Form I-485, Application to Register Permanent Residence or Adjust Status

Form I-485

The purpose of Form I-485 is for an alien who is in the United States to adjust to permanent residence status or register for permanent residence. Form I-485 may also be filed by certain Cuban nationals to request a change in the date as to the commencement of their permanent residence.

Form I-484 allows filing by aliens in the following categories:

(1) those aliens who base their filing of Form I-485 on a immigrant petition, i.e., an immigrant visa number is immediately available based upon an approved immigrant petition, or are filing Form I-485 with a completed relative petition, special immigrant juvenile petition, or special immigrant military petition which, if approved , would allow for an immigrant visa number to be immediately available; (2) those aliens who base their Form I-485 filing on being the spouse or child of another alien who is currently filing their Form I-485 application (derivative status applicants); (3) those aliens who base their Form I-484 filing as the fiance(e) of a U.S. Citizen and subsequent marriage to that citizen; (4) those aliens who base their Form I-485 filing on asylum status; (5) those aliens who base their Form I-485 filing on refugee status; (6) those aliens who base their Form I-485 filing as a Cuban national; (7) those aliens who can prove continuous residence in the United States since before January 1, 1972 may also file Form I-485.

Form I-485 specifies those aliens who may not file for adjustment of status by using Form I-485. These categories include aliens who have entered the United States without a visa, non-immigrant crewmen, not admitted or paroled after inspection by an immigration officer, expiration of authorized stay, failure to maintain non-immigrant status, as well as other categories.