What is the purpose of form I-485?
Form I-485, Application to Register Permanent Residence or Adjust Status, is used by a person in the United States to apply for lawful permanent resident status. Throughout these Instructions, we will sometimes refer to Form I-485 as an application for adjustment of status or as an adjustment application.
Who may file this form?
The Immigration and Nationality Act (INA) and certain other Federal laws provide many different ways to adjust the status to that of a lawful permanent resident. This is often informally referred to as applying for a “green card.”
The eligibility requirements for adjustment of status may vary depending on the immigrant category you are applying under. For more information on adjustment of status eligibility and discretion, go to the U.S. Citizenship and Immigration Services (USCIS) website at www.uscis.gov/green-card/green-card-processes-and-procedures. Furthermore, you must be physically present in the United States to file this application.
You may apply as the person who directly qualifies for an immigrant category (“principal applicant”) or, in some cases, as a family member of the principal applicant (“derivative applicant”). Whether you are a principal or derivative applicant, you must file your own Form I-485.
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Principal Applicant
The principal applicant is usually the individual named as the beneficiary of an immigrant petition or who is otherwise qualified to adjust status. A principal applicant must designate which immigrant category he or she is applying under by selecting the appropriate box listed on Form I-485, Part 2. Application Type or Filing Category, Item Numbers 1.a. – 1. g.
Each category has specific requirements for adjustment of status. In addition to these Instructions, read the Additional Instructions (found after the Form I-485 Main Instructions) for your immigrant category to determine if any additional requirements apply to you. -
Derivative Applicant
(files based on a principal applicant)
A principal applicant’s spouse and children, who are not beneficiaries of their own immigrant petition, may be eligible to apply for adjustment under the same immigrant category as the principal applicant. These family members are called “derivative applicants.” A derivative applicant must designate which immigrant category he or she is applying under by selecting the appropriate box listed on Form I-485, Part 2. Application Type or Filing Category, Item Numbers 1.a. – 1. g.
Some immigrant categories do not allow for derivative applicants, while a few categories allow additional family members to apply as derivative applicants. See the Additional Instructions for more details.
Under U.S. immigration law, you are a “child” if you are unmarried, under 21 years of age, and meet the definition of “child” found in the INA and USCIS policy guidance. Visit www.uscis.gov/tools/glossary for more information on the definition of “child.” You may still be considered a child for immigration purposes even after turning 21 years of age if you qualify under the provisions of the Child Status Protection Act (CSPA). For more information on CSPA, see
www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act/child-statusprotection-act-cspa. -
Other Immigrant Categories
If you are filing for adjustment of status based on an immigrant category not listed in Part 2., Item Numbers 1.a. – 1.g., select the “Other Eligibility” box in Item Number 1.g. and type or print the immigrant category you are applying under. These immigrant categories include but are not limited to
- Special immigrants not listed in Part 2., Item Number 1.c. (for example, certain U.S. armed forces members, Panama Canal Zone employees, and physicians);
- Polish or Hungarian parolee;
- Private immigration bill signed into law; and
- Registration of lawful permanent resident status based on a presumption of lawful admission.
If you would like more information on how to file under any of these categories, call the National Customer Service Center at 1-800-375-5283. For TTY (deaf or hard of hearing) call: 1-800-767-1833 or visit www.uscis.gov/green-card/ other-ways-get-green-card.
Who may be eligible to adjust your status?
Bars to Adjustment of Status
You are generally ineligible for adjustment of status if one or more adjustment bars in INA sections 245(a), (c), (d), and/or (e) apply to you. However, adjustment bars do not apply to every type of immigrant category, and your category might exempt you from certain adjustment bars. For example, certain adjustment bars do not apply to immediate relatives of U.S. citizens, Violence Against Women Act (VAWA)-based applicants, or certain special immigrants. In addition, some employment-based applicants might be eligible for an exemption to some adjustment bars. For more information, visit https://www.uscis.gov/forms/explore-my-options/green-card-eligibility.
Exception Under INA section 245(i)
You may be able to adjust status under INA section 245(i) even if you are subject to one or more adjustment bars and are therefore ineligible for adjustment of status under INA section 245(a). See separate instructions for adjusting status under INA section 245(i), titled “Instructions for Supplement A to Form I-485, Adjustment of Status Under Section 245(i).”
INA section 245(i) is not an immigrant category by itself. In order to adjust your status using INA section 245(i), you must be eligible for an immigrant visa under a family-based, employment-based, special immigrant, or Diversity Visa category. You must select one of the immigrant categories listed in Part 2., Item Numbers 1.a. – 1.g. as the basis for your application for adjustment of status. See the Additional Instructions for more information on your specific immigrant category.
Grounds of Inadmissibility
Immigration laws specify acts, conditions, and conduct that can make foreign nationals ineligible for lawful permanent resident status. These acts, conditions, and conduct are outlined in INA section 212(a) and are called grounds of inadmissibility. For more information, visit https://www.uscis.gov/forms/explore-my-options/green-card-eligibility.
You are inadmissible to the United States and may not adjust your status to a lawful permanent resident if you fall under one or more of the grounds of inadmissibility that apply to your immigrant category. Depending on your immigrant category, some grounds may not apply to you.
If you are inadmissible, you may be eligible for a waiver of the ground of inadmissibility or another form of relief. If your waiver application or other forms of relief is granted, your application to adjust your status may be approved.
Exchange Visitors
If you are or were a J-1 or J-2 nonimmigrant exchange visitor and are subject to the 2-year foreign residence requirement of INA section 212(e), you may not apply to adjust status unless you have complied with the foreign residence requirement, have been granted a waiver of that requirement, or were issued a favorable waiver recommendation letter from U.S. Department of State (DOS).
Certain A, G, and E Nonimmigrants
If you have A, G, or E nonimmigrant status, or an occupation that would entitle you to such status, and as a result hold certain diplomatic rights, privileges, exemptions, and immunities, you are ineligible for adjustment of status unless you submit a waiver of those rights, privileges, exemptions, and immunities.
When Should I File Form I-485?
Principal Applicant
In general, if you are filing as a beneficiary of an immigrant visa petition (such as Form I-130, Form I-140, or Form I-360), you may file an adjustment application only after USCIS has approved your petition and an immigrant visa number is immediately available. There are, however, some immigrant categories that allow you to file Form I-485 before USCIS approves your petition (this is known as “concurrent filing”), provided that approval of the petition would make a visa number immediately available and you meet all other filing requirements. See the Additional Instructions for category-specific information on when you may file Form I-485.
Visit the USCIS website at
www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availabilitypriority-dates for information on visa availability and priority dates, and the DOS website at www.travel.state.gov/content/visas/en/law-and-policy/bulletin.html to view the Visa Bulletin.
More information about concurrent filing is available at www.uscis.gov/green-card/green-card-processes-and-procedures/ concurrent-filing and in the instructions for Forms I-130, I-140, and I-360.
Derivative Adjustment Applicant
With the exception of U nonimmigrants, asylees, and refugees, USCIS cannot approve your Form I-485 as a derivative applicant until the principal applicant has been granted lawful permanent resident status.
If you are currently the spouse or child (unmarried and under 21 years of age) of a principal applicant, you may file Form I-485 if an immigrant visa is immediately available to you and you meet all the filing requirements. You may file at any of the following times:
- At the same time, the principal applicant files Form I-485;
- After the principal applicant filed a Form I-485 that remains pending a final decision by USCIS;
- After USCIS approves the principal applicant’s Form I-485, if the principal applicant is still a lawful permanent resident and if, at the time of the principal applicant’s Form I-485 approval, you were the principal applicant’s spouse or child; or
- After the principal applicant obtained an immigrant visa and entered the United States as a lawful permanent resident, if the principal applicant is still a lawful permanent resident and, at the time of the principal applicant’s entry, you were the principal applicant’s spouse or child.
Checklist of Required Initial Evidence for Immediate Relatives and Family-Based Preference Form I-485 Applicants
Checklist for Immediate Relatives
You must provide the following:
- Two passport-style photographs;
- A copy of your government-issued identity document with photograph;
- A copy of your birth certificate. If it is unavailable or does not exist, submit other acceptable evidence of birth such as a church, school, or medical records, and proof of unavailability or nonexistence;
- Inspection and admission, or inspection and parole documentation (unless applying for adjustment under INA 245(i)). For more information and examples, please see the form instructions;
- Documentation of the immigrant category, such as a copy of Form I-797, Approval or Receipt Notice, for the Form I-130 filed on your behalf (unless you are filing your Form I-485 with the Form I-130 filed on your behalf);
- Form I-864, Affidavit of Support (if required);
- Certified police and court records of all criminal charges, arrests, or convictions regardless of final disposition (if applicable);
- Form I-601, Application for Waiver of Grounds of Inadmissibility (if applicable);
- Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal (if applicable);
- Documentation regarding J-1 and J-2 exchange visitor status (Form I-612, if applicable);
- Form I-508, Waiver of Diplomatic Rights, Privileges, Exemptions, and Immunities (if applicable);
- Form I-566, Interagency Record of Request – A, G, or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G, or NATO Status (only if you have A, G, or NATO nonimmigrant status); and
- Form I-485 Supplement A, Adjustment of Status Under Section 245(i) (Supplement A) (if applicable).
Family Members: If you are the spouse or child of a U.S. citizen’s immediate relative, you must independently qualify for adjustment of status and file your own application. You cannot qualify for adjustment of status as the derivative beneficiary based on the immediate relative’s application.
Checklist for Family Preference Immigrants
If you are a principal applicant, you must provide the following:
- Everything listed above for immediate relatives; and
- Proof that you have continuously maintained a lawful status since arriving in the United States.
If you are the spouse or unmarried child under 21 years of age of a family-based principal applicant, you must provide the following:
- Everything listed above for immediate relatives;
- Proof you have continuously maintained a lawful status since arriving in the United States;
- A copy of documentation showing your relationships to the principal applicant, such as a marriage certificate, birth certificate, or adoption decree. If your marriage certificate is unavailable or does not exist, submit other acceptable evidence such as church records and proof of unavailability or nonexistence;
- A copy of the Form I-797, Approval or Receipt Notice, for the principal applicant’s Form I 130 (unless you are filing your Form I-485 together with the principal applicant’s Form I 485); and
- A copy of the Form I-797, Approval or Receipt Notice, for the principal applicant’s Form I 485 or a copy of the principal applicant’s Green Card (if not filing together with the principal applicant’s Form I-485).
Checklist of Required Initial Evidence for Employment-Based Form I-485 Applicants
Checklist for Principal Applicants
Did you provide the following?
- Two passport-style photographs;
- A copy of a government-issued identity document with a photograph;
- A copy of your birth certificate. If it is unavailable or does not exist, provide other acceptable evidence of birth such as a church, school, or medical records, and proof of unavailability or nonexistence, if applicable;
- Inspection and admission, or inspection and parole documentation (unless applying for adjustment under INA 245(i)). For more information or examples, please refer to the form instructions;
- Documentation of immigrant category, such as a copy of Form I-797, Approval or Receipt Notice, for the immigrant petition (unless you are filing your Form I-485 with the petition, such as Form I-140);
- Evidence you continually maintained a lawful status since arriving in the United States (or that you are exempt under 245(k) from the INA 245(c)(2), (7) and (8) bars);
- Confirmation of job offer (on Form I-485 Supplement J, if applicable);
- A signed statement confirming you intend to work in the occupational field specified in the Form I-140 if you are a self-petitioner;
- Form I-864, Affidavit of Support (if required);
- Certified police and court records of all criminal charges, arrests, or convictions regardless of final disposition (if applicable);
- Form I-601, Waiver of Inadmissibility (if applicable);
- Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal (if applicable);
- Documentation regarding J-1 and J-2 exchange visitor status (Form I-612, if applicable);
- Form I-508, Waiver of Diplomatic Rights, Privileges, Exemptions, and Immunities;
- Form I-566, Interagency Record of Request – A, G, or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G, or NATO Status (only if you have A, G, or NATO nonimmigrant status); and
- Form I-485 Supplement A (if applicable).
Checklist for Derivative Applicants:
You must provide the following:
- Items listed above for principal applicants (except Supplement J or signed statement for self-petitioners);
- A copy of your marriage certificate to the principal applicant or proof of relationship as a child to the principal applicant. If you are a spouse of the principal applicant and your marriage certificate is unavailable or does not exist, evidence demonstrating its unavailability/nonexistence and other acceptable evidence of marriage (such as church records);
- Evidence you terminated your previous marriage (if applicable);
- Documentation of the principal applicant’s immigrant category (unless you are filing your Form I-485 together with the principal applicant’s Form I-485); and
- Documentation of the principal applicant’s Form I-485 or copy of the principal applicant’s Green Card (if not filing together with the principal applicant’s Form I-485).
Checklist of Required Initial Evidence for Special Immigrant Juveniles:
You must provide the following:
- Two passport-style photographs;
- A copy of a government-issued photo identity document (if available);
- A copy of your birth certificate;
- Documentation of your immigrant category (concurrently filed, pending, or approved Form I-360);
- Disposition on criminal charges, arrests, or convictions, if available. If not available, please see the form instructions for further guidance;
- Form I-601, Waiver of Inadmissibility (if applicable);
- Documentation regarding J-1 and J-2 exchange visitor status (if applicable); and
- Form I-508, Waiver of Diplomatic Rights, Privileges, Exemptions, and Immunities (if applicable).
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