions Made Easier

Options for Preparing Form I-485

With a significant USCIS fee increase on the horizon and legal fees at an all time high, applying for a green card has been a very expensive process. Depending on the case, attorneys may charge $2,500-$10,000 (not including USCIS fees) to file an adjustment of status application package. For individuals with complex situations, criminal offenses, or serious immigration violations, using an lawyer is the best option. But most people with straight-forward situations don’t need a lawyer.

That’s why CitizenPath created an affordable solution for preparing Form I-485 and the entire adjustment of status application package. The online immigration service was designed by experienced immigration attorneys for people with straight-forward cases. It even allows our customers to prepare Form I-130, Petition for Alien Relative (and Form I-130A) at the same time if needed. The service makes the process easy and provides alerts if we detect a problem. And we guarantee that USCIS will approve your application… or your money back. Maybe best of all, you'll get easy-to-use I-485 filing instructions. We customize the filing instructions to your answers in the application. You'll get a checklist of items to include in your application package. It’s free to get started. You don’t pay for our service until you’re done. Try it now >>

Form I-485 Instructions

We compiled some basic step-by-step I-485 instructions for your convenience. We’ve skipped over simple items and focused on the areas the most people need help. When preparing your I-485 application on CitizenPath, you’ll find more extensive directions.

Part 1: Information About You

For Your Current Legal Name , use the name that appears on your passport, unless you have changed it. For example, you may use your new married name if your recent marriage legally changed your name. You’ll need to submit a copy of the marriage certificate as evidence of the name change.

In Other Names , provide any other names, including a maiden name, that you have used during your life.

Always use a Mailing Address where you can reliably receive mail from USCIS. Certain applicants who are victims of crime or abusive situations may use an Alternate and/or Safe Mailing Address . You may use a Post Office box or other mail box service. If you receive mail at someone else’s home, enter that person’s name in the “In Care Of” line.

Your Place of Last Arrival into the United States is generally the port of entry where you were inspected by a U.S. Customs and Border Protection (CBP) officer. It can be an airport, seaport or land border crossing. However, it should be a U.S. location. So if you were inspected by U.S. immigration officials in another country, use the location where you actually entered the United States. Generally, you must have a lawful entry. This means that you had valid documentation (i.e. visa, refugee status, etc.) and made face-to-face contact with the CBP officer. However, at some border entries, visitors may be “waved” across while in their cars. This also counts as a lawful entry as long as you had the proper documentation (e.g. Canadian passport).

Your Form I-94 Arrival-Departure Record Number is typically an important part of the application. Most people can find their 11-digit I-94 Arrival-Departure Record and other particulars on the I-94 Website . Asylees, refugees, or applicants who entered through a land border crossing may be provided with a paper-based Form I-94 instead. Mexican and Canadian visitors who entered through a land border crossing generally do not receive an I-94 record. Only certain classes (such as immediate relatives) may adjust status if the “Expiration Date of Authorized Stay” is in the past. For example, the spouse of a U.S. citizen can adjust status after a visa overstay . If you are unsure, use CitizenPath or speak to an immigration attorney before proceeding.

Part 2: Application Type or Filing Category

Check only one box that indicates the Application Type or Filing Category . At this point, you’ll need to understand the basis of your eligibility. Most people adjust status through a family-based category. Determine if you are an immediate relative or family-based preference category . Foreign spouses who entered on a K-1 visa (or their K-2 dependents) would apply in their own category.

The vast majority of applicants do not apply for adjustment based on the Immigration and Nationality Act (INA) section 245(i). You can likely skip this checkbox because it is for certain applicants who entered unlawfully.

If you are filing Form I-485 concurrently with the visa petition, you may skip Information About Your Immigrant Category . On the other hand, you’ll need to provide details about your pending or approved visa petition if it was previously filed. Depending on your application type, the visa petition could be Form I-129F, I-130, I-140, I-360, I-589, I-590 or I-730.

Most people are principal applicants. A derivative applicant is an intending immigrant who cannot be directly petitioned for, but who can acquire the ability to adjust status through the principal applicant. The spouse and/or unmarried child (under the age of 21) of an applicant generally receive the same or similar immigration benefits (green card) as the principal.

Part 3: Additional Information About You

Indicate if you have ever applied for an immigrant visa to obtain permanent resident status at a U.S. embassy or consulate. Be careful. Filing a petition (such as Form I-130) is not the same as applying for an immigrant visa. Generally, applying for an immigrant visa means you filed Form DS-260. If you have ever been refused or denied a visa, understand the reason why and how it may affect your current application. Speak to an immigration attorney if necessary.

According to the I-485 instructions, you should provide five years of Address History and Employment History (inside or outside the United States). Enter complete addresses and relevant dates. Estimate the date to the best of your ability if you cannot remember the exact date. If you need extra space, you’ll need to add the other records to Part 14 Additional Information on the last page. USCIS will use this information to do a background check. Employment is not a requirement for eligibility. Indicate “Unemployed” if you have not worked during any period. However, if you’ve been employed inside the United States, be sure that you were authorized to work. For certain applicants, unauthorized employment is sufficient reason to deny Form I-485.

Part 4: Information About Your Parents

Provide information about your parents. This information will be used for a background check. If the information is unknown or your parent is deceased, you may indicate so.

Part 5: Information About Your Marital History

Most of this section should be self-explanatory. Its importance is elevated if you are applying for permanent residence on the basis of marriage. In particular, you’ll want to provide accurate information about your current and former spouses (if applicable) and provide evidence that any previous marriages have ended.

Part 6: Information About Your Children

Provide details about all of your living children, regardless of age. As per the Form I-485 instructions, children includes biological, step and adopted sons and daughters. Even if your children will not be immigrating, list them here. If they are adjusting status, you will need to file separate applications for each child.

Part 7: Biographic Information

USCIS uses this information for identification and statistical information. As you may have noticed, Hispanic/Latino is provided as a choice for ethnicity, but it is not provided as a choice for race. This is because USCIS (and the U.S. government) do not define Hispanic/Latino as a race. For race, you must choose one or more of the values provided in the list. There is no wrong answer. You may answer the question with the race(s) you most closely identify.

Adjustment applicants with origins from Cuba, Mexico, Puerto Rico, South or Central America, or any other Spanish culture or origin should choose the race(s) that fits best for your situation. Many Hispanic applicants select “white” but others choose “black” or “American Indian.” (You may choose more than one.) There is no one single answer that works for all Hispanic people. The answer is individual to you.

Part 8: General Eligibility and Inadmissibility Grounds

There are a variety of ways that USCIS can find an intending immigrant to be “inadmissible” to the United States. Part 8 covers this topic. The questions are generally associated with the grounds of inadmissibility for permanent residence . Take your time to carefully read each question. Generally, a "Yes" answer is problematic in the section, but there are many valid reasons to answer "Yes" that will not negatively affect your application. Misrepresentation, or lying, can definitely be harmful to your case. If you don't feel that you can be honest, it's a good indicator that you speak to an attorney.

List your present and past membership in or affiliation with all organizations in the United States or any other country. Include any military service. Examples include religious organizations, professional associations, political groups and social clubs. USCIS may evaluate your affiliations with certain organizations that may be illegal or against the general principles of American democracy. Use your best judgement to determine if your involvement with a group or organization conflicts with these principles.

You should answer every question honestly and accurately. If you believe a truthful answer could create a problem on the application or you are unsure of your answer, speak to an immigration attorney before filing Form I-485.

Part 9: Accommodations for Individuals With Disabilities and/or Impairments

USCIS will provide reasonable accommodations for qualified individuals with disabilities and impairments that will help them fully participate in USCIS programs and benefits. Reasonable accommodations will vary based on each individual’s disability or impairment. If you believe that you need USCIS to accommodate your disability and/or impairment, indicate “Yes” where applicable and describe the accommodation you require.

Part 10: Applicant's Statement, Contact Information, Declaration, Certification, and Signature

Indicate if you have prepared Form I-485 on your own or through the assistance of an interpreter and/or preparer. Even if a family member or friend prepared the application, you should indicate here. Provide information so that USCIS can contact you. Although it’s unlikely that USCIS will contact you by phone, they will provide communication by email. After reviewing the application for accuracy, the applicant will sign here. The applicant will only sign in this part.

Part 11: Interpreter's Contact Information, Certification, and Signature

Although speaking English is not a requirement for permanent residence, understanding the application and your I-485 instructions is vital. If you have received assistance from an interpreter, provide the interpreter’s information in this part. The interpreter must also sign this part.

Part 12: Contact Information, Certification, and Signature of Person Preparing this Application, If Other Than the Applicant

Do not fill in this section if you prepared the application yourself. On the hand, provide the preparer’s information if another person – even a non lawyer -- prepared the application for you. The preparer must also sign this part.

Part 13: Signature at Interview

Do not fill in this section or sign it now. The USCIS officer will have you sign it during your interview.

Supporting Documents Checklist

There are typically several forms and supporting documents that you must submit with your adjustment of status application. Although the I-485 instructions cover this information, it can be extraordinarily confusing. That’s why CitizenPath provides customized filing instructions for every applicant. Based on your answers in the adjustment of status application, we personalize your filing instructions so that you know exactly which documents to submit. We even provide cover letter templates and instructions on how to organize your adjustment of status package. Learn more about CitizenPath

How to Gather Civil Records for your U.S. Immigration Application

I-485 filing instructions made even easier.

CitizenPath provides simple, affordable, step-by-step guidance through USCIS immigration applications like Form I-485, Application to Adjust of Status. We'll make the I-485 filing instructions even easier. In fact, if you're preparing Forms I-130, you'll be able to do it simultaneously to make sure everything is consistent.

Individuals, attorneys and non-profits use CitizenPath to prepare immigration forms accurately, avoiding costly delays and denials. CitizenPath allows users to try the service for free and provides a 100% money-back guarantee that USCIS will approve the application or petition. We provide support for the Adjustment of Status Application Package (Form I-485) , Affidavit of Support (Form I-864) , and several other immigration services .

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Visa Availability and Priority Dates

This page will help you understand how the U.S Department of State (DOS) allocates immigrant visas, the DOS Visa Bulletin process, and specific ways to adjust status depending on your situation.

The Immigration and Nationality Act (INA) sets the number of immigrant visas the U.S. Department of State (DOS) can issue to noncitizens seeking to become lawful permanent residents (get a Green Card) each year.

Immigrant visas for immediate relatives of U.S. citizens are unlimited, so they are always available. Immediate relatives include:

• The spouses of U.S. citizens;
• The children (unmarried and under 21 years of age) of U.S. citizens;
• The parents of U.S. citizens at least 21 years old; and
• Widows or widowers of U.S. citizens if the U.S. citizen filed a petition before they died, or if the widow(er) files a petition within two years of the citizen’s death.

Immigrant visas for the family-sponsored and employment-based immigrant preference categories are numerically limited, so they are not always immediately available. For more information, please see the Green Card Eligibility page.

In general, family-sponsored preference visas are limited to 226,000 visas per year, and employment-based preference visas are limited to 140,000 visas per year. (By statute, these annual visa limits may be exceeded when certain immigrant visas from the previous fiscal year’s allocation were not fully used.) Both categories are divided into several sub-categories, each of which receives a certain percentage of the overall visa numbers as prescribed by law. In addition, there are limits to the percentage of visas that can be allotted based on an immigrant’s country of chargeability (usually the country of birth).

When the demand is higher than the supply of visas for a given year in any given category or country, a visa queue (a waiting list or backlog) forms. To distribute the visas among all preference categories, DOS allocates the visas according to a prospective immigrant’s preference category, country of chargeability, and priority date . DOS uses the priority date to determine an immigrant’s place in the visa queue. When the priority date becomes available, or is “current,” immigrants may be able to apply for adjustment of status (or apply for an immigrant visa with DOS if they are outside the U.S.) and obtain lawful permanent resident status, if otherwise eligible.

We will accept Form I-485, Application to Register Permanent Residence or Adjust Status , from family-sponsored and employment-based adjustment of status preference applicants according to the monthly Visa Bulletin that DOS publishes as a guide for issuing visas at U.S. Consulates and Embassies.

The monthly DOS Visa Bulletin summarizes the availability of immigrant visas according to the:

• Application Final Action Dates chart (consistent with previous Visa Bulletins) and
• Dates for Filing Applications chart indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

When we determine there are more immigrant visas available for the fiscal year than there are known applicants, you may use the Dates for Filing Applications chart to determine when to file an adjustment of status application with USCIS. Otherwise, you must use the Application Final Action Dates chart to determine when to file an adjustment of status application with USCIS.

Unless otherwise indicated on our Adjustment of Status Filing Charts for Visa Bulletin webpage, you must use the “Application Final Action Dates” for determining when you can file a Form I-485 with USCIS.

DOS, working with the Department of Homeland Security, revises the Visa Bulletin each month to estimate immigrant visa availability for prospective adjustment of status applicants. If DOS makes any changes to either chart in the Visa Bulletin after publishing it, we will review those changes and determine if any further action is necessary. Check the latest dates for filing adjustment of status applications .

If you are a prospective immigrant, you can find your priority date on Form I-797, Notice of Action , for the petition filed on your behalf. The waiting time before receiving an immigrant visa or adjusting status depends on the :

• Demand for and supply of immigrant visas.
• Per-country visa limitations; and
• Number of visas allocated for your preference category.

For family-sponsored immigrants, the priority date is the date that the Form I-130, Petition for Alien Relative , or in certain instances the Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant , is properly filed with USCIS.

For employment-based immigrants, the priority date depends on the following:

The Visa Bulletin allows you to check your place in the immigrant visa queue. The Visa Bulletin provides the most recent date for when a visa number is available for the different categories and countries for family-sponsored, employment-based, and diversity (lottery) visas.

A visa must be available before you can take one of the final steps in the process of becoming a lawful permanent resident. Because more prospective immigrants want lawful permanent residency than the limited numbers of immigrant visas allow, not everyone can immediately get an immigrant visa. How long you must wait depends on your priority date, preference category, and the country to which the visa will be charged.

If the demand for immigrant visas is more than the supply for a particular category and country of chargeability, DOS considers the category and country “oversubscribed” and must impose a cut-off date to keep the allocation of visas within the statutory limits.

A visa is available to you when your priority date is earlier than the cut-off date shown for your preference category and country of chargeability in the applicable chart in the Visa Bulletin, as described above in the Acceptance of Adjustment of Status Applications section.

For example, if the Visa Bulletin shows a date of 15DEC07 for China in the family preference category (F1), visas are currently available for immigrants who have a priority date earlier than Dec. 15, 2007. Sometimes the demand for immigrant visas is less than the supply in a particular category and country of chargeability. In this situation, the Visa Bulletin shows that category as “C,” meaning that immigrant visas are currently (immediately) available to all qualified adjustment of status applicants and overseas immigrant visa applicants in that particular preference category and country of chargeability.

If the Visa Bulletin shows “U” in a category, this means that immigrant visas are temporarily unavailable to all applicants in that particular preference category and/or country of chargeability.

Sometimes, a priority date that is current one month will not be current the next month, or the cut-off date will move backward to an earlier date. This is called visa retrogression , which occurs when more people apply for a visa in a particular category than there are visas available for that month. Visa retrogression generally occurs when the annual limit for a category or country has been exhausted or is expected to run out soon. When the new fiscal year begins on Oct. 1, a new supply of visa numbers becomes available. Usually, but not always, the new supply returns the cut-off dates to where they were before retrogression. 

In certain instances, you can file your Form I-485 together, or “concurrently,” with the underlying Form I-130 or Form I-140 immigrant petition. You may concurrently file your Form I-485 only when approval of the underlying immigrant petition would make a visa immediately available to you. If you are an immediate relative, you can always concurrently file your Form I-485 application with the underlying Form I-130.

If you are seeking adjustment of status under a family-sponsored or employment-based preference category, you may concurrently file your Form I-485 with Form I-130 or Form I-140 only if:

• Your priority date is earlier than the cut-off date listed in the “Application Final Action Dates” chart in the monthly Visa Bulletin for your preference category and country of chargeability;
• The Visa Bulletin chart indicates “C” instead of a specific cut-off date, meaning that your preference category and country of chargeability is current and that you may file Form I-485 regardless of the priority date; or
• When permitted by USCIS (as described above in “Acceptance of Adjustment Status Applications”), your priority date is earlier than the cut-off date listed in the “Dates for Filing Applications” chart for your preference category and country of chargeability.
• When to File Your Adjustment of Status Application for Family-Based or Employment-Based Preference Visas
• Visa Retrogression

• Immigration

I-485 Application: Requirements for J-1 Visa Waiver and Adjustment of Status

To successfully apply for an i-485 and adjust your status if you have a j-1 visa waiver, you need to meet certain requirements. these requirements include having an approved j-1 waiver and a valid immigration petition. additionally, you must ensure that you are maintaining legal status and are eligible under the specific criteria of the j-1 waiver program..

Key Takeaways:

• The I-485 application is a critical step for J-1 visa holders seeking permanent residency in the US .
• A J-1 visa waiver is necessary to apply for an Adjustment of Status and obtain a Green Card.
• To file the I-485 application, J-1 visa holders must have a J-1 waiver and submit required documentation.

Understanding the I-485 Application for J-1 Visa Holders

If you’re holding a J-1 visa and seeking to become a permanent resident in the United States, the I-485 Application to Register Permanent Residence or Adjust Status is a critical step in your journey. But before diving into the process, it’s essential to understand the specific J-1 visa waiver requirements that apply to your situation.

J-1 Visa Waiver and Adjustment of Status

The J-1 Exchange Visitor Program is designed for individuals to participate in work-and study-based exchange visitor programs. Certain J-1 visa holders are subject to a two-year home-country physical presence requirement, which necessitates returning to their home country for two years after completing their J-1 program. To apply for an Adjustment of Status and obtain a Green Card without fulfilling this requirement, you must first obtain a J-1 visa waiver.

Eligibility Criteria for a J-1 Visa Waiver

To be eligible for a waiver of the two-year home residency requirement, you must fall into one of the following categories:

• Your return would impose exceptional hardship on your U.S. citizen or permanent resident spouse or child.
• You fear persecution based on your race, religion, or political opinions if you return to your home country.
• A designated U.S. government agency has stated that your staying in the U.S. is in the public interest.
• You have received a “No Objection Statement” from your home country’s government.

Obtaining a J-1 waiver should be completed before filing the I-485 application for an Adjustment of Status. The U.S. Department of State’s J-1 Visa Waiver page offers more details on the waiver application process.

Also of Interest:

Indian techie achieves us permanent residency after 3505 days, traveling with a passport after a name change: guidance and steps, filing the i-485 application.

Once you’ve secured a J-1 visa waiver, you are one step closer to filing your I-485 application. Ensure that you:

• Are physically present in the United States.
• Have an immigrant visa immediately available.
• Are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief.

An approved waiver allows you to pursue your Green Card without leaving the U.S., but it’s critical to carefully follow the instructions and provide all required documentation during the I-485 filing process.

Required Documentation for I-485 Applicants

When filing your I-485 application, you must submit:

• Evidence of your J-1 visa waiver approval.
• A copy of your birth certificate.
• Two passport-style photographs.
• Form I-693, Report of Medical Examination and Vaccination Record.
• Forms and documents relating to your admissibility, such as police clearance certificates or court records if applicable.
• Proof of legal entry into the U.S., such as a copy of your passport page with the admission stamp.

You can find a complete checklist and filing instructions on the official USCIS Forms Page.

Transitioning from a J-1 visa holder to a lawful permanent resident entails detailed steps, which include securing a J-1 visa waiver and accurately completing the I-485 application. Taking the time to understand the requirements is essential in ensuring a smooth Adjustment of Status process. For the most accurate and current information, always refer to the official U.S. Citizenship and Immigration Services (USCIS) website .

Navigating immigration policies can be complex, but with due diligence and careful attention to the procedures, your path to permanent residency in the United States can be clear and achievable. Remember to consult with an immigration lawyer if you require personalized legal advice regarding your situation.

So there you have it, folks! The journey from J-1 visa holder to lawful permanent resident may seem daunting, but with our guide, you’ll be shouting “Green Card, here I come!” in no time. Remember, this is just the tip of the iceberg. For more in-depth information and resources, head over to visaverge.com and delve into the fascinating world of visas and immigration. Good luck on your path to U.S. residency!

FAQ’s to know:

FAQ 1: What is a J-1 visa waiver and why is it necessary for the I-485 application?

Answer: A J-1 visa waiver is a requirement for certain J-1 visa holders who wish to apply for an Adjustment of Status through the I-485 application to become a permanent resident in the United States. It allows these individuals to bypass the two-year home residency requirement. Without a J-1 visa waiver, J-1 visa holders must return to their home country for two years after completing their J-1 program before pursuing permanent residency.

FAQ 2: What are the eligibility criteria for obtaining a J-1 visa waiver?

Answer: To be eligible for a J-1 visa waiver, you must meet one of the following criteria: 1. Your return to your home country would cause exceptional hardship to your U.S. citizen or permanent resident spouse or child. 2. You have a well-founded fear of persecution based on your race, religion, or political opinions if you return to your home country. 3. A U.S. government agency has determined that your stay in the U.S. is in the public interest. 4. You have obtained a “No Objection Statement” from your home country’s government.

FAQ 3: What documentation is required for filing the I-485 application after obtaining a J-1 visa waiver?

Answer: When filing the I-485 application, you must include the following documents: 1. Evidence of your J-1 visa waiver approval. 2. A copy of your birth certificate. 3. Two passport-style photographs. 4. Form I-693, Report of Medical Examination and Vaccination Record. 5. Documents related to your admissibility, such as police clearance certificates or court records (if applicable). 6. Proof of legal entry into the U.S., such as a copy of your passport page with the admission stamp.

It is important to ensure that you carefully follow the filing instructions and include all required documentation for a successful I-485 application.

What did you learn? Answer below to know:

• True/False: J-1 visa holders subject to the two-year home-country physical presence requirement can apply for an Adjustment of Status without obtaining a J-1 visa waiver.
• What is one eligibility criterion for obtaining a J-1 visa waiver? a) Exceptional hardship on a U.S. citizen or permanent resident b) Academic achievements during the J-1 program c) Fluency in English d) Financial stability in the home country
• What is one required document when filing the I-485 application for Adjustment of Status? a) Transcripts from the J-1 program b) Proof of employment in the United States c) A copy of the J-1 visa d) Evidence of J-1 visa waiver approval

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