I-485 Application Summary
- Adjusts status from nonimmigrant to conditional permanent resident
- Filed by immigration attorney
- $1,440 fee plus $85 biometrics fee
- Link to the form on the USCIS website
What is the I-485 application?
Immigrant investors can adjust their status within the United States to become conditional permanent residents. To do this, the principal applicants and their dependents must each file an I-485 petition. This form is only for EB-5 investors already in the United States. If you are still in your home country, you must file the DS-260 and process it 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 a 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 - Biometric services if applicants are between the ages of 14 and 78
USCIS notifies applicants of where they must obtain their biometric services after Form I-485 has been submitted; biometrics services include fingerprinting, the applicant’s photograph, and signature - Medical examination
Evidence: medical examination report; vaccination records - Biographic information
Those between 14 and 78 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. The filing fee is $1,440 plus an $85 fee for the biometrics requirement. The biometrics fee is waived if the applicant is 78 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 processing time for I-485 applications varies depending on USCIS field offices. After processing their applications, USCIS notifies applicants by email or physical mail. 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 an I-131 Application for Travel Document. Once their I-485 application is approved, EB-5 applicants become two-year conditional permanent residents.
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, spouse, and unmarried children under 21 to permanently live and work in the United States.
