Filing adjustment of status, application forms I-485
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Wondering how to start the process of immigrating to the United States? If you are abroad, you need to go through consular processing at the embassy in your country. If you are already in the US and are eligible to apply for a green card based on being sponsored by an employer or family member or based on holding asylee or refugee status, you can file an Application to Adjust Status to Permanent Resident using Forms I 485.
Who can apply for adjustment of immigration status?
You will be eligible to file an application to adjust status to a permanent resident of the US if you are in the U.S. and have an approved immigrant petition. Adjustment of status is simply the process by which a foreign national applies for a green card from inside the U.S. Unless you are applying in a category for which visa numbers are always available, you must have a "current" Priority Date in order to be eligible to file. Priority date is the date you filed the immigrant petition. If you are applying based on your relationship with a U.S. citizen spouse, the parent or child may be eligible to file the application to adjust status to a permanent resident at the same time that the immigrant petition is submitted.
You may also be eligible to file to adjust status to a permanent resident if you are an individual who held asylee or refugee status for one year or more. However, if you are outside the U.S., you will not be eligible to file to adjust status to a permanent resident. In such cases, you can get a green card status by applying for an immigrant visa at a U.S. consulate in your country. You can also file Forms I 485 if you are a Cuban national requesting a change in the date your permanent residence began in the US.
The process :
You need to file Forms I 485 for green card with the needed supporting documents and fees with the USCIS. If you are 79 years of age or older, you will not be charged a biometric fee. If you are filing Forms I 485 on the basis of being admitted to the United States as a refugee, then you need not pay any fee. After processing, if your I 485 for green card application is denied, USCIS will send you a letter that will tell you why the application was denied. If you are not in a legal status in the US, the process to remove you from the country will begin as soon as your application is denied. In such a case, you can have an immigration judge review the denial of your application during removal proceedings. During this review, immigration officials should prove that the facts on your I 485 application were untruthful and that your application was rightly denied. After this, if the judge decides to remove you from the country, you can still appeal this decision. You can appeal within 33 days after the immigration judge decided to remove you from the country. The appeal will then be referred to the Board of Immigration Appeals once your appeal form and the required fees are processed.
