If you want to apply for a U.S. green card by adjusting your status, you must fill out Form I-485 or the Application to Register Permanent Residence or Adjust Status. This process lets you become a lawful permanent resident without returning to your home country for visa processing.
One essential part of getting a lawful status is completing and submitting all the necessary documents. We’ll give you an overview of the documents you need to complete and a little background about the form.
Key Takeaways:
- Form I-485 isn’t an immigrant visa petition. It’s an application for permanent residence while staying in the U.S.
- Certain individuals, such as married people, refugees, and foreign workers, need to complete specific documents.
- Those who went to prison or served in the military forces in their home country must secure documents related to their incarceration and service as proof.
INDEX
The Required Initial Evidence of Form I-485
- The Form Itself
- Passport-Style Photographs
- Government-Issued Identification
- Proof of Lawful Entry
- Birth Certificate
- Proof of Current Status
- Spousal Certifications
- Medical Examination (Form I-693)
- Criminal History Documentation
- Evidence of Relationship
- Employment Verification
- Proof of Asylum or Refugee Status
- Waivers
- Military Service Records
The Required Initial Evidence of Form I-485
Form I-485 allows you to transition from a temporary visa holder to a permanent one. This status adjustment is based on grounds like family and employment sponsorship.
Some categories have specific requirements. But despite that, the general process includes completing the form, submitting documents, paying the filing fees, attending the biometrics appointment, and possibly interviewing with United States Citizenship and Immigration Services.
Here are the documents you need to secure and complete as the principal applicant:
1. The Form Itself
Once you get a hard or soft copy of Form I-485, complete all the necessary information and sign it. Answer each section as honestly as possible.
2. Passport-Style Photographs
You must have two passport-style photographs. Your photos should meet these guidelines set by the USCIS:
- Size and Composition: Photos must be 2 x 2 inches.
- Photo Quality: The photos must be colored, printed on high-grade, photo-quality paper, clear, and in focus. There shouldn’t be any graininess or pixels.
- Background: Off-white and plain white backgrounds are acceptable. The photos must not have any shadow on the face or background.
- Head Position and Facial Expression: The person must face the camera with a neutral expression. The head is at the center of the frame, and both ears are visible.
- Attire and Appearance: The person should wear casual and everyday clothing without hats or coverings. Exceptions include religious clothing worn daily.
3. Government-Issued Identification
These documents certify your personal identity. Get a copy of your passport page with your biographical information, your nonimmigrant visa, and a copy of your national ID card, driver’s license, or any other ID.
4. Proof of Lawful Entry
One key factor for successfully becoming a permanent resident is lawful entry to the United States of America. Get a copy of the Form I-94 (Arrival/Departure Record) and the visa page from your passport. This page should show the visa stamp and date of entry.
5. Birth Certificate
You must have a copy of your birth records. If you don’t have one, submit affidavits and church or school records as secondary evidence.
6. Proof of Current Status
Compile copies of approval notices for previous and current visas and your most recent Employment Authorization Document if you’re working in the U.S.
7. Spousal Certifications
These are the certificates you need to prepare if you’re married:
- Marriage Certificate: You must use this if you’re applying for permanent residence and married to a U.S. citizen.
- Death Certificate: If you’re previously married and your spouse died, show a copy of their death certificate.
- Divorce Decree: If you were divorced, show the immigration a copy of your divorce decree. This document shows the end of your marriage, how property is divided, how you spend time with your children, and the amount of child support you’ll get or receive.
10. Medical Examination (Form I-693)
A USCIS-designated civil surgeon will conduct your immigrant medical examination. They will take your vital signs, assess your general health, and conduct some blood tests. Make sure you complete Form I-693 or your Medical Examination and Vaccination Record for quicker approval.
11. Criminal History Documentation
Provide certified copies of court documents, such as police reports, court records, and parole documentation. The last document indicates you’ve been granted parole in the U.S. despite not having an immigrant status. You can stay in the U.S. for humanitarian reasons, such as medical emergencies and family reunification.
12. Evidence of Relationship
Compile evidence of your relationship with your petitioner if you’re one of those family-based applicants. These include your photos together, utility bills, leases, bank statementsA record of a borrower's financial transactions often requir... under your names, and affidavits from family and friends.
13. Employment Verification
If your application is employment-based, complete your Form I-140 or Immigrant Petition for Alien Worker if applicable. Prepare your educational records, like degrees and certifications, and a job offer letter from your American employer to support your application.
14. Proof of Asylum or Refugee Status
Those seeking refuge and asylum have fled their country for fear of persecution. If you’re one of them, provide a completed Form I-94 to show you’re an asylee or a refugee. Get a copy of your approval letter or receipt notice for your refugee or asylum status.
15. Waivers
Form I-601, also called the Application for Waiver of Grounds of Inadmissibility, is for people who can’t enter the United States due to specific grounds and want to waive them to proceed with their application despite their inadmissibility.
This form is for health-related or criminal grounds and immigration fraud. However, those eligible for entry are immediate relatives of U.S. citizens.
16. Military Service Records
If you have served in the military force before migrating to the U.S., you should include these documents in your application:
- Military Service Records: These are enlistment and discharge documents. They should outline the dates of services, branches of the military where you’re assigned, and the positions you held in your time of service.
- Discharge Papers: These indicate the type of discharge, such as honorable and general.
- Military Conduct Records: These should contain details about your conduct during military service, including disciplinary actions, punishments, and criminal convictions.
Parting Words
The I-485 processing time varies depending on the work USCIS has to do and whether you have complete documentation. Secure all these documents, have them translated into English if they’re in a foreign language, and submit them with the form.
Consult your immigration lawyer to clarify doubts, receive guidance in complex situations, and ask for help compiling these documents. They will also assist you in compiling additional documents that USCIS specifically requested from you.
