Incomplete FAQ on I485
Incomplete FAQ for Concurrent (I485)
Updated On Oct 9, 2002
New item marked with Bold
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I-485 Incomplete FAQ
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- Documents needed to apply for Adjustment Of Status (AOS)
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Documents for Adjustment of Status
When the priority date is current and you have always maintained a lawful status in the U.S. and are not otherwise ineligible to be a permanent resident, adjustment of status can be applied with the following documents: (All of the forms are in Acrobat PDF format and can be filled on the computer. There is no need to download the form, print and write by hand. After entering the value in the field, put one blank space otherwise the value in the field will not be visible.)
I-485 Application for Adjustment of Status.
Filing fee $255 payable by check/money order to regional service center(e.g., INS-VSC).
I-765 Employment Authorization Document. (If seeking employment while case is processed).
Filing fee $120 payable by check/money order to regional service center(e.g., INS-VSC).
I-131 Advance Parole(Travel Document)
Filing fee $110 payable by check/money order to regional service center (e.g., INS-VSC).
I-693 Medical Examination Sheet. This needs to be done at INS approved doctor in your area.
List of INS certified doctors in your area. Doctor also fills the supplement form to record vaccinations taken now/earlier.
G-325A Biographic Information Sheet(Between the ages of 14 and 79)
G28 Notice of Appearance. This allows your attorney to represent you.
Supporting documents needed for primary applicant:
Copy of passport with copy of I-94 (both sides).
Copy of I-797 Notice of Action. It is an H1B/L1 visa status document.
Copy of birth certificate.
If no birth certificate or problem with it, see Affidavit of Birth
Copy of degree certificate.
Copies of recent pay stubs.
Six Immigration Photographs (2 each for I-485, I-131 and I-765).
Note: These are immigration photographs and not passport photographs. They are also called ADIT style photographs. These photographs should be taken within 30 days of filing the application to INS.
Copy of approved Labor Certificate
Original Employment letter from the employer saying that the job is still available. It should be on the company stationary.
If applicable, the applicant must also submit copies of all marriage certificates, divorce decrees, death certificates (of former spouses), birth certificates of all children, and certified copies of any and all arrests and criminal court records.
Finger printing fee $25 payable by check/money order to regional service center (e.g., INS-VSC).
Any document not in English must be translated into English.
It is also recommended to submit Driver License Information
because from all I know, all application is checked against IBIS
Around apr/may'02 they introduced a new security check against IBIS (Its a combined database with data from FBI INS POE etc etc). When my case was pending and when I called the IIO, she told me the same thing and If I can remember correctly she said it takes about 3 weeks to a month to get the security check cleared.
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What is IBIS (copied from
www.immigration-law.com <
http://www.immigration-law.com>) ?
What is IBIS Check and How to Alleviate Processing Delays Resulting from the Hit?
People know that all the applications and petitions are currently mandatorily going through the IBIS check, causing delays in processing of cases, particularly when there is a IBIS hit in the checking process. IBIS is the abbreviation of Interagency Border Inspection System and a national security check system which utilizes data from various law enforcement sources such as NCIC, FBI, CIA, INS, Customs, and other agencies. The IBIS checks are reportedly instituted to "identify" suspected terrorists, aggravated felons, wants and warrants, previous INS contacts, national security risks and other causes for security concern.
A hit on an IBIS is known to cause a substantial delay in processing cases in order to establish identity, especially when similar common names are involved. The INS sources indicate that submitting a copy of the alien's driver license can be very helpful in alleviating such delays as the driver license includes such identity information as height, weight, hair color, etc. Driver license is considered a "private" document and not everyone will be comfortable to submit a copy when they file any application or petition. However, in some situations, particularly people from certain parts of the Middle East, East Asia, and Africa may want to consider such option after seeking legal counsel on the issue. In Islamic world and Hindu culture, certain names are extremely common and in a number of cases, the names are used loosely without clear identity.
Tips: People may want to print a "full" name, including middle name, with no abbreviations, and consider enclosing a copy of their driver licenses to help the INS to deal with the delays caused by the IBIS check. It is not a requirement, but a good tip of information to consider!
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If you are out of status before 180 days before applying I-485,
you must use section 245(k)
Here some Information on it
<<
http://my.netian.com/~wintry/memo2.htm>>
"an employment based immigrant may adjust status in the United States under section 245(k) even if he has been out of status for up to 180 days since his last entry into the U.S."
<<
http://www.rreeves.com/pub_129.htm>>
Finally, Section 245(k) allows for the adjustment of status of certain employment-based immigrants notwithstanding the fact that the Applicant is out of status, as long as the out of status period is less than 180 days. The INS has stated the 180 days is measured only from the expiration of their authorized stay since the alien's last entry into the United States, which means that the time is not counted in the aggregate, but must be consecutive to lose eligibility.
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It takes about 3-4 weeks for FBI to send result of FingerPrinting Check Result Back to INS
FingerPrint remains valid on file for 15 months. If your case comes to consideration after 15 months, you'll have to do FP again. (So, for my case, I'll have to re-do the FP).
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Some Common RFE for Adjustment of Status
1)Non Imigrant status prior to file the I-485 application.
2)Employment Authorization
3)Birth Certificates
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NSC AVM Phone Number : 402-323-7830
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INS WebSite regarding I-485
<
http://www.ins.gov/graphics/formsfee/forms/i-485.htm>
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I-485 Tracker
<
http://www.rupnet.com/immigration/index.asp>
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INS Online Checks
https://egov.ins.usdoj.gov/graphics/cris/jsps/caseStat.jsp
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Advantages and Disadvantages of EAD
Advantages of EAD:
- you can work part time for another employer. but you *must* remain employed full time with your I-140 sponsor to keep your I-485 alive.
- in case you are laid off, you can immediately join another employer using EAD. however, in order to ensure I-485 approval, the new job must match the old job which was labor-certified (and your I-485 should have remained unadjudicated for more than 180 days... read up on AC-21!).
- if you are reaching the 6-year limit on your H1B, you can switch to EAD instead of applying for a 7th year extension. however, this is risky due to the following:
Main disadvantage of EAD:
- if you switch to EAD, you lose your non-immigrant status that went with H1B. so in case your I-485 is denied, you cannot revert to H1B, and you are immediately out of status, and must leave the U.S.
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Very Good Link on I-485 (You should check it out)
<
http://www.hooyou.com/i-485/index.html>
<
http://www.immihelp.com/gc/aos/>
Please give me suggestion to make this FAQ helpful for
anybody
Thanks
