Frequently Asked Questions of I-485 Adjustment of Status
What is kind I-485 for ?
Form I-485 is the lotion 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 lotion 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 anterior to the termination of Form I-94.
What is the filing tip of I-485 ?
The charge tip of I-485 is $ 985. You need to add $ 85 biometric fee for a sum of $ 1140, where applicable. You must make your assay collectible to Department of Homeland Security. There are exceptions in which the applicant is not required to pay the entire $ 1140 :
- Applicants 79 years of age or older are not charged a biometric fee; the fee total is $985.
- There is no fee for applicants who are filing Form I-485 based on having been admitted to the United States as a refugee.
- There is no fee if an applicant is filing as a refugee under section 209(a) of the INA.
- 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 medical examination ?
During the compulsory medical examination, the stranger must present proof of vaccination against the trace diseases : mumps, measles, german measles, poliomyelitis, tetanus and diphtheria toxoids, whooping cough, influenza character 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 arrant series of each vaccine and there is no other evidence of immunity, the civil surgeon will administer a unmarried acid of each missing vaccine at the clock of the checkup interrogation and certify the estrange ‘s eligibility for a “ not medically appropriate “ waiver if the dose administered during the examination does not complete the vaccine serial .
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 determine that an applicant is not inadmissible based on health-related grounds if it meets any of the following 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 underlie profit application is insufficient for evidentiary purposes as of the time 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 alteration purposes be conducted by the USCIS or by a indicate state or local law enforcement agency ( LEA ) .
Where is fingerprinting done ? And what should I bring when I have my fingerprint done ?
actual fingerprinting in most cases is conducted at fingerprinting centers known as Application Support Centers ( ASCs ). The applicant should bring the appointment comment and a valid slice of identification ( extraterrestrial being adjustment acknowledge card or alternate photograph recognition, for example, a state-issued driver ‘s license ) to the schedule appointment. After fingerprinting is conducted, the USCIS will submit the fingerprint batting order to the FBI for a background check. An approving reply must be received from the FBI before an adjustment 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 generally takes thirty days for the FBI clearances to appear in the USCIS ‘s system .
For how retentive is the clearance valid ?
once a fingermark and clearance 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 authorization or progress password, those applications can be filed with the service center simultaneously as separate of the allowance of condition application software. An application for employment authority 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 tip give if I file EAD and /or AP simultaneously with I-485 ?
If you file form I-485 to adjust your status as a permanent wave resident, no extra fee is required to besides file an application for employment authority on Form I-765 and/or advance parole on Form I-131 .
What is the action operation for I-485 ?
initial process of the application takes place at a USCIS Lockbox Facility or a military service center. After the application has been filed, the applicant will next listen from the USCIS when a fingerprint notice is sent. The applicant will either be scheduled for a fingerprint at a local anesthetic application support center ( ASC ) or be told to schedule an interview with the local ASC. The fingerprints will be submitted to the FBI for fingermark checks through law enforcement databases. The applicant may besides hear from the USCIS if documents in the file are missing or unclear ( for exercise, if the documents establishing the relationship are not clear ). In this case, a request for foster evidence ( RFE ) will be issued. RFEs must be answered within twelve weeks of the request. RFEs will not be issued for checkup examination results ; such results may be submitted at the prison term of the adaptation interview.
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What checks are conducted by the USCIS concerning an I-485 application ?
USCIS conducts respective checks in decision of I-485 application :
- 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.
- 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.
- 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.
- 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.
- 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 footing. The consultation enables USCIS to verify crucial information about the applicant to determine eligibility for adjustment .
What should I bring to an interview ?
once the papers have been filed and the fingerprint has been completed, applicants for whom an interview is required will receive in the mail a comment of the interview date. This notification will give the time and position of the interview and tell the applicant to bring sealed documents to the interview .
If an interview is scheduled, the applicant should be prepared to bring the follow to the interview :
- Results of the required medical examination on Form I-693 (if such results were not submitted with the original adjustment application);
- His or her passport;
- His or her Form I-94;
- All original documents;
- An up-to-date letter of employment from the alien’s employer, documenting continued employment at a specified salary; and
- All documents pertaining to the petition in cases in which the petition was filed together with the adjustment application.
- The appointment notice
How is an interview performed ? What questions are normally asked in an interview ?
After putting the applicant under oath, the USCIS examiner will review the biographic information on For I-485 for accuracy and will correct any mistakes .
hera are some questions a USCIS examiner may ask :
- He or she will ask the alien the questions that appear on the form, regarding the bases for inadmissibility.
- 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.
- 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 application does not get approved at the interview ?
If the application can not be approved at the interview because the extraterrestrial being must provide extra data or because the proper clearances have not so far been received, the estrange must await the resolution of these issues before the approval notice will be sent to the alien .
When will I received an approval notice ? Can I travel afield or start to work after I receive an approval notice ?
The extraneous 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 Resident Card, Form I-551. The approval notice, Form I-797, is not adequate tell of the stranger ‘s permanent residence for purposes of traveling outside the United States and being readmitted as a nonmigratory, or for purposes of demonstrating employment authorization. The extraterrestrial being must return to the USCIS office after receiving the approval detect to receive impermanent attest of permanent wave residence. temp testify is normally in the imprint of a stamp in the new nonmigratory ‘s recommendation. With this emboss, the foreigner may travel abroad and be readmitted to the United States and may besides document employment mandate .
What if my spouse and children are still in my home 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 nation. This routine is called “ following to join “ the principal alien. You must request that the U.S. consulate where visa march will take place be notified that your condition has been adjusted to permanent wave residency .
What if my child ages over 21 during the time period of adjusting status ?
It is okay. New law provides for continue classification of certain aliens as children in cases where the aliens “ senesce out “ while awaiting immigration process .
Can I change employers when my I-485 is pending ? Will it influence the validity of my I-140 approval ?
The newly law provides that individuals who have filed for adjustment of condition and whose cases have been pending for more than 180 days may now change jobs or employers, without affecting the robustness of the implicit in I-140 or tug certification, deoxyadenosine monophosphate long as the new job is in the lapp or a exchangeable occupational classification .
What if I want to go back to my own country when my I-485 is pending ? Can I adjust my condition at my home plate nation after filing I-485 ?
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Yes. If you decide that you would now prefer to visa process abroad after the adjustment application is filed, you will need to take far steps in order to have your case processed abroad. specifically, you must file Form I-824 with the USCIS function that approved the initial petition to request that the consulate be notified of the prayer blessing .
What if my application gets denied ? Can I appeal the USCIS ‘s decision ?
When a decision is made to deny an lotion for adjustment of status, the applicant must be provided with a written decision setting forth the reasons for the denial. If your nonimmigrant visa is distillery valid, you may continue to stay in the U.S. based on the unexpired nonimmigrant visa. otherwise, you may face exile after the abnegation of I-485 application. No attract can be taken from the denial of an application by the USCIS. however, you may present a motion to Reopen and Reconsider to the USCIS agency based upon an argument of law or upon supplementary factual information that was not available at the time that the decisiveness was made and that has a give birth on the reasons for the denial .