• 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.

• When can I file I-485 application?

It depends on case by case.  Generally speaking, the applicant can file the I-485 application as long as the priority date is current.  Xielaw strongly suggest the visitors consult your own attorney on this or contact Xielaw if your case is being handled by Xielaw or if you are interested in hiring Xielaw for your I-485 application.

• My I-140 immigrant petition is still pending (not approved yet), can I file I-485 application?

Yes if your priority date is current.

• I am going to submit my I-140 immigrant petition soon, can i also submit my I-485 application at the same time?

Yes if your priority date is current.

• 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.

• 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. 

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

For employment-based cases (or any case filed with service centers), yes. For cases filed at the local/district office (most family-based cases), it depends on the policy at the particular office.

• 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. Employment based I-485s must always be filed at the Service Center.

• 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 employment-based cases, interviews are usually waived. Only a small percentage of employment based I-485 cases will be interviewed.  Why so? some cases are considered "suspicious" for some reason; some cases need some sort of clarification, particularly when a prior record is involved. Another two percent of I-485 applications are pulled at random for quality control purposes.

• Does it means that my I-485 may be denie if I am required to go for the interview?

Not necessarily. Don't panic simply when you get the notification that your case has been forwarded to the local office.  If you are selected for the interview, you should contact your attorney to prepare for the interview.

• When can I change job after I file I-485 application?

You can change job to another same or similar job after your I-485 has been pending for 180 days. However, because of the lack of regulations and USCIS history of tightening regulations beyond what the letter of the law allows, we recommend that our client try to stay on the same job for at least six months after I-140 has been approved.  For other visitors, Xielaw suggests you consult your own attorney or use our fee based consultation services for assistance.

• 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.