As an immigrant, one of the most important steps towards obtaining permanent residency in the United States is filing an I-485 application. This form, also known as the Application to Register Permanent Residence or Adjust Status, allows individuals who are already in the US to apply for a Green Card without having to leave the country. However, the process of obtaining a Green Card through the I-485 application can be lengthy and complex. In this article, we will discuss the processing time for I-485 applications by the United States Citizenship and Immigration Services (USCIS) and what factors can affect it.

What is the I-485 Application?

Before we delve into the processing time for I-485 applications, let’s first understand what this form is and who is eligible to file it. The I-485 application is used by individuals who are already in the US on a nonimmigrant visa or as a refugee or asylee, and wish to adjust their status to become a permanent resident. This form is also used by individuals who are outside the US and are eligible to apply for a Green Card through consular processing.

The I-485 application is a comprehensive form that collects biographic information, employment history, immigration history, and other personal details of the applicant. It also requires the submission of supporting documents such as birth certificates, marriage certificates, and police clearance certificates. Once the I-485 application is filed, the USCIS will review the form and conduct a background check on the applicant.

Understanding the Processing Time for I-485 Applications

The processing time for I-485 applications can vary greatly depending on a number of factors. According to the USCIS, the average processing time for I-485 applications is currently between 8 to 14 months. However, this timeframe can be longer or shorter depending on the workload of the USCIS, the complexity of the case, and any issues that may arise during the review process.

The USCIS has also implemented a new system called the National Benefits Center (NBC) to handle the processing of I-485 applications. This means that all applications are first sent to the NBC for initial processing before being transferred to a local USCIS office for further review. This can add an extra layer to the processing time, as the NBC may take longer to process the application before it is sent to the local office.

Factors That Can Affect the Processing Time for I-485 Applications

As mentioned earlier, there are several factors that can affect the processing time for I-485 applications. Some of these factors include:

• The USCIS workload: The USCIS receives a high volume of applications every year, which can result in longer processing times. This is especially true during peak immigration seasons.
• The complexity of the case: If the USCIS needs to conduct additional background checks or verify certain information, it can add to the processing time.
• Request for additional evidence: In some cases, the USCIS may request additional evidence or documentation from the applicant, which can delay the processing time.
• Incomplete or incorrect application: If the I-485 application is not filled out correctly or if supporting documents are missing, it can lead to delays in processing.

Tips to Avoid Delays in Processing Time

While the processing time for I-485 applications is largely out of the applicant’s control, there are some steps that can be taken to avoid unnecessary delays. These include:

• Filling out the application accurately and completely: It is important to carefully fill out the I-485 application and provide all required information and supporting documents.
• Responding promptly to any requests for additional evidence: If the USCIS requests additional evidence, it is important to respond as soon as possible to avoid further delays.
• Keeping track of the application status: Applicants can check the status of their I-485 application online through the USCIS website. If there are any delays or issues, it is important to follow up with the USCIS.
• Consulting with an immigration attorney: An experienced immigration attorney can help ensure that the I-485 application is filled out correctly and can assist with any issues that may arise during the processing time.

Conclusion

Obtaining a Green Card through the I-485 application process can be a long and complex journey. It is important for applicants to understand the processing time for I-485 applications and the factors that can affect it. By following the tips mentioned above and staying informed about the status of their application, applicants can help ensure a smooth and timely process.

FAQs

Q: Can I travel outside the US while my I-485 application is being processed?

A: If you have a valid nonimmigrant visa, you can travel outside the US while your I-485 application is being processed. However, it is important to consult with an immigration attorney before traveling to ensure that your travel will not affect your application.

Q: Can I work while my I-485 application is being processed?

A: If you have a valid Employment Authorization Document (EAD), you can work in the US while your I-485 application is being processed. However, it is important to note that the EAD is only valid for a certain period of time and may need to be renewed.

Q: How can I check the status of my I-485 application?

A: You can check the status of your I-485 application online through the USCIS website. You will need your receipt number, which can be found on the receipt notice that you received after filing your application.