OUR IMMIGRATION SERVICESAdjustment of Status (I-485)

The Final Step to U.S. Permanent Residency: Adjustment of Status (I-485)

Adjustment of Status (AOS) through Form I-485 is a critical milestone for EB-1 visa holders seeking to secure permanent residence in the United States after receiving approval of the I-140. This streamlined process allows individuals to remain in the U.S. and avoid lengthy and complicated consular processing in their home country. Adjustment of Status offers several benefits, including the ability to apply for Employment Authorization (EAD) and Advance Parole (AP) while awaiting a green card decision. These benefits allow applicants to continue to work legally in the U.S. and travel internationally without interrupting their AOS application.

To qualify, EB-1 petitioners must have an approved I-140 petition, a current priority date according to the Visa Bulletin, and continue to qualify under the EB-1 category (e.g., extraordinary ability, meritorious research, or multinational executive/manager). They must also be lawfully present in the U.S. and have no disqualifying criminal or immigration history.

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Step-by-step timeline for i-485 adjustment of status

I-140 approved
Eligibility to file I-485 begins.

Check visa bulletin
Confirm priority date is current.

Prepare I-485 package
Gather all required documents.

Submit to USCIS
Official I-485 application filing.

Biometrics appointment
Fingerprints and photo collection.

Get EAD/AP (optional)
Work and travel while waiting.

Interview (if required)
USCIS may request an interview.

Green card approved
Receive your permanent residency.

Navigating the I-485 Process: Key Considerations and Challenges

Essential Documentation and Timeline

Proper preparation is critical to a smooth adjustment of status process. Applicants must file Form I-485 with supporting documents, such as

I-140 Notice of Approval: Proof of approved immigrant petition.
Proof of Lawful Entry: I-94 Arrival/Departure Record or equivalent.
Medical Examination (Form I-693): Conducted by a USCIS-approved physician to ensure that the applicant meets health requirements.
Employment Verification: For employment-based cases, documentation of current employment is essential.
Other Supporting Evidence: This includes financial records, biographical data, and any required documentation for dependent petitioners.

The timeline includes several steps:

Filing the I-485: Once the priority date is current, applicants should file promptly to avoid delays.
Biometrics appointment: USCIS collects fingerprints, photographs, and a signature for a background check.
Adjustment of Status Interview: In some cases, an interview is conducted to confirm the accuracy of the application and eligibility.
Final Decision: USCIS may approve the petition, request additional evidence, or, in rare cases, deny the petition.

Applicants may also apply for EAD and AP to work and travel while their case is being adjudicated.

Benefits and Potential Challenges

Benefits of Adjustment of Status Adjustment of Status is highly advantageous for EB-1 visa holders, offering a faster path to permanent residence compared to other visa categories. By eliminating the need for consular processing, applicants avoid the delays and costs associated with traveling back to their home country. In addition, EAD and AP provide valuable flexibility, allowing individuals to continue working and traveling without interrupting their application.

Potential Challenges Despite its benefits, AOS can present obstacles:

Processing Delays: USCIS backlogs or changes in visa availability can increase wait times.
Employment Changes: Loss of employment or significant job changes may affect eligibility for an EB-1-based AOS.
USCIS Requests for Evidence (RFE): Additional documentation may be required, adding complexity and potential delays.
Cost and Legal Complexity: Filing fees and legal advice can make the process costly and challenging.

For EB-1 holders, the adjustment of status process is the final step toward a green card and a stable future in the U.S. While the process is complex, careful preparation and professional guidance can mitigate risks and ensure success. Working with an immigration attorney helps applicants navigate challenges, respond to RFEs, and maximize their chances of approval.

📂 Downloadable Checklist: I-485 Supporting Documents

Use this checklist to ensure you’ve gathered all necessary documents for your Adjustment of Status (Form I-485) application. You can download and print it to help track your progress.

⬇️ Download I-485 Checklist (PDF)

Answers to FAQs

What is Form I-485 and what is it used for?

Form I-485, “Application to Register Permanent Residence or Adjust Status,” is used to apply for a green card (lawful permanent residence) in the United States.

Who is eligible to file Form I-485?

Eligibility includes individuals in categories such as

Immediate relatives of U.S. citizens or lawful permanent residents.
Applicants with approved employment-based petitions.
Refugees or asylees.
Participants in certain humanitarian programs.

What documents are required for Form I-485?

Commonly required documents include

Proof of lawful entry (e.g., Form I-94).
Birth certificate or equivalent.
Medical examination results (Form I-693).
Evidence of eligibility for adjustment of status.

How long does the adjustment of status process take?

Processing times vary depending on the USCIS service center, the type of application, and the complexity of the case. In general, it can take 8 to 14 months or longer.

Can I work while my I-485 is pending?

Yes, you can apply for an Employment Authorization Document (EAD) by filing Form I-765 with your I-485 or separately.

What are common reasons for I-485 denials?

Denials can occur due to

Ineligibility under the category requested.
Missing or inaccurate documentation.
Criminal or immigration violations.

Can I travel while my I-485 is pending?

Travel is allowed with an approved advance parole document (Form I-131). Traveling without it may result in the abandonment of your I-485 application.