Who may file a I-485 form

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.

9 Likes

how to do Adjustment of Status for a western hemisphere priority date?

8 Likes

My cousin’s wife father is from Mexico. He receives green card from USCIS 3 years ago. His status was SA1. The question will be about the priority date and if it was before January 1, 1977. If the priority date is before this date then family members, like a spouse and children may be able to receive a priority date too.

I have heard that this is very complicated and you probably should seek the help of an attorney.

8 Likes

si mi padre se registro en 1975 en el consulado, gracias por su respuesta ya estoy en contacto con un abogado

8 Likes

This seems that the SA1 has been discontinued and the priority date is gone now :*(

7 Likes

Muchas gracias amigo

6 Likes

I do think this article actually answers the question very well. The Form I-485 Application to Register Permanent Residence is in the SimpleCitizen Learning Center

5 Likes

I have heard there is suspension from the USCIS on Form I-485 applications from J-1 visa originating from Russian Citizen. Is this true? Who should I contact for more information?

Thank you,

Alexa Russell
Russia

3 Likes

Alexa,

I have not heard about this issue. I know that there is the 2 year waiver for people who are applying for the Form I-485, Application to Register Permanent Residence or Adjust Status, is used to either register for permanent legal residence in the United States or adjust to permanent resident status.

I have included the link to the newest article on this form.

3 Likes

Maybe I should be asking this question in another thread but I will throw it out here anyway.

If I am currently living outside of the US and I want to file an I-130 form and a Form I-485, Application to Register Permanent Residence or Adjust Status, and I want to do this for my father who is an Australian citizen can I file all of these forms together at the same time?

Main Question: Can someone do concurrent filings with an I-485 and I-130 for immediate relatives that are currently outside the US?

2 Likes

@joel_q_staples855 You are fine! I think that you can’t submit all of the forms together when doing an adjustment of status for your parents. I think that this can only be done when the person submitting the petition for their relative is their spouse. So, this can only be done for a marriage based green card.

1 Like