Form I-485 is nearly the final step in an employment-based immigration application for people who are already in the United States. It is the application to change from a temporary status to permanent resident status without leaving the country. This article explains what Form I-485 is, who uses it and when it is filed.
For those currently in Vietnam, the final step instead goes through the consular route. Understanding this difference helps you know which case you fall under.
What is Form I-485
Theo U.S. Citizenship and Immigration Services (USCIS), this is the application for permanent residence or adjustment of status. It allows a person legally present in the United States to switch to permanent resident status from within the country, instead of having to process it through a consulate abroad.
This route is for those already present in the United States under some other lawful status. Once the application is approved, the applicant officially becomes a permanent resident and receives a Green Card. This is the step that turns the entire case into reality.
Who uses this form and who does not
Not everyone in the EB-3 category uses this form. Form I-485 is for those legally present in the United States at the time their priority date becomes current. Those currently in Vietnam do not use this form, and instead process their case through the consulate via a different route.
So for most Vietnamese applicants currently in the country, the final step usually goes through the consular route. Form I-485 mainly concerns those who previously entered the United States under a different status.
When the form can be filed
The timing for filing this form depends on the priority date and which table USCIS applies that month. Each month, this agency announces whether it is using the Dates for Filing table or the Final Action Dates table to determine who is eligible to file.
This is why tracking the Visa Bulletin every month matters so much. Filing at the right time can unlock accompanying benefits such as a work permit while waiting. Filing at the wrong time can result in the application being rejected.
Accompanying benefits while the application is pending
One advantage of this route is that while the application is pending, the applicant can generally apply for a work permit and a travel permit (advance parole). This helps maintain employment and travel during the wait for the final outcome.
However, these benefits come with their own conditions and procedures. You should look into them carefully or seek professional advice to make proper use of them, without affecting your main application.
Summary
Form I-485 is the step for adjusting status to receive a Green Card from within the United States, for those already lawfully present there. For applicants currently in Vietnam, the final step usually goes through the consular route. You should determine which case applies to you and track the Visa Bulletin to file at the right time.
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References
- U.S. Citizenship and Immigration Services (USCIS), Form I-485 – https://www.uscis.gov/i-485
Read more: Overview of the EB-3 visa for US immigration · US university tuition for permanent residents and in-state rates
