Generally, the priority date is the date on which a prospective immigrant's petition is filed (sometimes it differs with the filing date) with the U.S. Citizenship and Immigration Services (USCIS) or with the Department of Labor for certain employment-based visas. The priority date is crucial because it establishes an individual's place in line for visa processing, especially in cases where the number of visa applications exceeds the available visa quotas. You can find the priority date in your I-140 Receipt notice or in the approval notice.

Filing the I-140 and the I-485 applications at the same time is called concurrent filing. Concurrent filing is only possible in 2 specific scenarios:

• If the date listed in the visa bulletin for your particular category is listed as “C” or your Priority Date is current at the time of filing the I-140 and I-485 applications together.
• If you have an older I-140 petition with a current priority date, and you are now filing a new I-140 petition and are planning to port the priority date of the newer petition to the older, current priority date.

Except for these 2 scenarios, it is not possible to file the I-140 and I-485 at the same time. You will have to file the I-140 petition first, and then file the I-485 application once you receive the receipt notice of the I-140 petition.

The I-485 processing times vary between cases. Mostly it depends on the USCIS field office dealing with the particular case. Depending on the caseload at the field office, it can take anywhere from 8 to 14 months or more for an I-485 application to be approved. The processing times also depend on the basis of the I-485 application, i.e., whether it is family based, employment based or asylum based.

You only need to state your prior traffic violations in your I-485 application in 3 specific scenarios:

• If you have any traffic/parking/speeding tickets with a fine of $500 or more
• If you were called to court regarding your traffic violation,
• If your citations include any Alcohol or substance abuse concerns.

If your citation does not fall under one or more of the above categories, you do not need to state it in your I-485.

Upon receiving I-485 approval, the applicant is mailed a Permanent Resident Card. The date the Form I-485 is approved becomes the date of adjustment, which in turn determines how soon the newly adjusted Lawful Permanent Resident (LPR) may apply for U.S. citizenship.

After your I-485 is filed, you will receive a receipt notice from USCIS. After that you will get another notice in the mail about your biometrics services appointment, which will be held at a local Application Support Center (ASC). The notice will tell you the date, time, and location of your appointment. And then finally, you will receive another notice for either the approval or in some very limited cases, an interview.

If U.S. Citizenship and Immigration Services (USCIS) denies an I-485, there are various options available to applicants (depending on the reason for denial), including a motion to reconsider or reopen, appealing the decision, and re-filing.

Applicants have to attend an ASC appointment interview as part of their I-485 approval process. During this appointment, the applicants’ biometric information is obtained by the USCIS. In some rare cases, the USCIS may also ask the applicants to attend a green card interview before issuing the green cards. This is usually done by USCIS to sort out inconsistencies in the information provided by the applicants. When the interview of an applicant might occur depends on the field office that is dealing with that particular applicant’s case.

All USCIS field offices and service centers have average case processing times for each type of application. If you think your case is pending for a long time, you should first check if the case has been pending for longer than the average case processing time for that particular service center or field office. If it is, in that case, you may file an e-request to USCIS to expedite the application process. You may also file a writ of mandamus petition to expedite the case process if the case has been pending for more than 1-2 years.

Yes, you can stay in the US in “pending I-485” status while your I-485 application is being processed by the USCIS. As a matter of fact, you can not leave the US with a pending I-485 application without the advance parole.

As OPT and STEM OPT are nonimmigrant benefits and the I-485 application is the application for an immigrant benefit (your green card), generally the better option is to apply for OPT/STEM OPT first, and file the I-485 application after receiving the OPT/STEM OPT approval. However, you may also file the I-485 application first and then apply for the OPT and/or STEM OPT. However, the applicant has to keep in mind that there is a chance that your OPT/STEM OPT application will be denied if filed after the submission of the I-485.

Tax Return Files are not mandatory or required for the Employment Based I-485 Application. However, if your spouse is a beneficiary of your application and you have a joint Tax Return File or your spouse’s name is mentioned in your Tax Return File then you should submit it as evidence of shared life.

An A-Number (Alien Registration Number) is a seven- to nine-digit number that can be found on a variety of documents from U.S. Citizenship and Immigration Services (USCIS) or the former INS. USCIS uses the Alien Registration Number to track the immigration files for immigrants (and some nonimmigrants). You can find your A number on the EAD card, I-140 Approval Notice, Green Card, naturalization certificate etc.

A valid passport is not necessary at any point during the I-485 application process. You just need to bring your most recent passport, which will be considered by the ASC officers as a photo identification.

Yes, you can, you only need to submit a short explanation to the NVC through the public inquiry form that you wish to file an I-485 application with the USCIS instead of going through the IV Processing.

As a rule, you may only use a nonimmigrant visa to travel to the US for the purposes stated in the visa. For example, B-1/B-2 visitors may only travel to the US for temporary visits related to pleasure or business. They must return home after the purpose of the visit is concluded and/or the authorized stay expires. To prove to the immigration authorities that you did not travel to the US specifically to adjust your status, you shouldn’t adjust your status within the first 90 days of your stay in the US. However, there are exceptions for certain visas.

If the immigration authorities believe that a non-immigrant visa holder (F-1, B1/B2, J-1) engaged in activities inconsistent with their visa status within the first 90 days of their entry into the US, it can lead to the presumption that the individual willfully misrepresented their intent at the time of entry. This rule is called the 90-day rule.

This rule applies to nonimmigrants (for example- F1, B1/B2, J1, etc.) who are in the United States on a temporary visa. If found to have violated the rule, their application for permanent resident status (I-485) may be declined, and their visa revoked.

When you’re counting 90 days, it’s crucial to count it the correct way (and most importantly, the way the USCIS does). The best way is to take your most recent I-94 travel record and add at least 90 days to the most recent entry date to the US. To be on the safe side, you can add 100. Both working days and holidays are counted in the 90-day rule.

For the employment based I-485 application, you will need the following documents from your employer:

• For EB3 PERM applications, you need a job offer letter, an employment verification letter, an approved PERM labor certification and a signed I-485J form, all signed by your employer.
• For EB2 applications without NIW, you need a job offer letter, an employment verification letter and a signed I-485J form, all signed by your employer.
• For EB2 NIW applications, you need a job offer letter and an employment verification letter, all signed by your employer.
• For EB1 applications, you do not need any documentation from your employer.

If you are currently a PhD or graduate student and are contributing as a research assistant or teaching assistant, you can state that as your current occupation. Please make sure the field where you are working currently - remains the same as the I-140.

Any relative who was 18 years or older at the time of the applicant’s birth can provide the affidavit of birth.

Pictures on the affidavit of the birth letter are not mandatory. But the letter must have the affiant’s signature.

The I-765 application is filed to obtain work authorization for the applicant. Upon approval of this application, the applicant is granted an EAD card, which allows them to work while their green card is pending.

Just like I-485 applications, the processing times for I-765 applications vary between different USCIS service centers and benefits centers. In general, it takes around 6-7 months to receive approval.

If you submitted Form I-765, Application for Employment Authorization, along with your Form I-131, Application for Travel Document, as a part of your adjustment of the status package, the EAD and advance parole travel document are generally combined on a single combo card. With the combo card, you are considered an adjustment of status applicant who may work in the United States and travel outside the U.S. according to the criteria of advance parole.

The filing fees for Form I-765 is $260 if filing along with the I-485 application or under a pending I-485 application.

The filing fees for Form I-131 is $630 if filing along with the I-485 application or under a pending I-485 application.

Yes, you can travel while Form I-485 is pending if USCIS has granted you Advance Parole. Remember that, if you travel before approval of Advance Parole (I-131), your I-485 will be denied.

The date that is entered in the I-131 application as the date of travel is a tentative date. The length of the trip is also approximate. You do not have to put in your exact travel date, nor do you have to follow that exact date while planning for a trip.

USCIS may expedite your application if you have a dire emergency and can provide evidence for the urgent need to travel (e.g., medical documentation, death certificate).

You may be able to obtain an emergency Advance Parole Document if one or more of the criteria below have been met:

• Severe financial loss to company or person;
• Emergency situations;
• Humanitarian reasons;
• A nonprofit organization whose request is in furtherance of the cultural and social interests of the United States;
• Department of Defense or National Interest Situation (Note: The request must come from an official U.S. Government entity and state that delay will be detrimental to the Government.);
• USCIS error; or
• Compelling interest of USCIS.

When traveling with advance parole as an adjustment of status applicant, you need to remember to:

• Take your original Advance Parole Document
• Take a photocopy of the I-797C Notice of Action confirming that your I-485 application was accepted.
• Return before the deadline on your Advance Parole Document – leave extra time in case of travel delays

Except for some special applicants, every I-485 applicant is subject to the public charge ground of inadmissibility.

USCIS evaluates factors such as the applicant's age, health, family status, assets, resources, financial status, and education and skills to assess their likelihood of becoming primarily dependent on the government for subsistence.

Public cash assistance for income maintenance and long-term institutionalization at government expense are considered when determining if an applicant is inadmissible to the US under the public charge inadmissibility grounds.

Yes, USCIS considers an applicant's assets and resources as part of the factors assessed to determine the likelihood of becoming a public charge.

USCIS considers an applicant's education and skills as factors that may influence their ability to secure employment and financial independence in the United States.

Generally, USCIS does not consider non cash benefits in making public charge determinations. The only non cash benefit they consider is long-term institutionalization at government expense. They also do not consider special-purpose cash assistance that is not intended for income maintenance.

Yes, certain humanitarian categories such as refugees, asylees, and victims of trafficking or qualifying criminal activity are exempt from the public charge of inadmissibility.

Failure to disclose relevant information can lead to delays or denials in the application process.

Disclose this information on Form I-485 and explain the circumstances in the additional information section.

Yes, household income and assets of all included family members must be disclosed, excluding specific illegal sources.

Yes, all applicants filing Form I-485 must undergo a public charge assessment. This includes providing information about their financial status, education, skills, health, and other relevant factors.

Receiving certain public benefits may raise concerns about the applicant's ability to support themselves financially in the future. It's essential to understand which benefits are considered and consult with immigration counsel if you have concerns about your eligibility.

Certain categories of applicants may be exempt from the public charge rule or eligible for waivers, such as refugees, asylees, and certain other humanitarian cases. It's essential to review the specific eligibility criteria and consult with immigration experts if you believe you qualify for an exemption or waiver.

You must live within the state or USCIS district from which you are applying for at least 3 months before filing.

You have to be at least 18 years of age at the time of filing (except active duty members of the U.S. Armed Forces).

You have to maintain continuous residence for a required period of time. If you are filing form N-400 (naturalization application) because you have been a green card holder for 5 years or more, then you need to maintain physical presence in the United States as a permanent resident for at least 30 months. On the other hand, when you apply for naturalization because you have been a parliament resident for 3 years, but you are married to a US citizen, then you need to maintain physical presence as a green card holder for at least 18 months.

You might be able to apply for naturalization even if your green card is expired. USCIS does not explicitly ask for a valid or unexpired green card for citizenship application. Many have been able to get their citizenship while filing N-400 (naturalization application) with an expired green card. However, you should consult an immigration attorney if your green card is already expired and you want to file for naturalization. Another option is, you can submit form I-90 to renew or replace your current green card, and then file for naturalization with the receipt notice of your pending I-90 (Application to Replace Permanent Resident Card ).

A conditional green card remains valid for a two-year period. A permanent green card is valid for ten years; otherwise, the two cards offer the same rights and privileges. You can apply to remove conditions from your conditional green card before the expiration of that conditional green card. If USCIS approves your condition removal application, you will be given a permanent resident card.

In short, no. You have to become a permanent resident from a conditional residence before you can apply for N-400. However, if you have already applied to remove the condition and you have a receipt notice for this application (I-797C-Notice of Action), then you can apply for naturalization with the receipt notice.

You can legally change your name when you naturalize. You need to input your name change request in the forms and submit evidence regarding the matter if you want to legally change your name.

Yes. You can legally change your name after filing your application for naturalization with USCIS. If your name has changed after you filed a naturalization application, you must promptly provide USCIS with the documents that legally changed your name, such as a marriage certificate, divorce decree, court order, or other official records.

Yes. You need to provide your residence history for the last 5 years till your naturalization application.

Yes, you need to provide your every employment for the last 5 years till your naturalization application. You will also need to mention this even if you were unemployed during this time.

Yes, you need to provide information about your every child regardless of whether they are alive, missing, deceased; born in other countries or the United States; under 18 years of age or over 18 years of age; married or unmarried; living with you or elsewhere; current stepchildren; legally adopted children; or children born when you were not married.

If one of your parents (or both) were citizens when you were born abroad, you may automatically become a U.S. citizen.

You can naturalize through the N-600 application if you are under 18 years old and one of your parents becomes a US citizen through naturalization.

Good moral Character is one of the crucial requirements for naturalization as a US citizen. A lot of behavior and conduct can be considered by USCIS as a bad moral character which is not necessarily a criminal offense. Here are some examples of conduct that demonstrate a lack of good moral character- Any crime against a person or property or the government with an intent to harm or fraud, Two or more crimes for which the accumulated sentence was more than 5 years, violating any controlled substance abuse act, habitual drunkenness, illegal gambling, polygamy, failing to pay court-ordered child support or alimony, lying to gain the immigrant benefit, persecution of a person based on their religion, race, sexual orientation, political opinion, etc.

Confinement in prison, jail, or similar institute for 180 days or more in the past 5 years might demonstrate a lack of good moral character.

There are certain crimes that not only show a lack of good moral character but also may cause you to be permanently ineligible for naturalization. Generally, the offenses that can cause such permanent bars are- murder, any aggravated felony if you are convicted on or after November 29, 1990, genocide, torture, persecution, or severe violation of religious freedom.

The USCIS's definition of an aggravated felony covers a wide range of offenses, including some you might assume, such rape, child pornography, sexual assault on a child, trafficking in drugs or weapons, racketeering, operating a prostitution business, and $10,000 or more in fraud.

Yes. You should mention all the offenses you committed in your N-400 form in the designated spaces even when your criminal record is expunged (removed from your record) or the crime was committed before your 18th birthday. If you hide any information regarding this and it is found out by USCIS later there is a good possibility that your application might be denied.

If you have been arrested or convicted of a crime, you must submit a certified copy of the arrest report, sentencing, court deposition, and other relevant documents. The only exception to this rule is a traffic citation if it was not a drug or alcohol related and the fine was under $500. In that case, you do not need to submit any documentation regarding this.

Yes, it is illegal for an immigrant to marry someone just to get a green card or citizenship or any other immigration. These unions are additionally characterized as sham or false unions. According to the United States Citizenship and Immigration Services (USCIS), this is a federal offense with serious repercussions for the offender, a citizen of the United States, as well as other convicts.

Both the American citizen and the immigrant will be prosecuted if found.

• For the Immigrant: If found guilty of marriage fraud or a sham marriage, the immigrant will face serious consequences. A person who intentionally and knowingly enters into a marriage with the intent to evade any immigration legislation is subject to a five-year maximum prison sentence, a fine of no more than $250,000, or both, according to INA 275 (c).
• For the U.S. Citizen: From a citizen's perspective, there are two sorts of marriage fraud. They knew the marriage wasn't legal going into it, or they didn't know what the foreign spouse's intentions were. As opposed to the former, which is a false marriage, the latter is marriage fraud. Depending on the level of involvement, the citizen may be subject to fines, jail time, or both. They're likely to face serious charges if they agreed to be married in exchange for money or other benefits.

The USCIS places a high priority on checking the real marital situation for possible fraud due to the surge in marital fraud throughout the years. To stop them, it collaborates with a number of allied organizations, such as ICE and NVC.

A bona fide marriage was entered in “good faith.” This practically means that spouses were in love with each other, and they intended to stay together forever, not until a foreign spouse gets a green card. Such marriage differs from a marriage which took place to take advantage of U.S. immigration laws unjustly, otherwise known as a fraudulent marriage.

If you are a green card holder and you want to file for naturalization based on your marriage to a US citizen, you must have been married to your U.S. citizen spouse for at least three years before submitting your N-400 application. This clause stipulates that you must have been married to your citizen spouse for the whole three-year period prior to filing. If you and your spouse truly live together, USCIS will regard the two of you as "living in marital union." However, this does not mean you and your US citizen spouse need to physically live together the entire time.

• If your U.S. citizen spouse dies at any time prior to you taking the Oath of Allegiance.
• If you or your spouse terminated the marriage through divorce or annulment,
• If you are no longer actually residing with your U.S. citizen spouse following a separation.

The number of your trips outside the USA and length of those trips can affect your naturalization application immensely. If you are filing Naturalization based on 5-year- permanent residency, you must be physically present in the USA for at least 30 months in the last 5 years. If you are filing N-400 based on 3-year-permanent residency, you must be physically present in the United States for at least 18 months in the last 3 years. When counting the total number of days spent outside the country, include all the trips you took outside the USA in the last 5/3 years.

No trip outside the United States in the last 5 years (3 years in case of marriage based naturalization) should last more than 6 months as it brings complications in the Naturalization process. If any of your trips last more than 6 months but less than 1 year, you will have to provide proof of maintaining residency in the United States during the time of absence. You should consult an experienced immigration attorney, if your situation is like this.

No. Any single trip should not last more than 1 year, if you have a naturalization plan in the foreseeable future. If you have a trip longer than 1 year, your continuous residency will break. That means, the countdown of your 5-year/3-year green card holding period will start over from the day of your return to the USA .

Physical presence refers to the total number of days you spent in the country as a permanent resident prior to filing the naturalization application (form N-400). Continuous residence refers to the period of time you have lived as a green card holder in the US without taking any single trip that might "break" that continuity for naturalization purposes. For example, if you take any trip outside the USA that lasts more than 6 months, the amount of days you have spent in the USA as a green card holder prior to this trip, might not be counted towards your eligibility for naturalization thus breaking your continuous residence.

You will get to know which USCIS field office you must go to for your interview from the appointment notice. The location of your appointment will be determined by the ZIP code you provided in the “Current Physical Address” section of your N-400 form.

To notify USCIS about your current address change, you will need to fill up AR-11 and submit it online. It is a very easy process with no fees involved. All the information you will need is your new address, old address, A-number, and Receipt number of pending N-400. You must do it within 10 days after you move to your new address. Keeping your current address up-to-date in this way will help you get all the important notice from USCIS including the interview appointment notice.

Yes. You should bring certain original documents to your interview. Examples of these documents include; original birth, marriage, divorce, final adoption, and naturalization certificates; court orders/decrees; evidence of child support payments; court-certified arrest reports; and probation/parole records. Certain certified copies of documents can also be provided.

You may bring a representative, or an interpreter (if needed) with the appropriate paperwork such as submitting the G-28 (Notice of Entry of Appearance as Attorney or Accredited Representative) form with your N-400 form. Moreover, you may take a family member or friend with you, clarifying the reason why you need their support during the interview.

You can be asked anything in the interview. However, keep in mind, Before the interview, the USCIS officer will review your Form N-400 and your “A-File,” which is a collection of records documenting your immigration journey. Generally, the USCIS officer will explore the content of these files and take clarification from you during the interview.

Yes. USCIS is committed to providing reasonable accommodations for qualified individuals with disabilities and/or impairments that will help them fully participate in USCIS programs and benefits.

No. You only become a US citizen after you attend a formal naturalization ceremony and take an oath of allegiance. After a successful interview USCIS will notify you about this by sending a notice to take an oath of allegiance (Form N-445).

You can appeal requesting a hearing to re-evaluate the decision by filing form N-336. You will get this form with the denial letter from USCIS. The form must be submitted with the correct fee within 30 days of receiving the denial letter. If you are still aggrieved by the decision of this appeal, you can file another appeal to the district court.

Yes. USCIS is committed to providing reasonable accommodations for qualified individuals with disabilities and/or impairments that will help them fully participate in USCIS programs and benefits. You should state your disability or impairment and the required accommodation in the assigned space of N-400 form (naturalization application)

As part of the naturalization process, applicants for U.S. citizenship must pass a two-part naturalization test. The first component is an English test that assesses the applicant’s ability to read, write, and speak in the language. The second, a civics test, evaluates the applicant’s knowledge of U.S. history and government.

The civics test is an oral test and the USCIS Officer will ask the applicant up to 10 of the 100 civics questions. An applicant must answer 6 out of 10 questions correctly to pass the civic portion of the naturalization test. You will find the complete list of 100 questions on the USCIS website among which the USCIS officer will randomly choose 10 questions.

If you are 50 years old or older and you have been a green card holder for at least 20 years, you will be exempted from taking the English test. But you will still have to take the civics test.

Also, If you are 55 years old or older and you have been a green card holder for at least 15 years, you will be exempted from taking the English test, but not the civics test.

In two cases an applicant can be exempted from both English and Civics tests. Firstly, If the applicant is aged 65 and older and has lived in the U.S. as a green card holder for at least 20 years, they will be exempted from both tests.

Secondly, If the applicant has any medical disability. It should be noted, to prove the ground of medical disability, Form N-648 must be filed with a naturalization application.

Yes. You can request an exception to the English language and/or civics tests based on a physical or developmental disability or mental impairment that prevents you from complying with the English language and/or civics requirements for naturalization. Submit Form N-648, Medical Certification for Disability Exceptions, as an attachment to your Naturalization application (Form N-400). Remember that, USCIS will not exempt you from any test on ground of disability if you have not filed form N-648.

If an immigrant visa is available for you, NVC will begin pre-processing your case by asking you to pay the appropriate fees on the CEAC website. After the appropriate fees are paid, you will be able to submit the necessary immigrant visa forms and documents. If visas are not available for your visa category, NVC will notify you that NVC received your petition and will hold it until a visa becomes available.

The family-based immigrant visa processing fees consist of $325 for each applicant undergoing Immigrant Visa Processing (IVP) and an additional $120 for the Affidavit of Support.

An Affidavit of Support, also called the Form I-864, is a document an individual signs to accept financial responsibility for the applicant who is coming to live in the United States. The person who signs the Affidavit of Support is also called the “sponsor.”

The petitioner of a family-based petition (Form I-130) must submit an affidavit of support in order to sponsor the applicant she/he petitioned for. Also, if the annual income of the petitioner does not meet the USCIS minimum required level, a joint sponsor also should submit an affidavit of support for the applicant along with the petitioning sponsor.