Forum I-485 (2024)

FAQs

Can I-485 be approved in 3 months? ›

Processing times fluctuate based on workload and resource limitations of the California Service Center. I-485 processing is significantly backlogged at the present time, but usually an I-485 should not take longer than 3-4 months to process.

All adjustment of status applicants must be interviewed by an officer unless the interview is waived by USCIS. The decision to waive the interview should be made on a case-by-case basis. The interview enables USCIS to verify important information about the applicant to determine eligibility for adjustment.

Expedited processing for Form I-485

Premium processing is not available for Form I-485, but you may be able to request expedited processing through the USCIS Contact Center.

A missing supporting document from the I-485 checklist, such as a certified police report for a moving violation or passport-style images, would serve as an example. Another illustration would be an application that was turned down because it was sent in after the deadlines indicated on filing charts.

You can expect the total I-485 processing time to be around 12-13 months. It may take two weeks for USCIS to accept your application and send you a confirmation receipt. You then will receive notice of your biometrics appointment, which you must attend.

What Is the 90-Day Rule? According to 9 FAM 302.9, an alien who engages in conduct inconsistent with their nonimmigrant status within a 90-day period of entering the US may become inadmissible for the Green Card or even permanently barred from entering the US.

USCIS will evaluate your application and accompanying materials without requiring an in-person interview if you are eligible for an interview waiver. This can speed up the procedure, but make sure your application is complete and well-prepared.

Implementation and Duration: The authority to waive in-person interviews is set to begin on January 1, 2024, and will undergo annual reviews.

Generally, if a benefit request does not have a legal basis for approval, and the officer determines there is no possibility additional evidence could establish a legal basis for approval, the officer should issue a denial without first issuing an RFE or NOID.

Another option may be to file a second I-485 application (file multiple I-485s), tied to the EB-2 I-140 petition. There is no specific prohibition against this. However, you should note that when USCIS is ready to adjudicate your I-485, the officer may try to consolidate the files.

Why 485 takes so long? ›

The processing times for the subclass 485 visa can vary between the Graduate Work Stream and the Post-Study Work Stream. Several factors can influence these processing times. For instance, an incomplete application due to missing documents, unclear information or errors can lead to delays in processing times.

After your I-485 form status updates to “Case is being actively reviewed by USCIS,” the time to the next step can vary. If USCIS approves your application, you might get an approval notice within a few months, but it could take longer. If USCIS needs more information, they'll send you a Request for Evidence (RFE).

During the same period, USCIS received 288,668 family-based applications to adjust status (Form I-485) and denied 44,181 applications. In fact, USCIS denied more than 16 percent of applications. This doesn't include the 11 percent that USCIS routinely rejects.

In cases where USCIS approves the concurrently filed I-140, USCIS will subsequently process the I-485 on a first in first out basis determined by the date the I-485 was filed. In cases where USCIS denies the concurrently filed I-140, USCIS will also deny the I-485, if there is no other basis for adjustment of status.

As long as there is not a denial that would result in an inadmissibility, such as fraud, you could continue to maintain your nonimmigrant status while you work to resolve the I-485 issues.

Many factors may affect how long it takes USCIS to complete an application, petition or request, such as the number of applications, petitions, or requests we receive, workload and staffing allocations, the time a benefit requestor takes responding to a request for more information, as well as policy and operational ...

I-485 Pending with an F-1 Visa

When you file the Form I-485 application you are allowed to remain in the U.S. without maintaining F-1 status. Although maintaining student status is not required once you file the I-485 there is a practical benefit to maintaining your legal F-1 status.

If AOS is filed as a standalone, ​then after your I-140 approval, you must wait for your priority date to be current as per the Visa Bulletin to file your adjustment of status I-485 (and of any dependents). This could take a few months to several years. The current priority dates can be found ​here​.

No. You can wait for USCIS to approve your I-140 petition before filing your I-485 application.