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Adjustment of Status is the final
stage of Green Card. After the completion of this process,
the applicant becomes a lawful permanent resident of
the US. A applicant can opt either for I485 or Consular Processing(CP).
1. File form I-485 - In this case, the applicant can
file for adjustment of status using form I485 for him/herself
and family members while remain in US.
2. Consular Processing - In this case, applicant can
apply for adjustment of status at the US Consular office
in their home country. (Please see our separate section
on Consular Processing for further details) What documents required to file
for I485 AoS? The following is a generic list of documents may required
for applying for 485/AoS application:
- Form I-485 - Application to Register Permanent
Residence or to Adjust Status.
- Birth Certificate
- Copy of Passport page with nonimmigrant visa
- Color photographs as per new guidelines
- Fingerprints ( USCIS will notify when and where
to provide finger Print)
- Fee : Non refundable Fee: $220 (for those 14 years
or older); $160 (for those less than 14 years of age)
by check or money order
- Form G-325A, Biographic Information (for those
between the ages of 14 and 79 years)
- Employment Letter - on employer's letterhead. This
letter should confirm that the job on which the visa
petition is based is available to you and it should
mention your salary.
- Copy of your I-797 Notice of Action, showing that
your I-140, Immigrant Petition for Alien Worker, has
been received or approved by INS (As of July 31, 2002,
an interim rule published in the Federal Register
allows for concurrent filing of Form I-485 with Form
I-140, if a visa number is immediately available)
- Form I-693, Medical Examination of Aliens Seeking
Adjustment of Status. ( Must be completed by the USCIS
authorized physician)
- Form G-28 Notice of Entry of Appearance as Attorney
or Representative. This will enable your lawyer to
represent you.
- Form I-765, Application for Employment Authorization
or EAD ( Optional, if you want Employment Authorization
while the case is pending)
- Form I-131, Application for Travel Document ( Optional,
if you want Travel document in case may have to travel
out of USA while case is pending)
- You might be required to submit copies of marriage
or divorce certificate, death certificate (of spouse),
birth certificates for children and certified copies
of any arrests or criminal records, depends on your
case.
- Other then these may be more documents required
and depends on individual case. An advise from an
immigration Lawyer can be worth.
Medical Examination All AoS applicants must pass a medical examination
conducted by a civil surgeon approved by the USCIS.
You can find the USCIS
approved civil surgeon in your area - online.
OR
You can contact USCIS' National Customer Service Center
at 1-800-375-5283 to find an approved civil surgeon
in your area.
The civil surgeon will record the results of the examination
on the Form I-693 and in sealed in an envelope which
should be submitted to USCIS along with 485 application.
You are responsible for paying all doctor and laboratory
fees for the exam. You must carry your passport (or
other form of photo identification) and your medical
and vaccination history. If a condition is diagnosed
which makes you inadmissible, you may still be eligible
for immigration after completing treatment for the condition. Fingerprinting When applying for AoS, you will be fingerprinted so
the USCIS can check for FBI and criminal records. The
USCIS accepts fingerprint cards prepared only by authorized
sites such as Application Support Centers (ASCs), and
US Consular offices and military installations abroad.
Once you file for I-485, the USCIS will send you a letter
with an appointment for fingerprinting at the nearest
ASC location. You must have the letter with you when
you go in for fingerprinting. There is a $70 charge
per person. Once your fingerprints are taken you will
be issued a card FD-258 Remember:You should not submit the FD-258 card with
your application. If you do so, the card will be rejected
and you will have to go for fingerprinting again. Employment Authorization Document
(EAD)?
You eligible family member like spouse can apply for
an EAD.
An approved EAD allows to work or business to the secondary
applicant (spouse).
The primary applicant, may take up a part-time job or
start a business as long continue working for the employer
who filed for the Green Card. Application for EAD can be filed concurrently along
with I-485 or any time after that as long as I-485 application
is pending. The following documents must accompany the
form:
- Fee of $175 payable by check or money order (Currently
the Form I-765 does not reflect this change, however
you must comply by the new rules or your application
will be rejected)
- 2 passport photographs taken within 30 days of
filing the application and as per the new guidelines.
- Copies of both sides of your I-94 card
- Copies of both sides of your EAD if you already
had one.
Depends on the service center, EAD approval may take
few weeks to few months to get approval.
For those who are secondary applicant and does not have
a Social Security Number or not allowed to work can apply
for Social Security Number , after receiving the EAD
Card.
Advance Parole ( Travel Document)
The Advance Parole or Travel Document is used to apply
for admission to the United States upon return from
abroad without having to obtain a visa from a US Embassy
or consulate. You must fill Form I-131 for Advance Parole. There is a non refundable Filling fee of $165
to be paid by check or money order.
This document is usually issued for the time it takes
for the AoS application to be processed and is valid
for multiple entries. Once your Advance Parole (Travel
Document) application is approved, you will receive
2 copies of form I-512. You must carry all 2 copies
when you travel out of the US for the first time. One
copy will be taken by the the USCIS officer at the port of entry. The second copy
is for you and should be used during all subsequent
trips.
What happens if your 6-year limit
on H-1 visa expires during this time? Once you apply for AoS, your status is considered as
"applicant for adjustment of status." You
can remain in the US even after your 6-year limit has
expired until the I-485 process is completed. If you
have not applied for AoS and your 6-year limit is reached,
then you must apply for 1-year or 3-year extension of
H-1 visa. Whether you are qualified to apply for H-1
extension will depend on the status of your employment-based
green card application. Can you include your spouse and children for AoS? Yes, you can include your spouse and children aged
less than 21 at the time of filing I-485 for Adjustment
of Status. You must submit all the documents required
for AoS for each dependent (except form G-28). In addition,
you may need to file Form I-134 (Affidavit of Support)
for each dependent. Other documents may include:
- Copy of passport with I-94
- Copy of I-797 and H-4 visa
- Copy of Birth certificate
- Copy of Marriage certificate
- Original Bank statements
- Passport photos as per new regulations
What are the new requirements for immigration photographs? The USCIS will now accept standard passport photographs
where the subject is facing the camera. Applicants who
submitted applications before 01 September 2004 will
not need to make any changes, but new applicants will
have to comply with the changed regulations. All photos
must be identical. You can read the new regulations
at the USCIS website. Visit the Department of State's
Guidelines for Photographs website to find out how you
can take photos that meet the requirements at home. Will you have to appear for an interview? Usually the interview is waived for most applicants.
If you are called for an interview, it will be a formality.
It is advisable to have your lawyer accompany you. The
reason for the interview is to clarify any changes or
corrections and to verify that all documents are correct.
You may be asked to carry any documents that were missing
or incorrect. You may be asked for tax records and pay
stubs. If your interview is waived (or if it is completed
and you meet all requirements) you will receive an approval
letter from the USCIS. You must go to the local USCIS
service center with your passport and all I-94 and EAD
cards. A temporary green card stamp (I-551) will be
placed on your passport. This is an interim green card
in case you need to travel out of the US. Within a few
months, your green card will arrive in the mail - it
is not green in color and looks more like a driver's
license or a credit card.
Sample Affidavit for Green Card purpose.
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