For most people, applying for permanent residence in the United States is a significant step in creating a life here. If you are in the U.S., the Adjustment of Status process on Form I-485 is often the process you must go through to gain a green card. This application may expedite your process or cause an unexpected delay, making it extremely important to understand.
Adjustment of status is the procedure that allows qualified individuals already in the U.S. to apply for permanent residency while remaining in the U.S. Form I-485 is the primary document used to Adjust Status to Permanent Resident. This process is different from consular processing, where the applicants must complete their green card application at a U.S. embassy or consulate in another country.
Pathway | Locations | Form I-485 Processing Time | Travel Restrictions |
---|---|---|---|
Adjustment of Status (Form I-485) | Within the U.S. | 8 months to 24 months (It may vary) | Can apply for work authorization and travel documents |
Consular Processing | U.S. Embassy/Consulate abroad | 6-12 months | Must retain outside the U.S. during the processing |
Form I-485 is the last application you submit to USCIS after an immigrant-based application has been submitted for you. Many applicants can submit Form I-485 concurrently with their underlying application, a process known as “concurrent filing”. This can save time in that both applications are processed simultaneously.
The timing of your filing can impact your case tremendously. Your ability to file Form I-485 depends on your specific category; if a visa is not available for you, the other options are limited. The U.S. government provides a specific, limited number of employment-based immigrant visas each fiscal year from October 1 to September 30. Once the quota of visas is met, a waiting line begins, and you will not be able to file your Form I-485 until the visa number becomes available, which is determined from the visa bulletin provided by the Department of State.
If your priority date is current, you can file Form I-485 concurrently with your underlying immigration application. Concurrent filing of Form I-485 means you do not have to go through a waiting period between the approval of your underlying immigration application and the beginning of the final Green Card process.
By filing Form I-485, you will be able to apply for an Employment Authorization Document (EAD) using Form I-765, and this benefits you in more than one way:
You are also able to file Form I-141, Advance Parole, with your I-485. This would allow you to leave your home country while awaiting a decision on the I-485 application. This allows you to leave the country, abandoning the I-485 application. These are the factors when it comes to how to speed up I-485.
Right now, processing times differ greatly, depending on the USCIS service center involved and your specific situation.
Average Processing Times by Category:
Application type | Current Range |
---|---|
EB1 | 8-16 months |
EB2/EB3 | 15-33 months |
Family based | 12-28 months |
The most important thing that can delay your process is priority date availability. Even if you qualify to file form I-485, USCIS will not approve your application until your priority date is current, as explained in the monthly Visa Bulletin.
The process for the I-485 includes extensive documentation like:
In certain circumstances, applicabts may file Form I-485 even if their priority date is not current based on the Dates for Filing chart in the Visa Bulletin. This method allows you to:
Individuals from countries with high demand (in particular India and China) typically have longer wait times b because of per-country limits. Recognizing these may assist in setting a realistic timeline of expectations.
Choosing between Adjustment of Status or consular processing is a decision that must be made based on several factors:
When you are on a pathway to becoming a permanent resident while inside the U.S. Form I-485 is crucial; however, how fast iti is processed comes down to much more than your interest or qualifications. Delays are typically related to backlog and referenced questions (RFEs), interviews, as well as issues with the visa queue. By being proactive, you can ensure that your I-485 is processed as quickly as possible.
At EB1A Experts, we focus on supporting talent and exceptional individuals, as well as professionals with goals related to the U.S. immigration process (including AOS). Contact us today larn how our expertise and guidance can help you on your journey to becoming a permanent resident of the U.S.
Processing time for Form I-485 differs widely but is generally measured in months or years. For example, while most applications might take several months to more than a year, some applications may take significantly more than average due to factors such as the complexity of the case, completion of the application, staffing, or workload. You must check specific USCIS processing times by form type and service center; no one answer applies to all cases.
While you cannot technically “expedite” the I-485 application, you may request expedited processing due to severe financial loss, a life-threatening emergency, or other urgent humanitarian reasons that qualify as a compelling reason for USCIS to process your case faster. Be prepared to provide documentation in support of your request, as USCIS may later ask for it, and consider contacting your Congressional representative if you are unsuccessful with direct attempts.
Indeed, at times where appropriate, submitting Form I-130 (Application for Alien Relative) in tandem with Form I-485 will allow expedited processing of your Green Card application by addressing both applications simultaneously rather than waiting for approval of the I-130 application and then separately filing the I-485 application.
The wait time for an EAD/Advance Parole while an I-485 is pending is quite variable and can be somewhere between a few weeks and a few months. Historically, the average time-frame is most frequently around three months. However, it is heard that some applicants received approval of the combination work/travel card in approximately 20 days. Processing times vary depending on the USCIS, the completeness and accuracy of your application, and whether the service center issues an I-485 Request for Evidence (RFE), which may further delay processing time.