Q:
What is the Adjustment of Status?
A:
Adjustment
of Status (AOS) refers to the procedure that allows foreign nationals already in
the U.S., who are eligible to receive an immigrant visa and for whom immigrant
visa number is immediately available, to apply for immigrant status with the
U.S. Citizenship and Immigration Services (USCIS).
Adjustment of Status is the final stage of Green
Card application. After the completion of this process, the applicant becomes a lawful permanent resident of the
U.S. A applicant can opt either for
I-485 application or Consular Processing (CP).
1)
File form I-485: In this case, the applicant can file for adjustment of status using form
I-485 and for family members while in US.
2) Consular Processing:
In this case, applicant can apply for adjustment of status at the U.S. Consular office in their home country.
Adjustment of Status is a procedure allowing certain foreign nationals already in the U.S. to apply for immigrant status. Foreign nationals admitted to the U.S. in a nonimmigrant, refugee, or parolee category may have their status changed to
a U.S. lawful permanent resident, if they are eligible to receive an immigrant visa
which is immediately available.
Q:
What is the purpose of the I-485 application to adjust status to U.S. permanent
residence?
A: The I-485 Application to Adjust Status to Permanent Residence is a way to
process the final stage of the permanent residence process for a foreign
national who is already present in the U.S. and wishes to change from his or her
current immigration status to that of U.S. permanent resident. In almost all
cases, the foreign national must have been maintaining valid immigration status
to be eligible.
An
adjustment of status (I-485) application may be either filed concurrently with
an I-140 petition, or it can be filed after the I-140 has been approved. If the
I-140 is filed first and the applicant later decides he would like to file an
adjustment of status application, the I-485 application can be added to a currently
pending I-140 petition to be adjudicated at the same time.
An
filed I-485 application allows a qualifying person to
submit applications for employment authorization and travel
permission, along with proof of financial support. The process involves filing
the petitions and applications with supporting documents, getting fingerprinted,
attending an interview, and answering any requests for additional evidence
issued by USCIS.
Q:
What are the general requirements of Adjustment of Status?
A:
Adjustment of status refers to the procedure for becoming a lawful U.S. permanent resident without having to leave the United States. It should be distinguished from the traditional method of gaining permanent residence, which involves applying for an immigrant visa at a consular post abroad.
1)
the alien makes an application for such adjustment;
2)
the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
3)
an immigrant visa is immediately available to him at the time his application is filed.
Q:
What is the visa number requirements for Adjustment of Status?
A: You may apply for Adjustment of Status after your immigrant visa I-140 petition is approved by the USCIS, and an
immigrant visa number is readily available to you. The visa numbers are limited by law for certain
permanent residents. This means that even if the USCIS approves your I-140 immigrant visa petition, you may not get an immigrant visa number immediately. In certain cases,
long time could pass between the time USCIS approves your I-140 immigrant visa petition and the Department of State gives you an immigrant visa
number for I-485 approval.
Q:
What is the requirement of Grounds of Admissible for I-485 application?
A:
The I-485 applicant should be "admissible", i.e. he or she is not subject to the grounds of inadmissibility. Generally, foreigners in the U.S. without having been
inspected or paroled are regarded inadmissible. The ineligibility to filing
I-485 application include:
1)
An alien entered the country in illegal way or in transit without a visa;
2)
The alien is employed in the U.S. without USCIS approval. But this rule is not applicable for a person if
he or she is an immediate relative of a U.S. citizen;
3)
The alien can not adjust status if the alien is now or before has been out of status,
or if the alien has ever broke the rules and terms of a non-immigrant
visa, which requires that the I-485 applicant has never violated his or her status in any
way).
Q:
What are eligibility
to I-485 adjustment of status for employment-based
immigration?
A:
An
I-485 applicant should either have approved I-140 immigrant petition or
filing it concurrently at any possible time. Also, an
alien looking for adjustment of U.S. immigration status based on an employment-based
visa should be in a lawful non-immigrant status at the time of
I-485 filing. For a Labor
Certification required case, the alien will
also need a U.S. employer to sponsor him or her in order to get a Green
Card. For Labor
Certification waiver case, such as EB1-EA, EB1-OR, or NIW, the U.S.
employer's sponsorship is not required.
For
a Labor
Certification required case,
the U.S. employer must receive an approval from the U.S. Department of
Labor (DOL) through Labor Certification, which is the first step in
obtaining a U.S. Green Card. This
certification also proves that there are currently no U.S. workers
available for the post being taken by a foreign employee.
Q:
What are eligibility
to I-485 adjustment of status for family-based
immigration?
A:
An
alien applicant should either have approved family based I-130 immigrant
petition or filing it concurrently at any possible time.
The family-based
petition categories include parent, child, marital, fiancé, and
other immediate relatives of either U.S. citizens or Green Card holders.
Q:
What are the exceptions to the
I-485 application requirement of maintaining lawful status in U.S.?
A: The following individuals are not required to maintain lawful status in order to adjust their status to
U.S. permanent resident within the
U.S.:
-
Immediate relatives of U.S. citizens;
-
Foreign medical graduates;
-
Special immigrant children;
-
Former employees of international organizations and family members;
-
Immigrants who have served honorably in the U.S.
military.
Q:
What are the benefits of filing I-485 application for Adjustment of Status
A:
The benefits of Adjustment of Status includes:
1)
You can maintain valid status in the U.S. while your I-485 Adjustment of Immigration Status application is being processed;
2)
You and your spouse are permitted to apply for an Employment Authorization Document
(EAD) as work permit, and take employment while your Adjustment of Status application is pending;
3)
You can file Adjustment of Status application concurrently with immediate relative green card petitions, and employment-based first, second and third preference categories.
Q:
Why the Adjustment of Status is convenient for most employment-based alien
applicants?
A:
Adjustment of status is convenient in the sense that applicants may simply remain in the U.S. while the
I-485 application is
adjudicated, and need not travel abroad for an interview. In fact, for most
employment-based petitions, no interview is required unless the applicant has
previously been out of status, or USCIS suspects fraud, or portability is
invoked, or USCIS randomly selects an applicant for an interview.
Q: What are the Adjustment of Status Process with USCIS vs. with U.S. Consulate Processing
A:
Consular processing and adjustment of status are two means to the same end - obtaining permanent resident status in the United States. If you opt for
consular processing, you would apply for an immigrant visa through the
Department of State and must attend an interview at a U.S. Consulate in your
country of residence abroad.
If you opt for adjustment of status, on the other
hand, you would remain in the United States and file an I-485 application with
USCIS. Because these two separate agencies each have their own procedures and
set of governing rules, there are pros and cons to both options. You should
therefore take various considerations into account before making what is often a
difficult decision.
Q:
Where to file I-485 application?
A: The I-485 adjustment applications are normally submitted to the USCIS Service
Center. Application is generally submitted by mail, and approved either by mail or after an interview at one of the
USCIS district offices. If all the procedures go well, the applicant can accomplish the permanent resident status (“Green Card”) in the U.S. by stamping the immigrant visa in his/her passport.
Q:
When can I file the the I-485 application to adjust status to Permanent
Residence?
A: If at all possible and advisable, the application will be filed after the
I-140 approval, or simultaneously with the I-140. However, there are times when
the I-485 cannot be filed along with the I-140, often an immigrant visa is not
yet available, or your "priority date" is not current.
Q:
What do you mean the immediate
availability of a visa?
A: This I-485 application requirement can be satisfied in one of two ways. The
first instance relates to immediate relatives of U.S. citizens, who always have
an immediately available visa. The second instance refers to those individuals
who qualify for one of the employment-based or family-based visa preferences and
have a current “priority date.”
Q: What is the Priority Date?
A: The priority date is the date the first paperwork for permanent residence is filed with a government agency. For an
employer-sponsored case, this is either the date a
Labor Certification is first filed with the Department of Labor, or if not a Labor
Certification-based case then the date the immigrant petition (most often an I-140
Immigrant Visa Petition) is first filed with
USCIS. For a family-sponsored case, this will be the date the I-130 Petition for Alien Relative is filed,
which may or may not be the same date as the I-485 is filed.
Q: Why is the Priority Date important?
A: The Priority Date establishes the foreign national's place on line for an immigrant visa. There are limited numbers of immigrant visas available for each of the various categories. These categories are called "Preference Classes." Each preference class has its own queue for immigrant visas, and the priority date and the preference class of the petition determine how long the person being petitioned for has to wait for a
Green Card.
Q:
What are the eligibility
categories to file Form I-485 application?
A:
You can file form I-485 under one of the following categories:
-
Form I-485 is based on an underlying Form I-140, Immigrant Petition for Alien Worker;
-
Spouse, parent, unmarried son/daughter under age 21 of a U.S. citizen with an approved or concurrently filed Form I-130;
-
Beneficiary of an approved Form I-130 filed by a qualifying
relative, qualifying derivative, family-based beneficiary;
-
K-1
Fiancé(e) (and K-2 dependents) whose Form I-485 is based on an approved Form
I-129F, and applicants who are beneficiaries of an approved Form I-360, as a battered spouse or child;
-
Diversity lottery winner eligible to file Form
I-485.
Q:
What are exceptions for
the I-485 application fees?
A:
There is a filing fee for
the I-485 application plus a
biometrics fee. The exceptions for
the application fees are listed below:
-
There
is no fee for applicants who are filing Form I-485 based on having been
admitted to the United States as a refugee;
-
Applicants
of 80 years of age or older are not charged a biometric fee;
-
Applicants
under 14 years of age: filing with the I-485 application of at least one
parent have a fee with discount.
Q:
What is the medical examination process?
A: All
I-485 applicants must pass a medical examination conducted by a civil surgeon
approved by the USCIS. You can find the USCIS
approved civil surgeon in your area in USCIS
web site, or You can contact USCIS' National Customer Service Center at
1-800-375-5283 to find an approved civil surgeon in your area.
The
civil surgeon will record the results of the examination on the Form I-693 and
seal it an envelope which should be submitted to USCIS along with I-485
application. You
are responsible for paying all doctor and laboratory fees for the exam. You must
carry your passport or other form of photo identification, and bring your medical and
vaccination history. If a condition is diagnosed which makes you inadmissible,
you may still be eligible for immigration after completing treatment for the
condition.
Q:
What is the fingerprinting process
A: When
applying for I-485,
you will be fingerprinted so the FBI can check criminal records.
The USCIS accepts fingerprint cards prepared only by authorized sites such as
Application Support Centers (ASCs), and U.S. Consular offices and military
installations abroad.
Once
you file for I-485, the USCIS will send you a letter with an appointment for
fingerprinting at the nearest ASC location. You must have the letter with you
when you go in for fingerprinting. There is a fee charge per person.
Q: Could
I get a Work Permit after I-485 application?
A:
Applicants for adjustment to permanent resident status are eligible to apply for
a work permit while their cases are pending. You should use USCIS Form I-765 to
apply for a work permit (Employment
Authorization Document, or EAD)
You do
not need to apply for a work permit after you adjust to permanent resident
status. As a lawful permanent resident, you should receive a permanent resident
card that will prove that you have a right to live and work in the United States
permanently.
Q: When can I file the Employment
Authorization Document (EAD)?
A:
Application for EAD can be filed concurrently with I-485 or any time after
that, as long as I-485 application is pending. Your eligible family member like
spouse can also apply for an EAD.
An
approved EAD allows you or your spouse to work. The primary applicant may take a
part-time job or start a business, as long as continue working for the employer who
filed for the Green Card. Depends on the USCIS Service Center, the EAD may take
few weeks to few months to get approval.
Q:
What is the Advance Parole?
A: The
Advance Parole or Travel Document is used to apply for admission to the United
States upon return from abroad without having to obtain a visa from a U.S. Embassy
or Consulate. You must fill Form I-131 for Advance Parole. There is a non-refundable filling fee to be paid by check or money order.
The
Advance Parole is usually issued for the time when the I-485 application is
pending, and it is valid for multiple entries. Once your Advance Parole (Travel
Document) application is approved, you will receive 2 copies of form I-512. You
must carry all 2 copies when you travel out of the U.S. for the first time. One
copy will be taken by the the USCIS officer at the port of entry. The second
copy is for you, and should be used during all subsequent trips.
Q: How to obtain Advance
Parole?
A: An alien must file Form I-131 - Application for Travel
Document. The Advance Parole is permission to reenter the United States after traveling abroad. Advance Parole is an extraordinary measure used sparingly to allow an otherwise inadmissible individual to enter the United States due to compelling circumstances. By law, certain individuals must apply for a travel document and have Advance Parole approved before leaving the United States.
Attempts to reenter the United States without prior authorization may have severe consequences, since individuals requiring
Advance Parole may be unable to return to the United States, and their pending
I-485 applications may be denied or administratively closed. Applicants planning travel abroad should plan ahead since applicants can anticipate processing times of about 90 days, depending on the USCIS
Service Center.
Q:
What is the Refugee Travel Document?
A:
Individuals who have been admitted in U.S. as refugees or granted asylum,
including those who are applying for I-485 adjustment of status, do not
need to obtain Advance Parole.
Instead,
these individuals should apply for a Refugee Travel Document using Form
I-131 and comply with applicable application requirements, such as
biometric processing, prior to leaving the United States. Asylum applicants, asylees and lawful permanent residents who obtained such status based on their asylum status are subject to special rules with regard to traveling outside the United States.
Q:
Can I travel outside the United States after I-485 application?
A: If
you are applying for I-485 adjustment to permanent resident status, you must
receive advance permission to return to the United States if you are traveling
outside the United States without valid H or L visa or status. This advance permission
is called Advance Parole.
If you
do not obtain Advance Parole before you leave the country and you are not in H
or L visa or status, you will abandon your I-485 application with USCIS, and you may not be permitted to return to the United
States.
Q: What are the 3 years and 10
years inadmissible requirements?
A: Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens who depart the United States after being unlawfully present in the United States for certain periods can be barred from admission to lawful permanent resident status, even if they have obtained Advance Parole.
Aliens who have been unlawfully present in the United States for more than 180 days, but less than one year, are inadmissible for
3 years; those who have been unlawfully present for one year or more are inadmissible for 10 years. Aliens who are unlawfully present, then depart the United States and subsequently reenter under a grant of parole, may still be ineligible to adjust their status.
Q:
What about my family members' I-485 applications?
A: This is the stage where your immediate family members are formally a part of
the process, in that separate I-485 Application to Adjust Status to Permanent
Resident are filed for each family member. The same forms and
documents filed for the main applicant are also filed for these family members,
except the employment authorization applications.
But you
cannot obtain permanent residence for children over the age of 21 based upon
your application.
Q:
Are my dependents eligible for I-485 application? and what kind of documents are
required?
A:
Each family member who desires a U.S. permanent residence must file a separate
I-485 application.
The
I-485 adjustment process involves the investigation of an individual's identity,
health, criminal background, and the ability of financial support in the
United States. The employment-based adjustment applications for family members must
also be filed at a
USCIS Service Center.
Q:
What personal documents will my family and I need to have for the I-485 application?
A: You and family members must have birth certificates (each birth certificate
must indicate full name, the full names of each parent, date of birth, and place
of birth), marriage certificates and other relevant documents before the I-485
Application to Adjust Status to Permanent Residence can be filed. You may also
wish to obtain records of all vaccinations received to provide to a USCIS
approved
physician when the required medical exam is performed.
Q:
What are the requirements for immigration photographs?
A: The
USCIS will accept standard passport photographs where the alien applicant is facing the
camera. All photos must be identical. You can read the regulations at the USCIS
website, or visit the Department of State's guidelines for photographs website to
find out how you can take photos to meet the requirements.
Q:
Will I have to appear for an interview?
A: Usually
the interview is waived for most employment-based immigration applicants. The
reason for an interview is to clarify any changes or corrections, and to verify
that all documents are correct. You may be asked to carry any documents that
were missing or incorrect. You may be asked for tax records and pay stubs.
Q:
What happens if your 6-year limit on H-1 visa expires during this time?
A:
Once you apply for I-485, your status is considered as "applicant for
adjustment of status", or "I-485 pending." You can remain in the
U.S. even after your 6-year limit has expired until the I-485 process is
completed.
If you
have not applied for I-485 and your 6-year limit is reached, then you must apply
for 1-year or 3-year extension of H-1 visa. Whether you are qualified to apply
for H-1 extension will depend on the status of your employment-based Green Card
application.
Q: What happens when
my I-485 is approved?
A: Normally, the Approval Notice/Welcome Notice will come to the alien
applicant. You can take this notice to a local USCIS District Office and get a Permanent Residence stamp
in your passport, which can be used to prove eligibility for
all benefits to which US permanent residence entitles you, such as unrestricted
employment or travel.
This
stamp is temporary, normally one year in duration, but the status does not
expire even if the stamp does. The foreign national will receive the actual
permanent residence card (Green Card) in the mail, normally in one to six months from the
date of the approval. The exact length of time it takes to get the card is often
erratic.
Q:
What
is the temporary Green Card stamp?
A: If
your interview is waived or if it is completed, and you meet all I-485
application requirements, you will receive an I-485 approval letter from the
USCIS. You must go to the local USCIS service center with your passport and all
I-94 and EAD cards. A temporary Green Card stamp (I-551) will be placed on your
passport. This is an interim Green Card in case you need to travel out of the
US. Within a few months, your Green Card will arrive in the mail, But it is not
green in color, and looks more like a driver's license or a credit card.
Q:
Can I appeal the I-485 decision if it is denied?
A: If your
I-485 application to adjust status to permanent residence is denied, you will receive a letter that will tell you why the application was denied.
An applicant can not appeal the USCIS
decision of employment-based I-485 application.
The only
applications for permanent residency of Form I-485 which can be appealed to
USCIS are those based on a marriage which took place while the alien's
application was in process, or those based on Section 586 of Public Law 106-429,
adjustment of status for certain nationals of Vietnam, Cambodia and Laos. These
appeals must be made to the Administrative Appeals Unit (AAU).
Q:
How long is the approved I-485 valid?
A:
The I-485 Permanent Residence status is valid indefinitely, as long as permanent
residence is not abandoned through absence of six months or longer from the U.S.
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