What
is Adjustment of Status Form I-485?
Adjustment of status is a process which allows
non-immigrants in the United States to adjust and change their non-immigrant
status to immigrant status, if they belong to an eligible category. If you feel
that you are eligible for adjustment of status, you may file the USCIS Form
I-485.
When
to File an I-485 Adjustment of Status Application?
You can file the I-485 once you received the I-130
or I-140 receipt notice from the USCIS. The priority date determines the visa
availability. For relative petitions, the priority date is the date when the
I-130 immigrant petition form was properly filed. For employment-based
petitions, the priority date is the date from the labor certification that was filed
with the Department of Labor (DOL), or the date that the I-140 immigrant
petition was filed with the USCIS (if no labor certification was required). The priority date becomes "current"
when there is a visa available. If the
priority date is current, you may file for Adjustment of Status during the
month when the priority date is current. The State Department issues a document
each month called the Visa Bulletin that lists the current priority dates for
each immigrant preference category.
There are also special situations, such as the diversity visa lottery,
registry, and asylum that permit filing for adjustment of status within
specified timeframes.
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