When can I file my I-485 adjustment of status packet?

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The date when you file Form I-485, Application to Adjust Status, depends on the basis of your application.

Based on a family-based immigrant petition (Form I-130), you may file Form I-485 once you:

  • Have an approved Form I-130 AND an immigrant visa number is immediately available to you; or
  • Are filing the application with Form I-130 AND an immigrant visa number will be immediately available to you because you are an immediate relative; or
  • Are the spouse or child derivative of the beneficiary described above AND that beneficiary may file Form I-485.

Based on a fiancé-based petition (Form I-129F), you may file Form I-485 once you:

  • Entered the U.S. on a K-1 visa AND married the U.S. citizen who sponsored your I-129F petition within 90 days of your entry; or
  • Entered the U.S. as a K-2 child AND your K-1 parent is also eligible to file Form I-485.

Based on an employment-based immigrant petition (Form I-140), you may file Form I-485 once you:

  • Have an approved Form I-140 AND an immigrant visa number is immediately available to you; or
  • Are filing the application with Form I-140 AND an immigrant visa number will be immediately available to you.

Based on refugee status, you may file Form I-485 once you:

  • Have been granted refugee status AND have been physically present in the United States for at least one year after the grant; and
  • Continue to qualify as a refugee.

Based on Cuban citizenship or nationality, you may file Form I-485 once you:

  • Are a Cuban citizen who was admitted or paroled into the U.S. AND has been physically present in the United States for at least one year; or
  • Are the spouse or unmarried child of a Cuban described above AND have been physically present in the United States for at least one year.

Source: USCIS

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