I-485 questions

[Anahit]

I am helping a friend to apply for his GC. He has a derivative asylum status thru his wife. I have a few questions. But, first, if there is a better forum to ask them, please let me know.

1. Should I fill out my information as a preparer of the form even though I don't work in a law firm?

2. Should every job be listed under employment during the last 5 years regardless of their length (like 2-3 months)?

3. On this page http://uscis.gov/graphics/services/RefAdjust/index.htm, it says that the derivative asylees should include "A copy of the letter granting you derivative asylee status either on the basis of having been included on the principal’s original asylum application or on the basis of having been the beneficiary of an I-730 petition filed by the principal." He wasn't included in the original application, so there must be a response to I-730. And, he doesn't have that letter. Will he get an RFE for that?

4. Should he send the Form I-643 with the package? It says "This form is used to provide statistical data to the Department of Health and Human Services regarding refugees or asylees who wish to adjust to immigrant status in the United States".
On this page: http://uscis.gov/graphics/howdoi/LPRApplication.htm, it says:
"If you are an asylee or refugee, you must submit a copy of the letter or Form I-94 (Arrival-Departure Record) that shows the date you were granted asylum or refuge in the United States. You also must submit USCIS Form I-643 (Health and Human Services Statistical Data)."
However, it is not included in the list of forms for asylees on the page above: http://uscis.gov/graphics/services/RefAdjust/index.htm.

Thank you for your time!

 

[Suzy977]

1. Should I fill out my information as a preparer of the form even though I don't work in a law firm?

I think you should do it. I, for example, I'm filling out the forms for my parents, since they don't read/write/speak english a thought is normal to have documents completed by somebody else and that person (me in this case) to fill out the preparer's info part.

 

[Anahit]

I think you should do it. I, for example, I'm filling out the forms for my parents, since they don't read/write/speak english a thought is normal to have documents completed by somebody else and that person (me in this case) to fill out the preparer's info part.

Thanks, Suzy.
I just checked my parents' applications, and realized that I did the same thing: I put my info, and N/A for the firm name ("None" would probably be more correct). I guess, it was logical in their case, I had no other choice: they did not know English. Here, for some reason, I questioned it. I probably shouldn't have.

 

[Suzy977]

I am helping a friend to apply for his GC. He has a derivative asylum status thru his wife.

Judging by the fact that so far nobody answered to your question, and, myself, I'm totally clueless about the question #3 & #4 I think that you posted in the wrong forum.
Maybe here you'll find the answers you're looking for:

http://www.immigrationportal.com/forumdisplay.php?f=37

Regarding question #2, I believe every job should be listed, the question doesn't ask for jobs longer than, let say, 6 months or so, it's asking for all jobs...on the other hand if there were 15-20 jobs like that in the past 5 years, that's a pain in the @.. to list them all.

 

[Suzy977]

Thanks, Suzy.
I just checked my parents' applications, and realized that I did the same thing: I put my info, and N/A for the firm name ("None" would probably be more correct). I guess, it was logical in their case, I had no other choice: they did not know English. Here, for some reason, I questioned it. I probably shouldn't have.

If your friend knows English well enough it doesn't matter both ways, if you put or you don't put your info there.

If he doesn't know English well enough, it is mandatory to have someone filling out the part at the end of the application, otherwise at the interview a perceptive IO could realize that discrepancy and God knows what s/he may think

 

[Anahit]

Judging by the fact that so far nobody answered to your question, and, myself, I'm totally clueless about the question #3 & #4 I think that you posted in the wrong forum.
Maybe here you'll find the answers you're looking for:

http://www.immigrationportal.com/forumdisplay.php?f=37

Regarding question #2, I believe every job should be listed, the question doesn't ask for jobs longer than, let say, 6 months or so, it's asking for all jobs...on the other hand if there were 15-20 jobs like that in the past 5 years, that's a pain in the @.. to list them all.

Thanks for your concern, Suzy, and for the link.
I don't know about the jobs... He has a main one, and at the same time he has been doing these temporary jobs here and there (he gets 1099 for them). I believe, he has like 10 jobs with the length of 2-3 months.

 

[Anahit]

If your friend knows English well enough it doesn't matter both ways, if you put or you don't put your info there.

If he doesn't know English well enough, it is mandatory to have someone filling out the part at the end of the application, otherwise at the interview a perceptive IO could realize that discrepancy and God knows what s/he may think

Makes sense.

 

[Jane Green]

Hello, Anahit!

1. Yes
2. Yes, every job, here in US and overseas for the last 5 years.
3. You friend must file his I-485 with Approved I-730 to show his eligibility for GC based on his derivative status.
NOA of I-730 (approval notice) a proof of his current immigration status and it also shows HOW that status was received/granted and another important thing – WHEN the status was granted.
Without it, his I-485 most likely will be rejected as “ineligible to adjust ”. I don’t think he will get RFE, they will just send a whole package back.
Tell me this – did the principal assylee (your friend’s wife) ever filed I-730 for him? Was it approved? Was it approved more then a year ago? Did they marry BEFORE her asylum application was approved?
If yes to all four questions, then he is illegible to adjust as derivative, but he must file with I-730 approval letter. Maybe your friend wife’s lawyer has a copy?
4. Yes. It’s just a simple form for statistical purposes, doesn’t have a fee.


P.S. Just in case you didn’t know:
• your friend doesn’t have to file his medical together with I-485. He’ll get a special RFE from NSC instructing him about FP and medical.
• he must file I-485 with a copy of marriage certificate as a proof the relationship existed before his wife was granted the status.
• 98% chances he’ll be adjusted without the interview.

 

[Anahit]

Hi Jane!
Thank you for your detailed and thoughtful response.
I did my homework on the topic, and YES, he is eligible to adjust his status.
About I-643 - I was just surprised not to see it in the list of forms for refugee/asylum adjustment. And, I already translated his birth/marriage certificates (no problem there!). They have been married for 20 years.
I posted this on the political asylum forum, as Suzy suggested. I was advised to send an FOIPA for NOA of I-730, but it's a good idea to check with their lawyer first.
Appreciate your reply.

 

[Jane Green]

Hi Jane!
Thank you for your detailed and thoughtful response.
I did my homework on the topic, and YES, he is eligible to adjust his status.
About I-643 - I was just surprised not to see it in the list of forms for refugee/asylum adjustment. And, I already translated his birth/marriage certificates (no problem there!). They have been married for 20 years.
I posted this on the political asylum forum, as Suzy suggested. I was advised to send an FOIPA for NOA of I-730, but it's a good idea to check with their lawyer first.
Appreciate your reply.

No problems, Anahit! I am, or I would rather say – was a derivative assylee myself and know a lot about it’s adjustment process. Was glad to share.

 

[Anahit]

No problems, Anahit! I am, or I would rather say – was a derivative assylee myself and know a lot about it’s adjustment process. Was glad to share.

That's good to know. I might need your help again!

 

[Anahit]

My friend wasn't able to locate neither the approval notice nor the receipt notice for I-730. I called the 800 number today, and spoke to an IO. She was nice! First she said there is nothing about it in the instructions of I-485, according to which, as an initial evidence of status you should submit a copy of I-94 or other evidence. But, when I told her where to look for Special Application Cases (http://uscis.gov/graphics/services/RefAdjust/index.htm), she agreed with me that the approval notice should be sent along with I-94.
There is a form I-824 for requesting a copy of the approval notice. The fee for I-824 is $200.00. So, I asked the IO if we can submit G-639 (the FOIA form) instead, she said - yes.
Now, I am not so sure again. A mean, the stamp on his white card clearly states: "Asylum status granted pursuant to section 208(a) of the INA". Why does he need that approval notice?
Please advise!

 

[Anahit]

Jane, Ari any ideas?

 

[Jane Green]

According to the instructions, the principal asylee should submit both: stamped I-94 and the letter. For derivative, which is your friend, they specifically ask for the letter.
And I have to agree, since the white card itself is not enough - it only shows the status, but does not provide information where, when and by whom it was granted.
Try to repost your question on Asylees forum. They might have more ideas.
All the best,
Jane

 

[Anahit]

According to the instructions, the principal asylee should submit both: stamped I-94 and the letter. For derivative, which is your friend, they specifically ask for the letter.
And I have to agree, since the white card itself is not enough - it only shows the status, but does not provide information where, when and by whom it was granted.
Try to repost your question on Asylees forum. They might have more ideas.
All the best,
Jane

Thanks for your input, Jane!