After you have submitted I-130, the Petition for Alien Relative, the next step in this process is to submit Form I-485. This is an application for adjustment of status. Form I-485 can be filed in seven categories: crime victim, special programs, special immigrant, asylum/refugee, family-based, employment based, and more.
How Much Does it Cost?
For an applicant under age 14 and filing with at least one parent, the filing fee is $750. For an applicant under 14 but not filing with a parent, the fee is $1,140. That same fee applies to applicants above age 14. The only age category to pay biometric service fees of $85 in addition to any form fees are those applicants between ages 14 and 78.
How Long is the Processing Time?
USCIS will usually inform an applicant that the package has been received a few weeks after it has been sent. Processing times depend on the office that receives the information. Those applicants who have not received confirmation after several weeks might contact the office they sent their information to for the purposes of verifying receipt.
How to File Form I-485
Varying forms of evidence are required based on the applicant’s background, which is why finding a trusted immigration lawyer is important. You will send this package to USCIS through the mail with the form I 485 fee. When and where your application is received will affect your I 485 processing time.
Use this link to find out where to send your information: https://www.uscis.gov/i-485-addresses
What Happens After Filing Form I-485?
Once your paperwork has been received, USCIS could respond with Form I-797C, Notice of Action. This means that the applicant is officially being reviewed for adjustment of status. This Notice of Action can also explain that the applicant has been rejected because the forms have not been properly filed.
You’ll Receive a Receipt of Application
The USCIS office should alert you to the receipt of your documents in your office. This is the formal start of the review of the application. You should get notice within two to three weeks after filing.
Notice of Your Biometrics Appointment
The next step in your application is notice of your biometrics appointment. This assigns your formal location, date, and time. You will attend for security clearance reasons and a criminal background check that is required of all applicants.
Receive Your EAD Card
You should get your EAD card around 12 to 16 weeks after initial filing. This applies if you submitted Form I-765 and Form I-131. The advance parole travel document and EAD can be combined into one card.
Notice of Interview
Within four to ten months after filing, you should get a notice of interview. In some cases, the interview might be waived. The kind of case in question will determine whether or not an interview is scheduled. Form I-797, a Notice of Action, could be the way that an applicant learns of an interview.
Attend Your Interview
Within six to twelve months after applying, the interview will be scheduled. The applicant should always review I-485 and related forms first to be familiar with those answers. The applicant might wish to speak with their immigration lawyer in advance to feel prepared for the interview.
Is an Interview Required?
Unless the interview is officially waived, all applicants must attend an in-person interview. This is your chance to confirm that all the documents are correct and to clarify any changes in the original application.
What to Bring to the Interview
If an interview is schedule, you should bring your passport, the medical exam form I-693, Form I-94, the appointment notice, originals of all key documents, and a letter of employment provided by the alien’s employer. It’s important to be prepared for the I 485 interview.
What if My Application Gets Denied?
If your application is denied, you will receive a written notification of the reason. There is no formal process for appealing the decision and you could be deported for a denied application. You might be able to work with an immigration lawyer to ask that USCIS review the decision if you have facts that the agency did not consider the first time.
Contact Attorney Eric Price Today!
Eric Prices leverages years of experience in the immigration field to help those who need assistance with paperwork and interview preparation. If you’re concerned about the I 485 process, contact LA’s top immigration lawyer for more information on what to do next.