- 1). Check the State Department visa bulletin to find your preference category. People with immediate preference, such as spouses, parents and children of U.S. citizens and employees who fall under the EB-1 and EB-2 categories, may file concurrently an I-485 and an immigrant visa petition.
- 2). Locate your most recent I-94 and I-797 approval notice of your current status and check the dates. To adjust status, you must prove that an immigration officer admitted or paroled you into the U.S. While some immediate relatives may file an I-485 when they are out of status, most employees may not.
- 3). Read form I-485 instructions on who is not eligible to file. People who entered the U.S. as a non-immigrant crewman; K-1 visa holders who did not marry the petitioner; and foreign nationals who are subject to the two-year foreign residency requirements are among those who may not adjust status.
- 1). Make the application easy to disassemble. Use a two-hole punch at the top center and an ACCO fastener to hold the documents together. Do not use folders or staples; instead, separate the documents with numbered bottom tab exhibit pages.
- 2). Clearly mark separate applications sent in one envelope with the person's full name, birth date and alien registration number. Place a rubber band or large clip on each application.
- 3). Submit copies, not originals. All foreign documents must be translated. Passports, visas and I-94s should be enlarged, color copies. Write the applicant's name and birth date in pencil on the passport pictures, place the photos in a small, resealable plastic bag, and staple the bag to the corresponding form.
- 4). Staple the filing fee, which may be a personal check, cashier's check or money order, to the form. Write a separate check for each application. Do not combine fees for different applicants.
- 5). Write I-485 in large, red print on the outside courier package and the inside envelope. Attach a cover sheet to explain the preference category, such as I-485/I-130 concurrent filing, immediate family. Include a table of contents as a guide for USCIS adjudicators.
- 6). Mail the packet to the correct address. USCIS uses several filing locations depending on the preference category. A U.S. citizen petitioning for a foreign spouse files at the Chicago Lockbox. Special immigrants with approved I-360s use the Vermont Service Center. Afghan or Iraqi translators submit their I-485s to the Nebraska Service Center.
Establishing Eligibility to File Form I-485
Assembling the Application
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