Form I-485 Guide

Process and Interfiling

Form I-485 Guide

Form I-485, officially known as the “Application to Register Permanent Residence or Adjust Status,” is a document used in the United States immigration process. This form is filed by individuals who are seeking to become lawful permanent residents of the United States, which is commonly referred to as obtaining a green card.

The I-485 application is typically submitted by individuals who are already present in the United States on a qualifying nonimmigrant visa, such as a fiance visa (K-1), student visa (F-1), or work visa (H-1B), and wish to adjust their status to that of a lawful permanent resident. It is also used by certain family members of U.S. citizens or permanent residents and individuals with approved asylum or refugee status who are eligible to apply for adjustment of status.

The I-485 application is a comprehensive form that collects information about the applicant’s background, immigration history, and eligibility for permanent residency. It requires supporting documentation, such as proof of identity, photographs, and other evidence to establish eligibility.

Once the I-485 application is filed and the necessary biometrics are taken, applicants may be called for an interview at a U.S. Citizenship and Immigration Services (USCIS) office. The interview allows USCIS to verify the information provided in the application and assess the applicant’s eligibility for permanent residency.

It’s important to note that immigration policies and procedures can change, so it’s advisable to check the USCIS website or consult with an immigration attorney for the most up-to-date information regarding the I-485 application process.

Table of Content

EB2 to EB3 Interfiling

Interfiling from EB-2 (Employment-Based Second Preference) to EB-3 (Employment-Based Third Preference) refers to the practice of changing the classification of a pending employment-based immigrant petition. Both EB-2 and EB-3 are employment-based immigrant visa categories in the United States.

In certain situations, an individual with an approved or pending EB-2 petition may consider interfiling to the EB-3 category.

Here’s a general overview of the concepts involved:

EB-2 and EB-3 Categories

  • EB-2: This category is for individuals with advanced degrees or exceptional abilities in their field. It includes professionals holding advanced degrees (beyond a bachelor’s degree) or individuals with exceptional abilities in the arts, sciences, or business.
  • EB-3: This category is for skilled workers, professionals with bachelor’s degrees, and other workers with less than two years of experience.

Process

  • To request an interfiling, applicants typically submit a written request to USCIS along with supporting documentation.
  • The request should include a cover letter explaining the request for interfiling, any changes in circumstances or qualifications, and any additional supporting evidence.

Considerations

  • Interfiling may depend on the availability of visa numbers in the EB-3 category and other factors.
  • USCIS may evaluate the case to ensure it meets the requirements of the requested category.

It’s crucial to note that immigration policies and procedures can change, so applicants should consult with an immigration attorney or check the latest guidance on the USCIS website for the most up-to-date information and instructions regarding interfiling between employment-based immigrant visa categories. Each case is unique, and the success of an interfiling request may depend on specific circumstances and eligibility criteria.

I-485 Interfiling Guide

You can interfile from EB3 to EB2 if your priority date is current.

EB3 to EB2 Interfiling Cover Letters

Generate EB3 to EB2 Interfiling Cover Letter with Barcodes.