123ArticleOnline Logo
Welcome to 123ArticleOnline.com!
ALL >> Legal >> View Article

Who Can File Form I 485?

Profile Picture
By Author: Paul Anderson
Total Articles: 91
Comment this article
Facebook ShareTwitter ShareGoogle+ ShareTwitter Share

The immigration process to the US differs depending on your current place of stay. If you are outside the US, you have to go through consular processing at the embassy in your country. If you are already in the US and eligible to apply for a green card (through sponsorship by an employer or family member or based on holding asylee or refugee status), you can file an Application to Adjust Status to Permanent Resident through Form I 485.

If you are in the US and have an approved immigrant petition, you will be eligible to file an application to adjust status to a permanent resident (green card holder) of the US. In a layman's words, adjustment of status is the process by which a foreign national applies for a green card while being in the US. It is important that you have a “current” priority date in order to qualify, unless you are applying in a category for which visa numbers are always available. Priority date is the date you filed the immigrant petition. If you are applying based on being married to a US citizen spouse, ...
... the parent or child may qualify to file the application to adjust status to a permanent resident at the same time your immigrant petition is submitted.

Are you an individual who held asylee or refugee status for one year or more? If so, you may also be eligible to file to adjust status to a permanent resident. However, if you are outside the US, you cannot file to adjust status. Under such circumstances, you can apply for an immigrant visa at a US consulate in your country. Cuban nationals requesting a change in the date their permanent residence began in the US may also file Form I 485.

Form I 485 Process

You really need to know the ropes when it comes to filing immigration petitions/applications as it might be sophisticated at times. You have to file Form I 485 with the needed supporting documents and fees with the local USCIS office. If you are 79 years of age or older or under 14 years, you will not be charged a biometric fee. If you are filing this form based on being admitted to the US as a refugee, then you need not pay any fee.

Once you have submitted your application with the required supporting documents and fee, the USCIS will start the processing. After processing, if your application is approved, you have to make an appointment to get your passport stamped through INFOPASS. You can use this stamp as temporary proof that you are a permanent resident until your physical card (the green card) arrives. You can use this to travel outside of the US.

If your application is rejected, USCIS will send you a letter that will have the details as to why the application was denied. If you are not in a legal status in the US, the process to remove you from the country will begin as soon as your application is denied.

In such a case, you can have an immigration judge review the denial of your Form I 485 during removal proceedings. During this review, immigration officials have to prove that the information on your application was untruthful and that your application was rightly denied. Even after this, if the judge decides to remove you from the country, you can still appeal this decision. You can appeal within 33 days after the immigration judge passed the judgment. The appeal will then be referred to the Board of Immigration Appeals once your appeal form and the required fees are processed.

Total Views: 244Word Count: 622See All articles From Author

Add Comment

Legal Articles

1. Safeguard Your Child's Future With Top Legal Representation In Delhi
Author: Nidhi Rajoura

2. How To Choose The Best Fingerprinting Agency In Edmonton
Author: Hardik Shah

3. Best Corporate Lawyers In Delhi: Navigating Business Success With Expert Legal Guidance
Author: Advocate Rahul Bhardwaj

4. Key Considerations In Uk Commercial Transactions: Legal Perspectives For Business Owners
Author: Rainer Hughes

5. How An Ri Divorce Lawyer Can Simplify Your Separation Process
Author: Law Office of John R. Grasso

6. How To Handle A Slip And Fall Case In Minnesota: A Comprehensive Guide Of Hiring A Lawyer
Author: sussmanlaw

7. Uk Spouse Visa Processing Time: Updated
Author: The SmartMove2UK

8. How A Minnesota Dog Bite Accident Attorney Can Help You Seek Justice
Author: sussmanlaw

9. Legal Remedies For Cyber Crime In India – Advocate Deepak
Author: Advocate Deepak

10. Legal Remedies For Cyber Crime: Advocate Deepak's Expertise
Author: Advocate Deepak

11. Mitigating Consequences For First-time Offenders: Defense Lawyers On Keeping Records Clean
Author: glennrroderman

12. The Benefits Of Hiring A Collective Bargaining Attorney In Nyc
Author: indexblogger

13. Interview Waiver For Us Visa Renewal - Everything You Need To Know
Author: Hardik Shah

14. Dui Lawyer Dinwidde Va
Author: Dui Lawyer Dinwidde VA

15. The Evolution Of Content Marketing For Law Firms: Trends And Innovations
Author: jamewilliams

Login To Account
Login Email:
Password:
Forgot Password?
New User?
Sign Up Newsletter
Email Address: