Frequently Asked Questions of I-485 Adjustment of Status

Frequently Asked Questions of I-485 Adjustment of Status

What is form I-485 for ?
Form I-485 is the application for adjusting immigration status. Foreign nationals who are in the U.S. with certain types of impermanent visa, and wish to change to a different visa classification, can file an application of I-485 for change of nonimmigrant status .
When should I-485 be filed ?
All I-485 applications are filed when I-140 is concurrently-filed, pending, or approved. note that the foreign national must file I-485 prior to the exhalation of Form I-94.

What is the filing tip of I-485 ?
The filing fee of I-485 is $ 985. You need to add $ 85 biometric fee for a sum of $ 1140, where applicable. You must make your check account payable to Department of Homeland Security. There are exceptions in which the applicant is not required to pay the entire $ 1140 :

  1. Applicants 79 years of age or older are not charged a biometric fee; the fee total is $985.
  2. There is no fee for applicants who are filing Form I-485 based on having been admitted to the United States as a refugee.
  3. There is no fee if an applicant is filing as a refugee under section 209(a) of the INA.
  4. For applicants under 14 years of age:

    A: Filing with the I-485 application of at least one parent have a fee total of $635.

    B: Not filing with the I-485 application of at least one parent have a fee total of $985.

What vaccination proof must be submitted at the time of checkup examination ?
During the want checkup examen, the alien must present proof of vaccination against the keep up diseases : mumps, measles, german measles, poliomyelitis, tetanus and diphtheria toxoids, whooping cough, influenza type B, hepatitis A, hepatitis B, chickenpox ( chickenpox ), haemophilic influenza type B, rotavirus, meningococcal, and pneumococcal vaccines. If the applicant ‘s records show that he or she has not received a dispatch series of each vaccine and there is no early tell of unsusceptibility, the civil surgeon will administer a unmarried dose of each missing vaccine at the time of the medical examen and certify the stranger ‘s eligibility for a “ not medically appropriate “ waiver if the dose administered during the interrogation does not complete the vaccine series .
How long is my medical examination result be valid ?
A completed Form I-693 submitted to USCIS on or after November 1, 2018 retains its evidential value to support a find oneself that an applicant is not inadmissible based on health-related grounds if it meets any of the come scenarios :

  • The civil surgeon signs Form I-693 no more than 60 days before the applicant files the underlying benefit application with USCIS; and USCIS issues a decision on the underlying benefit application no more than 2 years after the date of the civil surgeon’s signature.
  • The civil surgeon signs the Form I-693, and the applicant submits Form I-693, after the applicant files the benefit application with USCIS; and USCIS issues a decision on the underlying benefit application no more than 2 years after the date of the civil surgeon’s signature.

In all cases, a Form I-693 signed by a civil surgeon more than 60 days before the applicant files the fundamental benefit lotion is insufficient for evidential purposes as of the clock of its submission to USCIS. The table below illustrates these scenarios .
What will I need to do after filing I-485 ?
legislation enacted in 1997 requires that all fingerprints for adjustment purposes be conducted by the USCIS or by a indicate state or local jurisprudence enforcement means ( LEA ) .
Where is fingerprinting done ? And what should I bring when I have my fingerprint done ?
actual fingerprint in most cases is conducted at fingerprinting centers known as Application Support Centers ( ASCs ). The applicant should bring the appointment notice and a valid slice of designation ( alien registration receipt card or alternate photograph designation, for model, a state-issued driver ‘s license ) to the schedule appointee. After fingerprinting is conducted, the USCIS will submit the fingermark card to the FBI for a background check. An affirmative response must be received from the FBI before an adaptation lotion can be adjudicated .
How long does it take for the FBI clearance to be issued to the USCIS after my fingerprint is taken ?
once fingerprints are taken, it by and large takes thirty days for the FBI clearances to appear in the USCIS ‘s system .
For how farseeing is the clearance valid ?
once a fingerprint and headroom are in the system, the clearances are valid for fifteen months from that date. Applicants will need to be re-fingerprinted once the clearances have expired .
Can I file employment Authorization Document ( EAD ) or Advance Parole ( AP ) simultaneously with I-485 ?
If the applicant requires employment authority or advance password, those applications can be filed with the overhaul center simultaneously as part of the alteration of condition application software. An application for employment authorization is filed on USCIS Form I-765 and an advance parole application is filed on USCIS Form I-131. You may file these forms together. If you choose to file the I-765 and/or I-131 individually after July 30, 2007, you must besides submit a imitate of your I-797C, Notice of Action, receipt as evidence of the filing of an I-485 .
Is extra fee give if I file EAD and /or AP simultaneously with I-485 ?
If you file form I-485 to adjust your condition as a permanent resident, no extra tip is required to besides file an application for employment authorization on Form I-765 and/or promote parole on Form I-131 .
What is the serve procedure for I-485 ?
initial serve of the application takes place at a USCIS Lockbox Facility or a service center. After the application has been filed, the applicant will next learn from the USCIS when a fingerprinting notification is sent. The applicant will either be scheduled for a fingerprint at a local application defend plaza ( ASC ) or be told to schedule an interview with the local ASC. The fingerprints will be submitted to the FBI for fingerprint checks through police enforcement databases. The applicant may besides hear from the USCIS if documents in the file are missing or ill-defined ( for exemplar, if the documents establishing the kinship are not clear ). In this subject, a request for far tell ( RFE ) will be issued. RFEs must be answered within twelve weeks of the request. RFEs will not be issued for medical examination results ; such results may be submitted at the time of the alteration interview.

What checks are conducted by the USCIS concerning an I-485 application ?
USCIS conducts several checks in decision of I-485 lotion :

  1. A filed petition is checked against a USCIS fraudulent petition index in which a record is kept of prior petitions filed in which some element of fraud was involved.
  2. Background (name) checks are conducted against a multi-agency database containing lookout information on persons who have a history of past immigration problems or may pose security threats.
  3. Concurrently filed petitions may also be checked against files already in existence for the petitioner and/or beneficiary to determine whether the information in the petition is consistent with previous statements made by either party in papers already on file.
  4. The USCIS may also conduct a check of the authenticity of supporting documents against DOS descriptions contained in that agency’s Foreign Affairs Manual. If there are any doubts regarding these documents, the USCIS may request the original documents.
  5. With regard to applications for ancillary benefits, the USCIS will conduct prima facie review of all I-140s concurrently filed with I-485s prior to adjudication of employment authorization applications (Form I-765’s) or applications for advance parole (filed on Form I-131).

Is an interview required for I-485 Adjustment of Status ?
After March 6, 2017, all adaptation of condition applicants must be interviewed by an officer unless the interview is waived by USCIS. The decision to waive the interview should be made on a individual basis. The interview enables USCIS to verify important information about the applicant to determine eligibility for allowance .
What should I bring to an consultation ?
once the papers have been filed and the fingerprinting has been completed, applicants for whom an interview is required will receive in the mail a detect of the interview appointment. This notice will give the clock time and set of the interview and tell the applicant to bring certain documents to the interview .
If an consultation is scheduled, the applicant should be prepared to bring the follow to the interview :

  1. Results of the required medical examination on Form I-693 (if such results were not submitted with the original adjustment application);
  2. His or her passport;
  3. His or her Form I-94;
  4. All original documents;
  5. An up-to-date letter of employment from the alien’s employer, documenting continued employment at a specified salary; and
  6. All documents pertaining to the petition in cases in which the petition was filed together with the adjustment application.
  7. The appointment notice

How is an interview performed ? What questions are normally asked in an interview ?
After putting the applicant under curse, the USCIS examiner will review the biographic information on For I-485 for accuracy and will correct any mistakes .
here are some questions a USCIS examiner may ask :

  1. He or she will ask the alien the questions that appear on the form, regarding the bases for inadmissibility.
  2. He or she may ask the applicant about the basis for permanent residence, particularly about the offer of employment if the case is a job-offer type of case.
  3. If the alien has not been employed but has been in the United States for a prolonged period, the examiner is sure to look closely at the alien’s means of support to make certain that he or she has not engaged in unauthorized employment.

What if my lotion does not get approved at the interview ?
If the application can not be approved at the interview because the alien must provide extra information or because the proper clearances have not yet been received, the foreigner must await the resolution of these issues before the approval comment will be sent to the alien .
When will I received an approval notice ? Can I travel abroad or start to work after I receive an approval notice ?
The foreign national will be sent an approval notice, Form I-797, once the DOS has assigned the visa number. The USCIS will besides process the applicant for issue of a permanent wave Resident Card, Form I-551. The approval comment, Form I-797, is not adequate testify of the stranger ‘s permanent mansion for purposes of traveling outside the United States and being readmitted as a resident, or for purposes of demonstrating employment authorization. The alien must return to the USCIS office after receiving the blessing notice to receive irregular tell of permanent residence. impermanent testify is normally in the form of a stamp in the fresh nonmigratory ‘s recommendation. With this tender, the alien may travel abroad and be readmitted to the United States and may besides document employment authority .
What if my spouse and children are still in my family country ? Will their visa be approved ?
Yes. If you have adjusted status, your spouse or unmarried children under 21 will obtain immigrant visa at a U.S. consulate in your home area. This procedure is called “ following to join “ the principal estrange. You must request that the U.S. consulate where visa serve will take place be notified that your status has been adjusted to permanent residence .
What if my child ages over 21 during the period of adjusting condition ?
It is okay. New law provides for continue classification of certain aliens as children in cases where the aliens “ old age out “ while awaiting immigration processing .
Can I change employers when my I-485 is pending ? Will it influence the validity of my I-140 approval ?
The fresh law provides that individuals who have filed for adaptation of condition and whose cases have been pending for more than 180 days may nowadays change jobs or employers, without affecting the cogency of the underlying I-140 or labor certification, deoxyadenosine monophosphate farseeing as the new job is in the same or a similar occupational classification .
What if I want to go back to my own area when my I-485 is pending ? Can I adjust my condition at my home nation after filing I-485 ?

Yes. If you decide that you would now prefer to visa march overseas after the adjustment application is filed, you will need to take farther steps in ordering to have your case processed overseas. specifically, you must file Form I-824 with the USCIS office that approved the initial prayer to request that the consulate be notified of the petition approval .
What if my lotion gets denied ? Can I appeal the USCIS ‘s decisiveness ?
When a decision is made to deny an lotion for alteration of status, the applicant must be provided with a written decision setting forth the reasons for the denial. If your nonimmigrant visa is however valid, you may continue to stay in the U.S. based on the unexpired nonimmigrant visa. differently, you may face exile after the defense of I-485 application. No entreaty can be taken from the defense of an lotion by the USCIS. however, you may present a motion to Reopen and Reconsider to the USCIS position based upon an argument of jurisprudence or upon supplementary factual information that was not available at the fourth dimension that the decision was made and that has a hold on the reasons for the abnegation .

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