When can I file my I-485 adjustment of status application?

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  4. When can I file my I-485 adjustment of status application?

The date when you may file Form I-485, Application to Adjust Status, depends on the basis of your application. In other words, it depends on your eligibility to file the application. Here’s a partial list of eligibility categories.

Based on a family-based immigrant petition (Form I-130), you may file Form I-485 once you:
  • Have an approved Form I-130 AND an immigrant visa number is immediately available to you; or
  • Are filing the application with Form I-130 AND an immigrant visa number will be immediately available to you because you are an immediate relative; or
  • Are the spouse or child derivative of the beneficiary described above AND that beneficiary may file Form I-485.

As you can see above, when you may file Form I-485 is highly dependent on your status as in either the immediate relative category or family preference category. Read Family-Based Immigration for a more extensive explanation of adjusting status through the family-based process.

Based on a fiancé-based petition (Form I-129F), you may file Form I-485 once you:
  • Entered the U.S. on a K-1 visa AND married the U.S. citizen who sponsored your I-129F petition within 90 days of your entry; or
  • Entered the U.S. as a K-2 child AND your K-1 parent is also eligible to file Form I-485.
Based on an employment-based immigrant petition (Form I-140), you may file Form I-485 once you:
  • Have an approved Form I-140 AND an immigrant visa number is immediately available to you; or
  • Are filing the application with Form I-140 AND an immigrant visa number will be immediately available to you.
Based on refugee status, you may file Form I-485 once you:
  • Have been granted refugee status AND have been physically present in the United States for at least one year after the grant; and
  • Continue to qualify as a refugee.
Based on Cuban citizenship or nationality, you may file Form I-485 once you:
  • Are a Cuban citizen who was admitted or paroled into the U.S. AND has been physically present in the United States for at least one year; or
  • Are the spouse or unmarried child of a Cuban described above AND have been physically present in the United States for at least one year.

There are other application types when applying to adjust status. The types listed above do not make up a complete.

Source: USCIS