I-485 Adjustment of Status

Form I-485, Application to Register Permanent Residence or Adjust Status, is used by a person in the United States to adjust his or her nonimmigrant status to that of a permanent resident. It is the final step of a green card application.

Who May File I-485:

  • A person with an approved immigrant petition, or will file along with an immigrant petition concurrently, and a visa number is available;
  • A spouse or child of a principal applicant who files I-485;
  • A K-1 Fiance(e) of a US citizen or a K-2 dependent;
  • A person in asylum or refugee status;
  • A Cuban native or citizen;
  • A person qualified for "Registry" provision (living in US since before 1/1/1972);

Who is Not Eligible for Adjustment of Status:

(Except for Categories with Special Rules Such As 245(i), Asylum, etc.)
  • A person not admitted or paroled following inspection by an immigration officer;
  • A person's authorized stay expired before filing i-485;
  • A person with unauthorized employment;
  • A nonimmigrant who failed to maintain status (exceptions apply);
  • A crewman or a person entered in transit without a visa;
  • A J-1 visitor without a foreign residence waiver;
  • A K-1 fiance(e) who didn't marry the US citizen petitioner;
  • A visitor under the Visa Waiver Program, unless applied as an immediate relative of an US citizen;

What Documents Do I Need to Submit in My I-485 Application Package?

Please refer to our Employment-Based I-485 Documents Checklist

How Long Does It Take to Receive Approval for My I-485 Application?

It varies dramatically from case to case and center to center. But in recent years, the bottleneck has been with USCIS background checks, especially FBI name check. It is impossible to predict how long the background investigation will last. In some cases, it may take several years. If you have cleared all security checks, however, you can probably expect an approval from a few months to one year. Note that there must be an immigration visa number available, meaning your priority date (PD) must be current according to DOS' visa bulletin, before your case can be approved. From July to August 17, 2007, more than 300,000 new cases were filed with the USCIS under the July Visa Bulletin. So the future of visa retrogression is bound to get worse, which will add further delay to I-485 processing.

How Do I Check the Status of My I-485 Adjust Status Application?

Please see our Contact USCIS page for a variety of ways.

What is a LUD?

A LUD stands for Last Updated Date, which is the last date USCIS took an action on your case. You may find LUD's for your I-485, or any other cases you filed with the USCIS and have received receipt numbers, using the online case status checking system.

What does my USCIS case number mean?

Your receipt contains a case number that USCIS assigns to your case. It is in the following format (ignore the dashes): aaa-xx-yyy-z-mmmm, where

  • aaa: The service center that received your case. For example:
        SRC - Texas Service Center (formerly Southern Regional Center),
        LIN - Nebraska Service Center (named after Lincoln, NE),
        WAC - California Service Center (formerly Western Adjudication Center) and
        EAC - Vermont Service Center (formerly Eastern Adjudication Center).
  • xx: The fiscal year of USCIS, from October 1 to September 30. Cases filed from 10/01/2006 to 09/30/2007 will have xx = 07
  • yyy: The working day of the fiscal year when your case is received. 10/01 = 001
  • z: Either 5 (in database) or 0 (paper files)
  • mmmm: A serial number assigned to your case based on the number of cases received, starting from 0001

Is an Interview Required?

Typically no. But if your case is complicated such as involving prior arrests, you may be asked to go through an interview before your I-485 can be approved. USCIS will forward your case to a local office under such conditions.

What is a RFE?

RFE stands for Request For Evidence. USCIS will send you a RFE when they need more information from you, such as missing or incomplete documents in your application. It doesn't mean your case will be denied or approved soon, although after long delays in security checks, a RFE may be a good sign that your case is moving again.

It is very important to respond to a RFE before the deadline. On June 18, 2007, new Flexible Response Times for RFE and NOID (Notice of Intent to Deny) take effect and they are considerably shorter than the standard 3-month timeframe. So it is now more important than ever to respond to a RFE/NOID as soon as possible.

RFE and NOID Flexible Response Times
Circumstance
Standard Timeframe (calendar days)
To submit initial evidence that the form requires the applicant or petitioner to file
30
To submit evidence that Form I-539 (extension of stay or change in status) requires
30
To submit evidence available in the United States regardless of form type
42
To submit evidence available from overseas sources regardless of form type
84

Does a Speeding Ticket Need to Be Reported?

No. If it is just a traffic violation, and the only penalty is a fine of less than $500 and/or points on your driver's license, you do not need to submit any documentation. However, if it was drug or alcohol related (DUI) or otherwise an arrest was made during the incident, you must report it on your I-485 application.

Am I Allowed to Change Jobs with a Pending I-485?

Yes. If your adjustment of status case has been pending more than 180 days, and you have an approved I-140, you are permitted to change employers under AC-21. There are multiple restrictions, however, so please see our AC-21 page for more details.

How Long Does It Take to Receive Green Card After I-485 Approval?

The USCIS has been very quick nowadays to produce and mail out green cards once they approve the applications. Many people reported receiving their cards within one week, or slightly longer, after "Card Production Ordered" confirmation. So in most cases it is no longer necessary to have your passport stamped as evidence that you have become a permanent resident.

Do I Still Need H1B, EAD, or AP After I485 Approval?

No. Your green card authorize you to permanently live and work in the United States. You may also use your green card to return to the US after trips that last less than one year. If you plan to reside outside the US for one year or more, you need to apply for an reentry permit before your departure.

Do I Need a New Social Security Card After I-485 Approval?

You can apply for a Corrected Social Security Card that will remove the restriction on work authorization. Your SSN number remains the same.

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