Application to Register Permanent Residence or Adjust Status

OMB No. 1615-0023; Expires 11/30/2011

Instructions for I-485, Application to Register
Permanent Residence or Adjust Status

Department of Homeland Security
U.S. Citizenship and Immigration Services

The fee submitted with Form I-824 will not be
refunded if the principal's adjustment is not granted.

NOTE: The filing fee for Form I-485 is $930 plus biometric
fee, if applicable. Refer to "What is the Filing Fee?" on
Page 8.
3.

What Is the Purpose of Form I-485?

A. You may apply to adjust status if you were admitted
to the United States as the K-1 fiancé(e) of a U.S.
citizen, and you married that citizen within 90 days of
your entry.

This form is used by a person who is in the United States to
apply to U.S. Citizenship and Immigration Services (USCIS)
to adjust to permanent resident status or register for permanent
residence.

B. If you were admitted as the K-2 child of such a
fiancé(e), you may apply to adjust status based on
your parent's Form I-485.

This form may also be used by certain Cuban nationals to
request a change in the date that their permanent residence
began.
4.

Based on an immigrant petition
You may apply to adjust your status if:
A.
B.

2.

Based on asylum status
You may apply to adjust status after you have been
granted asylum in the United States if you have been
physically present in the United States for one year after
the grant of asylum, provided you still qualify as an
asylee or as the spouse or child of a refugee.

Who May File Form I-485?
1.

Based on admission as the fiancé(e) of a U.S. citizen
and subsequent marriage to that citizen

An immigrant visa number is immediately available
to you based on an approved immigrant petition; or

5.

Based on refugee status
You may apply to adjust status after you have been
admitted as a refugee and have been physically present in
the United States for one year following your admission,
provided that your status has not been terminated.

DRAFT

You are filing this application with a completed
relative petition, special immigrant juvenile petition,
or special immigrant military petition which, if
approved, would make an immigrant visa number
immediately available to you.

Based on being the spouse or child (derivative) - at the
time another adjustment applicant (principal) files to
adjust status or at the time a person is granted
permanent resident status in an immigrant category
that allows derivative status for spouses and children.
A.

If the spouse or child is in the United States, the
individual derivatives may file their Form I-485 with
Form I-485 for the principal applicant, or file Form
I-485 at anytime after the principal is approved, if a
visa number is available.

B.

If the spouse or child is residing abroad, the person
adjusting status in the United States should file Form
I-824, Application for Action on an Approved
Application or Petition, concurrently with the
principal's Form I-485 to allow the derivatives to
immigrate to the United States without delay if the
principal's Form I-485 is approved.

6.

Based on Cuban citizenship or nationality
You may apply to adjust status if:
A. You are a native or citizen of Cuba, were admitted or
paroled into the United States after January 1, 1959,
and thereafter have been physically present in the
United States for at least one year; or

B. You are the spouse or unmarried child of a Cuban
described above and regardless of your nationality,
you were admitted or paroled after January 1, 1959,
and thereafter have been physically present in the
United States for at least one year.

Form I-485 Instructions (Rev. 12/05/08)Y

7.

Applying to change the date on which your
permanent residence began
If you were granted permanent residence in the United
States prior to November 6, 1966, and are a native or
citizen of Cuba, or you are the spouse or unmarried child
of such an individual, you may ask to change the date
your lawful permanent residence began to your date of
arrival in the United States or May 2, 1964, whichever is
later.

8.

F. You failed to maintain your nonimmigrant status,
other than through no fault of your own or for
technical reasons; unless you are applying because
you are:

Based on continuous residence since
before January 1, 1972

Other basis of eligibility
If you are not included in the above categories, but
believe you may be eligible for adjustment or creation of
record of permanent residence, contact our National
Customer Service Center at 1-800-375-5283 for
information on how to use the Internet to make an
application at your local USCIS office.

10. Who Is Not Eligible to Adjust Status?

An immediate relative of a U.S. citizen (parent,
spouse, widow, widower, or unmarried child
under 21 years old);

ii.

A K-1 fiancé(e) or a K-2 fiancé(e) dependent
who married the U.S. petitioner within 90 days
of admission; or

iii. An H or I nonimmigrant or special immigrant
(foreign medical graduates, international
organization employees, or their derivative
family members);

You may apply for permanent residence if you have
continuously resided in the United States since before
January 1, 1972. This is known as "Registry."
9.

i.

G. You were admitted as a K-1 fiancé(e), but did not
marry the U.S. citizen who filed the petition for you,
or you were admitted as the K-2 child of a fiancé(e)
and your parent did not marry the U.S. citizen who
filed the petition;
H. You are or were a J-1 or J-2 exchange visitor and are
subject to the two-year foreign residence requirement
and you have not complied with or been granted a
waiver of the requirement;

DRAFT

Unless you are applying for creation of record based on
continuous residence since before January 1, 1972, or
adjustment of status under a category in which special
rules apply (such as 245(i) adjustment, asylum
adjustment, Cuban adjustment, special immigrant
juvenile adjustment, or special immigrant military
personnel adjustment), you are not eligible for
adjustment of status if any of the following apply to
you:
A. You entered the United States in transit without a
visa;
B. You entered the United States as a nonimmigrant
crewman;
C. You were not admitted or paroled following
inspection by an immigration officer;
D. Your authorized stay expired before you filed this
application;

I.

You have A, E, or G nonimmigrant status or have an
occupation that would allow you to have this status,
unless you complete Form I-508 (Form I-508F for
French nationals) to waive diplomatic rights,
privileges, and immunities and, if you are an A or G
nonimmigrant, unless you submit a completed Form
I-566;

J.

You were admitted to Guam as a visitor under the
Guam visa waiver program;

K. You were admitted to the United States as a visitor
under the Visa Waiver Program, unless you are
applying because you are an immediate relative of a
U.S. citizen (parent, spouse, widow, widower, or
unmarried child under 21 years of age); or
L. You are already a conditional permanent resident.

E. You were employed in the United States without
USCIS authorization prior to filing this application;

Form I-485 Instructions (Rev. 12/05/08)Y Page 2

An original or court-certified copy of the complete
arrest record and/or disposition for each incident (e.
g., dismissal order, conviction record, or acquittal
order).

General Instructions
Fill Out Form I-485
1.

Type or print legibly in black ink.

2.

If extra space is needed to complete any item, attach a
continuation sheet, indicate the item number, and date and
sign each sheet.

3.

Answer all questions fully and accurately. State that an
item is not applicable with "N/A." If the answer is none,
write "None."

4.

C. If you have ever been convicted or placed in an
alternative sentencing program or rehabilitative
program (such as a drug treatment or community
service program), submit:
1.

An original or court-certified copy of the
sentencing record for each incident; and

2.

Evidence that you completed your sentence,
specifically:

You must file your application with the required Initial
Evidence described below. Your application must be
properly signed and filed with the correct fee. If you are
under 14 years of age, your parent or guardian may sign
your application.

a.

An original or certified copy of your
probation or parole record; or

b.

Evidence that you completed an alternative
sentencing program or rehabilitative
program.

Translations. Any document containing a foreign language

submitted to USCIS shall be accompanied by a full English
language translation which the translator has certified as
complete and accurate, and by the translator's certification that
he or she is competent to translate from the foreign language
into English.

D.

If you have ever had any arrest or conviction
vacated, set aside, sealed, expunged, or otherwise
removed from your record, submit:

DRAFT

Copies. Unless specifically required that an original
document be filed with an application or petition, an ordinary
legible photocopy may be submitted. Original documents
submitted when not required will remain a part of the record,
even if the submission was not required.
You must file your application with the following evidence:
1. Criminal history
If you have ever been arrested or detained by any
law enforcement officer for any reason, and no
charges were filed, submit:

2.

If you have ever been arrested or detained by any law
enforcement officer for any reason, and charges were
filed, or if charges were filed against you without an
arrest, submit:

2.

An original statement from the court that no
record exists of your arrest or conviction.

Birth certificate
Submit a copy of your foreign birth certificate or other
record of your birth that meets the provisions of secondary
evidence found in Title 8, Code of Federal Regulations
(CFR), 103.2(b)(2).

An original official statement by the arresting agency
or applicable court order confirming that no charges
were filed.
B.

An original or court-certified copy of the court
order vacating, setting aside, sealing, expunging,
or otherwise removing the arrest or conviction;
or

NOTE that unless a traffic incident was alcohol or
drug-related, you do not need to submit
documentation for traffic fines and incidents that did
not involve an actual arrest if the only penalty was a
fine of less than $500 and/or points on your driver's
license.

Initial Evidence

A.

1.

3.

Copy of passport page with nonimmigrant visa
If you have obtained a nonimmigrant visa(s) from a U.S.
Embassy or consulate abroad within the last year, submit
a photocopy(ies) of the page(s) of your passport
containing the visa(s).

Form I-485 Instructions (Rev. 12/05/08)Y Page 3

ii.

4. Photos
You must submit two identical color photographs of
yourself taken within 30 days of the filing of this
application. The photos must have a white to off-white
background, be printed on thin paper with a glossy finish,
and be unmounted and unretouched.
Passport-style photos must be 2" x 2." The photos must
be in color with full face, frontal view on a white to offwhite background. Head height should measure 1" to 1
3/8" from top of hair to bottom of chin, and eye height is
between 1 1/8" to 1 3/8" from bottom of photo. Your
head must be bare unless you are wearing a headdress as
required by a religious order of which you are a member.
Using pencil or felt pen, lightly print your name and
Alien Registration Number (A-Number) on the back of
the photo.
5. Biometric services
If you are between the ages of 14 and 79, you must be
fingerprinted as part of the USCIS biometric services
requirement. After you have filed this application, USCIS
will notify you in writing of the time and location where
you must go to be fingerprinted. If necessary, USCIS
may also take your photograph and signature. Failure to
appear to be fingerprinted or for other biometric services
may result in a denial of your application.
6. Police clearances

Individuals applying for adjustment of status
through a local USCIS office
If you are filing your Form I-485 with a local USCIS
office, include your medical examination report with
the application.

8. Fiancé(e)s
If you are a K-1 fiancé(e) or K-2 dependent who had a
medical examination within the past year as required for
the nonimmigrant fiancé(e) visa, you only need to submit
a vaccination supplement, not the entire medical report.
You may include the vaccination supplement with your
Form I-485.
9. Persons not required to have a
medical examination

DRAFT

If you are filing for adjustment of status as a member of a
special class described in an I-485 supplement form,
please read the instructions on the supplement form to see
if you need to obtain and submit police clearances, in
addition to the required fingerprints, with your
application.
7. Medical examination
When required, submit a medical examination report on
the form you have obtained from USCIS.
A. Individuals applying for adjustment of status
through a USCIS Service Center
i.

B.

Refugees: If you are applying for adjustment of
status one year after you were admitted as a
refugee, you only need to submit a vaccination
supplement with your Form I-485, not the entire
medical report, unless there were medical
grounds of inadmissibility that arose during the
initial examination that you had overseas.

General: If you are filing your Form I-485 with
a USCIS Service Center, include your medical
examination report with the application, unless
you are a refugee.

The medical report is not required if you are applying for
creation of a record for admission as a lawful permanent
resident under section 249 of the INA as someone who
has continuously resided in the United States since
January 1, 1972 (registry applicant).

13. Form G-325A, Biographic Information Sheet
You must submit a completed Form G-325A if you are
between 14 and 79 years of age.
14. Affidavit of Support/Employment Letter
A. Affidavit of Support
Submit an Affidavit of Support (Form I-864) if your
Form I-485 is based on your entry as a fiancé(e), a
relative visa petition (Form I-130) filed by your
relative, or an employment-based visa petition (Form
I-140) related to a business that is five percent or
more owned by your family.

Form I-485 Instructions (Rev. 12/05/08)Y Page 4

B. Employment Letter
If your Form I-485 is related to an employment-based
visa petition (Form I-140), you must submit a letter
on the letterhead of the petitioning employer which
confirms that the job on which the visa petition is
based is still available to you. The letter must also
state the salary that will be paid.
NOTE: The affidavit of support and/or employment
letter are not required if you are applying for creation of a
record based on continuous residence since before
January 1, 1972, asylum or refugee adjustment, or a
Cuban citizen or a spouse or unmarried child of a Cuban
citzen who was admitted after January 1, 1959.
15. Evidence of eligibility
A. Based on an immigrant petition
Attach a copy of the approval notice for an immigrant
petition that makes a visa number immediately
available to you, or submit a complete relative,
special immigrant juvenile, or special immigrant
military petition that, if approved, will make a visa
number immediately available to you.

17. Based on derivative status as the spouse or child of
another adjustment applicant or person granted
permanent residence based on issuance of an
immigrant visa
File your application with the application of the other
applicant, or with evidence that the application is pending
with USCIS or was approved, or with evidence that your
spouse or parent was granted permanent residence based
on an immigrant visa, and:
If you are applying as the spouse of that person, also
attach a copy of your marriage certificate and copies of
documents showing the legal termination of all other
marriages by you and your spouse;
If you are applying as the child of that person, attach also
a copy of your birth certificate and, if the other person is
not your parent, submit copies of evidence (such as a
marriage certificate and documents showing the legal
termination of all other marriages and an adoption decree)
to demonstrate that you qualify as his or her child.
18. Other basis for eligibility
Attach copies of documents proving that you are eligible
for the classification.

DRAFT

B. Based on admission as the K-1 fiancé(e) of a U. S.
citizen and subsequent marriage to that citizen
Attach a copy of the fiancé(e) petition approval
notice, a copy of your marriage certificate, and your
Form 1-94.
C. Based on asylum status
Attach a copy of the letter or Form 1-94 that shows
the date you were granted asylum.
D. Based on continuous residence in the United
States since before January 1, 1972
Attach copies of evidence that shows continuous
residence since before January 1, 1972.
16. Based on Cuban citizenship or nationality

Attach evidence of your citizenship or nationality, such as
a copy of your passport, birth certificate, or travel
document.

Where Should You File Form I-485?

Updated Filing Address Information
The filing addresses provided on this form reflect the most
current information as of the date this form was last printed. If
you are filing Form I-485 more than 30 days after the latest
edition date shown in the lower right-hand corner, please visit
our website at www.uscis.gov before you file, and check the
Forms and Fees page to confirm the correct filing address and
version currently in use. Check the edition date located at the
lower right-hand corner of the form. If the edition date on
your Form I-485 matches the edition date listed for Form
I-485 on the online Forms and Fees page, your version is
current and will be accepted by USCIS. If the edition date on
the online version is later, download a copy and use the online
version. If you do not have Internet access, call the National
Customer Service Center at 1-800-375-5283 to verify the
current filing address and edition date. Improperly filed
forms will be rejected, and the fee returned with
instructions to resubmit the entire filing using the current
form instructions.

Form I-485 Instructions (Rev. 12/05/08)Y Page 5

Form I-485 USCIS Lockbox Filing Address for
Local Office Filings:

For courier/express deliveries:
USCIS
Attn: FBAS
131 South Dearborn - 3rd Floor
Chicago, IL 60603-5517

If you are applying for adjustment of status under one of the
eligibility categories listed below, file your Form I-485 with
the USCIS Lockbox Facility.
1. Spouse, parent, unmarried son/daughter under age 21 of
a U.S. citizen with an approved or concurrently filed
Form I-130;
2. Beneficiary of an approved Form I-130 filed by a
qualifying relative;
3. Qualifying derivative, family-based beneficiary;
4. K-1 Fiancé(e) (and K-2 dependents) whose Form I-485 is
based on an approved Form I-129F;
5. Applicants who are beneficiaries of an approved Form
I-360, Petition for Amerasian, Widow(er), or Special
Immigrant, as a battered spouse or child;
6. Applicants eligible under the Cuban Adjustment Act of
November 2, 1965.
7. Diversity lottery winner eligible to file Form I-485;

Form I-485 Service Center Filing Addresses:
1.

Form I-485 is based on an underlying Form I-140,
Immigrant Petition for Alien Worker:
Form I-485 filed based on a concurrently filed, pending,
or approved Form I-140 must be filed with the Nebraska
Service Center or the Texas Service Center, depending on
where you live. If you wish to concurrently file your Form
I-485 and Form I-140, an immigrant visa number must be
immediately available at the time of filing.
NOTE: To facilitate acceptance and processing of Form
I-485 when Form I-140 has already been approved,
submit a copy of the Form I-140 approval notice. If Form
I-140 is pending, submit copies of the Form I-140 receipt
notice and the page of the DOL labor certification
showing the priority date (if labor certification is
required) or just a copy of the Form I-140 receipt notice
(but only if a labor certification is not required).

DRAFT

8. Public Interest Parolees from certain former Soviet and
Southeast Asian countries filing Form I-485 under Public
Law 101-167 (the "Lautenberg Amendment");
9. Registry applicant filing Form I-485 based on birth in the
United States to a foreign diplomatic officer;
10. Former diplomat filing Form I-485 under Section 13 of
the Immigration and Nationality Act;
11. Registry applicant filing Form I-485 based on continuous
residence in the U.S. since before January 1, 1972, or
12. Applicants who are beneficiaries of Private Bills:

USCIS Lockbox Addresses:
For U.S. Postal Service (USPS) deliveries:
USCIS
P.O. Box 805887
Chicago, IL 60680-4120

If you live in the following states: Alaska, Arizona,
California, Colorado, Guam, Hawaii, Idaho, Illinois,
Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri,
Montana, Nebraska, Nevada, North Dakota, Ohio,
Oregon, South Dakota, Utah, Washington, Wisconsin, or
Wyoming, the mailing address you must use is:
USCIS
Nebraska Service Center
P. O. Box 87485
Lincoln, NE 68501-7485
If you live in the following states: Alabama, Arkansas,
Connecticut, Delaware, Florida, Georgia, Kentucky,
Louisianna, Maine, Maryland, Massachusetts, Mississippi,
New Hampshire, New Jersey, New Mexico, New York,
North Carolina, South Carolina, Oklahoma, Pennsylvania,
Puerto Rico, Rhode Island, Tennessee, Texas, Vermont,
Virginia, U.S. Virgin Islands, West Virginia, or
Washington, DC, the mailing address you must use is:
USCIS
Texas Service Center
P. O. Box 851804
Mesquite, TX 75185-1804
Form I-485 Instructions (Rev. 12/05/08)Y Page 6

2.

Form I-485 is based on an underlying Form I-360,
Petition for Amerasian, Widow(er), or Special
Immigrant:

If you live in the following states: Alabama, Arkansas,
Connecticut, Delaware, Florida, Georgia, Kentucky,
Louisianna, Maine, Maryland, Massachusetts,
Mississippi, New Hampshire, New Jersey, New Mexico,
New York, North Carolina, South Carolina, Oklahoma,
Pennsylvania, Puerto Rico, Rhode Island, Tennessee,
Texas, Vermont, Virginia, U.S. Virgin Islands, West
Virginia, or Washington, DC, send your application to
the Texas Service Center:

A. Filing Address for International Organization
Employee or Family Member:
Form I-485 based on a concurrently filed, pending, or
approved Form I-360 for International Organization
Employee or eligible family member must be filed
with the Nebraska Service Center (see address
below).

USCIS
Texas Service Center
P.O. Box 851804
Mesquite, TX 75185-1804

B. Filing Address for Afghan and Iraqi Translators:
Form I-485 based on an approved Form I-360 for
Afghan and Iraqi Translators must be filed with the
Nebraska Service Center (see address below). You
cannot concurrently file Forms I-360 and I-485 for
this classification.

3.

NOTE: You cannot concurrently file Forms I-526 and
I-485.

C. Filing Address for Other Form I-360 Categories:

Regardless of your address or the location of the new
commercial enterprise, file Form I-485 based on an
approved Form I-526 to:

Form I-485 filed based on an approved Form I-360
for the following classifications must be filed with
the Nebraska Service Center or the Texas Service
Center, depending on where you live.

USCIS
California Service Center
P.O. Box 10526
Laguna Niguel, CA 92607-0526

DRAFT

NOTE: You cannot concurrently file Forms I-360 and
I-485 for the following classifications:
i. Religious Worker or Minister;

ii. Panama Canal Company Employment;
iii. U.S. Government in Canal Zone Employment;
iv. Special Immigrant Physician; or
v. International Broadcasters.
If you live in the following states: Alaska, Arizona,
California, Colorado, Guam, Hawaii, Idaho, Illinois,
Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri,
Montana, Nebraska, Nevada, North Dakota, Ohio,
Oregon, South Dakota, Utah, Washington, Wisconsin, or
Wyoming, send your application to the Nebraska Service
Center:
USCIS
Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485

Form I-485 is based on an underlying Form I-526,
Immigrant Petition by Alien Entrepreneur:

4.

Form I-485 is based on Asylum status:
Form I-485 based on asylum status must be filed with the
Nebraska Service Center or the Texas Service Center,
depending on where the applicant lives. If you are filing
Form I-131, Application for Travel Document, to enable
you to travel outside the United States while your
adjustment-of-status application is pending, you should
indicate that you are requesting a refugee travel
document. The relating Form I-131 for a Refugee Travel
document is filed with the Nebraska Service Center,
regardless of the Form I-485 filing location.
If you live in the following states: Alaska, Arizona,
California, Colorado, Guam, Hawaii, Idaho, Illinois,
Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri,
Montana, Nebraska, Nevada, North Dakota, Ohio,
Oregon, South Dakota, Utah, Washington, Wisconsin, or
Wyoming, the mailing address you must use is:
USCIS
Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
Form I-485 Instructions (Rev. 12/05/08)Y Page 7

If you live in the following states: Alabama, Arkansas,
Connecticut, Delaware, Florida, Georgia, Kentucky,
Louisiana, Maine, Maryland, Massachusetts, Mississippi,
New Hampshire, New Jersey, New Mexico, New York,
North Carolina, South Carolina, Oklahoma, Pennsylvania,
Puerto Rico, Rhode Island, Tennessee, Texas, Vermont,
Virginia, U.S. Virgin Islands, West Virginia, or
Washington, DC, send your application to the Texas
Service Center:
USCIS
Texas Service Center
P.O. Box 852211
Mesquite, TX 75185-2211
5.

Form I-485 is based on Refugee status:
Form I-485 based on refugee status must be filed with the
Nebraska Service Center:
USCIS
Nebraska Service Center
P.O. Box 87209
Lincoln, NE 68501-7209

6.

What Is the Filing Fee?
The filing fee for Form I-485 is $930.
An additional biometric fee of $80 is required when filing
your Form I-485. After you submit Form I-485, USCIS will
notify you about when and where to go for biometric services.
The fee is $930 only (no biometrics fee required) for
applicants under 14 years of age who submits Form I-485
independent from other family members.
The fee for a child under the age 14 years of age will be $600
when submitted concurrently for adjudication with the
application of a parent under sections 201(b)(A)(i), 203(a)(2)
(A), and 203(d) of the INA.
You may submit one check or money order for both the
application and biometric fees, for a total of $1010.
Use the following guidelines when you prepare your check or
money order for the Form I-485 and the biometric service fee:

Form I-485 is based on a HRIFA Dependent:

1. The check or money order must be drawn on a bank or
other financial institution located in the United States and
must be payable in U.S. currency; and

DRAFT

Only the spouse and children of the principal granted
legal status under HRIFA are eligible to apply for benefits
under HRIFA. The filing period for principal HRIFA
applicants has closed. Form I-485 for HRIFA dependents
must be filed at the Nebraska Service Center.
USCIS
Nebraska Service Center
P.O. Box 87245
Lincoln, NE 68501-7245

Questions Regarding Form I-485
For additional information about Form I-485, including how to
file your application or filing locations not mentioned, call the
USCIS National Customer Service Center at 1-800-375-5283
or visit our website at www.uscis.gov.

2. Make the check or money order payable to U.S.
Department of Homeland Security, unless:
A.

If you live in Guam, make it payable to Treasurer of
Guam.

B.

If you live in the U.S. Virgin Islands, make it payable
to Commissioner of Finance of the Virgin Islands.

NOTE: Effective July 30, 2007, if you file Form I-485, no
additional fee is required to also file an application for
employment authorization on Form I-765 and/or advance
parole on Form I-131. You may file these forms concurrently.
If you choose to file Form I-765 and/or Form I-131 separately
after the effective date, you must also submit a copy of your
Form I-797C, Notice of Action, receipt as evidence of the
filing of Form I-485.
NOTE: Please spell out U.S. Department of Homeland
Security; do not use the initials "USDHS" or "DHS."

Form I-485 Instructions (Rev. 12/05/08)Y Page 8

Notice to Those Making Payment by Check. If you send us
a check, it will be converted into an electronic funds transfer
(EFT). This means we will copy your check and use the
account information on it to electronically debit your account
for the amount of the check. The debit from your account will
usually take 24 hours and will be shown on your regular
account statement.
You will not receive your original check back. We will
destroy your original check, but we will keep a copy of it. If
the EFT cannot be processed for technical reasons, you
authorize us to process the copy in place of your original
check. If the EFT cannot be completed because of insufficient
funds, we may try to make the transfer up to two times.
How to Check If the Fees Are Correct
The form and biometric fees on this form are current as of the
edition date appearing in the lower right corner of this page.
However, because USCIS fees change periodically, you can
verify if the fees are correct by following one of the steps
below:
1. Visit our website at www.uscis.gov, select "Immigration
Forms," and check the appropriate fee;
2. Review the Fee Schedule included in your form package, if
you called us to request the form; or

For commercial overnight or fast freight services only, mail to:
U.S. Citizenship and Immigration Services
Change of Address
1084-I South Laurel Road
London, KY 40744

Processing Information
Any application that is not signed or is not accompanied by
the correct application fee will be rejected with a notice that
the application is deficient. You may correct the deficiency
and resubmit the application. An application is not
considered properly filed until accepted by USCIS.

Initial processing
Once an application has been accepted, it will be checked for
completeness, including submission of the required initial
evidence. If you do not completely fill out the form or file it
without required initial evidence, you will not establish a
basis for eligibility, and we may deny your application.

Requests for more information or interview
We may request more information or evidence, or we may
request that you appear at a USCIS office for an interview.
We may also request that you submit the originals of any
copy. We will return these originals when they are no longer
required.

DRAFT

3. Telephone our National Customer Service Center at
1-800-375-5283 and ask for the fee information.

NOTE: If your Form I-485 requires payment of a biometric
service fee for USCIS to take your fingerprints, photograph, or
signature, you can use the same procedure to obtain the correct
biometric fee.

Address Changes
If you change your address and you have an application or
petition pending with USCIS, you may change your address
on line at www.uscis.gov, click on "Change your address with
USCIS," and follow the prompts, or you may complete and
mail Form AR-11, Alien's Change of Address Card, to:
U.S. Citizenship and Immigration Services
Change of Address
P.O. Box 7134
London, KY 40742-7134

Interview
After you file your application, you may be notified to appear
at a USCIS office to answer questions about the application.
You will be required to answer these questions under oath or
affirmation. You must bring your Arrival-Departure Record
(Form I-94) and any passport or official travel document you
have to the interview.

Decision
You will be notified in writing of the decision on your
application.

Selective Service Registration
If you are a male at least 18 years of age, but not yet 26 years,
and required according to the Military Selective Service Act
to register with the Selective Service System, USCIS will
help you register.

Form I-485 Instructions (Rev. 12/05/08)Y Page 9

When your signed application is filed and accepted by
USCIS, we will transmit to the Selective Service System your
name, current address, Social Security number, date of birth,
and the date you filed the application. This action will enable
the Selective Service System to record your registration as of
the filing date of your application.
If USCIS does not accept your application and, if still so
required, you are responsible to register with the Selective
Service System by using other means, provided you are under
26 years of age. If you have already registered, the Selective
Service System will check its records to avoid any duplication.
(NOTE: Men 18 through 25 years of age who are applying
for student financial aid, government employment, or job
training benefits should register directly with the Selective
Service System or such benefits may be denied. Men can
register at a local post office or on the Internet at
http://www.sss.gov).

Travel outside the United States for under sections 209
and 245 of the Act, and Registry applicants under
section 249 of the Act
Your departure from the United States (including brief visits to
Canada or Mexico) constitutes an abandonment of your Form
I-485, unless you are granted permission to depart, and you are
inspected upon your return to the United States. Such
permission to travel is called ''advance parole.'' To request
advance parole, you must file Form I-131, Application for
Travel Document, with the appropriate fee at the USCIS office
where you applied for adjustment of status.

2. Warning:
Travel outside of the United States may trigger the three
and ten year bar to admission under section 212(a)(9)(B)
(i) of the Act for adjustment applicants, but not registry
applicants. This ground of inadmissibility is triggered if
you were unlawfully present in the United States (i.e., you
remained in the United States beyond the period of
authorized stay) for more than 180 days before you
applied for adjustment of status and you travel outside of
the United States while your Form I-485 is pending.
NOTE: Only unlawful presence that was accrued on or
after April 1, 1997, counts towards the three and ten year
bar under section 212(a)(9)(B)(i) of the Act.
If you become inadmissible under section 212(a)(9)(B)(i)
of the Act while your Form I-485 is pending, you will
need a waiver of inadmissibility under section 212(a)(9)
(B)(v) of the Act before your Form I-485 can be approved.
This waiver, however, is granted on a case-by-case basis
and in the exercise of discretion. It requires a showing of
extreme hardship to your U.S. citizen or lawful permanent
resident spouse or parent, unless you are a refugee or
asylee. For refugees and asylees, the waiver may be
granted for humanitarian reasons to assure family unity or
if it is otherwise in the public interest.

DRAFT

1. Exceptions
A. H, L, V, or K3/K4 nonimmigrants:
If you are an H, L,V, or K3/K4 nonimmigrant who
continues to maintain his or her status, you may travel
on a valid H, L, V, or K3/K4 visa without obtaining
advance parole.
B. Refugees and Asylees:
If you are applying for adjustment of status one year
after you were admitted as a refugee or one year after
you were granted asylum, you may travel outside the
United States on your valid refugee travel document,
if you have one, without the need to obtain advance
parole.

Penalties

If you knowingly and willfully falsify or conceal a material
fact or submit a false document with your Form I-485, we will
deny your Form I-485 and may deny any other immigration
benefit.
In addition, you will face severe penalties provided by law and
may be subject to criminal prosecution.

Privacy Act Notice
We ask for the information on this form, and associated
evidence, to determine if you have established eligibility for
the immigration benefit for which you are filing. Our legal
right to ask for this information can be found in the
Immigration and Nationality Act, as amended. We may
provide this information to other government agencies. Failure
to provide this information, and any requested evidence, may
delay a final decision or result in denial of your Form I-485.

Form I-485 Instructions (Rev. 12/05/08)Y Page 10

Paperwork Reduction Act
An agency may not conduct or sponsor an information
collection and a person is not required to respond to a
collection of information unless it displays a currently valid
OMB control number. The public reporting burden for this
collection of information is estimated at 5 hours and 15
minutes per response, including the time for reviewing
instructions, and completing and submitting the form. Send
comments regarding this burden estimate or any other aspect
of this collection of information, including suggestions for
reducing this burden, to: U.S. Citizenship and Immigration
Services, Regulatory Management Division, 111
Massachusetts Avenue, N.W., 3rd Floor, Suite 3008,
Washington, DC 20529. OMB No. 1615-0023. Do not mail
your application to this address.

DRAFT

Form I-485 Instructions (Rev. 12/05/08)Y Page 11