Before filing Form I-485
The filing process should begin with legal eligibility rather than the form itself.
Before submission, determine:
- The statutory provision authorizing adjustment;
- The immigrant petition, classification, or other basis supporting permanent residence;
- Whether the applicant satisfies inspection, admission, or parole requirements where applicable;
- Whether an INA §245(c) adjustment bar applies;
- Whether INA §245(i), §245(k), VAWA, SIJ, or another exception changes the analysis;
- Whether an immigrant visa is available when required;
- Whether any INA §212 inadmissibility ground applies;
- Whether USCIS has jurisdiction;
- Whether required supporting evidence is available; and
- Whether adverse facts should be addressed as part of the discretionary record.
A properly completed Form I-485 cannot cure a substantive legal defect in adjustment eligibility.
Use the current Form I-485 edition and complete it correctly
USCIS periodically revises Form I-485 and its instructions. Applicants should confirm the currently accepted edition directly on the USCIS Form I-485 page immediately before filing.
A filing should be reviewed for:
- Correct form edition;
- Complete responses;
- Consistent biographic and immigration history;
- Complete address and employment history where required;
- Accurate answers to inadmissibility and security questions;
- Required signatures;
- Required supplements;
- Correct filing fee or fee-exemption documentation where applicable; and
- Required initial evidence.
Where to file Form I-485
The correct filing location depends on the adjustment category, related petition, applicant location, and current USCIS filing instructions.
USCIS uses different lockbox or direct-filing locations for different categories. Filing addresses can change.
Jurisdiction also matters. A person in removal proceedings may be required to pursue adjustment before an immigration judge rather than filing with USCIS, subject to the specialized arriving-alien rules and other exceptions.
Initial evidence for Form I-485
The evidence required depends on the adjustment category and the facts of the case.
Common evidence includes:
- Identity documentation;
- Passport biographic page;
- Birth certificate or acceptable secondary evidence;
- Form I-94 or other admission or parole evidence;
- Immigrant petition approval notice or concurrently filed petition where permitted;
- Evidence of visa availability where relevant;
- Form I-693 where required;
- Form I-864 where required;
- Certified criminal records where applicable;
- Evidence supporting an adjustment-bar exception;
- Category-specific evidence; and
- Evidence addressing any known adverse immigration or discretionary issue.
Organize the filing around the legal elements the applicant must prove, not merely around a generic document checklist.
Form I-693 immigration medical examination
Adjustment applicants who are required to establish medical admissibility generally use Form I-693, Report of Immigration Medical Examination and Vaccination Record.
Form I-693 must generally accompany Form I-485 when required
USCIS changed its filing procedure beginning in late 2024. Applicants who are required to submit Form I-693 with Form I-485 generally must include the medical examination with the adjustment filing. USCIS may reject a Form I-485 when the required Form I-693 is omitted.
Current Form I-693 validity policy
On June 11, 2025, USCIS revised its Form I-693 validity policy.
Under the current policy, a properly completed Form I-693 is generally valid for the immigration benefit request with which it is submitted while that request remains pending.
If that benefit request is denied or withdrawn, the Form I-693 generally is no longer valid for a later, separate immigration benefit filing.
Special medical rules apply to certain applicants, including some K nonimmigrants, refugees, and asylees who previously completed medical examinations.
Form I-864 Affidavit of Support
Many family-sponsored immigrants and certain employment-based immigrants with qualifying family ownership relationships must satisfy the Affidavit of Support requirements under INA §213A.
A complete Form I-864 analysis can involve:
- Sponsor eligibility;
- U.S. domicile;
- Household size;
- Federal tax returns or transcripts;
- Current income;
- Assets;
- Joint sponsors;
- Household-member income; and
- Statutory exemptions from Form I-864.
Form I-485 filing fees
USCIS filing fees can change and can differ based on age, category, related benefit requests, and statutory fee exemptions.
Before filing, verify:
- The current Form I-485 fee;
- Whether a separate biometric-services fee applies;
- Whether Forms I-765 or I-131 require separate fees;
- Whether the category qualifies for a fee exemption or waiver;
- Whether Supplement A under INA §245(i) requires the statutory additional sum; and
- The payment methods accepted at the applicable filing location.
USCIS acceptance, rejection, and receipt notices
USCIS first determines whether the submission meets the basic requirements for acceptance.
A filing may be rejected for reasons such as:
- Incorrect filing fee;
- Missing required signature;
- Incorrect filing location;
- Use of an unacceptable form edition;
- Failure to include a required Form I-693;
- Failure to include required initial filing material; or
- Another defect preventing acceptance under the governing instructions.
Rejection generally means USCIS did not accept the filing for substantive adjudication. Denial is a decision on an application USCIS accepted and adjudicated.
Once accepted, USCIS generally issues a Form I-797 receipt notice with the case receipt number.
Biometrics and background checks
USCIS may require the applicant to appear for biometrics or may reuse biometrics previously captured where permitted.
Biometrics support:
- Identity verification;
- Fingerprint checks;
- Criminal-history screening;
- National-security screening; and
- Other required background investigations.
Failure to appear for a required biometrics appointment without appropriate action can result in adverse consequences, including possible denial for abandonment.
Request for Evidence and Notice of Intent to Deny
Request for Evidence
USCIS may issue an RFE when additional evidence is needed to determine eligibility.
Common I-485 RFEs can involve:
- Birth records;
- Admission or parole evidence;
- Form I-864;
- Medical documentation;
- Immigration status;
- Unauthorized employment;
- INA §245(i) or §245(k);
- Criminal records;
- Marriage evidence;
- Employment-based continuing eligibility; or
- Other missing evidence.
Notice of Intent to Deny
A NOID ordinarily means USCIS believes the current record supports denial but is providing an opportunity to respond before issuing a final decision.
Adjustment of status interview
USCIS may schedule an interview to determine eligibility, admissibility, credibility, the validity of the underlying immigrant classification, or another issue material to the adjustment application.
Depending on the case, interview topics can include:
- Identity and biographic history;
- Entry and immigration history;
- Family relationships;
- Employment history;
- Underlying immigrant petition eligibility;
- Inadmissibility questions;
- Criminal history;
- Prior visa or immigration applications;
- Prior statements to government officials;
- Continuing eligibility; and
- Facts relevant to the exercise of discretion.
Interview waivers
USCIS may waive an interview when permitted by law and current policy, but an applicant should not assume that a particular category will automatically receive a waiver.
USCIS can change interview criteria by category and may require an interview whenever necessary to resolve material issues.
Interpreters and accommodations
Applicants who require an interpreter should follow the current USCIS interview instructions. Applicants with disabilities or other qualifying needs may request reasonable accommodations through USCIS procedures.
Discretion in the Form I-485 adjudication
Ordinary adjustment under INA §245(a) is discretionary. Satisfying the statutory eligibility requirements does not automatically require USCIS to approve the application.
USCIS Policy Memorandum PM-602-0199 directs adjudicators, where adjustment is discretionary, to examine all relevant positive and negative information under the totality of the circumstances.
Potential considerations include:
- Compliance with immigration laws;
- Compliance with current and prior immigration status;
- Unauthorized employment;
- Prior immigration violations;
- Statements made in visa applications or during admission or parole;
- Conduct after admission or parole;
- Criminal or other adverse conduct;
- Family ties;
- Employment history;
- Humanitarian considerations;
- Moral character; and
- Other facts bearing on whether adjustment should be granted.
When USCIS denies an adjustment application as an unfavorable exercise of discretion, current policy instructs the officer to identify the favorable and unfavorable factors considered and explain why the negative factors outweigh the positive factors.
The final USCIS decision
USCIS can approve Form I-485 only when all requirements applicable to the case have been satisfied.
Before approval, USCIS may need to determine:
- The applicant remains eligible for the underlying immigrant classification;
- An immigrant visa is immediately available where required;
- The applicant satisfies INA §245 or the applicable special adjustment statute;
- The applicant is admissible or has obtained required relief;
- Required security and background checks are complete;
- Required medical and financial-sponsorship evidence is sufficient;
- No intervening event has destroyed eligibility; and
- The applicant warrants favorable discretion where applicable.
Approval
If approved, the applicant becomes a lawful permanent resident as of the legally effective adjustment date. Some applicants receive conditional permanent residence under statutes such as INA §216 or EB-5 conditional-residence provisions.
Denial
A denial notice should state the basis for the decision and identify any available motion procedure.
Ordinary USCIS denial of Form I-485 under INA §245 generally does not carry a direct administrative appeal, although a motion to reopen or reconsider, refiling, renewed adjustment before an immigration judge where jurisdiction exists, or another remedy may be available.
USCIS and immigration-court jurisdiction
Form I-485 cannot be analyzed independently of jurisdiction.
| Procedural Posture | General Rule |
|---|---|
| No removal proceedings | USCIS generally has adjustment jurisdiction. |
| Removal proceedings pending, non-arriving alien | The immigration judge generally has exclusive adjustment jurisdiction. |
| Arriving alien in removal proceedings | USCIS generally retains jurisdiction, subject to the specialized regulatory immigration-judge exception. |
| Proceedings terminated or dismissed | USCIS generally regains jurisdiction, but the existing filing history should be reviewed before submitting a new I-485. |
Unavailable civil records and secondary evidence
Some applicants cannot obtain a required birth, marriage, death, court, or other official record because the record was never created, was destroyed, or is unavailable from the responsible authority.
Depending on the applicable evidence rules, the applicant may need:
- An official statement of nonavailability;
- Secondary documentary evidence;
- School or religious records;
- Government records;
- Contemporaneous family documents;
- Sworn affidavits from persons with direct knowledge; or
- Other reliable evidence establishing the underlying fact.
Burden and standard of proof
The adjustment applicant bears the burden of establishing eligibility for the immigration benefit sought.
In ordinary benefit adjudications, factual eligibility is generally established by a preponderance of the evidence unless a statute, regulation, or particular issue imposes a different standard.
The evidence generally must show that the fact to be proved is more likely than not true.
Certain adjustment issues use different statutory standards. For example, the bona fide marriage exception applicable to specified marriages entered during proceedings under INA §245(e)(3) requires clear and convincing evidence.
The applicant also bears the burden of establishing admissibility when seeking admission as a permanent resident through adjustment.