If you are applying for a green card from within the United States, one of your biggest questions may be: how long does the I-485 process take? Form I-485, Application to Register Permanent Residence or Adjust Status, is used by eligible applicants to become lawful permanent residents without leaving the United States.
There is no single I-485 processing time that applies to everyone. Your timeline can depend on your green card category, USCIS workload, the field office handling your application, whether additional evidence is required, and the circumstances of your individual case.
What Is Form I-485?
Form I-485 is the application used by eligible individuals who are already in the United States to apply for lawful permanent resident status through adjustment of status.
Adjustment of status may be available through several immigration categories, including family-based and employment-based immigration. Eligibility requirements differ depending on the category, so being physically present in the United States does not automatically mean someone can file Form I-485.
How Long Does I-485 Processing Take?
I-485 processing times can vary considerably. Two applicants who submit similar cases may experience different timelines because their applications are handled by different USCIS offices or involve different circumstances.
USCIS publishes current processing information that applicants can use to estimate how long cases similar to theirs are taking. Because these estimates change, applicants should check the current USCIS processing times rather than relying on an older timeline found online.
The overall adjustment of status timeline can also depend on whether an immigrant visa is immediately available in the applicant’s category.
What Happens After Filing Form I-485?
After USCIS accepts your application, you should receive a receipt notice containing your case number. You can use this number to monitor your case status.
Depending on your circumstances, USCIS may then schedule a biometrics appointment. The agency will review your application, supporting documents, immigration history, and required background information.
Some applicants may also be scheduled for a green card interview before USCIS makes a final decision.
What Can Delay an I-485 Application?
Several issues can extend the I-485 processing timeline. Missing documents, incomplete information, background checks, or questions about eligibility may require additional review.
USCIS may also issue a Request for Evidence, commonly known as an RFE, if it determines that additional information or documentation is necessary. Responding accurately and before the deadline is important because an inadequate response can further delay the case or contribute to a denial.
Visa availability can also affect some adjustment of status cases. Applicants in preference categories may have to wait for an immigrant visa number to become available before USCIS can approve permanent residence.
Does a Green Card Interview Affect Processing Time?
USCIS may require an adjustment of status interview depending on the type of case and individual circumstances.
For marriage-based green card applications, the interview may focus on whether the marriage is genuine and not primarily entered into for immigration purposes. Applicants should be prepared to answer questions and provide supporting documentation when requested.
An interview does not necessarily mean there is a problem with your application. It is a normal part of the adjustment of status process for many applicants.
Can You Work While Form I-485 Is Pending?
Some adjustment of status applicants may qualify to apply for employment authorization while waiting for a decision on their green card.
Eligibility depends on the applicant’s circumstances and immigration category. Receiving an I-485 receipt notice by itself should not be treated as authorization to work.
Can You Travel While Your I-485 Is Pending?
International travel requires particular care while an adjustment of status application is pending.
Many applicants need Advance Parole before leaving the United States. Departing without the appropriate authorization can cause USCIS to consider an adjustment application abandoned, although exceptions apply to certain nonimmigrant categories.
Applicants with previous unlawful presence, removal proceedings, or other immigration complications should speak with an immigration attorney before leaving the United States.
What If Your I-485 Is Taking Too Long?
A delayed I-485 does not necessarily indicate that something is wrong. Applicants should first compare their case with current USCIS processing information and review their online case status.
If an application has been pending significantly beyond the expected processing period, additional options may be available. Depending on the circumstances, these can include submitting an inquiry or exploring legal remedies for an unreasonable immigration delay.
For particularly prolonged cases, an immigration attorney can also evaluate whether federal court action, such as a mandamus lawsuit, may be appropriate.
Get Help With Your Adjustment of Status Case
The I-485 process can involve much more than waiting for USCIS to make a decision. Eligibility questions, visa availability, RFEs, interviews, travel, and previous immigration issues can all affect the path to permanent residence.
BCA Law Firm helps individuals and families navigate adjustment of status and other green card matters. If you are preparing Form I-485 or your green card application has been delayed, contact BCA Law Firm to schedule a consultation and discuss your immigration options.