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Filing the I-485

Filing the I-485

The I-485 application is often filed by immigration attorneys on behalf of EB-5 program applicants. I-485 applications can be filed as soon as the I-526 petition is accepted since there is currently no backlog in the EB-5 visa program. The filing fee for the I-485 application is $985 plus an $85 fee for the biometrics requirement. The biometrics fee is waived if the applicant is 79 years of age or older. The application is submitted by mail to the USCIS Lockbox facility in Texas or Arizona, depending on where the EB-5 applicant currently resides. The I-485 application is usually processed in 6 to 12 months and applicants are notified by USCIS by email or physical mail after their applicants have been processed. However, EB-5 applicants can obtain work and travel authorization while their I-485 application is being processed if they also file an I-765 Application for Employment Authorization and I-131 Application for Travel Document. EB-5 applicants become two-year conditional permanent residents once their I-485 application is approved. Two years after the applicant becomes a conditional permanent resident, the I-829 petition is filed to remove conditions and the EB-5 investor becomes a full permanent resident after the I-829 is approved by USCIS. This enables the investor, their spouse, and their unmarried children under the age of 21 to permanently live and work in the United States.