I-485 Form Summary
Once the I-526 petition is approved, the immigrant investor can adjust his/her status within the United States to become U.S. Conditional Permanent Resident. The principal applicant and all of his/her dependents must each file an I-485 petition. This form requires each applicant to disclose their biographical information to the USCIS so they can determine if the applicant is eligible for permanent residency or not.
Form I-485 is typically filed on behalf of the applicant by an Immigration Attorney.
For the applicant’s I-485 form being accepted by the USCIS it is important to satisfy the requirements below –
- Applicant’s criminal history that can be evident in the form of official statements from law enforcement agents, court orders and probation records.
- A valid birth certificate, marriage certificate and all divorce certificates.
- Copy of passport pages and non-immigrant visa, and all immigration related documents.
- Two identical color photographs of the applicant that have been taken within the past 30 days
- Biometric services if applicants are between the ages of 14 and 79. USCIS notifies applicants about where they must obtain their biometric services after the form I-485 has been submitted; biometrics services include fingerprinting and sometimes requires the applicant’s photograph and signature.
- Recent medical examination report and vaccination records.
- Biographic information by submitting a completed form G-325A.
- Evidence of eligibility by providing a copy of form I-797C that was received upon the approval of the I-526 petition.
I-485 applications can be filed upon the approval of the I-526 Petition. The filing fee for the I-485 application is $750 for a dependent under 14 years otherwise it is $1140 plus an $85 fee for the biometric services. The biometrics fee is waived for the only applicant below 14years and also for applicant 79 years of age or older. The application is submitted by mail to the USCIS lockbox facility in Texas or Arizona, depending on where the EB-5 applicant currently resides.
The I-485 application is usually processed in 13.5 months to 46 months and applicants are notified by USCIS by email or physical mail after their applications have been processed. However, the applicants can obtain work and travel authorization while their I-485 application is pending processing if they also file an I-765 Application for Employment Authorization and I-131 Application for Travel Document.
Once I-485 is approved, the EB-5 applicants become conditional permanent residents. Two years after the applicant becomes a conditional permanent resident, the I-829 form is filed to remove the conditions. After the I-829 is approved by the USCIS applicant will then become a permanent resident. This enables the investor, their spouse and their unmarried children under the age of 21 to permanently live and work in the United States.
Download: I-485 form on the USCIS website
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