• What is I-485?

I-485 stands for the application form number for adjustment of status from nonimmigrant to immigrant. Adjustment of Status is the final stage of a (permanent residence) green card application process.  Generally speaking once USCIS approves the I-485 application, the applicant becomes a lawful permanent resident in the US.  The applicant becomes a green card holder in this country and the green card application process is completed.

• Who can file I-485 application?

It depends on who files the immigrant petition and who the beneficiary is.  Generally speaking, the applicant can file the I-485 application as long as the priority date is current.  For example, you may file I-485 application if you are a parent of a US citizen who is older than 21 years old or if you are a spouse of a US citizen.  However there are some other restrictions.  Xielaw strongly suggest the visitors consult your own attorney about your eligibility for filing I-485 application or contact Xielaw if you are interested in hiring Xielaw for your family or marriage based application.

• What immigration benefits can I get after I file my I-485 application?

Adjustment of Status is the final stage of your green card application. After the completion of this process, the applicant becomes a U.S. lawful permanent resident.  Therefore filing I-485 application is one of the most imporant applications for your green card application.  Once you have applied for I-485 application, your status is considered as "applicant for adjustment of status." or an application in AOS status, you can remain in the US until the I-485 process is completed. In addition, you get apply for work permit (EAD) and travel document (AP) togetther with your I-485 application.  So if you were out of legal status in the US before you filed your I-485, you have gained your legal status once you have filed your I-485 application, subjec to the final approval of your I-485 application.

• What are the documents needed for filing I-485 application?

Among other things, you should get at least you birth certificate, marriage certificate if married.  For applicants who were born in the Mainland China, you need to obtain the notarized birth certificate from the Notary Office in China.  We will provide the instruction list to these who are seriously interested in having us handle the family or family based green card applications.  If you are going to marry a US citizen or if you are a parent of a US citizen or if you are a minor child of a US citizen, you can contact Xielaw for more details.

• Do I have a choice filing the I-485 at the service center or at the local office?

No, you do not have a choice. Family or marriage based I-485s should always be filed at the Service Center. The local/district office is no longer accepting I-485 filings.

• My service center is very slow or has very long processing time. Can I file to another service center?

Unfortunately, no, unless you move to a different city - and that, of course, can be problematic in particular for employment-based cases. You must always file with the service center (depending on your case type) that has jurisdiction over where you live.

• Will there be an interview for me to attend?

For family-based or marriage cases, interviews are usually required. Both the petitioner and the beneficiary must appear for the interview at the same time.  The interview will be conducted at the local USCIS office where the beneficiary resides.

• What are the main purposes of the I-485 interview?

The USCIS officer wants to make sure there is a bona fide relationship existing between the petitioner and the beneficiary.  The USCIS officer wants to make sure that the beneficiary will not become a public burden on this country once he or she becomes a US permanent resident (green card holder).  The USCIS also wants to make sure that the beneficiary is admissible to the US (the beneficiary is not a terrorist, does not have the prohibited diseases, is not a felony, etc.)

• Do I need to file the medical exam together with the I-485?

For family or marriage-based cases, yes. For other cases filed at , it depends on the policy at the particular office.

• Do I need to submit the medical examination report?

Yes, you should have form I-693 ready.  The medical examination must be done by a USCIS-approved civil surgeon. He or she will conduct the examination and return the form to you in a sealed envelope. Keep the envelope sealed. Do not open the envelope. Give the sealed envelope to your attorney for the filing.

• How long is the medical examination valid?

The immigration medical examination expires after one year, if you have not filed it with USCIS.  It generally does not expire any more after filing, regardless of how long USCIS takes to process your case.

• How long will my I-485 application be approved?

It is hard to tell because there are so many factors involved.  These factors include but are not limited to the delay by FBI background check,  the processing time on the USCIS side and US Department of State Visa Bulletin progress, etc.  Each applicant will have to wait patiently for the approval.