I-485 Form

There are two basic types of applicants: principal and derivative.

A Principal Applicant is the primary or main intending immigrant named on an immigrant petition. If you are the only applicant in your family that is adjusting status, you are a principal applicant. Most people are principal applicants.

A Derivative Applicant is an intending immigrant who cannot be directly petitioned for, but who can acquire the ability to adjust status through the principal applicant. The spouse and/or unmarried child (under the age of 21) of an applicant generally receive the same or similar immigration benefits (green card) as the principal.

Example 1: John is a South African citizen with a wife and child (age 10). John’s brother is a U.S. citizen who filed Form I-130 to petition him for permanent resident status. John’s wife and child were also listed as family members on the I-130 petition. When John becomes eligible to file Form I-485 to adjust status, he will file as the principal applicant. It was he who was petitioned. His wife and child may also file individual I-485 applications as derivative applicants because their eligibility stemmed from the principal applicant (John).

Example 2: Maria and her daughter (age 15) are Mexican citizens. She recently married a U.S. citizen and they will all relocate to the United States. George, the U.S. citizen, files an I-130 petition for Maria and files a separate I-130 petition for his new step daughter. Both are immediate relatives and require their own petitions. Therefore, they are both principal applicants.

Source: USCIS

There are two basic types of applicants: principal and derivative.

A Principal Applicant is the primary or main intending immigrant named on an I-140 petition. If you are the only applicant in your family that is adjusting status, you are a principal applicant.

A Derivative Applicant is an intending immigrant who cannot be directly petitioned for, but who can acquire the ability to adjust status through the principal applicant. The spouse and/or unmarried child (under the age of 21) of an applicant generally receive the same or similar immigration benefits (green card) as the principal.

Example: Deepak is an Indian citizen with a wife and child (age 10). Deepak works for a U.S. business that is sponsoring him for a green card. The business filed Form I-140 to petition him for permanent resident status. Deepak’s wife and child were also listed as family members on the I-140 petition. When Deepak becomes eligible to file Form I-485 to adjust status, he will file as the principal applicant. His wife and child may also file individual I-485 applications as derivative applicants because their eligibility stemmed from the principal applicant (Deepak).

Source: USCIS

There are two basic types of applicants: principal and derivative.

A Principal Applicant is the primary or main intending immigrant named on a Registration for Classification as Refugee (Form I-590) or Application for Asylum and for Withholding of Removal (Form I-589). Alternatively, you may have an order of the immigration court granting asylum or refugee status. If you are the only applicant in your family that is adjusting status, you are a principal applicant.

A Derivative Applicant is an intending immigrant who may or may not be an asylee or refugee, but who can acquire the ability to adjust status through the principal applicant. The spouse and/or unmarried child (under the age of 21) of an applicant generally receive the same or similar immigration benefits (green card) as the principal.

Example: Adnan is a Syrian refugee with a wife and child (age 10). Adnan was granted refugee status. Subsequently, he filed a Refugee/Asylee Relative Petition (Form I-730) for his spouse and child. Adnan and his family (spouse and child) have been physically present in the United States for more than one year. Now they want to adjust status to become permanent residents. Adnan will file Form I-485 as the principal applicant. His wife and child may also file individual I-485 applications as derivative applicants because their eligibility stemmed from the principal applicant (Adnan).

Source: USCIS

Before you can apply for a green card as a refugee or asylee, you must have:

• Had your asylum or refugee status for at least one year; and
• Been physically present in the United States for at least one year since being admitted as an asylee or refugee.

When Physical Presence Starts
Only time spent in the United States counts towards the one-year physical presence requirement. Physical presence starts accruing on the date when both of the following statements become true:

• You have a grant of asylum or refugee status; and
• You are physically present in the U.S.

If your application for asylum or refugee status was approved before physically entering the United States, your physical presence begins accruing on the date you were admitted to the U.S.

If you physically entered the United States and then were granted asylum or refugee status, your physical presence begins accruing on the date you were granted status.

Deduct Absences
Any temporary absences from the United States should be subtracted from the time spent as an asylee or refugee. An applicant who travels outside the United States as an asylee or refugee will not meet the physical presence requirement until the cumulative amount of time spent in the United States equals one year.

Evidence
Evidence of asylum or refugee status can come from one of the following documents:

• Form I-94 Arrival/Departure Record – Almost every visitor to the U.S. receives an I-94 record. If you arrived by boat or airplane, you may be able to look up your I-94 record online.
• Form I-797, Notice of Action – You may receive an “approval notice” that USCIS has approved asylum or refugee status. The approval notice is the official notification that USCIS has approved a Registration for Classification as Refugee (Form I-590), Application for Asylum and for Withholding of Removal (Form I-589), or Refugee/Asylee Relative Petition (Form I-730).
• Order of the Court – In some cases, you may have an order of the immigration court granting asylum or refugee status.

These are important documents for you to keep safe. They prove your immigration status. You will also need a copy to submit with this application. We’ll remind you in your filing instructions.

Source: USCIS

There are two basic types of applicants: principal and derivative.

A Principal Applicant is the primary or main intending immigrant named on an immigrant petition (Form I-360). If you are the only applicant in your family that is adjusting status, you are a principal applicant. Most people are principal applicants.

A Derivative Applicant is an intending immigrant who cannot be directly petitioned for, but who can acquire the ability to adjust status through the principal applicant. The spouse and/or unmarried child (under the age of 21) of an applicant generally receive the same or similar immigration benefits (green card) as the principal.

Example: Ahmad is an Afghan national with a wife and child (age 10). Ahmad assisted the U.S. government as a translator and satisfied the requirements to file Form I-360. He listed his wife and child as family members on the I-360 petition. When Ahmad becomes eligible to file Form I-485 to adjust status, he will file as the principal applicant. He is the beneficiary of the I-360 petition. His wife and child may also file individual I-485 applications as derivative applicants because their eligibility stemmed from the principal applicant (Ahmad).

Source: USCIS

For most Special Immigrant categories, you may not file Form I-485 to adjust status until USCIS first approves your Form I-360, and a visa is immediately available.

For most applicants this means that you have:

1. Filed Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
2. Received an I-360 approval from USCIS
3. Received notification that a visa is immediately available to you based on an approved I-360 petition

In some cases, special immigrant juveniles and certain G-4/NATO-6 employees or family members may be able to file Form I-485 together with Form I-360, while Form I-360 is pending, or after your Form I-360 is approved. However, CitizenPath prefers that you work with an attorney in these situations.

Source: USCIS

USCIS asks for variations of your name. It is important that you provide all versions of your name to avoid confusion and maintain consistency with other legal documents.

Current Legal Name
Your current legal name is the name that identifies you for legal, administrative and other official purposes. Many people’s legal name is the name that appears on their birth certificate, but it may have changed through marriage or another form of legal name change.

Other Names
Your other names include any other names that you have used in the past. Usually this includes maiden names or a name that you used before a legal name change. However, it includes any name (including nick names) that you have used in various legal documents, bank accounts, ID cards (e.g. driver’s license, work permit), criminal records, and school records. If you have been publicly known by another name, you should include it here.

As you may have noticed, Hispanic/Latino is provided as a choice for ethnicity, but it is not provided as a choice for race. This is because USCIS (and the U.S. government) do not define Hispanic/Latino as a race.

For race, you must choose one or more of the values provided in the list. There is no wrong answer. You may answer the question with the race(s) you most closely identify.

Petitioner with origins from Cuba, Mexico, Puerto Rico, South or Central America, or any other Spanish culture or origin should choose the race(s) that fits best for your situation. Many Hispanic petitioners select “white” but others choose “black” or “American Indian.” (You may choose more than one.) There is no one single answer that works for all Hispanic people. The answer is individual to you.

Select the boxes that best describe your race. There is no wrong answer. You may answer the question with the race(s) you most closely identify.

White
A person having origins in any of the original peoples of Europe, the Middle East, or North Africa.

Asian
A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam.

Black or African American
A person having origins in any of the black racial groups of Africa.

American Indian or Alaska Native
A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment.

Native Hawaiian or Other Pacific Islander
A person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.

Also known as an A-Number or USCIS#, an Alien Registration Number is an 8 or 9 digit number. However, many people applying to adjust status will not have an A-Number. If you do not have an A-Number, you can leave this space blank. Only use a valid A-Number that was issued to you.

If you do have an A-Number, it can be found on some USCIS documents such as an I-797, Notice or Action. The A-Number can also be found on an Employment Authorization Card (work permit) if you have one.

In the example above, the A-Number is listed as “000-000-773” next to USCIS#.

If you have a Social Security number, you can find it on your Social Security card. Some other places that you can find your SSN are on tax returns, pay statements, and bank statements. However, if you do not have a valid Social Security number that was issued to you, leave this field empty. Using a false SSN will result in your application being rejected.

USCIS will process your application in the USCIS online filing system. The USCIS online account number is not the same as an A-Number. If you were issued a USCIS online account number, enter it in the space provided. If you do not have an account number (or do not know), you may leave this field empty.

If you do not have an existing USCIS online account, an online account will be automatically created for you. You will receive a “Welcome” letter with instructions on how to access your USCIS online account. A USCIS online account allows you to:

• Check the status of your application,
• Receive notifications and case updates, and
• Manage your contact information.

If you choose not to access your USCIS online account, USCIS will still process your application in the USCIS online filing system. You will also receive notifications and updates about your application by mail through the U.S. Postal Service.

Source: USCIS

An I-94 is the Arrival/Departure Record issued by U.S. Customs and Border Protection (CBP) when foreign nationals enter the United States with a non-immigrant visa or some other status. The I-94 record confirms that the immigrant is legally entering the United States in a specific status and period of time.

Electronic I-94 Record
Modern I-94 Arrival/Departure Records are available electronically if the foreigner traveled by air or sea. An electronic I-94 can be obtained by going to the CBP I-94 Website. If you are unable to find an electronic I-94, check your passport for a stamp. In some cases, CBP may provide an I-94 stamp instead.

Paper I-94 Record
CBP still issues a paper I-94 at land border ports of entry. Also, if you arrived to the United States via air or sea before May 2013, CBP probably issued a paper I-94. The I-94 is a paper card like the sample below. The I-94 number (also labeled as a departure number) is an 11-digit number generally found in the upper/left corner.

Advance Parole
If your most recent entry was done with an advance parole document (common for asylees, DACA, TPS and some other statuses), your I-94 may be stamped or attached to the advance parole document.

Canadian Temporary Visitors
Canadian visitors may not receive an I-94 at land border crossings. This is a lawful entry as long as the visitor had a valid visa or parole (including the Visa Waiver Program) at the time of entry.

If you are having trouble retrieving an I-94 from the CBP website, visit our knowledge base article on How to Find an Electronic I-94 Record for additional tips.

You can find the following items on an electronic or paper I-94 record. A sample electronic I-94 record is pictured below.

I-94 Number
The Admission (I-94) Record Number is a unique 11-digit alphanumeric number that is assigned to each specific entry into the United States.

Date of Arrival
This is the date of entry when the visitor arrived in the United States.

Admit Until Date
The Admit Until Date is the date the visitor is authorized to stay in the United States. For students, the date may be labeled “D/S” for Duration of Status.

Class of Admission
This is the immigration status that was used for entering the United States.

Source: CBP

Generally, immigration lawyers recommend that nonimmigrant visa holders do not file an application to adjust status (Form I-485) soon after entering the United States. Here’s why:

Nonimmigrant Intent
As a nonimmigrant visa holder, you made a promise to the U.S. government to return to your home country after the stated purpose of the trip (and by the expiration date of authorized stay). For example, temporary visa categories (such as B, F, E, J, M, O-2, P, Q, TN and visa waiver program visitors) have short-term activities assigned to them. Examples of short-term activities are tourism, business, education, and some employment.

Possible Visa Violation
By filing an application to change your visa type soon after entry, you trigger the presumption that immigrating permanently was your actual intention. The U.S. Department of State uses the 90-day rule as a guideline. Officers are to presume fraud when there’s a request to change status soon after entry.

By filing an application to change your visa type soon after entry, an adjustment of status applicant may trigger the suspicion that immigrating permanently was the actual intention.

If there’s reasonable belief that the nonimmigrant misrepresented the purpose of his or her travel at the time of the visa application or application for admission, immigration officials could deny a visa. For this to happen, there must be circumstance and/or the immigration official must have evidence that makes fraud more likely than not.

Although it is possible that people’s intents changed during the course of the trip, many immigration attorneys generally recommend that their clients wait. You may finish preparing the forms. But out of an abundance of caution, wait 90 days after entry to file an application.

To learn more about this topic, view our article about the 90-day rule.

Note: Not all nonimmigrant visas are affected by this. K, H, L, O, P and E visa holders are allowed to have dual intent (immigrant or nonimmigrant).

Source: U.S. Department of State

When a foreign national remains in the United States longer than the period of authorized stay, it’s called “overstaying" a visa.

Your visa may be valid for several years. However, the visa does not govern the length of your authorized stay in the U.S. -- it merely allows you to enter the United States during that time period. Instead, your Form I-94 governs your authorized stay in the United States. The date on your Form I-94 is the last day that you are permitted to remain in the U.S., and it may not be valid for as long as the visa is valid. You must depart the U.S. by the date on the Form I-94, or you will have overstayed the visa.

Overstaying a visa can have significant, long-term consequences. If you overstay a visa for 180 days or more (but less than one year), when you departs the U.S. you will be barred from reentering the U.S. for three years. If you overstay a visa for one year or more, when you depart the U.S. you will be barred from reentering the U.S. for 10 years. These bars to reentry will severely damage you attempts to obtain a green card.

Immediate Relative
If you are an immediate relative (spouse, unmarried minor child, or parent of a U.S. citizen), you may continue with this application if you overstayed the visa for a period of less than 180 days. You may resolve the overstay by adjusting status to permanent resident. If you are not comfortable doing this on your own, we highly encourage you to speak to an immigration attorney before filing any USCIS form.

If you were previously barred from reentering the U.S., we highly encourage you to speak to an immigration attorney before filing Form I-485. Only an attorney can provide you a thorough analysis of your situation.

Family Preference
If you are not an immediate relative as defined above, you are likely in a family preference category. ANY visa overstay is detrimental to your application. Therefore, if you have ever overstayed a visa, we encourage you to speak to an immigration attorney before filing any USCIS form.

Source: USCIS