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The Form I-485, Adjustment Of Status, And Filing Fee

An Application to Register Permanent Residence or Adjust Status is the form I-485 which is the USCIS form you need to file in order to change your immigration status to permanent resident status. People who have entered the U.S. as a non-immigrant and who meet all the requirements for a green card in may be eligible to adjust their status in the following categories if they have entered the U.S. legally.

  • Family relationship
  • Employment
  • Fiancé(e) visa
  • Asylum or refugee status
  • Cuban citizenship/nationality

In order to get a green card, a person must meet all the requirements for permanent resident status in the U.S. to get adjustment of status. If someone belongs to one of the eligible categories, they can request an adjustment from their nonimmigrant status to that of permanent resident status by filing Form I-485.  One of the benefits of adjustment of status is that a person may get their green card while they are in the U.S. without returning to their native country to complete visa processing requirements. However, not all categories of nonimmigrants are eligible for a green card through adjustment of status. A Form I-485 may be complete either on your computer or by hand, however completing it on a computer is the best way as it generally helps you to avoid any errors.

A person who is ineligible for adjustment of status has to go through consular processing at an overseas U.S. Embassy or U.S. Consulate. Furthermore they must have an approved immigrant petition filed on their behalf. They can apply for an immigrant visa once it becomes available in their category. It is mandatory for every application to include the required form filing fee and the biometric services fee if applicable. The filing fee associated with a Form I-485 is $1,140 and $85 is the fee for biometric services. Filing fee for any applicants of or below the age of 13 is $750 if they are filing with their parent’s Form I-485. However, they will have to pay $1,140 if they are filing without their parent’s I-485 application.

The biometric services fee is applicable only to applicants between the ages of 14 and 79. Applicants below the age of 14 and above the age of 79 have to appear for a biometrics appointment even though they don’t have to pay the fee. Applicants who turn 14 while their applications are pending need to pay the $85 biometrics services before USCIS adjudicates their applications. People classified as refugees do not need to pay the I-485 form filing fee or the fee for biometrics services. Applicants that are unable to pay the fee may be absolved from having to pay it if they file a Form I-912, Request for Fee Waiver or submit a written request requesting USCIS to waive their fee. Along with the request for fee waiver they have to submit evidence of their inability to pay the fee.

People in deportation proceedings do not need to pay the form filing fee if the judge waives their fee. They need to request the judge to waive their fee by submitting required evidence of their inability to pay. Immigration law s a complex legal arena where a layman can easily get confused and harm their case if they are not guided by experienced legal counsel. If you are looking adjust your immigration status or have any other immigration related issue it is advisable to retain the services of Columbus immigration lawyer Sam Shihab so that you can successfully achieve your goals.

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