There is a range of individuals who may file Form I-485 based on several unique situations:
- Based on an Immigrant Petition – If your immigrant petition is approved and a visa number is immediately available or if you are filing Form I-485 with a special Petition that would make a visa number immediately available, you may file the Form.
- Based on Being the Spouse or Child at the Time Another Adjustment Applicant Files Form I-485 – You may file Form I-485 with the other applicant or anytime after it is approved if you are already in the United States. If you are outside of the United States, you must file Form I-824, Application for Action on an Approved Application or Petition, with the other applicant’s Form I-485 to file the Forms together.
- Based on Being the Fiancé of a U.S. Citizen – You may file if you entered the United States as the K-1 fiancé of an existing U.S. citizen and married them within 90 days of entering the country. Likewise, if you had any K-2 child(ren) entering with you, s/he/they may also file for lawful permanent residency.
- Based on Asylum Status – If you were granted asylum, you may file Form I-485 after you have been physically present in the United States for 1 year. You may only do so if you still qualify as an asylee or are the spouse or child of a refugee.
- Based on Cuban Citizenship or Nationality – There are 2 situations where Cuban nationals may apply for lawful residency. In each situation, paroled means you were allowed to enter the U.S. without a visa or for humanitarian reasons:
- You are a native Cuban citizen, were admitted or paroled into the United States after January 1, 1959, and have been present in the United States for at least 1 year; or
- You are the spouse or unmarried child of a Cuban citizen as described above, were admitted or paroled into the U.S. after January 1, 1959, and have been present in the United States for at least 1 year.
- Based on Continuous Residency in the U.S. Since Before January 1, 1972 – If you’ve been living in the U.S. since before January 1, 1972, you may apply for permanent residency.
- Based on a Priority Date That is Not Current But is Valid – Priority dates determine when you are able to file the final stage of the green card process with Form I-485. If your priority date is not current but is considered valid under the
- Child Status Protection Act or you have a Western Hemisphere Priority Date, you may still file Form I-485.
Form I-485 also allows you to apply to change the date that your permanent residence began. If you were granted lawful permanent residence in the United States before November 6, 1966, are a native or citizen of Cuba, or are the spouse or unmarried child of an individual that meets either of these scenarios, you may change the date of your permanent residence. You are given the option to change the date to either your date of arrival in the U.S. or March 2, 1964, whichever is later.