Anaya Nolan
To register as a lawful permanent resident in the US, you must file Form I-485, Application to Register Permanent Residence or Adjust Status. This form is used to adjust your status to a permanent resident and requires an immigrant visa. Certain individuals, such as Afghan parolees with approved Form I-360 or Form DS-157, are encouraged to complete Form I-485 to apply for lawful permanent residence and obtain a Green Card. The filing fee for Form I-485 can be paid through various methods, including money order, personal check, cashier's check, or credit/debit card. Lawful permanent residents may be eligible for US citizenship after five years or three years if married to a US citizen.
| Characteristics | Values |
|---|---|
| Afghan parolee with an approved Form I-360 | Form DS-157, Petition for Special Immigrant Classification for Afghan SIV Applicants |
| Employed by or on behalf of the US government or ISAF in Afghanistan | |
| Married to a U.S. citizen | Become eligible for U.S. citizenship after 3 years of being a lawful permanent resident |
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What You'll Learn
Afghan parolees with an approved Form I-360
To complete the form I-360 for an Afghan SIV, you must have already received approval from the Chief of Mission (COM). You should receive a receipt notice from USCIS within a few weeks of submitting your I-360 petition. This means that USCIS has received your petition, but it has not been approved yet. Later, you will receive a notice that your petition has been conditionally approved, denied, or that USCIS needs more evidence. If your petition is conditionally approved, you will get instructions about the next step of the SIV process. If your petition is denied or USCIS requests new evidence, follow the instructions for how to appeal or submit more evidence.
If you are an Afghan national who has received COM approval or entered the United States with an SIV, and you are at heightened risk of harm due to your family member's service with the U.S. government, you may be eligible for parole. If you are eligible for parole, you will receive a letter informing your petitioner that your case has been referred to the U.S. embassy for additional processing, including fingerprinting, vetting, and medical screening.
If you are an Afghan parolee with an approved Form I-360, you may be eligible to receive an immigrant visa. To be eligible, an immigrant visa number must be immediately available to you when you file your application, and you must be admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other forms of relief.
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Non-immigrant visa holders with work permits
If you are in the US in a lawful nonimmigrant status that does not provide employment authorization, you can generally apply for a change of status to a nonimmigrant classification that does provide employment authorization. Alternatively, you can apply for an adjustment of status to become a lawful permanent resident. This may require obtaining an approved immigrant visa before applying for an adjustment of status.
To apply for an adjustment of status as a permanent resident, you will need to file Form I-485, Application to Register Permanent Residence or Adjust Status. In most cases, you may not file Form I-485 until an immigrant visa is immediately available in your category. However, there are exceptions to this requirement, and you can check the instructions for your specific immigrant category for more information.
Once an individual has entered the US on an immigrant visa, they will be granted permanent resident status and issued a permanent resident card, also known as a "green card." This card serves as proof that the individual is eligible to live and work in the US and can be used for re-entry into the country. Lawful permanent residents may be eligible to become US citizens after five years or three years if married to a US citizen.
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Those with an immigrant visa
If you are an immigrant with a visa, you may file Form I-485, Application to Register Permanent Residence or Adjust Status, to become a lawful permanent resident of the United States. This form is used to adjust your status from a nonimmigrant visa holder to a permanent resident.
There are certain requirements and procedures that must be followed when filing Form I-485. Firstly, you must ensure that an immigrant visa is immediately available in your category before submitting the form. You can refer to the Visa Availability and Priority Dates and Adjustment of Status Filing Charts from the Visa Bulletin pages to determine your eligibility and the appropriate timing for filing. Exceptions to the visa availability requirement may apply, and you can refer to the instructions for your specific immigrant category for further information.
It is important to note that filing fees are required and are non-refundable, regardless of the outcome of your application. The fees can be paid through various methods, including money order, personal check, cashier's check, or credit/debit card using Form G-1450. If paying by credit or debit card, you will not be able to dispute the payment later. The USCIS website provides a Fee Calculator to help you determine the applicable fees.
When filing Form I-485, it is advantageous to submit all the required initial evidence and supporting documentation simultaneously. This includes documents such as Form I-140, Immigrant Petition for Alien Workers, and Supplement J, which may be required in certain situations. Additionally, if you filed Form I-485 during a specific period (between July 30, 2007, and April 1, 2024) and paid the necessary fee, you are exempt from paying additional fees for Form I-765 (Application for Employment Authorization) or Form I-131 (Application for Travel Documents).
It is worth noting that as of March 11, 2025, the COVID-19 vaccination is no longer a mandatory requirement for immigration medical examinations associated with adjustment applications. Therefore, you do not need to provide documentation of COVID-19 vaccination for these examinations.
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Those eligible for citizenship
Afghan parolees with an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, as well as those employed by or on behalf of the U.S. government or the International Security Assistance Force (ISAF) in Afghanistan, are encouraged to file Form I-485 to apply for lawful permanent resident status and obtain a Green Card. This form is also applicable to those with an approved Form DS-157, Petition for Special Immigrant Classification for Afghan SIV Applicants.
It is important to note that eligibility for citizenship may depend on various factors, and specific requirements and procedures should be carefully reviewed. The path to citizenship typically involves a process known as naturalization, and resources are available at the Citizenship Resource Center to guide individuals through this process and provide relevant citizenship materials.
In addition to the residency requirements, there are other criteria that must be met to be eligible for citizenship. These typically include demonstrating good moral character, knowledge of the English language, and a basic understanding of U.S. history and government. Applicants may also be required to pass a civics test as part of the naturalization process.
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Those with a Green Card
If you are a holder of a Green Card, or Permanent Resident Card, you are a lawful permanent resident of the United States. This means you have been granted authorization to live and work in the U.S. on a permanent basis.
There are several ways to obtain a Green Card, including through family, employment, refugee or asylum status, or the Green Card lottery. For example, if you are an Afghan parolee with an approved Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) and were employed by or on behalf of the U.S. government or International Security Assistance Force (ISAF) in Afghanistan, you may be eligible to file Form I-485 to apply to become a lawful permanent resident and receive a Green Card.
Once you have a Green Card, you must renew it every 10 years if you plan to continue living in the U.S. permanently. You can renew your Green Card by filing Form I-90. Additionally, if your card has been lost, stolen, or damaged, you can use Form I-90 to apply for a replacement.
As a Green Card holder, you may be eligible to become a U.S. citizen after five years of permanent residency, or three years if you are married to a U.S. citizen. This process is known as naturalization, and more information can be found at the Citizenship Resource Center.
It is important to note that as a lawful permanent resident, you must continue to comply with U.S. immigration laws and maintain your permanent resident status. This includes complying with any conditions or restrictions on your Green Card, such as maintaining a valid passport and not remaining outside of the U.S. for too long, as this could put your status at risk.
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Frequently asked questions
Any immigrant with an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, or an approved Form DS-157, Petition for Special Immigrant Classification for Afghan SIV Applicants, can apply to become a lawful permanent resident.
You need to fill out Form I-485, Application to Register Permanent Residence or Adjust Status.
The filing fees for Form I-485 can be found on the USCIS Fee Schedule page. These fees are final and non-refundable, and you must pay each fee separately if submitting multiple forms.
Yes, you may be eligible to become a U.S. citizen after five years of becoming a lawful permanent resident, or three years if you are married to a U.S. citizen.
