When can I file my I-485 adjustment of status packet?

Your eligibility category determines the time when you can file Application to Register Permanent Residence or Adjust Status (Form I-485). Different eligibility requirements may be applied for different immigration categories.

As it is stipulated by Instructions for Form I-485, you can apply either as a principal applicant (a person who directly meets criteria of a certain immigrant category), or as a derivative applicant (a principal applicant’s family member).

In general, a beneficiary of an immigrant visa petition, such as Form I-140 (Immigrant Petition for Alien Worker), Form I-360 (Petition for Amerasian, Widow(er) or Special Immigrant), Form I-130 (Petition for Alien Relative), should submit Form I-485 only after U.S. Citizenship and Immigration Services approves his/her petition and grants an immigrant visa number. If you belong to a certain immigrant category, it is possible to resort to “concurrent filing”, i.e. to file Form I-485 before your visa petition is approved by USCIS (subject to visa petition approval and granting a visa number soon after that, and fulfillment of other requirements).

Except asylees, refugees, and U nonimmigrants, USCIS cannot approve Form I-485 of a derivative applicant until the principal applicant gets the status of lawful permanent resident.

A spouse or a child (unmarried and younger than 21) of a principal applicant can submit Form I-485 at the same time or after the principal applicant files Form I-485 (if spouse’s or child’s immigrant visa is available and he/she meets all the filing requirements). In the case of Petition for Alien Fiancé(e) (Form I-129F) being a basis of person’s filing, Form I-485 can be filed when he/she enters the USA on a K-1 visa and gets married to an American citizen who covers his/her I-129F petition within 90 days period. When child enters the USA on K-2 visa, both he/she and his/her K-1 parent can file Form I-485. Before filing Form I-485, other related forms should be prepared and filed in most cases.

March 3, 2020

Your eligibility category determines the time when you can file Application to Register Permanent Residence or Adjust Status (Form I-485). Different eligibility requirements may be applied for different immigration categories.

As it is stipulated by Instructions for Form I-485, you can apply either as a principal applicant (a person who directly meets criteria of a certain immigrant category), or as a derivative applicant (a principal applicant’s family member).

In general, a beneficiary of an immigrant visa petition, such as Form I-140 (Immigrant Petition for Alien Worker), Form I-360 (Petition for Amerasian, Widow(er) or Special Immigrant), Form I-130 (Petition for Alien Relative), should submit Form I-485 only after U.S. Citizenship and Immigration Services approves his/her petition and grants an immigrant visa number. If you belong to a certain immigrant category, it is possible to resort to “concurrent filing”, i.e. to file Form I-485 before your visa petition is approved by USCIS (subject to visa petition approval and granting a visa number soon after that, and fulfillment of other requirements).

Except asylees, refugees, and U nonimmigrants, USCIS cannot approve Form I-485 of a derivative applicant until the principal applicant gets the status of lawful permanent resident.

A spouse or a child (unmarried and younger than 21) of a principal applicant can submit Form I-485 at the same time or after the principal applicant files Form I-485 (if spouse’s or child’s immigrant visa is available and he/she meets all the filing requirements). In the case of Petition for Alien Fiancé(e) (Form I-129F) being a basis of person’s filing, Form I-485 can be filed when he/she enters the USA on a K-1 visa and gets married to an American citizen who covers his/her I-129F petition within 90 days period. When child enters the USA on K-2 visa, both he/she and his/her K-1 parent can file Form I-485. Before filing Form I-485, other related forms should be prepared and filed in most cases.