


|
|
I-485, Application to Register Permanent Residence or Adjust Status should be submitted to
obtain permanent residence status. It is usually filed with supporting evidence, and may be
filed in conjunction with several other applications or petitions.
- Fee payment
- G-28, Notice of Entry of Appearance as Attorney or
Representative, if you have a lawyer. Facsimile signature stamps are acceptable for the signature
of the representatives. However, applicants must sign the Form G-28 submitted with the application
in the original.
- I-485, Application to Register Permanent Residence or to Adjust Status
- Photos
2 identical photographs
- I-485 Supplement A, and penalty fee if applicable
- I-765, Application for Employment Authorization (Work Permit). Optional. If you want work authorization while I-485 is pending
- I-131, Application for Travel Document. Optional. If you need to travel outside the US while I-485 is pending
- G-325A, Biographic Information Sheet, if you are between 14 and 79 years of age
- I-693, Medical Examination of Aliens Seeking Adjustment of Status
Complete details
- I-601, Application for Waiver of Grounds of Excludability, if applicable
There is no fee for I-601 is it is file with I-485. Later filing of I-601 requires a fee. Consult
an
attorney to decide whether to file I-601 or not.
- Birth certificate
Copy of your foreign birth certificate
- Copy of passport page with nonimmigrant visa
If you have obtained a nonimmigrant visa(s) from an American embassy or consulate abroad within the last year, submit a photocopy(ies) of the page(s) of your passport containing the visa(s).
- Police clearances
If you are filing for adjustment of status as a member of a special class described in an I-485 supplement form, please read the instructions on the supplement form to see if you need to obtain and submit police clearances, in addition to the required fingerprints, with your application.
Note: Most people do not need this.
- Evidence of status
Submit a copy (both sides) of your Form I-94, Nonimmigrant Arrival/Departure Record, showing your admission to the United States and current status, or other evidence of your status.
If you entered using Border Cross Card, submit a photocopy of both sides of the card.
If you don't have such proof, contact an attorney before proceeding further or you may risk the deportation.
- Category specific
- Family
- I-864, Affidavit of Support
- Family category specific
- Immediate relatives
Either your original
I-130, Petition for Alien Relative (if you are filing concurrently),
or a copy of your I-797, Notice of Action (if the petition was already approved)
- Other family members
Copy of your I-797, Notice of Action, I-130 approval notice in the category
that has a
current
priority date
- If you did not enter legally or your sponsoring spouse is permanent resident, and
if you gained the right to live and adjust status through V visa, submit a copy of
your approval notice for V visa.
- Children in K2 visa do not need separate I-130 petition filed on their
behalf before
applying for adjustment of status. Children in K4 visa do need separate I-130 petition
filed on their behalf, for each child.
- Employment
-
Copy of I-797, Notice of Action, showing that
I-140,
Immigrant Petition for Alien Worker, has been received or approved by USCIS.
If the
priority date is
current, you can concurrently file Form I-485 with Form I-140.
For those whose I-140 is pending, I-485 can also be filed prior to the
approval of I-140. Receipt notice I-797 for I-140 must be submitted
along with I-485 application to establish the eligibility.
Concurrent filing rule
reduces the necessity to file 7th year H1 extension.
For those that concurrently file I-485 with I-140,
in case I-140 is denied for some reason, the person would loose all the filing fees
for I-485.
- I-864, Affidavit of Support, ONLY for an
I-140
petition related to a business that is 5% or more owned by the applicant's family
- Employment letter on the letterhead of the petitioning employer which confirms that
the job on which the visa petition is based is still available to you.
The letter must also state the salary that will be paid.
Sample Employment Letter
-
Copy of approved Labor Certificate
-
Copy of approved I-140
- Copy of degree certificate
- Copies of recent pay stubs
- Copy of I-797
Notice of Action. It is an H1B/L1 visa status document.
- Fiance(e)
If you were admitted into the United States as a fiance(e) of a US citizen and married
that citizen within the required 90 days,
- A copy of the I-129F fiance(e) petition approval notice
- A copy of your marriage certificate
- A copy of Form I-94, both sides
- Asylee/Refugee
-
I-643, Health and Human Services Statistical
Data
- I-602, Application by Refugee for Waiver
on Grounds of Excludability, if applicable
-
Evidence of one year’s physical presence in the United States. Please keep physical presence evidence to an absolute minimum. Evidence might include a letter of employment, a lease, school enrollment records, or similar documentation, which would cover broad periods of time.
-
Proof of any absences from the U.S. since your admission into US as asylee/refugee. For example: photocopies of pages in refugee travel document or passport.
- Proof of any legal name change you have obtained since you were granted asylum/refugee status
- Asylee
By law, only 10,000 asylees can adjust status to Lawful Permanent Resident per year; however,
the USCIS is receiving between 25,405–43,881 applications per year. Therefore, there is a delay
of many years to adjudicate the application.
-
In I-485 application, box "d" of Part 2 should be marked. If the applicant
is an Iraqi who processed through Guam, also write "IRAQI/GUAM" in the margin.
-
A copy of the letter granting asylum or Form I-94 that shows the date you were granted asylum in the United States.
If alien was initially given conditional asylum, submit evidence to show that the
conditions have been removed.
- Refugee
-
In I-485 application,
box "h" of Part 2 should be marked with the word "refugee" printed on the accompanying line.
-
Evidence of refugee status. This might include a clear, readable photocopy of Form I-94 or a copy of your Employment Authorization Document.
-
Vaccination "Supplemental Form to I-693." A complete Form I693 (which includes the Form I-693 and its supplement) is required only if:
- there were medical grounds of inadmissibility noted at the time of arrival in the United States or
- if the refugee status was granted to the alien in the U.S. by an approved Form I-730, Refugee/Asylee Relative Petition.
If neither of these conditions apply, all that is required is the vaccination supplement.
- Continuous residence in US since Jan 1, 1972
Copies of evidence that shows continuous residence in US since Jan 1, 1972
- Cuban citizenship/nationality
Evidence of your citizenship or nationality, such as a copy of your passport, birth
certificate or travel document.
- Derivative status
Based on derivative status as the spouse or child of another adjustment applicant or person granted permanent residence based on issuance of an immigrant visa.
More details
- Other
Copies of documents proving that you are eligible for the classification
- Grandfathered applications
Legal entry and permanent resident spouse based green card
If you were grandfathered in based on an I-130 that was filed between Jan 14, 1998 and Apr 30, 2001,
include proof that you were physically present in the US before, on, and after Dec 21, 2000. Such
proof might include copies of immigration stamps in your passport, hotel or rent receipts, medical
records, school records, utility bills, tax returns, car registrations, traffic tickets, employment
payroll documents, and anything else appropriate.
If your visa petition was on file with INS (USCIS's former name) by one of the legal deadlines, you
may be able to adjust status in US. Include a copy of the Form I-130 that was filed in time to
grandfather you in, any proof of its mailing, and the subsequent INS approval notice to prove
that you are grandfathered in.
Application fee: Application fee must be sent with the application. It is lower if you are under 14 years of age. No application fee if you are
filing as a refugee.
Biometric fee: If you are between the ages of 14 and 79 years, you need to pay biometric services fee
for USCIS to take fingerprints.
I-485 fee includes the fee for I-131 (Advance Parole) and I-765 (EAD or Employment Authorization Document).
Therefore, you don't have to send separate fees for I-131 or for I-765. You can either file I-131 and/or I-765
concurrently with I-485 or separately. If you file them separately, you must also submit a copy of the receipt for
your Form I-797C, Notice of Action, as evidence of the filing of an I-485.
Applicants under 14 years of age: - Filing with the I-485 application of at least one parent have a fee total of $600 - Not filing with the I-485 application of at least one parent have a fee total of $930.
Fee details
Arrange the documents in following order:
Fee payment
Form G28, if applicable
Form I485 with two photos attached
Form I485 Supplement, if applicable
Form I864, if applicable
Form I131 and/or form I765
G325A
Other evidence
Supporting documentation
To hold each application packet together please use a single staple or a strong paper clip.
Several different application packages may be submitted in the same mailing. It is requested, however, that units be identified. For example, rubber band together all applications pertaining to the "Patel" family, all applications pertaining to the "Mehta" family, etc.
Application filing instructions
There is a special order of assembly for asylum/refugee based application:
Asylee:
Fingerprint fee, I-485 filing fee, G-28, I-485, photos, G-325A, evidence of asylee status, I-602,
evidence of one year presence, proof of any absences from US, birth certificate, proof of name change,
I-693 Medical with Vaccination Supplement, I-765, I-131.
Refugee:
Fingerprint fee, I-485, photos, G-28, G-325A, vaccination "Supplemental Form to I-693", evidence of refugee status, I-602, evidence of one year physical presence in US, proof of any absences from US,
birth certificate, proof name change, I-765, I-131.
As any concurrently filed applications such as (I-131, I-765) are not always processed with the
I-485, they must be complete in its own right and you must submit all the required documentation
with each concurrent application.
Mailing location depends upon the category the application is filed in.
- For following eligibility categories:
- 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;
- Applicants who are beneficiaries of an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, as a battered spouse or child;
- Widow/widower of a U.S. Citizen with an approved or concurrently filed Form I-360;
- Special Immigrant Military filing Form I-485 based on honorable active duty service in the U.S. armed forces with an approved or concurrently filed Form I-360;
- Special immigrant juvenile with a pending or concurrently filed Form I-360;
- Amerasians with an approved or concurrently filed Form I-360;
- Applicants eligible under the Cuban Adjustment Act of November 2, 1965.
- Diversity lottery winner eligible to file Form I-485;
- Public Interest Parolees from certain former Soviet and Southeast Asian countries filing Form I-485 under Public Law 101-167 (the "Lautenberg Amendment");
- Registry applicant filing Form I-485 based on birth in the U.S. to a foreign diplomatic officer;
- Former diplomat filing Form I-485 under Section 13 of the Immigration and Nationality Act;
- Registry applicant filing Form I-485 based on continuous residence in the U.S. since before 1/1/72;
- Applicants who are beneficiaries of Private Bills.
For United States Postal Service (USPS) deliveries:
USCIS
P.O. Box 805887
Chicago, IL 60680-4120
For private couriers (non-USPS) deliveries:
USCIS
Attn: FBASI
427 S. LaSalle - 3rd Floor
Chicago, IL 60605-1029
- For following categories:
- Asylee Adjustment of Status Applicants
File either at Nebraska or Texas Service center, depending upon your state.
- Employment-Based Adjustment of Status Applicants
-
Underlying petition is Form I-140, Immigrant Petition for Alien Worker.
File either at Nebraska or Texas Service center, depending upon your state.
-
Underlying petition is I-526, Immigrant Petition by Alien Entrepreneur.
File at Texas Service Center, irrespective of your state.
-
Special Immigrant International Organization Employee, including a retired employee, the spouse or child of current or retired employee, or surviving spouse of a deceased employee with a concurrently filed, pending, or approved Form I-360
For special immigrant international employees (and qualified family members), forms I-360 and I-485 may be filed concurrently.
File at Nebraska Service Center, irrespective of your state.
-
Afghan and Iraqi Translators
Afghan and Iraqi Translators cannot file Form I-360 and I-485 concurrently. The adjustment of status applications may be filed based on approved Form I-360.
File at Nebraska Service Center, irrespective of your state.
-
Special Immigrant International Organization Employee, including a retired employee, the spouse or child of current or retired employee, or surviving spouse of a deceased employee with a concurrently filed, pending, or approved Form I-360
For special immigrant international employees (and qualified family members), forms I-360 and I-485 may be filed concurrently.
File at Nebraska Service Center, irrespective of your state.
- Other Adjustment of Status Applicants with approved Form I-360
- Religious Worker or Minister
- Panama Canal Company Employment
- Canal Zone Government Employment
- U.S. Government in Canal Zone Employment
- Special Immigrant Physician
- International Broadcaster
These adjustment of status applicants cannot concurrently file Form I-360 and I-485. The adjustment of status applications may be filed based on approved Form I-360.
File either at Nebraska or Texas Service center, depending upon your state.
Filing location may (or may not) vary based on your state:
-
Nebraska Service Center Filings
Mail your package to the Nebraska Service Center if you live in the following states:
AK, AZ, CA, CO, Guam, HI, ID, IL, IN, IA, KS, MI, MN, MO, MT, NE, NV, ND, OH, OR, SD, UT, WA, WI or WY,
For United States Postal Service (USPS) deliveries:
USCIS
Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
For private couriers (non-USPS) deliveries:
USCIS
Nebraska Service Center
850 S. Street
Lincoln, NE 68508-1225
-
Texas Service Center Filings
Mail your package to the Texas Service Center if you live in the following states:
AL, AR, CT, FL, GA, KY, LA, ME, MD, MA, MS, NH, NJ, NM, NY, NC, SC, OK, PA, Puerto Rico, RI, TN, TX, VT, VA, U.S. Virgin Islands, WV, or Washington, DC
For United States Postal Service (USPS) deliveries:
USCIS
Texas Service Center
P.O. Box 851804
Mesquite, TX 75185-1804
For private couriers (non-USPS) deliveries:
USCIS
Texas Service Center
4141 North St. Augustine Road
Dallas, TX 75227
- Refugee Adjustment of Status Applicants
For United States Postal Service (USPS) deliveries:
USCIS
Nebraska Service Center
P.O. Box 87209
Lincoln, NE 68501-7209
For private couriers (non-USPS) deliveries:
USCIS
Nebraska Service Center
850 S. Street
Lincoln, NE 68508-1225
-
Haitian Refugee Immigrant Fairness Act (HRIFA-Dependents ONLY) Adjustment of Status Applicants
The filing period for HRIFA principals has closed. Only eligible dependents may file Form I-485.
For United States Postal Service (USPS) deliveries:
USCIS
Nebraska Service Center
P.O. Box 87245
Lincoln, NE 68501-7245
For private couriers (non-USPS) deliveries:
USCIS
Nebraska Service Center
850 S. Street
Lincoln, NE 68508-1225
Few weeks after you send the application, you will receive a receipt from USCIS.
It is called I-797C, Notice of Action.
Sample
This receipt is a very important document. It contains the A# (Alien Number) that is needed
for any communication with USCIS.
If you have filed I-765 (EAD, Work Permit) or I-131 (Advance Parole) along with I-485, you will
get separate receipt notices for each of them.
|
|