• HAMMOND & ASSOCIATES PROCEDURE FOR HANDLING ADJUSTMENT OF STATUS CASES

Below is a step-by-step procedure explaining how your Adjustment of Status case will be processed. You may begin steps 1 and 2 upon the filing of your Labor Certification. We do not suggest proceeding to steps 3 and 4 until your Labor Certification has been approved and your priority date is "current". 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 INS
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 the applicant must 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.
  Please Note: This form is not the only form that has to be filed with the I-485 application; however, this form is comprehensive and provides us with the information we need for all the forms. Although the INS does not require the G-325 form for children under the age of 14 we need the information in order to complete the necessary forms.
  
  Please Note: In order to access the G-325 form you must have "Adobe Acrobat Reader" software. If necessary, you may first download this free software.
  
  • FORM G-325

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 IF your Labor Certification has been approved and your priority date is current. To obtain the name of an INS 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 Labor Certification petition is approved and your priority date is current. [If you complete the medical examination you do so at your own risk keeping in mind that priority dates do not move in any consistent manner.]

To obtain a medical examination form, please email your request to medexams@hammondlawfirm.com and a form will be mailed to you.

• MEDICAL EXAMINATION INSTRUCTIONS

STEP #4:

Obtain the required ADIT-style 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.

• PHOTOGRAPH INSTRUCTIONS

STEP #5:

Once your Labor Certification petition has been approved, you will receive a phone call from the attorney handling your case, normally within a week to 10 days of receipt of the approval notice. During that phone call, you will discuss the I-485 process and the attorney will be able to answer any questions you may have.

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.

• MEMO COMPARING ADJUSTMENT OF STATUS AND CONSULAR PROCESSING

Please Note: If you are interested in doing consular processing, contact the attorney handling your labor certification or immigrant petition case.

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

Historically, if a foreign national left the United States after filing the Adjustment of Status application without first obtaining Advance Parole then the INS viewed the applicant as having abandoned the I-485 application. As such, once foreign national returned to the United States he would have to re-file the I-485 application. Effective July 1, 1999 the INS announced that a person could travel after filing the Adjustment of Status application if he had either of the following:

· A valid H or L visa 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.

WARNING: If a person is subject to the 3/10 year bar based upon unlawful presence then he is not permitted to travel and return to the United States even if he has advance parole authorization. Warning: The INS issues Advance Paroles without reviewing whether a person may be subject to the 3/10 year bar. In fact, the advance parole document itself provides the following warning:

If after April 1, 1997, you were unlawfully present in the United States for more than 180 days before applying for adjustment of status, you may be found inadmissible under section 212(a)(9)(B)(I) of the Act when you return to the United States to resume the proceedings of your application.