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Step-by-Step Guides
ADJUSTMENT OF STATUS (I-485)
Below is a step-by-step procedure explaining how your Adjustment of Status
case will be processed. You should read this entire process before beginning
any of the Steps. In particular, you may want to review some of the
Miscellaneous Issues in the
process. Please follow the procedures exactly to insure both
efficiency and effectiveness in your case. If you have any questions, please
contact the attorney and/or paralegal handling your labor certification or
I-140 case.
STEP #1:
Please compile the following documentation for yourself and each family
member who will be immigrating with you i.e. spouse and children born
abroad. You will note that some of these documents may already be in our
files, however, we may have received those earlier copies from a variety of
sources and are not always able to determine the chain of custody demanded
by the 485 process. Therefore we are requesting that you provide all
documents listed below. Please mail it at your earliest convenience to the
attorney handling your labor certification and immigrant petition case.
a) A copy of all approval notices received from the USCIS
b) A copy of all I-94 cards (received upon entry into the U.S.); I-20's
(issued if you were ever in F-1 status in the U.S.); IAAP's (issued if you
were ever in J-1 status in the U.S.)
c) A copy of every page of the passport
d) A copy of your marriage certificate
e) A copy of the divorce decree from any previous marriages of yourself or
your spouse
f) A copy of the birth certificate for each family member adjusting status
with you
g) A copy of your income tax returns for the past three years
Please Note: If a document is not in English, then you should provide an
English Translation.
DOCUMENT TRANSLATION INSTRUCTIONS
TO OBTAIN A COPY OF A BIRTH CERTIFICATE, MARRIAGE CERTIFICATE OR DIVORCE
DECREE
ALTERNATE DOCUMENTATION
(This is necessary when a Birth Certificate is not available or
when the Birth Certificate does not list the name of the child or both names
of the parents.)
STEP #2
Complete Form G-325, Biographic Information, on yourself and on behalf of
each family member who will be adjusting with you.
Instructions for completion of Form G-325:
-Please print legibly. Our legal staff must be able to read your
hand-written G-325.
-Although the USCIS does not require the G-325 for children under the age of
14, our staff needs the information in order to complete other forms.
-In order to access the G-325 form you must have "Adobe Acrobat Reader"
software. If necessary, you may first download this free software.
-You do not need to sign the G-325, we will type out new forms for you to
sign.
-You do not have a “File Number” or “A Number”. Please leave those fields
blank.
FORM G-325
Special Note: You will notice that two copies
of this form appear as PDF files. Please only complete one copy of
this form for each family member.
After you have completed steps 1 and 2, please mail all to the attorney
handling your labor certification or immigrant petition (I-140) case.
STEP#3:
Complete your medical examination. To obtain the name of a CIS doctor in your area you may call
1-800-375-5283.
DISCLAIMER: The medical examination
results must be no more than one year old at the time that we file the I-485
Adjustment of Status. Therefore, we recommend that you do not complete the
medical examination until your I-485 is ready for filing.
To obtain a medical examination form, go to
http://www.uscis.gov/files/form/I-693.pdf
MEDICAL EXAMINATION INSTRUCTIONS
STEP #4:
Obtain the required photographs for your application. Keep in
mind that two photographs are needed for the I-485, two for the employment
authorization document, and two for the advance parole authorization. If you
are not sure whether you need the employment authorization document or the
advance parole authorization, please contact the attorney handling your
labor certification or immigrant petition.
USCIS Photograph Instructions
MISCELLANEOUS ISSUES IN ADJUSTMENT OF STATUS
COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING
Adjustment of status is the process whereby a foreign national obtains
permanent residence while physically present in the United States. In
contrast, consular processing is the procedure for obtaining permanent
residence at a United States Consulate outside of the United States.
Generally, it is preferable to file your case under the I-485 Adjustment of
Status process. If you are interested in having your case filed as a
Consular Processing case, please contact the attorney handling your case
immediately.
MEMO COMPARING ADJUSTMENT OF STATUS AND CONSULAR PROCESSING
EMPLOYMENT AUTHORIZATION
After a foreign national files the Adjustment of Status application he can
continue to work on the basis of his H or L nonimmigrant status assuming
that status has not expired. Adjustment of status applicants also have the
option of filing for an Employment Authorization Document (EAD) either at
the time of filing the I-485 or anytime after obtaining the I-485 Receipt
Notice. In essence, the applicant needs either the H or L nonimmigrant
status or the Employment Authorization Document but does not need both.
However, an adjustment applicant with a valid nonimmigrant status may want
to obtain an Employment Authorization Document to allow him to work an
additional job.
The spouse and children of the adjustment of status employee may obtain an
Employment Authorization Document either at the time of filing the I-485 or
anytime after obtaining the I-485 Receipt Notice. As such, the spouse and
children can work for any employer.
A foreign national can extend his H or L status even after filing the I-485
application.
TRAVEL DURING THE ADJUSTMENT OF STATUS PROCESS
A person may travel after
filing the Adjustment of Status application if s/he holds either of the
following:
• A valid H or L visa stamp in the passport, or
• Advance Parole authorization
If a person applies for advance parole (either because he does not have a
valid H or L visa or simply because he prefers to have advance parole) then
the advance parole authorization will be valid for a one year period and
will permit multiple entries into the United States.
OUT OF STATUS / UNLAWFUL PRESENCE
If you have been out of status or unlawfully present at any time, it is
imperative that you contact your attorney immediately. To do otherwise may
jeopardize your continuing status in the United States and/or may prove to
be a bar in traveling or adjusting your status to that of Permanent
Resident.
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