Frequently Asked Questions of I-485 Adjustment of Status
What is Form I-485 for?
Form I-485 is the application for adjusting immigration status. Foreign nationals who are in the U.S. with certain types of temporary visas, and wish to change to a different visa classification, can file I-485 for change of nonimmigrant status.
Who can file Form I-485?
Usually, people who have an approved immigrant petition (I-140 or I-130) and have a current priority date can file I-485. In some cases, I-485 can be filed concurrently with I-140 or I-130, if the immigrant visa numbers are available.
What documents are needed for I-485 filing?
The following documents are generally required for filing an I-485 application:
Completed and signed Form I-485;
Copy of the approval notice of the immigrant petition (if applicable);
Two color photos;
Copy of birth certificate;
Copy of passport;
Copy of I-94;
Medical examination report (Form I-693) in a sealed envelope;
G-325A (Biographic Information);
Filing fee.
Depending on the category of adjustment, additional documents may be required.
Do I need to take a medical examination?
Yes. All applicants for adjustment of status are required to have a medical examination. The medical examination must be conducted by a civil surgeon who has been designated by the USCIS.
Can I work while my I-485 is pending?
You can apply for an Employment Authorization Document (EAD) along with your I-485 application. Once the EAD is approved, you are authorized to work in the U.S. while your I-485 is pending.
Can I travel outside the U.S. while my I-485 is pending?
You can apply for Advance Parole (AP) along with your I-485. Once the AP is approved, you can travel abroad and re-enter the U.S. without abandoning your I-485 application. However, if you have a valid H or L visa, you may be able to travel without an AP.
Do I need to be fingerprinted?
Yes. After you file your I-485, the USCIS will send you a notice scheduling an appointment for fingerprinting at an Application Support Center.
Will I be interviewed?
The USCIS may waive the interview for employment-based adjustment of status applicants. However, you may be called for an interview if the USCIS decides that an interview is necessary in your case.
How long does it take to process an I-485 application?
The processing time varies depending on the USCIS service center and the background check process. It can take anywhere from several months to a few years.
Can I check the status of my application?
Yes. You can check the status of your application online on the USCIS website using your receipt number.
What if I change jobs while my I-485 is pending?
Under AC21, if your I-485 has been pending for more than 180 days, and your I-140 is approved (or was approvable when filed), you can change jobs to a "same or similar" occupational classification without affecting your I-485 application.
What if I want to go back to my own country when my I-485 is pending? Can I adjust my status at my home country after filing I-485?
Yes. If you decide that you would now prefer to visa process abroad after the adjustment application is filed, you will need to take further steps in order to have your case processed abroad. Specifically, you must file Form I-824 with the USCIS office that approved the initial petition to request that the consulate be notified of the petition approval.
What if my application gets denied? Can I appeal the USCIS's decision?
When a decision is made to deny an application for adjustment of status, the applicant must be provided with a written decision setting forth the reasons for the denial. If your nonimmigrant visa is still valid, you may continue to stay in the U.S. based on the unexpired nonimmigrant visa. Otherwise, you may face deportation after the denial of I-485 application. No appeal can be taken from the denial of an application by the USCIS. However, you may present a Motion to Reopen and Reconsider to the USCIS office based upon an argument of law or upon supplementary factual information that was not available at the time that the decision was made and that has a bearing on the reasons for the denial.