Filing Form I-485
The second phase of the permanent residency process is where the employee actually files for an adjustment of status by completing Form I-485. The I-485 is also completed for each of the employee's dependents (spouse and/or children) seeking permanent residency.
Important Notes
The I-485 is the personal part of the permanent residency application so applicants are personally responsible for completing this form and compiling the supporting evidence. ISSS is legally unable to advise because it is not an employment-based petition.
The I-485 involves a background check that will require submission of birth and marriage certificate copies, biometrics, a medical evaluation, immigration documents, etc. The requirements are fully explained in the I-485 instructions found on the USCIS website.
Applicants should review instructions very carefully and consult an immigration attorney if they have any questions/concerns.
Fees
The filing fee for the I-485 is $1,225 per applicant. For dependents under 14 years old, a reduced fee of $750 is required.
The I-485 fees are typically paid by the employee, although the hiring department may pay for the employee's I-485, dependent on the decision of the Department Chair. I-485 fees for any dependent(s) must be paid by the employee.
Timeline
Often, the applicant files the I-485 after the I-140 application is approved. However, under certain circumstances, OIS will advise the employee to complete Form I-485 and provide supporting documents, to be filed concurrently with the I-140. This is per INS ruling, July 30, 2002, 67 FR 49561.
Following approval of the I-140, the I-485 petition typically takes an additional 8-10 months to process. There is no option to premium process the I-485. Processing times are subject to change.
Optional forms to attach to the I-485
The employee should complete one form for himself/herself and one form per family member IF needed
Form I-131 (Advanced Parole)
- Authorizes travel outside the U.S. while permanent residency petitions are pending at USCIS
Form I-765
- Must be filed if the employee is in the 6th year of H-1B status.
- Allows employee to continue to work under Pending Permanent Residency status.
- Can also be completed for any dependent(s) who seek to work under the Pending Permanent Residency status.
- In filing this form, the employee (and any dependents) changes from H status to Pending Perm status.
Instructions for both forms are available from the USCIS website.