Are you looking to get a green card and become a lawful permanent resident of the United States? For many people, an important step in this process is filling out Form I-485, the Application to Register Permanent Residence or Adjust Status.
This form can seem long and confusing, especially when you know how important it is to your future in the U.S. But don’t worry – we’ll walk you through what you need to know about Form I-485 and how an immigration lawyer can help make the process easier.
You use Form I-485 to apply for a green card when you are already inside the United States. It allows you to register for permanent resident status if you don’t have legal status currently or to change your status from a temporary visa to a permanent green card.
Submitting Form I-485 is not the first step to getting a green card, though. Before you can file the I-485, you first need to have an approved immigrant petition showing you are eligible for a green card.
There are a few main paths that allow you to apply for a green card:
Once USCIS approves your initial petition in one of these categories, you can move forward with the green card process and file Form I-485 when a visa becomes available for you. An immigration attorney can advise you on the best path based on your situation.
Knowing exactly when to file Form I-485 can be difficult. For most green card categories, there are annual limits on the number of people who can get a green card each year. This means you may have to wait after your initial petition is approved before you can take the next step and file the I-485.
To find out if a green card is available to you, you’ll need to look at the monthly Visa Bulletin published by the U.S. State Department. But don’t worry. You don’t have to figure this out on your own. An experienced immigration lawyer can help determine when is the right time for you to file your I-485 based on your priority date and green card category.
The specific documents you need to submit with your I-485 depend on your individual situation, but in general, you’ll need to include:
The I-485 instructions on the USCIS website have a helpful checklist to guide you on exactly which documents to include. However, organizing all this paperwork and evidence can be overwhelming, especially if you have a complicated immigration history.
This is an area where having an immigration lawyer is extremely valuable. They deal with these applications every day and know precisely what USCIS is looking for. An attorney can make sure you have a complete application package with all the right documentation to give you the best chance of success.
Unfortunately, there is no quick and easy answer to how long it will take to get your green card after filing Form I-485. USCIS processing times vary significantly depending on your green card category and which USCIS office is handling your case.
You can check the USCIS website for current estimates of I-485 processing times for your category and USCIS location. But be prepared that it will likely take anywhere from 6 months to over 2 years in some cases.
Having an immigration lawyer on your side can help the process go more smoothly. While they can’t make USCIS adjudicate faster, they can identify potential red flags up front and address issues proactively to minimize the chance of delays.
Remember, any little mistake or missing document can lead to USCIS issuing a Request for Evidence (RFE) that stops the clock on your application until you respond. The more you can avoid these stalls, the more quickly you can get a decision. An attorney’s assistance helps you do this.
As you can see, applying for a green card and filling out Form I-485 is not a simple task. There are many legal issues involved and high stakes for your future if anything goes wrong.
Don’t jeopardize something as important as your green card by going it alone. Hiring an immigration lawyer is an investment in your future that can pay off many times over by getting you to permanent residency as efficiently as possible.
Here are some of the key ways an immigration lawyer helps with the I-485 process:
An attorney will carefully review your immigration history and help identify the best strategy for you to get a green card. There may be multiple paths available, and it’s important to choose the option that is fastest and has the highest chance of success.
You also need to get the timing right on when to file your I-485 based on visa availability. Your lawyer will monitor the monthly visa bulletins and guide you on when to file.
Starting off on the right foot by having a strong, viable case and filing at the optimal time sets you up for a smoother process overall.
As mentioned, I-485 applications require extensive documentation, supplemental forms, and evidence. Even the form itself can be confusing as it asks for very specific, technical information about your entire immigration history.
An immigration lawyer knows exactly how to fill out the form properly and what supporting documents to include based on your case. They will work closely with you to gather all required paperwork and carefully review everything to make sure it is complete and accurate and to present your case in the most favorable light to USCIS.
They may also have you include extra documentation to proactively address any potential weaknesses or issues in your case. The name of the game is giving USCIS everything they need to approve you at the initial filing so there are no costly and stressful delays.
Applying for a green card is rarely a simple process. Issues like past immigration violations, criminal charges, or problems with the initial visa petition can all throw a wrench in things.
When problems arise, you want a professional on your side who can help resolve the situation as quickly and painlessly as possible. An immigration attorney can act as your advocate and work with USCIS to handle any requests for additional evidence or issues with your case.
In the worst-case scenario where your I-485 is denied, having a lawyer already familiar with your case means you can take swift action to get things back on track, such as filing an appeal or a motion to reopen your case.
Not only is the I-485 process logistically complicated, but it can also be an emotional rollercoaster. The average USCIS processing times of often over a year mean a long and stressful period of limbo while you await a decision that will impact the rest of your life.
An immigration lawyer understands how much is at stake and can be a steady source of guidance and support throughout the process. While you may feel helpless at times, your attorney is in your corner as your advocate every step of the way.
Your lawyer will keep you updated on your case status, let you know what to expect, and be available to answer any questions or concerns you have. Just knowing you have an attorney handling your case can provide enormous peace of mind during a difficult time.
Filing Form I-485 is a key milestone on your path to getting a green card. With so much riding on this application, you don’t want to leave anything to chance.
Hiring an immigration lawyer will ensure you are putting your best foot forward with USCIS and doing everything in your power to set yourself up for a successful outcome and your new future in the United States.
If you are ready to take control of your immigration journey and get started on your I-485, contact an experienced immigration attorney through LegalMatch today to schedule a consultation and see how they can help.
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