Adjusting to United States Permanent Resident - Form I-485 Application

1. Obtaining Green Card through Family-sponsored Immigration

When a foreign national marries a U.S. citizen, he or she is considered as an immediate relative of the U.S. citizen. There are no numerical limitations to this family-based category, and the foreign national in the U.S. can file an immigrant application for permanent residence simultaneously with USCIS once the marriage has taken place. The applicant will be required to demonstrate to USCIS that the marriage was entered into good faith and not solely for the purpose of securing immigration benefits for the foreign national. 

A lawful permanent resident is a foreign national who has been granted the privilege of permanently living and working in the United States. If a foreign spouse wants to become a lawful permanent resident based on the fact that he or she married a citizen of the United States, the USCIS will approve an immigrant visa petition, Form I-130 - Petition for Alien Relative. This petition is filed by the U.S. citizen spouse and must be accompanied by proof of the marriage relationship. 

The close family members of a U.S. citizen can qualify to immigrate to the United States, but they are subject to a numerical limit of immigrant visas available to them each year. Generally, the higher the preference, the quicker the alien will be eligible to receive a Green Card. The relatives in categories must wait for a visa to become available according to the following preferences:

• First preference: Unmarried Children over 21 year of age of U.S. Citizens (23,400 per year, plus unused visas from the Fourth Preference);

• Second Preference: Spouses and unmarried children (regardless of age) of U.S. permanent residents (114,000 per year, plus unused visas from the First Preference);

• Third Preference: Married sons and daughters of U.S. citizens, including their spouses and their minor children. (23,400 per year, plus unused visas from the First and Second Preferences);

• Fourth Preference: Brothers and sisters of U.S. citizens, including their spouses and their minor children. (65,000 per year, plus unused visas from the First, Second, and Third Preferences).

2. The Form I-485 Application - Adjustment of Status 

The Form I-485 application, adjustment of status, is conducted by the Bureau of Citizenship and Immigration Service (USCIS) in the United States. An adjustment of status application is filed by a beneficiary of an approved immigrant visa petition. The adjustment applications are filed after the receipt of an immigrant visa approval notice from the USCIS. 

After your I-130 approval, the Form I-485 is used to apply for adjusting to a permanent resident. For I-485 application, you need to check if the visa number is available (or quota is current) for your category. Otherwise, you still need to wait for the visa number. You may apply to adjust your status if an immigrant visa number is immediately available to you, based on an approved I-130 Form.

Upon receipt of the I-485 adjustment approval notice, the adjustment applicant may obtain a stamp in his/her passport saying "Processed for I-551. Temporary evidence of lawful admission for permanent residence... employment authorized." This stamp indicates a permanent resident status and is the equivalent of a Green Card. The stamp is usually valid for one year and confers all the benefits of a permanent resident status, including the unlimited work authorization and the travel flexibility. During the validity of this stamp, the USCIS manufactures and mails a real "Green Card" to the beneficiary.

3. The I-485 Application Process and Fees

The I-485 adjustment process involves the investigation of an individual's identity, health, criminal background, and the ability to support him or herself in the United States. The family-based adjustment applications are filed at a USCIS district office. The interviews are usually required at the discretion of the USCIS. The interviews will be required for adjustment applicants who have failed to maintain a legal nonimmigrant status. 

These is a Form I-485 filing fee for anyone 14 years of age or over. For applicants under the age 14, the fee is reduced. Except the spouses of U.S. citizens, any adjustment applicant who has failed to maintain a legal status may only adjust to the permanent resident by a payment of an additional penalty fee and if a permanent resident application was started before April 30, 2001. 

In addition to the filing fee for the I-1485 adjustment application, there is a fingerprinting fee (or biometrics services fee) charge for this procedure. The fingerprinting fee must be paid at the time of filing the I-485 adjustment application, before the completion of the fingerprinting.