Attorney Jerry Zhang (02/16/2025)‌

On December 10, 2024, U.S. Citizenship and Immigration Services (USCIS) officially published a new edition of Form I-485 (Application to Register Permanent Residence or Adjust Status). Starting from February 10, 2025, USCIS will only accept the 10/24/24 edition of Form I-485 , and older editions will be rejected (https://www.uscis.gov/newsroom/alerts/uscis-revised-form-i-485-application-to-register-permanent-residence-or-adjust-status). This update involves not only adjustments to the form's format but also important changes to the application process, material submission requirements, and exemption policies. This article provides detailed guidance for applicants from two aspects: policy adjustments and key strategies for the transition.

I. Major Changes and Policy Interpretations of the New I-485 Form

1. Mandatory Concurrent Submission of Form I-693 Medical Report

The new I-485 form requires applicants to submit Form I-693 (Report of Medical Examination and Vaccination Record) concurrently starting from December 2, 2024. Failure to submit Form I-693 simultaneously may result in the rejection of the I-485 application (previously, supplementary submission was allowed). The medical examination must be conducted by a USCIS-authorized Civil Surgeon and includes various vaccination records (such as measles, hepatitis B, etc.).

2. Integration of I-864W Exemption Process

The previously independently submitted Form I-864W (Request for Exemption for Intending Immigrant's Affidavit of Support) has been eliminated, and the exemption option is directly integrated into the new I-485 form. Applicants who meet the requirements for exemption from the Affidavit of Support can apply for exemption directly within the I-485 form, without the need to submit a separate I-864W form. The I-864W form has been removed from the USCIS website.

Prior to the revision of I-485 form, employment-based immigrants were required to submit a separate I-864W form to apply for exemption for affidavit of support. Now, there is no need to submit the I-864W form again, as the USCIS has integrated I-864W form into the new version of the I-485 form.

Family-based immigrants still need to submit the I-864 form (Affidavit of Support). The main materials required are the I-864 form and its supporting documents, including the guarantor's identification, tax receipts, and income proof. In certain circumstances, Affidavit of Support can be exempted, but there are also some situations that cannot be exempted. Please refer to the relevant regulations of the immigration bureau for specific situations. (https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf)

Applicants should carefully review the exemption from Affidavit of Support section in the I-485 form, ensure they meet the exemption criteria, and correctly fill in the relevant information in the form. If unsure whether they qualify for the exemption, it is advisable to consult an immigration attorney.

3. Clarification of Public Charge Review Categories

The new form requires applicants to clearly and accurately indicate their immigration category (such as family-based or employment-based immigration). This helps USCIS more quickly and accurately determine whether applicants meet the conditions for public charge exemption, thereby effectively reducing confusion during the approval process and simplifying the adjudication procedure. For family-based immigrants, they still need to submit Form I-864 (Affidavit of Support) according to existing regulations to demonstrate the sponsor's financial ability to support the applicant's life in the United States. For employment-based immigrants, they may be exempt from public charge review and do not need to submit additional related materials. This change undoubtedly provides a clearer and more convenient application path for various types of immigrants.

4. Form Structure Optimization

The new I-485 form optimizes its content, making it easier for applicants to understand the documents and steps to be submitted. This change aims to reduce the risk of errors and improve application efficiency. When filling out the I-485 form, applicants should carefully read the instructions and requirements in the form to ensure they submit all necessary documents and materials as required.

II. Detailed Strategies for the Transition

1. Prepare Medical Examination and Vaccination Records in Advance

Example: Ms. Wang plans to submit her I-485 application in March 2025. She should complete the immigration medical examination before February 2025 and ensure she obtains a complete Form I-693. If Ms. Wang has not received certain vaccinations before the medical examination, she may need to receive them afterward, which will extend the entire application process. Therefore, it is very important to make an appointment and complete the medical examination in advance.

2. Carefully Read and Fill Out the Exemption from Affidavit of Support Section

Example: Mr. Liu is an asylum applicant who meets the requirements for exemption from the Affidavit of Support. When filling out the new I-485 form, he should check the corresponding option in the exemption from Affidavit of Support section and fill in the relevant information. If applicants do not carefully read the instructions or make errors when filling out the form, it may lead to the rejection of the exemption request, thereby affecting the entire application process.

3. Accurately Specify Immigration Category and Understand Public Charge Assessment

Example: Mr. Zhang is an engineer applying for a green card through employment-based immigration. When filling out the new I-485 form, he should accurately specify his immigration category as employment-based and carefully read the instructions in the public charge assessment section. If applicants do not specify the correct immigration category or do not understand the requirements of public charge assessment, it may lead to the rejection or delayed adjudication of their applications.

III. Conclusion

Facing the introduction of the new I-485 form and the rejection of old versions, applicants need to adopt proactive strategies to ensure the accuracy and compliance of their application materials. By preparing medical examination and vaccination records in advance, carefully reading and filling out the exemption from Affidavit of Support section, accurately specifying immigration categories, and understanding public charge assessments, applicants can successfully navigate this change and increase their chances of application success. Additionally, applicants are advised to consult an immigration attorney throughout the application process for more accurate guidance and assistance.

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Founded in 1996, Zhang & Associates, P.C. offers legal services to clients worldwide in all aspects of U.S immigration law. We have successfully handled over ten thousand immigration cases.

At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high-quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM, I-485 I-130, H-1B, O, L and J cases. In the past over twenty years, we have successfully helped over ten thousand clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation.

Zhang & Associates, P.C.

Chicago • Houston •Seattle 

Tel:	1-800-230-7040, 713-771-8433
Email:	info@hooyou.com
website:	http://www.hooyou.com

 

(02/16/2025)