Ready to apply for your green card without leaving the United States?
Form I-485, Application to Register Permanent Residence or Adjust Status, is the application a person files with USCIS to become a permanent resident without leaving the United States. It is an application, not a visa. It is usually filed by the spouse, unmarried child under 21 or parent of a US citizen who is 21 or older, or by the spouse of a permanent resident once a visa number is available. At HBM Law Offices, Attorney Himani Bhardwaj handles family based green cards.
What Form I-485 is and who can file it
Form I-485 is how a qualifying relative already in the US applies for permanent residence, and eligibility depends first on how that person entered.
The form itself
Form I-485 is the application to become a permanent resident from inside the US, and you must be physically present in the US to file it. Since September 18, 2026, USCIS accepts only the 09/18/26 edition and rejects older editions, with no grace period.
A lawful entry
You must have been inspected and admitted, or inspected and paroled, into the United States. If you were not, USCIS must deny the application. The exceptions are applicants under INA 245(i) and VAWA applicants.
Immediate relatives of citizens
The spouse, the unmarried child under 21 and the parent of a US citizen aged 21 or over are immediate relatives, and a visa is always available to them. The bars for being out of status, for past unauthorized work and for a Visa Waiver entry do not apply to them.
Spouses of green card holders
The spouse of a permanent resident (category F2A) can file only when a visa number is available under that month's USCIS filing chart. For October 2026, USCIS uses the Dates for Filing chart, and F2A is current for every country. F2A applicants must also prove they have kept lawful status since they arrived.
K-1 fiancé(e)s
A person admitted on a K-1 visa adjusts only through marriage to the US citizen who filed the fiancé(e) petition, within 90 days of admission. Form I-485 can be filed as soon as that marriage takes place.
A matter of discretion
Meeting every rule is not the end of the review, because adjustment also requires a favorable exercise of discretion. A USCIS policy memo of May 21, 2026 calls adjustment a matter of discretion and says a failure to keep status or to depart as expected is highly relevant. A past violation can be weighed even where it is not a bar.
Entry without inspection
A person who was not inspected and admitted or paroled cannot adjust status unless INA 245(i) or VAWA applies. The other route is consular processing abroad, and some people can apply for a provisional unlawful presence waiver on Form I-601A before they leave.
Cases we take
HBM Law Offices handles adjustment of status for spouses, parents and children of US citizens, spouses and children of green card holders, and K-1 fiancé(e)s after the marriage, including cases with an overstay, a Visa Waiver entry or unauthorized work. Cases with a prior arrest or conviction are accepted after we review the certified court dispositions and the specific case details. We do not take cases for individuals currently in removal proceedings in immigration court.
What are the steps in an I-485 filing?
Eligibility review
Before anything is filed, the first questions are how you entered, your status history, any earlier filings and anything that could make you inadmissible. Some problems can be overcome with a waiver, and each one requires an attorney's assessment.
Medical exam
A civil surgeon completes Form I-693, the immigration medical exam report. Since December 2, 2024 it must be filed with the I-485, or USCIS may reject the package.
Filing the package
An immediate relative of a US citizen can file Form I-130, Petition for Alien Relative, and Form I-485 together, with Form I-765 for a work permit and Form I-131 for travel. Paper filings from Iowa go to the USCIS Elgin Lockbox, and USCIS also offers online filing to certain applicants and their representatives.
Receipt and biometrics
USCIS sends receipt notices and may schedule an appointment for fingerprints, a photograph and a signature. Missing that appointment can lead to denial.
Work and travel permission
A work permit in category (c)(9) can be requested with the I-485 or later and is valid for up to 18 months. Leaving the US without advance parole, even for a short trip, abandons the application in most cases.
The interview
USCIS interviews every adjustment applicant unless it waives the interview case by case, and spouses are not among the categories its policy lists for a waiver. The petitioning spouse is generally required to attend, at the field office for the place where you live.
The decision
USCIS decides the petition first, then the application, and mails a separate notice for each. If the marriage is less than two years old on the day of approval, the green card is conditional and valid for two years.
What goes in the I-485 package
Forms
- Form I-485, edition 09/18/26 only
- Form I-130 with its fee, or its receipt or approval notice if filed earlier
- Copy of the civil marriage certificate, sent with Form I-130 (a spouse also files Form I-130A)
- Form I-693 from the civil surgeon, in the sealed envelope if filing on paper
- Form I-765 for a work permit, optional
- Form I-131 for advance parole, optional
- Form I-864, Affidavit of Support, signed by the US citizen sponsor, with the sponsor's tax evidence
Identity and entry
- Two identical passport-style color photos
- Copy of a government-issued photo ID
- Birth certificate that lists at least one parent
- Passport page with the visa or admission stamp
- Form I-94 record for your most recent entry
Sponsor and finances
- Form I-864, Affidavit of Support, edition 08/24/26 only
- Sponsor's federal tax return or IRS transcript for the most recent tax year
- Sponsor income of at least 125 percent of the 2026 poverty guidelines ($27,050 for a household of two in the 48 states), or assets to cover the gap
- A joint sponsor if income falls short (a joint sponsor need not be a relative)
- Optional: an employer letter and six months of pay stubs
Only if they apply
- Divorce decree or death certificate for every earlier marriage of either spouse
- Certified police and court records for any arrest or charge, even if sealed or expunged
- Waiver forms, such as Form I-601, if a ground of inadmissibility applies
- Former J-1 or J-2 subject to the two-year home residence rule: proof it was met or waived, or a favorable State Department waiver recommendation
- Full English translation of any foreign-language document, with the translator's signed certification
- Spouse of a permanent resident: proof of continuous lawful status
Which public charge rule applies to your filing
The 2022 rule still applies
An application postmarked or submitted online on or after December 23, 2022 and before September 18, 2026 is decided under the 2022 regulations, even if the decision comes later. Under those regulations, a sufficient affidavit of support is weighed in the applicant's favor.
The 2026 rule, 91 FR 45324
The officer looks at the five factors in the statute (age, health, family status, finances, and education and skills), any means-tested benefits, and the case as a whole. Benefits received before September 18, 2026 count only if they were cash assistance for income maintenance or long-term institutional care at government expense. A sufficient affidavit of support is still required but no longer counts in your favor automatically. The new form asks about household, income, assets, debts, education, skills and benefits.
How long it takes and what it costs
USCIS posts a processing time for each field office on its processing times page, with the date the figure was updated. This page does not publish a month range, because that figure changes. A case usually moves through receipt notices, biometrics if USCIS schedules them, the interview at the local field office, and then the decisions on the petition and the application.
If the fee in the package is wrong, USCIS rejects the package. Since August 5, 2026, under Policy Alert PA-2026-05, USCIS may also deny a filing that lacks required initial evidence without first sending a Request for Evidence or a Notice of Intent to Deny, and filing fees are generally not refunded. Some other USCIS fees change on October 16, 2026. None of them is a fee for the forms in a standard marriage based package, and fees are checked again on the filing day.
Added together for one adult in a typical marriage case, the USCIS fees come to $3,005 on paper or $2,855 online for all four forms (Form I-130, Form I-485, the work permit and the travel document), and $2,115 on paper or $2,015 online for Form I-130 and Form I-485 alone. These totals are sums of the fees listed below, not a figure USCIS publishes, and they leave out the civil surgeon's charge and legal fees. They use the $260 fee for a work permit request filed in the same package as Form I-485, which is the usual reading of the fee schedule.
Legal fees are not displayed on the website and are discussed during the consultation, as every immigration case is unique and requires detailed analysis based on its specific complexities. If you retain HBM Law Offices for your case, the consultation fee is credited toward your legal fees.
These are the USCIS fees as of October 2, 2026, from Form G-1055, Fee Schedule (edition 10/01/26). Form I-864 and Form I-693 have no USCIS fee, biometrics are included in the I-485 fee, and the civil surgeon sets the fee for the medical examination.
- Form I-485, applicant aged 14 or over: $1,440 on paper, $1,390 online
- Form I-485, child under 14 filing with a parent: $950 on paper, $900 online
- Form I-130: $675 on paper, $625 online
- Form I-765 work permit, when Form I-485 was filed with a fee on or after April 1, 2024 and is still pending: $260
- Form I-131 advance parole (travel document): $630 on paper, $580 online
If USCIS sends an RFE, a NOID or a denial
A rejection at intake is not a denial. A package on an old form edition, with a wrong fee or with a missing signature is returned without a decision. It keeps no filing date and cannot be appealed, but a corrected package can be filed again.
A Request for Evidence (RFE) or a Notice of Intent to Deny (NOID) carries a deadline that cannot be extended: up to 12 weeks (84 days) for an RFE and up to 30 days for a NOID, plus 3 days if the notice was mailed. The notice may set a shorter time, and the date on the notice is the one that counts. USCIS treats a partial reply as a request to decide the case on the record, so everything belongs in one complete response. Under Policy Alert PA-2026-05 of August 5, 2026, USCIS may also deny a filing that lacks required initial evidence without first sending an RFE or NOID.
With rare exceptions, there is no appeal from a USCIS denial of Form I-485. The options at USCIS are a motion to reopen or reconsider on Form I-290B, which costs $800 and is due within 30 days of the decision (33 days if it was mailed), or a new application. After a denial, unlawful presence starts to count again the next day unless the person holds another status. Under a USCIS policy memo of February 28, 2025, a denial can also lead to a Notice to Appear in immigration court where the person is not lawfully present.
Each of these situations depends on the exact notice, the dates and the person's history, and each one requires an attorney's assessment. HBM Law Offices also has a separate page about RFEs, NOIDs and denied cases. During the consultation, we will advise which steps we can handle and which may need to be referred elsewhere.
- Motion to reopen: new facts, backed by documents, that show eligibility as of the original filing date.
- Motion to reconsider: an argument that USCIS misapplied the law or policy to the record as it stood, with no new evidence.
- New application: new fees, a new medical exam, and the rules in force on the new filing date, including the 2026 public charge rule.
- Renewal in immigration court: if removal proceedings begin, a person who is not an arriving alien can ask the immigration judge to decide the application again.
Frequently asked questions
01How much does it cost to file Form I-485 in 2026?
Form I-485 costs $1,440 on paper or $1,390 online for an applicant aged 14 or over, as of October 2, 2026. A child under 14 filing with a parent pays $950 on paper or $900 online. Added together for one adult in a marriage case that also includes Form I-130, a work permit and a travel document, the USCIS fees come to $3,005 on paper or $2,855 online. The medical exam and legal fees are separate.
02How long does a marriage-based I-485 take?
No fixed time applies to a marriage-based Form I-485. USCIS posts a current processing time for each field office on its processing times page, however these figures are frequently updated and subject to change. A marriage case usually moves through receipt notices, biometrics and the interview, and USCIS decides the underlying petition (Form I-130) before the adjustment of status application. The interview takes place at the field office for the place where you live.
03Can I file Form I-130 and Form I-485 at the same time?
Yes, if you are the spouse, the unmarried child under 21 or the parent of a US citizen aged 21 or over, you may file it concurrently because a visa is always available to immediate relatives. In contrast, the spouse of a permanent resident can file both together only when a visa number is available under that month's Visa Bulletin chart that USCIS designates for that month. Online, only a representative such as an attorney can file Forms I-130 and I-485 together; an applicant filing online without one must wait for the I-130 receipt notice.
04Can I work while my I-485 is pending?
Yes, once USCIS approves the Employment Authorization Document (work permit) based on the pending Form I-485, you are authorized to work in the United States. This request is submitted through Form I-765 under category (c)(9), either with the I-485 or later. As of October 2, 2026 the USCIS fee is $260 provided that the Form I-485 was filed with a fee on or after April 1, 2024 and is still pending. The employment authorization card is valid for up to 18 months and its validity depends on the Form I-485 application remaining pending.
05Can I travel outside the United States while my I-485 is pending?
In most cases, you can travel only with an advance parole. Leaving without it, even for a short trip to Canada or Mexico, abandons a pending Form I-485 unless a narrow exception applies, such as an H-1B or L worker in valid status. A recent Board of Immigration Appeals decision of August 13, 2026 ruled that traveling on advance parole can count as a departure for the unlawful presence bars, so anyone with a past overstay should seek advice from an experienced immigration lawyer before traveling abroad. Even with advance parole, an entry is not guaranteed. CBP decides at the port of entry whether to parole the Applicant back into the United States.
Unless there is a compelling reason to travel abroad, the recommendation is to wait until the approval of adjustment of status and then travel with a green card (and peace of mind).
06Is a visa overstay forgiven if I marry a US citizen?
Not forgiven, but for the spouse of a US citizen who entered lawfully, an overstay or past unauthorized work is not a bar to adjusting status. USCIS still decides the case in its discretion, and a policy memo of May 21, 2026 says a failure to keep status or to depart as expected is highly relevant. The spouse of a permanent resident must show continuous lawful status, so an overstay is usually a bar. Entry without inspection is a separate issue.
If you plan to apply for adjustment of status and you were out of status at time of applying, it is crucial you seek the advice of an immigration attorney to review the discretionary factors that are favorable to your case and whether they outweigh the negative factor of overstaying in the totality of circumstances analysis. Speaking with an immigration attorney experienced with your field office can provide further insight into trends and sticking points at the local field office.
07Does the new public charge rule apply to my case?
The 2026 public charge rule applies if your Form I-485 was postmarked or submitted online on or after September 18, 2026. An application filed on or after December 23, 2022 and before September 18, 2026 is decided under the 2022 regulations, even if the decision comes later. Under the 2026 rule, benefits received before September 18, 2026 count only if they were cash assistance for income maintenance or long-term institutional care at government expense.
08Can USCIS deny my I-485 without sending a Request for Evidence?
Yes. Under Policy Alert PA-2026-05 of August 5, 2026, USCIS may deny a Form I-485 that lacks required initial evidence without first sending a Request for Evidence or a Notice of Intent to Deny. The policy gives officers discretion to request the missing evidence or deny the case. The policy took effect immediately and applies to all immigration benefits pending on or filed after August 5, 2026.
09Can I appeal if my I-485 is denied?
In almost every family based case, no. With rare exceptions, there is no appeal from a USCIS denial of Form I-485. The options at USCIS are a motion to reopen or reconsider on Form I-290B, which costs $800 as of October 2, 2026 and is due within 30 days of the decision (33 days if it was mailed), or a new application with new fees. Which option fits depends on why the case was denied, which requires an attorney's assessment.
Talk to Attorney Bhardwaj about your adjustment of status.
Schedule a 45-minute consultation over video call with Attorney Bhardwaj to have your case assessed. We are fluent in English, Hindi, and Español.
What to expect
- 1Schedule the paid consultation
Tell us your story and schedule the 45-minute consultation.
- 2Join the video call
Once the consultation is scheduled and paid for, you will receive the email containing the date and time, and the link for the video call.
- 3We start working on your case
If you decide we are a good fit, we require an initial payment to enter into an Attorney-Client relationship with you and to begin working on your case. We accept online payments by credit or debit card or by checks.
Why Choose Us?
Other Immigration Services Not Listed Here?
If you have searched “immigration lawyer near me in Iowa,” you might have come across our HBM Law Offices based in West Des Moines (IA) known for being the immigrant’s immigration lawyer in the community of Iowa. With regional touch points in Iowa, Singapore, and India, we have been representing clients nationwide and across the world since 2012.
12+ years experience in family law and immigration law.
HBM Law is one of Iowa’s few immigration law firms who are predominantly immigrants with a laser focus on family immigration. We stay ahead of all things on immigration practices in U.S. immigration law. Our immigration firm offers specialized care and attention for immigration matters that are difficult to find elsewhere in Iowa.
5-Star immigration lawyer for your immigration case success.
We guide you every step of the way with tailored legal advice and support including green card, citizenship, fiancé(e) and spouse visa applications, waiver for unlawful presence (I-601A provisional waiver), fraud, misrepresentation, VAWA, removal of conditions (I-751 waiver), vaccination waivers, naturalization medical exemptions, and more. Our consistent 5-Star track record demonstrates our commitment to achieving successful outcomes for families.
Team of immigration lawyers who are all about families.
Principal immigration attorney, Himani Bhardwaj, is an Indian national who became a naturalized U.S. citizen in 2010. The HBM law firm’s team understands the unique cultural and linguistic needs of immigrants and their families navigating the United States legal system. We are by your side to advocate for your rights ensuring your applications are handled with respect and compassion.
Although the services listed above are the common ones, we do represent clients on a case-by-case basis. Each situation is special and deserves personalized attention. We’re here to listen and to understand your story on an individual basis. We encourage you to reach out and share more about your story with us. Your story matters, and we’re eager to hear it and help in any way we can.
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Begin with a review of your entry and filing history.
Your entry record, your status history and anything already filed with USCIS shape which route is open. A consultation with Attorney Himani Bhardwaj is a paid 45-minute video call, and we are fluent in English, Hindi and Español.
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