Navigating the Form I-485 Process: A Comprehensive Guide to Transitioning from Non-Immigrant Status to Green Card
Once your Form I-140, the Immigrant Petition for Alien Worker has been successfully approved, the next essential step is to adjust your status if you are currently residing in the US.To become a lawful permanent resident in the US, you must submit Form I-485, the Application to Register Permanent Residence or Adjust Status, to the USCIS.
This is a critical step towards obtaining your green card. Now, let’s explore the comprehensive details you need to know for a smooth EB1A green card journey.
Who is Eligible to File I-485 in the EB1A Category?
If you have received approval for your EB1A petition, you are eligible to apply for Form I-485 as the principal applicant when a visa is available in your preference category.
Within the EB1A category, if you are the principal applicant, your spouse, and unmarried children under the age of 21 can individually apply for their Form I-485 as derivative applicants.
This process allows each of them to pursue obtaining their individual green cards.
Additionally, ensure that you accurately select your immigration category in Form I-485 by indicating it in the appropriate box located in Part 2 under Application Type or Filing Category.
When Should You Submit Form I-485?
If a visa is currently available for your employment preference category and country of origin, you have the option to apply for Form I-485 either concurrently with your pending I-140 application or after the approval of your I-140 application.
However, if a visa is not immediately available, you must wait until after your I-140 is approved.
Once approved, you need to ensure that your priority date aligns with or is before the final action dates in your preference category.
If it does, you can then proceed to file your I-485 green card application with the USCIS.
It’s crucial to note that regardless of whether you file Form I-485 concurrently with the I-140 application or separately, the processing time for the I-485 application remains unchanged.
This is because the adjudication of the I-485 application occurs only after the approval of your EB1A petition or Form I-140.
Form I-485 Filing Period for Dependents
Your spouse and unmarried children under the age of 21 are eligible to obtain their green cards, if you are the principal applicant in the EB1A category.
If your dependents are currently residing in the U.S. and need to secure their green cards, you can follow one of these three procedures:
a. Simultaneously file their I-485 form with your I-485 application.
b. File when your Form I-485 is pending.
c. Following the approval of your I-485 application, file thereafter.
Factors Leading to Ineligibility for Adjustment of Status:
Certain reasons may cause individuals to be ineligible to adjust their status to the US:
1. If you fall under any of the adjustment bars outlined in Sections 245(a), (c), (d), or (e) of the Immigration and Nationality Act, you are considered ineligible to adjust your immigration status.
However, it’s crucial to note that certain employment-based applicants are exempt from specific adjustment bars outlined in Section 245(c). Here’s a brief overview of each section:
- 245(a): This pertains to individuals who entered the US without any immigration status or inspection from an immigration officer.
- 245(c): It applies to those who failed to maintain continuous lawful immigration status while in the US.
- 245(d): When you are a conditional permanent resident, restriction to the adjustment of status may occur.
- 245(e): Restriction of the adjustment of status based on marriage applies when individuals are facing admissibility or deportation proceedings, except in cases of a bona-fide marriage.
2. Committing an act listed in the immigration laws under the grounds of inadmissibility renders a person unable to adjust their status.
In some instances, relief or a waiver is available for grounds of inadmissibility, making you potentially eligible to adjust your status to the US.
3. Non-immigrant exchange visitors in the J1 and J2 categories must fulfill a two-year foreign resident requirement or obtain a waiver of this requirement to apply for adjustment of status.
4. Certain A, E, and G nonimmigrants are ineligible to adjust their status.
However, if they possess a waiver of the privileges, rights, immunities, and exemptions they enjoy, they may be able to apply for the I-485 application.
Supporting Documentation for the EB1A I-485 Application
When submitting your Form I-485, it’s essential to include specific evidence, as outlined by USCIS. Here’s a clear checklist; however, you should refer to the Form I-485 instruction requirements as well.
1. Two passport-size photographs.
2. Birth certificate Photocopy: If your birth certificate is unavailable, demonstrate its unavailability and provide alternative evidence of birth.
3. Photocopy of a government-issued identity document with a photograph (e.g., passport, driver’s license).
4. Inspection and admission documents: Include a photocopy of documents proving that you were inspected by an immigration officer and either admitted or paroled into the US.
Evidence include:
- Provide evidence related to your recent arrival.
- Photocopies of the passport page with the admission or parole stamp.
- Copy of the passport page with a non-immigrant visa.
- Form I-94 arrival and departure record.
5. Documentation of your immigration category: Submit a photocopy of Form I-797, the EB1A petition approval notice.
6. Evidence of continuously maintaining lawful status since arrival in the US:
For EB1, EB2, and EB3 categories, the requirement to demonstrate lawful status maintenance is exempt according to the INA section 245(k). Instead, provide evidence showing your qualification for this exemption.
7. Supplement J, confirmation of job offer: While Supplement J is not required for EB1A, provide a signed statement indicating your intent to work in the field mentioned in the I-140 application.
Supplementary Forms for EB-1A I-485 Application
When you submit your Form I-485, consider including several additional forms for added benefits:
- I-765 (Application for Employment Authorization): Alongside your I-485 application, you can submit an EAD, which allows you to work freely in the US while waiting to receive your green card.
- I-131 (Application for Travel Document): Submitting Form I-131 with your I-485 application allows you to request advance parole, permitting travel outside the US without restrictions.
- I-693 (Report of Medical Examination and Vaccination Record): This form includes your medical examination report and your vaccination records. Submitting Form I-693 is a crucial step to prove that you are not inadmissible to the US based on health grounds.
For Form I-693, you have two submission options: include it with your I-485 application or submit it during the interview.
Since Form I-693 has no expiration date and there is a possibility of interview cancellations, it is recommended to submit it concurrently with Form I-485 to prevent processing delays.
Filing Location and Fee Details for Form I-485
The filing location for Form I-485 depends on your eligibility category and geographic location. To find the precise address for the location, please refer to the Direct Filing Addresses for Form I-485 page.
Currently, the Form I-485 filing fee for Employment-Based green card categories is $1,225, inclusive of the biometric service fee.
However, under the new fee hike proposal by USCIS, the adjustment of the status fee, which includes the biometric service fee, will increase by 26%, resulting in a new total of $1,540.
Form I-485 Processing Time for EB1A Green Card
If you are curious about how long it takes to receive your EB1A green card after your EB1A petition gets approved, let’s delve into the detailed steps of Form I-485 processing time:
- Priority Date Availability: Once your priority date becomes available, you can file your I-485, an adjustment of status application. Additionally, include an Employment Authorization Document (EAD) and a travel document.
- Receipt Notice: Upon USCIS receiving your Form I-485, you will get a receipt notice (I-797C) containing a receipt number. This number enables you to track your green card application status.
- Biometric Appointment: After USCIS accepts your I-485 application, you will receive a biometric notice with your appointment schedule. Attend the appointment to provide fingerprints, photographs, and signatures for background checks.
- EAD and Advance Parole: Expect to receive your EAD and travel documents within 3 months. These documents grant you the freedom to work in the US and travel outside the country.
- Interview: USCIS conducts an interview where questions about your employment, eligibility, and supporting documentation may be asked. Note that, after the pandemic, interviews are not conducted for employment-based green card categories.
- Request for Evidence (RFE): USCIS may issue a Request for Evidence (RFE) in connection with your I-485 application if certain conditions are not met.
An RFE is issued in instances where necessary documents are omitted or submitted evidence is deemed invalid. Alternatively, it is issued when additional information is essential for the comprehensive evaluation of your eligibility for the I-485 application.
The RFE includes details about the submission location and the deadline date. Failing to respond within the specified timeframe may lead to the denial of your I-485 application.
- Final Decision: The overall processing time for Form I-485 is approximately 5-8 months. Upon approval, you will obtain your EB1A green card.
Is it Possible to Travel Outside the US While your Form I-485 is Pending?
Generally, it is advisable to avoid traveling outside the US when your adjustment of status is pending with USCIS, as it may lead to a denial.
However, if you have advance parole, you can travel freely outside the US without any restrictions.
If you are already on a dual-intent non-immigrant visa, such as H1B or L1, you are permitted to travel since your visa already includes permission to travel abroad.
Nonetheless, it is advisable to travel only after obtaining your advance parole to avoid potential complications.
Conclusion
The EB-1A green card process involves two key steps.
First, you need to submit the I-140 form with the required documentation. Upon approval of the I-140, you must proceed to file Form I-485 when your priority date is available to transition your status from non-immigrant to green card holder.
Additionally, it’s noteworthy that the final action date for the EB1A green card advances at a quicker pace compared to those for the EB2 and EB3 green card categories.
Therefore, if you wish to expedite your green card process to the US, EB1A stands out as a preferable option.
To ensure a smooth green card process, carefully review all I-485 instructions. Accurately fill in all required information in Form I-485 and provide the necessary supporting documentation to prevent any delays in securing your green card.
We hope that this blog will offer a comprehensive overview of the I-485 application process for the EB1A green card.
For holistic support throughout your EB1A journey, from building your profile to achieving success in the EB1A petition, consider exploring the Smart Green Card Program.
In the Smart Green Card program, we help you identify your area of expertise, assist in compiling robust evidence to fulfill at least 6 EB1A criteria and ensure the successful completion of the final merits determination phase.
Notably, Smart Green Card members have achieved EB1A petition approval without encountering any Requests for Evidence (RFEs).
What is holding you back? Put an end to your H1B uncertainty or long green card wait times by earning the EB1A green card. Check out the Smart Green Card Program now.
- SGC
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