Visa Focus Friday

Welcome to Visa Focus Friday, where we spotlight key employment-based visas in U.S. immigration.  Each week, we will provide insights into visa categories for foreign workers, helping to navigate the complexities of the immigration process.

Visa Focus Friday : The I-485 Application – A Pathway to Lawful Permanent Residence

This week, we are spotlighting the Form I-485, Application to Register Permanent Residence or Adjust Status—commonly referred to as the “green card application.”  This crucial step allows certain foreign nationals already in the United States to apply for lawful permanent resident (LPR) status without needing to return to their home country for consular processing.

Filing the I-485 is a key milestone in many immigration journeys.  It enables eligible individuals to transition from a temporary, nonimmigrant status to permanent resident status, granting them the ability to live and work in the United States indefinitely.  Adjustment of status is available through several pathways, including family-based and employment-based immigration. 

Key Facts about the I-485 Adjustment of Status Process:

Eligibility – To apply for a green card through Form I-485, individuals must be physically present in the United States and must have an approved immigrant petition (such as Form I-130 for family-based or Form I-140 for employment-based) or be eligible to file the I-485 concurrently with their immigrant petition.  In most cases, applicants must have entered the United States lawfully and must not have violated their immigration status, although certain exceptions apply for immediate relatives of U.S. citizens.

Marriage-Based Adjustment of Status – Individuals who are married to U.S. citizens are considered “immediate relatives” and may apply for a green card without waiting for a visa to become available.  This makes the marriage-based green card process one of the most accessible options for adjustment of status. Spouses of lawful permanent residents may also be eligible, although they are subject to visa availability under the family preference categories.

Filing Requirements – The Adjustment of Status Application must include a wide range of documentation and other Forms, including, to name a few, the applicant’s biographic information, proof of lawful entry, medical examination results (Form I-693), and supporting evidence of the underlying immigrant petition.  In marriage-based cases, applicants must also submit strong documentation proving the authenticity of the marital relationship, such as joint financial records, photos, and affidavits.

Visa Bulletin and Priority Dates – For employment-based and some family-based applicants, the timing of I-485 eligibility is governed by the Department of State’s Visa Bulletin.  Immediate relatives of U.S. citizens do not face wait times under the visa bulletin and may apply as soon as they are eligible.  Others must monitor their priority dates and file only when a visa number becomes available.

Work and Travel Authorization – Upon filing the I-485, applicants may simultaneously apply for Employment Authorization Documents (EAD) and Advance Parole (AP) travel documents.  These allow individuals to work and travel while the green card application is pending.  Travel without advance parole may result in the denial or abandonment of the application, depending on the circumstances.

Dependents – Eligible dependents, including spouses and unmarried children under 21, may also file Form I-485 as derivative applicants.  In marriage-based cases, stepchildren may qualify if the marriage occurred before the child’s 18th birthday.  Each dependent must submit a separate I-485 application and meet basic eligibility criteria.

Adjustment of Status Interview – Most applicants will be scheduled for an interview at a local USCIS office.  In marriage-based cases, this interview typically involves questions to verify the authenticity of the relationship.  In employment-based cases, officers will review the job offer, qualifications, and immigration history.  Thorough preparation and consistent documentation are essential to a successful interview.

Employer Responsibilities (Employment-Based Cases Only):

While the I-485 is primarily filed by the applicant, U.S. employers play an important role in employment-based cases:

Support for the Immigrant Petition – The I-485 relies on an approved Form I-140 (Immigrant Petition for Alien Worker), which must be submitted by a U.S. employer.  This petition must demonstrate the employer’s ability to pay the offered wage and the employee’s qualifications for the job.

Job Offer Continuity – In most employment-based cases, the job offer must remain valid throughout the I-485 process.  If more than 180 days have passed since filing, the applicant may be eligible to change employers under the portability provisions of the American Competitiveness in the Twenty-First Century Act (AC21), provided the new job is in the same or a similar occupational classification.

Understanding the I-485 adjustment of status process is essential for individuals and families navigating the U.S. immigration system.  Whether the path is through marriage, employment, or another eligible category, timely filing and careful preparation are key to a successful outcome.

If you are ready to begin preparing your Adjustment of Status application, our team at Stommes Immigration is here to guide you every step of the way.
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Stay tuned for next week’s Visa Focus Friday, where we will explore another important topic in the U.S. immigration process. We look forward to assisting you on your journey toward permanent residency.

If you have questions about your visa status or if you are an employer exploring immigration options, we are here to help.  At the Law Office of Julia L. Stommes, we are committed to helping individuals and businesses navigate complex legal landscapes.
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The information provided in this blog is intended for general informational purposes only and should not be construed as legal advice.  To schedule a Consultation to discuss your legal immigration options, please email us at [email protected].