What is Form I-485? Known as the Application to Register Permanent Residence or Adjust Status, I-485 is an immigration form used by individuals in the United States to request a change in their immigration status from temporary to permanent. Getting permanent status is also known as getting a Green Card. An Adjustment Of Status is a term used by the United States Citizenship and Immigration Services (USCIS) to describe a change in immigration status. There are many different statuses: Student, temporary visitor, and tourist are some examples of immigration statuses where the individual is not allowed to permanently live and work in the United State. Form I-485, the Application to Register Permanent Residence or Adjust Status, is only for certain individuals who are attempting to change their status from temporary to permanent.
Eligibility for Lawful Permanent Residence
Not every immigrant is eligible to apply for a Green Card or to submit the Application to Register Permanent Residence using Form I-485; only a limited number of people have this opportunity. To be eligible to apply for a green card, they must be able to apply for the change in status while living in the United States and without leaving to return home for a consular interview. They must also meet one of the following eligibility requirements.
I-485 Eligibility Requirements
- Family relationship approved through Form I-130,
- K-1 Visa holder (This person marries a U.S. citizen and is approved via Form I-129F petition),
- Employment approved through Form I-140 petition,
- Cuban citizen, or
- Refugee or Asylum status
Here is some additional information from the USCIS website about who may file Form I-485:
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.
1. Principal Applicant forI-485
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.
2. Derivative Applicant (files based on a principal applicant) forI-485
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-status- protection-act-cspa.
3. 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 residence status based on a presumption of lawful admission.
An experienced immigration attorney can help you understand if you meet the criteria to apply for an adjustment to permanent status. For this and other immigration matters, we can’t stress enough the value of hiring someone with experience in this area of law. There are plenty of great lawyers in Atlanta for all types of cases, but not all share immigration experience.
Ineligibility for Lawful Permanent Residence
The rules determining who may not apply are complex. The United States Citizenship and Immigration Services – USCIS – explains their general guidelines as follows:
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 www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-status.
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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 www.uscis.gov/green-card/green-card-processes-and-procedures/green- card-eligibility.
You are inadmissible to the United States and may not adjust 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 form of relief is granted, your application to adjust status may be approved.
