Form I-485 is the same document for all three immediate-relative categories — IR-1 (spouse of U.S. citizen), IR-2 (unmarried child under 21 of U.S. citizen), and IR-5 (parent of U.S. citizen who is at least 21 years old). The categories share a statutory home in INA §201(b)(2)(A)(i) and a single fee schedule that took effect under the 2024 final fee rule on April 1, 2024. The eligibility analysis, however, looks different in each one.
What changed
Adjustment of status is governed by INA §245(a) (8 U.S.C. §1255(a)) and the implementing regulation at 8 CFR §245.1. USCIS’s operational guidance lives in Policy Manual Volume 7 — Part A for the general framework, Part B for fee waivers, and the category-specific parts that follow.
The §245(a) threshold elements are the same for all three categories:
- The applicant was inspected and admitted or paroled into the United States.
- The applicant is physically present in the U.S. at the time of filing.
- The applicant is eligible to receive an immigrant visa — meaning an approved or concurrently filed Form I-130 for the relevant category.
- A visa number is immediately available. For immediate-relative categories (IR-1, IR-2, IR-5), this is always true — there is no Visa Bulletin queue.
- The applicant is admissible under INA §212(a) or has secured a waiver.
For immediate relatives, INA §245(c) bars that otherwise affect employment-based applicants — unauthorized employment, periods out of status, failure to maintain status — generally do not disqualify the applicant. The §245(c) carve-out at §245(c)(2) exempts immediate relatives from most of those grounds. The applicant must still have been inspected and admitted or paroled — that part does not waive — but the periods of overstay or unauthorized work that would sink an EB case are largely forgiven on the immediate-relative side.
The fees, current under the 2024 final fee rule:
- I-485: $1,440 for applicants 14 and older, $950 for applicants under 14 filing concurrently with a parent. Biometric fee bundled into the I-485 fee — separate biometric fee no longer charged.
- Concurrent I-765 (work permit): waived for the first I-485-based application.
- Concurrent I-131 (advance parole): waived for the first I-485-based application.
Always confirm the current fee against the Form I-485 page before filing.
IR-1 (spouse)
The U.S.-citizen petitioner files Form I-130 establishing the qualifying marriage. The beneficiary files Form I-485, generally concurrently under 8 CFR §245.2(a)(2)(i)(B) if physically present in the U.S. and admitted or paroled. The marriage must be bona fide under INA §204(c) — meaning entered for genuine relationship reasons, not solely to procure immigration benefits. USCIS evaluates this through Stokes-style interviews and documentary evidence (joint financials, shared residence, photos over time, communications, affidavits).
If the marriage is less than two years old at the time the I-485 is approved, the beneficiary becomes a conditional permanent resident under INA §216 and must file Form I-751 jointly with the U.S.-citizen spouse in the 90-day window before the conditional residence expires. If the marriage is two years old or older at approval, the beneficiary becomes an unconditional lawful permanent resident — no I-751 required.
IR-2 (unmarried child under 21)
The child must be unmarried and under 21 at the time the I-485 is approved, not merely at filing. USCIS Policy Manual Volume 7, Part A, Chapter 7 explains how CSPA freezes the age for an IR-2 case the day the I-130 was filed — meaning a child whose I-130 was filed before the 21st birthday remains eligible as IR-2 even if biological 21 passes during the pending I-485, provided the case was filed timely.
“Child” under INA §101(b)(1) includes biological, adopted (under specified conditions), step-, and orphan / Hague children. The relationship rules differ. Stepchildren must have the qualifying step-relationship established before the child’s 18th birthday. Adopted children must satisfy the two-year custody and two-year residence requirements under §101(b)(1)(E) — or proceed via Hague or orphan processes if international.
Marriage of the child at any point in the process moves the case out of the IR-2 category. There is no immediate-relative path for a married child; the case converts to the F3 preference category and joins the multi-year Visa Bulletin queue.
IR-5 (parent)
The U.S.-citizen petitioner must be at least 21 years old to file. The petitioner files Form I-130 establishing the parent-child relationship; the parent files Form I-485 if physically present in the U.S. and admitted or paroled.
“Parent” under INA §101(b)(2) tracks the §101(b)(1) “child” definition in reverse — biological, adoptive (with the same custody and residence requirements), step-, and parents whose relationships were established before the petitioner’s 18th birthday.
A common documentary issue: stepparents are eligible only if the marriage that created the step-relationship occurred before the petitioner’s 18th birthday. Adoptive parent cases require evidence the adoption was finalized before the petitioner turned 16 — a different age cut-off than the relationship-establishment rule for stepparents.
Why it matters
The category determines which downstream procedure applies — and the procedure differs more than the front-end I-485 form suggests.
IR-1 cases trigger conditional residence + I-751 if married fewer than two years at approval. IR-2 cases hinge on CSPA age math and on the child remaining unmarried through approval. IR-5 cases turn on documenting a relationship the petitioner may not have current-day evidence of — parents of long-resident citizen petitioners often need archival birth certificates and marriage records from foreign jurisdictions.
The §245(c) immediate-relative carve-out is the single most undervalued strategic advantage in the family-based system. A beneficiary who entered on a visitor visa, overstayed for years, and worked unauthorized can usually still adjust as an immediate relative — those §245(c) bars do not apply. That same beneficiary could not adjust as an employment-based applicant. Practitioners with mixed-context clients (a long-overstayed parent newly eligible because the citizen petitioner just turned 21) should run the §245(c) analysis explicitly before concluding consular processing is the only option.
The bona fides analysis on IR-1 cases is the most common ground for denial. USCIS may schedule a Stokes-style interview if documentary evidence is thin or inconsistent. Documenting the marriage from the date of engagement onward — not just from the date of filing — is the cleanest insurance.
Way forward
- Confirm inspection-and-admission or parole. A beneficiary who entered without inspection (EWI) cannot adjust under §245(a). For EWI clients the path is consular processing with an I-601A provisional waiver of the §212(a)(9)(B) unlawful-presence bar — a different and longer process. Check the I-94 record at i94.cbp.dhs.gov at intake.
- File concurrently when eligible. Immediate relatives can file I-130 and I-485 in the same package, with concurrent I-765 and I-131. Concurrent filing accelerates the work-permit timeline by months and unlocks travel under advance parole.
- Calendar CSPA for IR-2 cases. Even if the child is well under 21 at filing, calendar a re-check 90 days before the 21st birthday so any aging-out risk is on the radar before it becomes irreversible. Policy Manual Volume 7, Part A, Chapter 7 controls the age math.
- Build the bona fides record from day one on IR-1 cases. Joint bank account, joint lease or deed, joint utility accounts, joint health insurance, joint tax filing, contemporaneous photos with dated context, and affidavits from people who know the couple over time. Thin records produce Stokes interviews; rich records get approved on paper.
- Pull old vital records early on IR-5 cases. Foreign birth certificates, parents’ marriage records, and adoption decrees often take months to obtain through consular channels. Start the document pull at engagement, not at I-130 RFE.
Disclaimer
Fola Form is a software company, not a law firm. This is educational content, not legal advice. Consult a licensed immigration attorney about your specific situation. Policy can change without notice — verify against the primary source, USCIS Form I-485, and the underlying USCIS Policy Manual Volume 7 before relying on any specific eligibility rule or fee figure.