When can I file an I-485 application for adjustment of status to permanent residence?
Question 1.When can I file an I-485 application for adjustment of status to permanent residence?
A person seeking to file an I-485 application for adjustment of status must be in the United States at the time of filing. Among other classes of eligibility, an I-485 also may be filed by beneficiaries of an I-130 relative, an I-140 worker petition, an I-360 petition for special immigrant, or by a person who has been granted asylum. Certain individuals may be ineligible to file the I-485 application to adjust status. Therefore, it is best to discuss with a qualified immigration attorney whether one qualifies for adjustment of status.
 
In a family-based preference case, the applicant must wait until the priority date (the date the I-130 was filed) is current. Immediate relatives of U.S. citizens (i.e. spouse, parent, unmarried child under 21) do not face this waiting time. In the case of an immediate relative of a U.S. citizen, the I-130 petition and I-485 application may be filed together, if all other requirements are met.
 
In an I-140 employment-based case, the applicant often must wait until the priority date is current to file the I-485. The priority date of an I-140 petition is the date the labor certification was filed, or the date the I-140 petition was filed, if no labor certification was needed. If the employment-based priority date is current, an I-485 application may be filed concurrently with an I-140.