Instructions For Form I-485 Application To Register Permanent Residence Or Adjust Status

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OMB No. 1615-0023; Expires 12/31/2018
Instructions for I-485, Application to Register
Department of Homeland Security
Permanent Residence or Adjust Status
U. S. Citizenship and Immigration Services
B. If you were admitted as the K-2 child of such a
What Is the Purpose of Form I-485?
fiancé(e), you may apply to adjust status based on
This form is used by a person who is in the United States to
your parent's Form I-485.
apply to U.S. Citizenship and Immigration Services (USCIS)
to adjust to permanent resident status or register for permanent
4. Based on asylum status
residence.
You may apply to adjust status after you have been
This form may also be used by certain Cuban nationals to
granted asylum in the United States if you have been
request a change in the date that their permanent residence
physically present in the United States for 1 year after the
began.
grant of asylum, provided you still qualify as an asylee or
as the spouse or child of a refugee.
Who May File Form I-485?
5. Based on refugee status
1. Based on an immigrant petition
You may apply to adjust status after you have been
admitted as a refugee and have been physically present in
You may apply to adjust your status if:
the United States for 1 year following your admission,
A. An immigrant visa number is immediately available
provided that your status has not been terminated.
to you based on an approved immigrant petition; or
6. Based on Cuban citizenship or nationality
B. You are filing this application with a completed
relative petition, special immigrant juvenile petition,
You may apply to adjust status if:
or special immigrant military petition which, if
A. You are a native or citizen of Cuba, were admitted or
approved, would make an immigrant visa number
paroled into the United States after January 1, 1959,
immediately available to you.
and thereafter have been physically present in the
United States for at least 1 year; or
2. Based on being the spouse or child (derivative) - at the
time another adjustment applicant (principal) files to
B. You are the spouse or unmarried child of a Cuban
adjust status or at the time a person is granted
described above and regardless of your nationality,
permanent resident status in an immigrant category
you were admitted or paroled after January 1, 1959,
that allows derivative status for spouses and children
and thereafter have been physically present in the
United States for at least 1 year.
A. If the spouse or child is in the United States, the
individual derivatives may file their Form I-485 with
7. Applying to change the date on which your permanent
Form I-485 for the principal applicant, or file Form
residence began
I-485 at anytime after the principal's Form I-485
application is approved, if a visa number is available.
If you were granted permanent residence in the United
States prior to November 6, 1966, and are a native or
B. If the spouse or child is residing abroad, the
citizen of Cuba, or you are the spouse or unmarried child
person adjusting status in the United States should
of such an individual, you may ask to change the date
file Form I-824, Application for Action on an
your lawful permanent residence began to your date of
Approved Application or Petition, together with the
arrival in the United States or May 2, 1964, whichever is
principal's Form I-485, to allow the derivatives to
later.
immigrate to the United States without delay if the
principal's Form I-485 is approved.
8. Based on continuous residence since before January 1,
1972
NOTE: The fee submitted with Form I-824 will not be
refunded if the principal's adjustment is not granted.
You may apply for permanent residence if you have
continuously resided in the United States since before
3. Based on admission as the fiancé(e) of a U.S. citizen
January 1, 1972. This is known as "Registry."
and subsequent marriage to that citizen
9. Priority date not current but valid
A. You may apply to adjust status if you were admitted
You may apply for adjustment of status due to a Priority
to the United States as the K-1 fiancé(e) of a U.S.
Date and Preference that are not current but valid under
citizen, and you married that citizen within 90 days of
the Child Status Protection Act or if you have a Western
your entry.
Hemisphere Priority Date.
Form I-485 Instructions 01/17/17 N Page 1

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