You have secured your EB-3 visa and this is a crucial step towards permanent residency in the US. The American dream is now within reach. Congratulate yourself for making it this far.
It's time to settle into a new life. You need to find a home and a fulfilling career. Many opportunities await. But first, you have to your legal status—your Green Card. If you are applying for Adjustment of Status (AOS) within the United States, this guide is for you.
It focuses specifically on Adjustment of Status (Filing Form I-485). A streamlined process for those already in the US with a valid visa.
Unlike Consular Processing, AOS allows applicants to continue their stay in the United States during the process, while Consular Processing requires you to go to a U.S. consulate or embassy in your home country. This allows you to continue working and building your life in the U.S., and savescan save money and time spent on international travel, which is very financially burdensome and time-consuming.
Let's explore how to file for Form I-485 for a smooth transition to your American adventure.
Eligibility Check: Unlocking the Gate to Your Green Card
The I-485 application is ideal for you, but it's not a one-size-fits-all solution. Before you invest your time and energy, here's a breakdown of who can apply:
In the US with a Valid Visa: This is your first hurdle. You need to be in the US with a valid visa. This is the first step.
Basis for Permanent Residency: Here's where your EB-3 visa shines. You need approval for permanent residency, and the EB-3 visa works well here. Your employer filed this petition based on your job skills, which establishes your eligibility for permanent residency.
Dependents: The I-485 Adjustment of Status application is undoubtedly a huge advantage for the family of the EB-3 visa applicants who are living in the U.S.A. The family members can work with the principal EB-3 visa applicant to get their Green Cards at the same time. This makes the entire process shorter and perhaps less expensive. It is now possible for the husbands and wives and single kids under 21 of the approved EB-3 applicants to get their Green Cards without leaving the U.S.
Need to know if You Qualify? Don't Fret!If you need clarification on your eligibility, don't worry. Seek advice from an immigration consultant. They can evaluate your situation and recommend the ideal course. An expert’s assistance can be invaluable throughout the application journey. You can partner with InvestMigrate to keep you informed and help you throughout the process. |
Documents You Need to File I-485: An Essential Checklist for U.S. Adjustment
Collecting the required documents is highly beneficial in an I-485 regulating process. Below is a checklist in detail, accompanied by explanations and some examples,
I-94 Arrival/Departure Record: This is your I-94 that verifies your legal entry into the country and reveals your current immigration status in the US. You may locate your I-94 on the website or request a copy from USCIS.
Passport and Visa: Make sure your passport is valid for at least half a year past the end of your intended stay in the U.S. Remember to attach a copy of your valid EB-3 visa.
Birth Certificate: A certificate, either the original or a certified copy, is necessary.
Marriage Certificate (if applicable): A certified copy of a married couple's marriage certificate is required to prove the fact of their marriage.
Employment Verification Letters ( from U.S. employer(s)): Get a letter from your U.S. employer in the present position, name, wages, and date of the beginning urging kids to look around you for 1 minute while with their arms crossed having many benefits related to coding.
I-140 Approval Notice: Make sure to include a copy of the approved I-140 petition to show that your employer is your sponsor. If your US employer is not registered on E-Verify, you might need to ask them to provide that.
Police Certificates: Police checks (sometimes known as "Good Conduct Certificates") that originate from all the jurisdictions you have lived in for over six months once you are an adult (whether you are 16 or 18) must be provided by these countries.
Results of a Medical Examination: A medical doctor must hold a USCIS-approved examination. In addition, the doctor shall issue a sealed envelope containing your medical exam results to be submitted with your application.
Financial Documents (optional): You do not strictly need to share papers demonstrating your financial capability to sustain living in the USA, but including them can add more weight to your application.
Pro Tip:Always submit original documents or certified copies. USCIS will return any originals you include. Make high-quality photocopies of all documents for your records. |
How to Complete the I-485 Application: Expert Tips and Instructions
Form I-485 Application Fees
Submitting Form I-485 involves certain fees. Be financially ready for a smooth process. Here's a breakdown:
Form I-485 Filing Fee: This covers the application itself. Check the current cost on USCIS's site - usually a few hundred dollars.
Biometric Services Fee: A separate charge for fingerprints and photos.
Optional Fees: Extra fees may apply in some cases. For instance, separate filing fees are required if you're concurrently applying for employment authorization or advance parole (permission to travel outside the US while your application is pending).
USCIS offers a convenient fee calculator on their website to estimate the total cost for your specific case.
I-485 Processing Timelines
The processing time for Form I-485 can vary depending on several factors. USCIS provides estimated processing times on its website, allowing you to gauge the approximate timeframe for your application based on its type and the USCIS office handling it.
Here are some things that affect processing times:
USCIS workload: How many applications USCIS is working on slows it down.
Local USCIS office: The specific USCIS office working on yours can take more or less time.
Application details: Simple applications with all documents tend to move faster than complex ones needing more info or interviews.
You can't control how long it takes. But you can manage your outlook by knowing estimated timelines. USCIS will let you know your status through mail and online.
Achieving Permanent Residency in the U.S.: Steps After EB-3 Green Card Approval
When your I-485 form receives approval under the EB-3 category, you officially become a lawful permanent resident in the United States. Here's what happens next:
You'll receive your physical Green Card in the mail. This card serves as proof of your permanent resident status, allowing you to live and work in the U.S. indefinitely.
As a Green Card holder, you have specific rights and responsibilities. You can live and work permanently in the U.S., travel abroad, and petition for some family members. But you must obey laws, pay taxes, and maintain your status.
To keep your permanent resident status, avoid deportable offenses. Don't abandon your U.S. residence. File taxes regularly. It's advisable to renew your Green Card every ten years.
After holding a Green Card for some time (typically five years), you may be eligible to apply for U.S. citizenship. Becoming a citizen grants you additional rights like voting and running for public office.
Why Hire an Immigration Consultant?
Understanding U.S. immigration regulations can be complex. A seasoned immigration consultant can provide invaluable guidance during your AOS journey. Here's how an expert immigration consultant can assist:
Expertise and Knowledge: Immigration regulations are complex. They change frequently and incomprehensible changes occur. Immigration consultants specialize in this particular area and only have the latest knowledge of the laws. The Immigration consultants see to it that the application is done properly and is not against the law.
Application Processing and Review: An immigration consultant can guide you in the collection and sorting out of the required documents to avoid being turned down. They give feedback on your application so you can identify and fix any possible mistakes or oversights.
Time-Saving: The immigration system is labor-intensive and takes a lot of time as there are many documents to write. Some immigration consultants do these tasks rapidly, and as a result, you benefit from time and effort to work on the other crucial areas of your life.
Less Stress: Dealing with immigration can be a real hassle for anyone. To compensate for your worry and/or anxiety, immigration consultants can make the process much more comfortable by basically walking you through each stage of it.
Make the process smooth by opting for an immigration consultant. InvestMigrate has been providing immigration consulting services, and they have helped hundreds of people successfully savor the American dream with their expertise. Their skills help you avoid errors or delays. Get advice on complex issues like job changes or admissibility concerns.
InvestMigrate: Your Trusted Guide for Getting a Green Card
At InvestMigrate, we know how complex U.S. immigration is. Our skilled immigration consultant will guide you through it. We have the expertise to:
Evaluate if you qualify for I-485 with a thorough review.
Handle challenges like job changes or admissibility issues confidently.
Avoid errors and delays by guiding your application efficiently.
Increase your chances of success with personalized support.
Don't wait. Schedule your free consultation now!
Our dedicated team is ready. We'll answer questions and create a plan for your needs. With InvestMigrate, you can approach Adjustment of Status clearly and confidently.