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I-485 Application for Family-Sponsored
Adjust Status to U.S. Permanent Resident

Adjusting to United States Permanent Resident - Form I-485 Application

The Form I-485 application, adjustment of status in USA, is conducted by the US Citizenship and Immigration Service (USCIS) in the United States. An adjustment of status I-485 Form application is filed by a beneficiary of an approved immigrant visa application

When a foreign national marries a U.S. citizen, he or she is considered as an immediate relative of the U.S. citizen. There are no numerical limitations to this family-based category, and the foreign national in the U.S. can file an immigrant application for permanent residence simultaneously with USCIS once the marriage has taken place. The applicant will be required to demonstrate to USCIS that the marriage was entered into good faith and not solely for the purpose of securing immigration benefits for the foreign national. 

A lawful permanent resident is a foreign national who has been granted the privilege of permanently living and working in the United States. If a foreign spouse wants to become a lawful permanent resident based on the fact that he or she married a citizen of the United States, the USCIS will approve an immigrant visa petition, Form I-130 - Petition for Alien Relative. This petition is filed by the U.S. citizen spouse and must be accompanied by proof of the marriage relationship. 

The close family members of a U.S. citizen can qualify to immigrate to the United States, but they are subject to a numerical limit of immigrant visas available to them each year. Generally, the higher the preference, the quicker the alien will be eligible to receive a Green Card. The relatives in categories must wait for a visa to become available according to the following preferences. =>........

Fingerprinting (Biometrics Services) Requirement and the Fingerprinting Process

The USCIS requires Form I-485 applicants of age from 14 to 79 to be fingerprinted for the purpose of conducting FBI criminal background checks, before the Form I-485 approval. To better ensure both the quality and integrity of the immigration application process, the USCIS processes fingerprint cards for immigration benefits only if an authorized fingerprint site prepares them.

After receiving your Form I-485 adjustment application, the USCIS will mail you a notice scheduling you to appear for a fingerprinting at a USCIS designated location. The notice will specify a week for the applicant to appear. The fingerprints are a requirement for every applicant at age 14 through 79 years old to determine if they have a criminal history.

In addition to the filing fee for the Form I-1485 adjustment application, there is a fingerprinting fee (or biometrics services fee) charge for this procedure. The fingerprinting fee must be paid at the time of filing of the Form I-485 adjustment application, before the completion of a fingerprinting.

A definitive response from the FBI regarding fingerprint clearances is required before the I-485 application can be approved or transferred to the local office for interview. Applicants who do not appear at the fingerprinting within the time frame allowed will be denied as an abandonment of their I-485 application for failure to appear. Previously, the fingerprinting notices would arrive at varying times during the case process. They were not tied to the case progress. In the event that the fingerprint report was too old by the time the case was ready for adjudication, the new prints would be required. =>........

The Employment Authorization Document And Travel Document Application

When you send the I-485 application to USCIS, you may also submit an I-765 form for Employment Authorization Document (EAD) application, if you want to work in the United States while your I-485 application being processed.

The Immigration and Nationality Act is a law that governs the admission of all persons to the United States. Part of the law about Employment Authorization Documents defines the employment authorization responsibilities of both employers and employees. USCIS issues Employment Authorization Documents to prove you are allowed to work in the United States.

The specific categories that require an Employment Authorization Document include applicants adjusting to permanent residence status; asylees and asylum seekers; refugees; students seeking particular types of employment; people in or applying for temporary protected status; fiancés of American citizens; and dependents of foreign government officials.

Due to the case processing backlog within the USCIS, it may take some time for your to receive the Green Card after the Form I-485 application for adjustment of status has been submitted. During this waiting period, you can apply for an Advance Parole, which allows you to travel overseas and come back to the United States without affecting your Green Card application. The only prerequisite for an Advance Parole is that you have maintained a legal status throughout your stay in the United States. => ........

Conditional Permanent Residence Status and Consequences of Divorce for Immigration Purposes

A lawful permanent resident is given the privilege of living and working in the United States permanently. A permanent residence status will be conditional, if it is based on a marriage that was less than two years old on the day the alien spouse was given permanent residence. The alien spouse is given conditional resident status on the day he or she is lawfully admitted to the United States on an immigrant visa or receive adjustment of status. 

The U.S. citizen and alien spouse must apply together to remove the conditions on the alien spouse's residence. They should apply during the 90 days before their second anniversary as a conditional resident. The expiration date on the alien registration card (commonly know as Green Card) is also the date of the second anniversary as a conditional resident. If the U.S. citizen and alien spouse do not apply to remove the conditions in time, the alien spouse could lose the conditional resident status and be removed from the country.

USCIS has the authority to deny the removal of the conditional permanent residence status, in cases where it is clear a marriage was entered into in order to evade immigration laws. These are cases in which marriage was used solely to obtain the Green Card and not for genuine marital purposes. Under the USCIS procedures, the interview could be waived by the Service Center, in any case it was convinced that the marriage was real. In a situation where the evidence was sufficient to reflect a real marriage, the case could simply be approved by the Service Center without the need for an in-person interview at the local office.
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Frequently Asked Questions of I-485 Application and Other Related Issues for Adjustment of Statue

Frequently asked questions and answers for Form I-485 immigration application, and other related important issues about adjustment of your legal statue to Permanent Resident of United States. => ..........

Our Help Desk's Answers for Questions of I-485 Application, Adjustment of Statue, and Other Related Issues

Answers for auestions of Form I-485 application for by our Help Desk, including I-485 Green Card application, Form I-485 requirements and supporting documents, and status adjustment procedure and interview process. => ..........

Complete Do-It-Yourself Package of I-485 Application for Status Adjustment

To help family-sponsored immigrants to adjust their status to U.S. permanent residents, we provide a high quality and case-proven "Complete Do-It-Yourself Package of I-485 Application for Status Adjustment (Form I-485 DIY Package, or Form I-485 DIY Kit)." In this package, we let you know the required application documents, evidence, procedures, samples of petition cover letter, and samples of required forms for status adjustment to U.S. permanent resident.

We also provide detailed explanation of Form I-485 application process, application check list, Work Permit and Travel Document application instructions and samples, and how to remove the conditions on permanent residence for an alien spouse. 

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