I-485 — Adjustment of Status.

Form I-485 adjusts your status from temporary visa or other category to lawful permanent resident — without leaving the United States.

Eligibility for adjustment of status

To file I-485, you must:

1. Be physically present in the United States
2. Have an approved (or concurrently filed) immigrant petition (I-130, I-140, I-526E, etc.) — OR be in a self-adjusting category like asylee
3. Have a current priority date (visa number available)
4. Be admissible to the U.S. (or eligible for waiver of inadmissibility)
5. Have maintained legal status (with INA 245(i) and other exceptions)

Filing fee structure

Bundled forms (free with I-485):

• Form I-765 (Employment Authorization Document)
• Form I-131 (Advance Parole travel document)

If you file these separately AFTER I-485, the standard fees apply ($520 for I-765, $630 for I-131).

Required documents

• Form I-485 with $1,440 filing fee
• Two passport-style photos (recent)
• Copy of government-issued photo ID
• Copy of birth certificate with certified English translation
• Form I-693 medical examination (Civil Surgeon)
• Form I-864 Affidavit of Support (family-based, some employment-based)
• Approval notice for underlying I-130/I-140/I-526E (or filed concurrently)
• Copy of arrival/departure record (I-94)
• Evidence of maintaining legal status (visa stamps, prior I-94s, employment authorization)
• Police certificates if required
• Tax returns (employment-based, when income proof needed)

Concurrent filing — when allowed

Concurrent filing means submitting I-485 at the same time as the underlying petition (I-130, I-140, etc.). This is permitted when:

• The beneficiary is in the U.S. AND
• A visa number is immediately available (priority date current)

Benefits of concurrent filing:

• Receive EAD and Advance Parole faster (3-6 months from filing)
• Single-step process
• Maintain ability to work and travel during pendency

Section 245(i) and 245(k) — Special situations

INA 245(i)

Allows certain individuals who entered without inspection or otherwise fell out of status to adjust status if they pay a $1,000 penalty fee, were beneficiaries of a labor certification or visa petition filed before April 30, 2001, and were physically present in the U.S. on December 21, 2000.

INA 245(k)

For employment-based applicants, allows up to 180 days of unauthorized employment or status violations between most recent admission and I-485 filing. Doesn't apply to family-based or other categories.

The interview

Most family-based and some employment-based I-485 applicants are scheduled for an interview at the local USCIS field office. Marriage cases especially are likely to be interviewed.

What to bring

• Original documents you submitted as copies
• Updated evidence (newer joint accounts, photos, tax returns)
• Government-issued photo ID
• Interview notice
• Spouse (for marriage cases — usually required)

Stokes interview

If the officer suspects marriage fraud, spouses may be separated and asked detailed questions about their relationship — known as a "Stokes interview." Inconsistencies (without good explanation) can lead to denial.

Common reasons for I-485 denial

• Inadmissibility (criminal history, immigration violations, fraud)
• Failure to maintain status (without 245(i) or other relief)
• Insufficient affidavit of support (income below 125% of poverty)
• Marriage fraud findings
• Public charge concerns
• Medical inadmissibility (without waiver)
• Failure to appear at interview or biometrics
• Underlying petition revoked

What to do while I-485 pends

• Maintain underlying status if possible — H-1B continues to provide protection if I-485 is denied
• Get EAD and Advance Parole — file I-765 and I-131 concurrently or as soon as possible after I-485
• Don't travel without Advance Parole — exceptions for those maintaining valid H-1B/L-1 status
• Update USCIS of address changes within 10 days (Form AR-11)
• Don't commit crimes — even minor offenses can derail your case
• File N-400 promptly after 5 (or 3) years as LPR if pursuing citizenship