I 485 Instructions Essay

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OMB No. 1615-0023; Expires 06/30/2015

Department of Homeland Security
U. S. Citizenship and Immigration Services

Instructions for I-485, Application to Register
Permanent Residence or Adjust Status
B. If you were admitted as the K-2 child of such a fiancé(e), you may apply to adjust status based on your parent's Form I-485.

What Is the Purpose of Form I-485?
This form is used by a person who is in the United States to apply to U.S. Citizenship and Immigration Services (USCIS) to adjust to permanent resident status or register for permanent residence. 4.

You may apply to adjust status after you have been granted asylum in the United States if you have been physically present in the United States for 1 year after the grant of asylum, provided you still qualify as an asylee or as the spouse or child of a refugee.

This form may also be used by certain Cuban nationals to request a change in the date that their permanent residence began. Who May File Form I-485?
1.

5.

Based on an immigrant petition

2.

An immigrant visa number is immediately available to you based on an approved immigrant petition; or

B.

You are filing this application with a completed relative petition, special immigrant juvenile petition, or special immigrant military petition which, if approved, would make an immigrant visa number immediately available to you.

6.

B.

If the spouse or child is in the United States, the individual derivatives may file their Form I-485 with
Form I-485 for the principal applicant, or file Form
I-485 at anytime after the principal's Form I-485 application is approved, if a visa number is available.
If the spouse or child is residing abroad, the person adjusting status in the United States should file Form I-824, Application for Action on an
Approved Application or Petition, together with the principal's Form I-485, to allow the derivatives to immigrate to the United States without delay if the principal's Form I-485 is approved.

A. You are a native or citizen of Cuba, were admitted or paroled into the United States after January 1, 1959, and thereafter have been physically present in the
United States for at least 1 year; or
B. You are the spouse or unmarried child of a Cuban described above and regardless of your nationality, you were admitted or paroled after January 1, 1959, and thereafter have been physically present in the
United States for at least 1 year.
7.

Based on admission as the fiancé(e) of a U.S. citizen and subsequent marriage to that citizen
A. You may apply to adjust status if you were admitted to the United States as the K-1 fiancé(e) of a U.S. citizen, and you married that citizen within 90 days of your entry.

Applying to change the date on which your permanent residence began
If you were granted permanent residence in the United
States prior to November 6, 1966, and are a native or citizen of Cuba, or you are the spouse or unmarried child of such an individual, you may ask to change the date your lawful permanent residence began to your date of arrival in the United States or May 2, 1964, whichever is later. 8.

NOTE: The fee submitted with Form I-824 will not be refunded if the principal's adjustment is not granted.
3.

Based on Cuban citizenship or nationality
You may apply to adjust status if:

Based on being the spouse or child (derivative) - at the time another adjustment applicant (principal) files to adjust status or at the time a person is granted permanent resident status in an immigrant category that allows derivative status for spouses and children
A.

Based on refugee status
You may apply to adjust status after you have been admitted as a refugee and have been physically present in the United States for 1 year following your admission, provided that your status has not been terminated.

You may apply to adjust your status if:
A.

Based on asylum status

Based on continuous residence since before January 1,
1972
You may apply for permanent residence if you have continuously resided in
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