Form I-485 is the Application to Register Permanent Residence or Adjust Status. This form is meant for people inside the United States to apply for lawful permanent resident status with United States Citizenship and Immigration Services (USCIS). This is only done so after the approval of a Form I-526 petition for an EB-5 visa. (For immigrant investors outside of the U.S. with approved I-526 petitions, you will need to fill out DS-260 to remove the conditional status of your permanent residence.) Family members can also file this Form I-485 while in the U.S. as a lawful immigrant when an the primary investor’s I-526 is approved.
Instructions for How to Fill Out Form I-485
1. Provide a valid signature. The USCIS will not accept stamped or typewritten signatures in place of a physical, written signature. Minors under 14 years of age and physically disabled applicants can have their applications signed by a parent or guardian.
2. Enclose the filing fee. As of August 1, 2017, the filing fee for Form I-485 is $1,140. If you are 13 years of age or younger and filing with a parent’s form, the filing fee is $750. If you 13 or younger and filing without a parent’s Form I-485, then the filing fee is $1,140. For applicants between the ages of 14 and 79, there is also a biometric services fee of $85. If an applicant turns 14 years old during the application process, they will have to pay the $85 biometric services fee before USCIS will rule on the application.
3. Provide all relevant or necessary evidence. Upon filing, submit all evidence and supporting documentation required for Form I-485. The evidence requirements could differ depending on which immigrant category was applied, but here are some examples of what could be expected:
- Government-issued ID’s
- Birth certificate
- Marriage certificate
- Evidence of financial support
- Police or criminal records
- Waiver of diplomatic rights, privileges, exemptions, and immunities
4. Schedule a biometric services appointment. The USCIS will inform you in writing if you need to attend a biometric services appointment after submitting the form. If you fail to attend your biometric services appointment, USCIS may deny your application.
5. Make copies of everything. You should submit legible photocopies of documents requested in your application unless the instructions specifically state, or USCIS requests, that you must submit an original document.
6. Make sure the application is translated into English. Also, make sure that the translator signs a certification that the translation is complete and accurate, and that he or she is competent to translate.
7. Fulfill selective service duties (if applicable). Most male immigrants between the ages of 18 and 26 are required to register with the Selective Service System. Registration can occur at a local post office or at the website, www.sss.gov.
Seeking Further Assistance for Form I-485
United States Citizenship and Immigration Services provides Form I-485 for free on its website. If you have any more detailed questions about this application, visit the USCIS website or consult with an immigration attorney. This is a very detailed application and should be placed in the hands of someone experienced in EB-5 visas and permanent residence applications.