Applying for Permanent Residency with I-485 Form

Having a green card is essential if living in the United States. As a green card holder, you are a legal permanent resident of the United States and can therefore have many of the rights U.S. citizens have: You are protected by all laws of the U.S. and can work at any job of your choosing. You can also attend an institution of higher education and receive federal aid. This is why it is important to adjust your status as quickly as possible.

What is Form I-485 for?

People who are residing in the U.S. use Form I-485 to adjust their status to permanent resident or register for permanent residence. Upon an approved immigrant petition, an immigrant visa number is assigned to you, and you can apply using this information. Petitions include relative petitions, special immigrant juvenile petitions, and or immigrant military petitions. You can also adjust your status using Form I-485 if you entered the country as the fiancée of a U.S. citizen and you married within 90 days of arrival.

People who belong to the following categories can apply using Form I-485 and are for the most part automatically eligible for permanent residency:

• Those who have been granted asylum status
• Those who have been granted refugee status
• Those with Cuban citizenship and nationality
• Those who have lived in the U.S. since before January 1, 1972

What Makes You Ineligible to Adjust Your Status with Form I-485?

• Entered the country without a U.S. visa
• Authorized stay in the U.S. has expired
• Did not maintain nonimmigrant status
• Are required to fulfill 2-year foreign residence in the home country due to J-1 or J-2 exchange visitor status
• Worked in the U.S. as an undocumented worker
• Entered as a nonimmigrant crewman
• Not admitted or paroled after an immigration inspection
• Admitted to the U.S. through the visa waiver program, unless an immediate relative of U.S. citizen
• Admitted to Guam as a visitor through the visa waiver program

Filling Form I-485

There is a long list of instructions that must be followed in order to file Form I-485 correctly. If you apply with us, we’ll make sure those instructions are met, in addition to making sure you are in fact eligible for an adjustment of status.

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