Filing Form I-485 is a crucial step for EB-5 investors seeking to adjust their status to that of a lawful permanent resident of the United States. This article will guide you through the purpose of Form I-485, its requirements, when to file, and what to expect during the process.
What Is Form I-485?
Form I-485, Application to Register Permanent Residence or Adjust Status, is used by individuals who are already in the United States on a nonimmigrant visa who wish to change their immigration status to that of a lawful permanent resident—that is, a green card holder. Some examples are holders of F-1 or H-1B visas who already study or work in the United States and wish to become permanent residents.
EB-5 investors should file this form after USCIS approves their I-526 or I-526E petition; Form I-485 allows applicants to adjust their status without having to leave the country. The filing fee for Form I-485 is $1,440 plus an $85 fee for the biometrics requirement.
What Are the Requirements for Filing Form I-485?
To file Form I-485 as an EB-5 investor, applicants must meet several requirements:
- Approval of your I-526 or I-526E petition: Applicants can file Form I-485 only once USCIS has approved their I-526 or I-526E petition.
- Presence in the US: Applicants must be physically present in the US on a valid visa or with another lawful status.
- Eligibility: To be eligible, applicants must provide a copy of Form I-797C, which they will receive upon approval of the I-526 or I-526E petition, and must have no disqualifying criminal history. Applicants will also provide biometrics and biographical information and undergo a medical examination.
- Records: USCIS also asks for copies of the applicant’s criminal record, birth certificate, marriage and divorce certificates, passport pages and their nonimmigrant visa.
When Should You File an I-485 in the EB-5 Process?
Form I-485 becomes relevant for those currently in the US on a valid visa only after USCIS approves their I-526 or I-526E petition. If you don’t have an existing status in the US, you will file a DS-260 application instead.
What to Expect After Filing Form I-485
Once you file Form I-485, USCIS will issue a receipt notice to confirm they have received your application. You may be scheduled for a biometrics appointment to collect your fingerprints and photograph. USCIS will then review your application, which may take several months.
During the waiting period, you can apply for work and travel authorization by submitting Form I-765 (Application for Employment Authorization) and Form I-131 (Application for Travel Documents). These forms allow EB-5 applicants to work in the US and travel internationally while their I-485 is pending.
Upon approval of your I-485, you will be granted conditional permanent resident status for two years. After this two-year period, EB-5 investors must file an I-829 petition to remove these conditions. Once USCIS approves your I-829 petition, you will be a legal permanent resident with a green card valid for 10 years.
LCR Capital Partners Can Guide You Through the EB-5 Process
Navigating the EB-5 process, including filing Form I-485 and other necessary forms, can be an overwhelming experience. LCR Capital Partners is the ideal partner to guide you through every step of the journey. With years of expertise in the EB-5 program, our dedicated team ensures that your application is handled with precision and care.
From helping you understand the requirements of each form to ensuring timely submissions and providing expert advice, we are committed to making your EB-5 experience as seamless as possible.
Don’t leave your residency journey to chance—talk to a member of our team today to learn how we can assist you in achieving your goal of US permanent residency. Let us help you turn your EB-5
