1. What is the purpose of filing the Adjustment of Status Form (I-485)?

The Adjustment of Status Form (I-485) is used to apply for a change of immigration status from a nonimmigrant to a lawful permanent resident. This form is used to apply for legal permanent residence, to adjust immigration status from nonimmigrant to immigrant, and to register permanent residence or adjust status. The form is also used to apply for accompanying family members.

2. What information is needed to complete the I-485 form?

In order to complete the I-485 form, you will need to provide your full name, date of birth, place of birth, current address, contact information, information about any previous applications for permanent residency, passport information, family information, employment information, and details about any criminal background. You will also need to provide two passport-style photos and evidence to support your eligibility for permanent residency.

3. How long does the adjustment of status process take?

The length of time for the adjustment of status process can vary greatly depending on the individual case. Generally, it can take anywhere from 6 to 12 months.

4. What documents must be included with the I-485 form?

The documents that must be included with the Form I-485 are:
* Proof of identity such as a valid passport or birth certificate
* Two passport-style photographs
* Evidence of lawful admission or parole, such as a Form I-94
* An Affidavit of Support, Form I-864
* Any additional evidence in support of the application such as evidence of employment authorization, if applicable
* The filing fee and any supporting fees, if applicable

5. What fees must be paid with the I-485 form?

When filing Form I-485, the application fee for the principal applicant is $1,140, and the biometric services fee is $85. This fee must be paid in US dollars and can be paid by check, money order, or credit card. In certain cases, the application fee may be waived.

6. What is the difference between an I-485 form and an EAD card?

An I-485 form is a form used to apply for permanent residence (also known as a green card). An EAD card (Employment Authorization Document) is a card that allows foreign nationals to work legally in the United States. The I-485 form is used to apply for permanent residence, while an EAD card can be obtained after the I-485 form has been processed and approved.

7. What is an Affidavit of Support and why do I need to complete one?

An Affidavit of Support is a legal document that sponsors—usually U.S. citizens and lawful permanent residents—sign to accept financial responsibility for an international visitor who wishes to enter the U.S. You may need to complete one if you are sponsoring an international visitor who wishes to enter the U.S. The document must be completed and notarized before it can be submitted to U.S. Citizenship and Immigration Services (USCIS) as part of the visitor’s visa application. By signing the affidavit, you are promising to financially support the visitor for as long as they remain in the U.S., up to the time when they become a U.S. citizen or permanent resident, or can demonstrate that they have departed from the U.S.

8. How do I prove that I am eligible for adjustment of status?

You will need to provide evidence that you meet all the requirements for adjustment of status. This may include documents such as passports, birth certificates, marriage certificates, proof of employment authorization (work permits), and any other relevant evidence.

9. How do I prove that I have continuous residence/physical presence in the US?

In order to prove that you have continuous residence in the US, you should provide evidence such as tax returns, bank statements, employment records, and utility bills. You will also need to submit a sworn affidavit that explains your residence history, along with supporting documentation. Additionally, if you have traveled outside of the US, you should provide copies of passports and any other documents related to trips abroad.

10. Are criminal records considered when adjudicating my adjustment of status application?

Yes, criminal records are considered when adjudicating adjustment of status applications. Before an adjustment of status application can be approved, USCIS must determine that the applicant is admissible to the United States. This involves examining the applicant’s criminal record and other factors to determine whether the individual is inadmissible under the Immigration and Nationality Act.

11. What is the National Visa Center and why do I need to contact them?

The National Visa Center (NVC) is a division of the US Department of State that assists with the processing of immigrant visas. It is responsible for collecting and reviewing all the required documentation for applications, providing information to applicants, and transmitting approved applications to US embassies and consulates abroad for visa interviews. All applicants must contact the NVC before they can proceed with visa processing.

12. Are medical examinations required for adjustment of status applicants?

Yes, medical examinations are generally required for adjustment of status applicants. The medical examination must be completed by a designated civil surgeon, and must include a testing for certain communicable diseases.

13. How do I prove my identity as part of my adjustment of status application?

In order to prove your identity, you must present a valid, unexpired passport or national identity document from your home country. Additionally, you may need to provide other documents such as a birth certificate or school transcripts that can help verify your identity. If you do not have any of these documents, you may need to speak with an immigration attorney to discuss alternative options.

14. What should be included in a declaration of support when filing for adjustment of status?

A declaration of support should include a signed statement from a sponsor, attesting to their promise to provide financial support to the foreign national filing for adjustment of status. The statement should also include the sponsor’s name, address, and contact information, as well as a description of all the assets and income available to them for support. The statement should also be accompanied by appropriate evidence such as pay stubs, tax returns, bank statements, and other documents to demonstrate the sponsor’s financial capability.

15. What is the difference between an immigrant visa and an adjustment of status application?

An immigrant visa is when someone applies for entry into the United States through a consulate or embassy outside of the US, while an adjustment of status application is when someone already present in the US applies to change their immigration status.

16. How do I know if my adjustment of status application has been approved or denied?

After you have filed Form I-485, Application to Register Permanent Residence or Adjust Status, you will receive a notice from U.S. Citizenship and Immigration Services (USCIS) informing you either that your application has been approved or denied. This notice will come in the form of an I-797 Notice of Action.

17. Can I work while my adjustment of status application is pending?

Yes, you can work while your application is pending. If your employer requires it, you can apply for an Employment Authorization Document (EAD). This document will allow you to work while your application is pending.

18. What is the difference between an Employment Authorization Document (EAD) and a green card?

An Employment Authorization Document (EAD) is a work permit issued by the U.S. Citizenship and Immigration Services (USCIS) that allows foreign nationals to legally work in the United States. It is only valid for a certain period of time and must be renewed or replaced when it expires. A green card, on the other hand, is a permanent resident card issued by the USCIS that grants the holder permanent residency in the United States. With a green card, the holder has the right to live and work in the United States indefinitely.

19. How do I apply for travel documents after being granted adjustment of status?

Once you have been granted adjustment of status, you can apply for travel documents by filing Form I-131, Application for Travel Document. This form can be found on the U.S. Citizenship and Immigration Services (USCIS) website. You will also need to submit supporting evidence such as a copy of your passport, a copy of your Adjustment of Status Form (I-485), and any other relevant documents requested by USCIS.

20. If my spouse is also filing an adjustment of status application, what documents must they submit with their application?

Your spouse must submit the following documents with their adjustment of status application:

– A copy of your valid marriage certificate
– Evidence that your marriage is bona fide, such as joint leases, joint bank accounts, and joint tax returns
– Documentation of lawful entry into the U.S. (if applicable)
– Supporting documents to show eligibility for adjustment of status (such as evidence of financial stability, proof of employment, and criminal background checks)
– Two passport-style photographs
– A completed Form I-485, Application to Register Permanent Residence or Adjust Status
– Form I-864, Affidavit of Support (if applicable)
– Any other documents required by the U.S. Citizenship and Immigration Services (USCIS) for your spouse’s particular circumstances