I-485 Application Summary
- Adjusts status from nonimmigrant to conditional permanent resident
- Filed by immigration attorney
- $985 fee plus $85 biometrics fee
- Link to the form on the USCIS website
What is the I-485 application?
Once their I-526 petitions are approved, immigrant investors can adjust their status within the United States to become U.S. conditional permanent residents. In order to do this the principal applicants and all of their dependents must each file an I-485 petition. This form is only for EB-5 investors that are already in the United States, if you are still in your home country you must file the DS-230 and process through your local U.S. consulate or embassy.
Form I-485 is the Application to Register Permanent Residence or Adjust Status. This form requires that each applicant disclose biographical information to USCIS so they can determine if the applicant is eligible for permanent residency. Form I-485 is typically filed on behalf of the applicant by an immigration attorney.
Components of the I-485 application
There are several requirements that EB-5 applicants must satisfy to have Form I-485 accepted by USCIS. Consult an immigration attorney who will assist you with the following requirements:
Applicant’s criminal history
Examples of evidence: official statements from law enforcement agents, court orders, probation records
A valid birth certificate, marriage certificate and all divorce certificates
Examples: copy of foreign birth certificate, copies of other suitable birth records
Copy of passport pages and non-immigrant visa
Photocopies of complete passport, all immigration related documents showing maintenance of U.S. status
Up-to-date photos of the applicant
Two identical color photographs of the applicant that have been taken within the past 30 days
Biometric services if applicants are between the ages of 14 and 79
USCIS notifies applicants of where they must obtain their biometric services after Form I-485 has been submitted; biometrics services include fingerprinting and sometimes require the applicant’s photograph and signature
Evidence: medical examination report; vaccination records
Those between 14 and 79 years of age must submit a completed form G-325A
Evidence of eligibility
A copy of form I-797C that the EB-5 applicant received upon the approval of the I-526 petition
Filing the I-485
The I-485 application is often filed by immigration attorneys on behalf of EB-5 program applicants. I-485 applications can be filed as soon as the I-526 petition is accepted, since there is currently no backlog in the EB-5 visa program. The filing fee for the I-485 application is $985 plus an $85 fee for the biometrics requirement. The biometrics fee is waived if the applicant is 79 years of age or older. The application is submitted by mail to the USCIS lockbox facility in Texas or Arizona, depending on where the EB-5 applicant currently resides.
The I-485 application is usually processed in 6 to 12 months and applicants are notified by USCIS by email or physical mail after their applicants have been processed. However, EB-5 applicants can obtain work and travel authorization while their I-485 application is being processed if they also file an I-765 Application for Employment Authorization and I-131 Application for Travel Document. EB-5 applicants become two year conditional permanent residents once their I-485 application is approved.
Two years after the applicant becomes a conditional permanent resident, the I-829 petition is filed to remove conditions and the EB-5 investor becomes a full permanent resident after the I-829 is approved by USCIS. This enables the investor, their spouse and their unmarried children under the age of 21 to permanently live and work in the United States.