Form I-485: How to Apply for a Green Card

If you are already in the United States and want to become a lawful permanent resident (LPR) or green card holder, you may be eligible to file Form I-485, Application to Register Permanent Residence or Adjust Status.

This process is also known as adjustment of status. So let’s dive into what Form I-485 is, how much it costs, what the requirements are, what the medical examination involves, and how long this whole process takes.

What is Form I-485?

Form I-485 is the official green card application form. It allows certain immigrants who are in the United States, such as family members of U.S. citizens, refugees, asylees, and employment-based immigrants, to change their immigration status to LPR without leaving the country. Form I-485 is usually filed together with Form I-130, Petition for Alien Relative, or Form I-140, Immigrant Petition for Alien Worker, depending on the basis of your eligibility. You can download a copy of Form I-485 from the USCIS website1. 

How much does Form I-485 cost?

The filing fee for Form I-485 varies depending on your age and certain other factors. As of early 2024, the fee for most applicants is $1,140, plus $85 for the biometrics fee (fingerprinting). However, there are some exceptions, such as:

• For children who are under the age of 14 and who are filing with at least one parent, the fee is only $750.
• For applicants who are 79 years or older, there is no biometrics fee.
• For applicants who are filing based on having been admitted to the United States as a refugee, there is no fee at all.

You can check the current filing fees on the USCIS website2. You can pay the fee by check, money order, or credit card. If you cannot afford the fee, you may request a fee waiver by filing Form I-912, Request for Fee Waiver, along with your Form I-485.

There is a major caveat to the above listed fees, the 2023 fee rule, DHS proposed to replace the 2020 fee rule in its entirety, with the new fee schedule representing a 40% overall weighted average increase. The agency justifies these increases by claiming they will be able to fully fund operations and improve services. This new pricing is set to take place sometime in the first two quarters of 2024. The I-485 will jump from $1,225 ($1,140 application fee + $85 biometrics fee) to a total of $2,820, a whopping 130% increase in fees. The final ruling for the 2023 fee rule, was ruled in December 2023, and the Final proposed rule was submitted to the Biden Administration on January 8, 2024, so we do expect it to be effective sometime in the next 60-90 days.

What are the requirements for Form I-485?

To be eligible to file Form I-485, you must meet the following requirements:

• You must be physically present in the United States.
• You must have an approved or pending immigrant petition, such as Form I-130 or Form I-140, or qualify for another immigrant category, such as refugee, asylee, or special immigrant juvenile.
• You must have a visa number available, unless you are exempt from the visa quota system. You can check the visa availability on the Department of State’s Visa Bulletin.
• You must be admissible to the United States, meaning that you do not have any grounds of inadmissibility, such as criminal convictions, health issues, or immigration violations. Some grounds of inadmissibility may be waived by filing Form I-601, Application for Waiver of Grounds of Inadmissibility, or Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal.

When you file Form I-485, you must submit the following documents as evidence of your eligibility:

• Two passport-style photos
• A copy of your government-issued photo ID, such as a passport or driver’s license
• A copy of your birth certificate
• A copy of your admission or parole document, such as your I-94 Arrival/Departure Record or your refugee travel document
• A copy of your receipt notice or approval notice for your immigrant petition, such as Form I-797, Notice of Action
• A copy of your Form I-693, Report of Medical Examination and Vaccination Record, completed by a USCIS-designated civil surgeon
• A copy of your Form I-864, Affidavit of Support, if you are applying based on a family relationship
• Any other documents that support your eligibility, such as marriage certificate, divorce decree, police clearance, or court records
  
  

You can find a detailed checklist of the required documents on the USCIS website3.

If you, the petitioner is a legal permanent resident (LPR) trying to adjust the status of their immediate family (parents, children, or spouse) then you will have to wait until your I-130 is approved and there is a visa available for the beneficiary. A visa will be available once your priority date matches to that of the date on the Visa Bulletin. To find out more about the Visa Bulletin, google Visa Bulletin + month and year to get the most up to date processing times. If you are an LPR, you do not file your I-130 and your I-485 at the same time, you have to wait until the I-130 is approved then file the I-485. 

If you, the petitioner is a United States Citizen (USC) then the visa will be available immediately and you are able to do a one-step process, meaning you can file the I-130 and the I-485 at the same time.

What is the medical examination for Form I-485?

The medical examination for Form I-485 is a mandatory part of the adjustment of status process. It is designed to ensure that you do not have any health conditions that would make you inadmissible to the United States on public health grounds. The medical examination consists of the following components:

• A physical examination, including a review of your medical history, vital signs, and physical appearance
• A mental evaluation, including a screening for mental disorders, substance abuse, and violent behavior
• A screening for communicable diseases, such as tuberculosis, syphilis, and gonorrhea
• A vaccination record, showing that you have received the required vaccines, such as measles, mumps, rubella, polio, and influenza

The medical examination must be performed by a USCIS-designated civil surgeon, who is a licensed physician authorized by USCIS to conduct immigration medical exams. You can find a list of civil surgeons near you on the USCIS website4. You are responsible for paying the fee for the medical examination, which may vary depending on the civil surgeon and the tests required.

You must bring the following items to your medical examination appointment:

• A valid government-issued photo ID, such as a passport or driver’s license
• A copy of your Form I-693, Report of Medical Examination and Vaccination Record, which you can download from the USCIS website4
• Your vaccination records, if you have any
• Any medical records that relate to your health condition, such as prescriptions, test results, or treatment plans

The civil surgeon will complete the Form I-693 and seal it in an envelope. You must not open the envelope. You must submit the sealed envelope along with your Form I-485, or bring it to your interview, if you have one.

How long does it take to process Form I-485?

The processing time for Form I-485 depends on several factors, such as the type of application, the category of eligibility, the location of the USCIS office, and the volume of applications. According to the USCIS data in 2023, the average processing time for Form I-485 ranged from 12.5 to 20.5 months based on the category of adjustment and location of USCIS field office5. However, these times may change due to various circumstances, such as policy changes, staff shortages, or emergencies.

You can check the current processing times for your specific case on the USCIS website5 by entering your form number, form category, and the office that is processing your case. You can find this information on your receipt notice, which is the confirmation letter that USCIS sends you after receiving your application. You can also check the status of your case online by entering your receipt number on the USCIS website.

If your case is outside the normal processing time, you can inquire about it by submitting an online request on the USCIS website. You can also contact the USCIS Contact Center by calling 1-800-375-5283 or using the online chat feature on the USCIS website.

Conclusion

Form I-485 is the official green card application form for immigrants who are already in the United States and want to adjust their status to lawful permanent residents. The process involves filing the form, paying the fee, submitting the required documents, undergoing the medical examination, and waiting for the decision. The process may take from several months to over a year, depending on various factors. If you need help with your Form I-485, you can consult an immigration attorney or an accredited representative, who can guide you through the process and represent you before USCIS. You can also use online resources, such as the USCIS website1, to find more information and tips on how to complete your Form I-485 successfully. 

If you have an immigration case or would like legal advice, schedule a consultation with me today here or call at 469-465-2344!