Timeline and Steps After Filing Form I-485, Application to Adjust Status

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  1. Receipt of Application

Within 2 to 4 Weeks After Filing

After you submit Form I-485, Application to Register Permanent Residence or Adjust Status, USCIS begins processing your application. You will receive a Form I-797C, Notice of Action, confirming the receipt of your application usually within 2 to 4 weeks. This receipt notice is crucial as it contains your 10-digit receipt number, which allows you to track the status of your application online. If the form is incorrectly filed, USCIS will issue a Notice of Action to reject it, which can cause significant delays. It's essential to ensure your application package is complete and all required documents are accurately submitted to avoid such setbacks.

  1. Biometrics Appointment

Approximately 5 to 8 Weeks After Filing

USCIS will send you a notice for a biometrics appointment, specifying the date, time, and location—usually at the nearest USCIS Application Support Center. This appointment is necessary for USCIS to conduct a security clearance and criminal background check. During this quick session, typically less than 20 minutes, USCIS will collect your fingerprints, photograph, and signature. You must bring a government-issued photo ID such as a passport, driver’s license, military ID, or state ID to the appointment.

Additional Information

Attending your biometrics appointment as scheduled is crucial as rescheduling can extend the processing time of your I-485 application. This appointment is purely for biometric data collection and not an interview. However, if you have any criminal records, even minor ones like a DUI, it's advisable to consult with an immigration lawyer before attending the appointment, as certain offenses may affect your eligibility for immigration benefits.

Steps After Filing Form I-485: Receiving Your EAD Card and Adjustment of Status Interview

  1. Receiving Your Employment Authorization Document (EAD)

Approximately 8 to 20 Weeks After Filing

Upon submitting Form I-765, Application for Employment Authorization, along with your adjustment of status application, you can expect to receive your EAD, commonly referred to as a work permit, within about 8 weeks. If you have also applied for advance parole through Form I-131, Application for Travel Document, be prepared for a potentially longer waiting period as USCIS processing times for this document have generally increased. Although EAD and advance parole documents were historically issued as a combo card, recent changes may see them issued separately to expedite processing of individual benefits.

The EAD card serves as proof of your lawful status as an "adjustment of status applicant," authorizing you to work in the United States and travel abroad under the conditions of advance parole.

  1. Adjustment of Status Interview

Approximately 8 to 14 Months After Filing

As part of the green card process, you may be called for an adjustment of status interview. While family-based applicants, especially those sponsored by a spouse, are almost always required to attend an interview, USCIS might waive the interview for other family-based categories depending on the thoroughness of the submitted documentation.

You will receive a notice for your interview, typically another Form I-797, Notice of Action, detailing the date, time, and location. These interviews are usually brief, lasting less than 30 minutes, and it is crucial to attend as scheduled since rescheduling can significantly delay the process.

Preparing for the Interview

If an interview is scheduled:

  1. Review your I-485 and related forms beforehand and ensure you are familiar with the information you provided.
  2. Update any information, such as changes in your address or employment, and bring this updated information to the interview.
  3. Prepare a complete file including your immigrant petition and adjustment of status application since the USCIS officer will review these documents.
  4. Bring original documents whose copies were submitted to USCIS, like birth and marriage certificates.
  5. If available, bring your Advance Parole document and/or Employment Authorization Card.
  6. Ensure you have your passport, which includes the nonimmigrant visa or parole entry stamp.

Receiving your EAD and preparing for the adjustment of status interview are crucial steps in the green card process. By understanding what to expect and preparing accordingly, you can help ensure these stages proceed as smoothly as possible, bringing you closer to obtaining lawful permanent resident status in the United States.

Last Updated 08/02/24 11:46:04AM

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