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USCIS Form I-485 Adjust to permanent resident status

Joe February 23, 2021

With questions please contact us at: class_question@1stchoicealliance.com

With questions please contact us at: class_question@1stchoicealliance.com

This form is used by a person who is in the United States to apply to U.S. Citizenship and Immigration Services (USCIS) to adjust to permanent resident status or register for permanent residence (Green Card).

There are 7 major categories that can use this form:

1.Family-based: now for purposes of marriage-based green card applications, only a foreign spouse who is physically here in the US can file form I-485 for a green card. So this means that the spouse must have entered the US with a valid immigration type like a visa. As well, form i-130 must have been submitted and approved.


3.Special immigrant: A special immigrant is a person who qualifies for a Green Card (permanent residence) under the United States Citizenship and Immigration Services (USCIS) special immigrant program. In order to apply for immigration documents under this status, an individual must fill out a petition documenting his or her circumstances and submit the petition to USCIS. So in order to be considered in this category, your client would have already had to have filed a petition with USCIS. Some examples of a special immigrant are, religious workers, Panama canal company or canal zone government employees, international organization employees or family members, broadcaster, NATO-6 non-immigrant, physician national interest waiver, juvenile court dependents, armed forces members, Afghanistan or Iraq nationals who supported the u.s armed forces as translators, and lastly Iraq nationals who worked for or on behalf of the u.s government in Iraq.

4.Asylum or refugee: Asylum is for individuals that came to the united states seeking protection because they have suffered persecution or fear that they will suffer persecution due to: race, religion, nationality, membership in a particular social group, political opinion. Under United States law, a refugee is someone who:
A. is located outside of the US,
B. Is of special humanitarian concern to the United States,
C. Demonstrates that they were persecuted or fear persecution due to race, religion, nationality, political opinion, or membership in a particular social group,
D. Is not firmly resettled in another country,
E. Is admissible to the United States. A refugee does not include anyone who ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion. This would be an asylee.

5.Human trafficking victim or crime victim

6.Special programs: There are many programs that fall under this list. Some include the Cuban family reunification parole program, the Hattian family reunification parole program, etc.

7.Additional options: There is a list of other options that are too long to list and explain. For purposes of this course, they are more than likely not going to be circumstances that your clients will be coming to you with. Most of these categories will not pertain to you. But for further clarification, you can reference your 1st Choice Alliance website for the resources to list and define the things that fall under this category.

Depending on the case load of the local immigration office where the applicant resides and the criminal background check, the process can take between 8-14 months.

The Filing fees vary.