Form I-485, Application to Register Permanent Residence or Adjust Status, is the USCIS form you will need to file in order to change your U.S. immigration status to permanent resident status.
If you entered the U.S. as a nonimmigrant and if you meet all the requirements for a green card in one of the following categories, you may be eligible to adjust your status. However, you must have entered the U.S. legally.
- Family relationship (through an approved Form I-130, Petition for Alien Relative)
- Employment (through an approved Form I-140, Immigrant Petition for Alien Worker)
- Fiancé(e) visa (K-1 visa) (through an approved Form I-129F, Petition for Alien Fiancé(e), after you are married to the sponsoring U.S. citizen)
- Asylum or refugee status
- Cuban citizenship/nationality
You must meet all the requirements for permanent resident status in the U.S. to get a green card through adjustment of status. If you belong to one of the eligible categories, you can request to adjust from your nonimmigrant status to that of permanent resident status by filing Form I-485. The above mentioned categories have specific criteria that need to be met to file an application for adjustment of status.
The most important benefit of adjustment of status is that you can get your green card while you are in the U.S. without returning to your home country to complete visa processing. All categories of nonimmigrants may not be eligible for a green card through adjustment of status.
You can complete Form I-485 on your computer or by hand. As always, it is best to consult with a qualified and experienced Santa Ana basedimmigration attorney in order to assess the proper course of action for your own unique situation.
The filing fee for Form I-485 is $1,140.
Making the decision on how to file immigration forms isn’t an easy one, and hiring an attorney who specializes in it can help. For a free consultation to weigh your options, you can contact Ashish Patel.