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Green Card - I-485
An application for a person who is in the United States to apply for adjustment
of permanent resident status or register for permanent residence while in the U.S. It may also be used by
certain Cuban nationals to request a change in the date their permanent residence began.
For more details on green card options and submission requirements, contact us at
info@visanow.com.
What Are The Requirements For Applying for Permanent Residence Petition On Form I-485?
You may apply to adjust your status if any of the following apply to you:
- Based on an immigrant
petition if either:
- An immigrant visa number is
immediately available to you based on an approved immigrant petition; or,
- You are filing this application with
a complete relative, special immigrant juvenile, or special immigrant military petition
which if approved, would make an immigrant visa number immediately available to you
- Based on being the spouse or child
of another adjustment applicant or of a person granted permanent residence. You may
apply to adjust status if you are the spouse or child of another adjustment applicant, or
of a lawful permanent resident, if the relationship existed when that person was admitted
as a permanent resident in an immigrant category, which allows derivative status for
spouses and children.
- Based on admission as the
fiancé(e) of a U.S. citizen and subsequent marriage to that citizen. You may apply
to adjust status if you were admitted to the U.S. as the K-1 fiancé(e) of a U.S. citizen
and married that citizen within 90 days of your entry. If you were admitted as the K-2
child of such a fiancé(e), you might apply based on your parent's adjustment application.
- Based on asylum status. You
may apply to adjust status if you have been granted asylum in the U.S. and are eligible
for asylum adjustment [Note: In most cases you become eligible after being physically
present in the U.S. for one year after the grant of asylum if you still qualify as a
refugee or as the spouse or child of refugee.
- Based on Cuban citizenship or
nationality. You may apply to adjust status if:
- You are a native or citizen of Cuba,
were admitted or paroled into the U.S. after January 1, 1959, and thereafter have been
physically present in the U.S. for at least one year; or
- You are the spouse or unmarried child
of a Cuban described above, and you were admitted or paroled after January 1, 1959. and
thereafter have been physically present in the U.S. for at least one year.
- Based on continuous residence
since before January 1, 1972. You may apply for permanent residence if you have
continuously resided in the U.S. since before January 1, 1972.
Persons Who Are Ineligible.
Unless
you are applying for creation of record based on continuous residence since before 1/1/72,
or adjustment of status under a category in which special needs apply such as asylum
adjustment, Cuban adjustment, special immigrant juvenile adjustment, or special immigrant
military personnel adjustment. You are not eligible for adjustment of status if any of
the following apply to you:
- You entered the U.S. in transit
without a visa;
- You entered the U.S. as a
nonimmigrant crewman;
- You were not admitted or paroled
following inspection by an immigration officer;
- Your authorized stay expired before
you filed this application, you were employed in the U.S., prior to filing this
application, without USCIS authorization, or you otherwise failed to maintain your
nonimmigrant status, other than through no fault of your own or for technical reasons;
unless you are applying because you are an immediate relative of a U.S. citizen (parent,
spouse, widow, widower, or unmarried child under 21 years old), a K-1 fiancé(e) or K-2
fiancé(e) dependent who married the U.S. petitioner within 90 days of admission, or an
"H" or "I" special immigrant (foreign medical graduates, international
organization employees or their derivative family members);
- You are or were a J-1 or J-2 exchange
visitor, are subject to the two-year foreign residence requirement, and have not complied
with or been granted a waiver of the requirement;
- You have A, E or G nonimmigrant
status, or have an occupation which would allow you to have this status, unless you
complete Form I-508 (I-508F for French nationals) to waive diplomatic rights, privileges
and immunities, and if you are an A or G nonimmigrant, unless you submit a completed Form
I-566;
- You were admitted to Guam as a
visitor under the Guam visa waiver program;
- You were admitted to the U.S. as a
visitor under the Visa Waiver Pilot Program, unless you are applying because you are an
immediate relative of a U.S. citizen (parent, spouse, widow, widower, or unmarried child
under 21 years old);
- You are already a conditional
permanent resident;
- You were admitted as a K-1
fiancé(e) but did not marry the U.S. citizen who filed the petition for you, or were
admitted as the K-2 child of a fiancé(e) and your parent did not marry the U.S. citizen
who filed the petition.
Note: An I-485
adjustment applicant may apply for employment authorization
with the I-485 application, or after the I-485 application has been filed with USCIS.
If the basis for the I-485 application is employment, there is generally no interview at
your local USCIS office. For most other I-485's application, an interview at your local USCIS
office is required for you to answer questions about the application.
How Long Is The I-485 Valid?
The I-485 permanent residence is valid indefinitely, as long as permanent
residence is not abandoned through absence of six months or longer from the U.S.
Are Dependents Eligible for I-485?
Each person that desires permanent residence must file a separate I-485
application. VISANOW
Since 1998,
VISANOW has redefined the delivery of immigration legal services
submitting thousands of applications for both corporations and non U.S.
citizens.
VISANOW:
-
Delivers Faster Responses
-
Provides Increased Access to Legal Services
-
Saves You Time
To learn how we can help streamline your immigration
process, contact us at
info@visanow.com.
Resources
As immigration is a complex and ever-changing field, current information is essential. VISANOW is a leading provider of information on immigration-related topics, such as regulations, processing times, government agency news and general immigration updates. We accomplish this through a variety of methods, including our monthly newsletter the VISANOW Voice and a variety of online resources.
The VISANOW Voice - VISANOW's newsletter on current immigration issues and related information.
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