I-485 related Questions ns
1. If I have already filed my I-140 petition, can I now file my I-485 application before the I-140 is approved?
Yes. Any time after you have received a "Receipt Notice" for your I-140 petition, you may file your I-485 green card application.
Yes, you can apply I-140 and i-485 concurrently except PERM.
No, even though you can file these two forms together, don't feel obligated to file them at the same time. The I-485 will be approved only after the I-140 has been approved by USCIS.
After filing Form I-485, Application to Adjust Status, and related forms, your I-485 processing time can take anywhere from 8 to 14 months. However, it varies case to case depending on the service center and the base of the I-485. The basis of your adjustment of status (e.g. family, employment, asylum, etc.) will be a significant factor.
Upon approval, the applicant is mailed a Form I-551, 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. Permanent Resident Cards are valid for ten years.
Form I-485 is officially called the “Adjustment of Status Application” and is the official green card application.
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 the interview.
Usually, the immigrant officer brings the decision right at the end of the interview. If the application has been approved, he or she will put the stamp in the immigrant passport, which is valid for 30 days as a green card. The green card will arrive by mail in the next 60 days.
If U.S. Citizenship and Immigration Services (USCIS) denies an I-485, there are options available to applicants, including a motion to reconsider or reopen, appealing the decision, and re-filing.
While the time depends on the local USCIS Field Office that will be conducting the interview, you can usually expect the interview to occur anywhere from 4-7 months after you have mailed in your application.
It would be very helpful to show it to a lawyer. There could be something very wrong with the application that is causing this delay. Otherwise, if there is no basis for the delay, then it would be necessary to file a petition for a writ of Mandamus with the federal court to get a decision.
Any immigrant who entered the U.S. on some sort of temporary or non-immigrant visa (F1, B1/B2, J1, etc) and then submitted a green card application (for U.S. lawful permanent or conditional residence) is allowed to remain in the United States while the application is "pending."
13. My I-140 got approved recently and would like to apply for I485 along with my spouse. Currently, I am on OPT and it will be ended after three months. Should I apply for STEM OPT first and then I-485 or I should apply for I-485 now?
F1 is a non-immigrant intent visa and I-485 is an immigrant intent process. Once you show your immigrant intent by applying I-485, you will not be allowed to apply for STEM OPT (as it is non-immigrant intent). However, there have some rare exceptional examples of approving STEM OPT after I-485 submission, but it is risky. If you now apply for I-485 and then apply for STEM OPT, though it will not impact your I-485, there has a huge chance that your STEM OPT application will be denied. So, to continue your job, applying for I-485 after STEM OPT approval will be a good idea if you do not have an emergency. However, contact an immigration lawyer for details to understand your situation for get a proper solution.
F1 is a non-immigrant intent visa and I-485 is an immigrant intent process. Once you show your immigrant intent by applying I-485, you will not be allowed to apply for STEM OPT (as it is non-immigrant intent). However, there have some rare exceptional examples of approving STEM OPT after the I-485 submission. However, it will not impact your 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. But, if it is required to submit I-864 with your I-485 application (for example- family-based green card process), then you have to submit it.
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-797 – Notice of Actions, Green Card, etc.
17. I have a question regarding the I-485 biometric/interview. Do we need to carry a passport during the interview/biometric, which should be at least six months valid? I am wondering should I apply for passport renewal before 485 submissions. It is uncertain how long Bangladesh Embassy will take to renew the passport?
No, you do not need a passport that's been valid for more than 6 months for the Biometric/ Interview process. Just having a valid passport will do. However, please try to renew the passport before the interview. If not possible bringing an alternative photo identification will suffice.
18. In the I-140 form, I selected "alien will apply for a visa abroad at a U.S. Embassy or U.S. Consulate at Dhaka. Now my I-140 is pending and currently, I am in the USA. My question is, am I eligible/allowed to apply before I-140 approval? Am I allowed to apply from the US? Do I need to fill up any other form with I-485 for IVP processing?
If your priority date is “current”, you will be able to apply for I-1485 now. As the employment-based priority date is “current”, you can apply for I-485 during your I-140 is pending. As you selected on I-140 that you would apply from abroad, it means your case should be run through the IV Process. So, to stay safe side, you can submit an explanation letter regarding your IV Processing with your I-485 application. No worry about it, it will not hamper your immigration process.
As a rule, you may only use a nonimmigrant visa to travel to the U.S. for the purposes stated in the visa. For example, B-1/B-2 visitors may only travel to the U.S. 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. Generally, traveling to the U.S. on a nonimmigrant visa with the preconceived intent of adjusting status will violate the terms of the visa. There are exceptions for certain visas. However, you shouldn’t adjust your status within the first 90 days of your stay in the U.S.
If you initially selected adjustment of status on your immigrant petition but you’ve decided to use the consular process, you’ll need to inform USCIS of your decision. File Form I-824, Application for Action on an Approved Application or Petition, to make the request for consular processing. However, the transfer will likely add additional lag (5 to 10 months) to the time frame. Therefore, if you're unsure at the time of filing Form I-140 or I-130, selecting a consular processing location is generally the best option.
If you initially selected consular processing or "alien will apply for a visa abroad at a U.S. Embassy or the U.S.” on your immigrant petition (I-140 or I-130) but you have come to the USA and have decided to adjust your status (I485), you’ll need to inform NVC of your decision. Public Inquiry Forms, emails, and call centers are the way to contact them.
The 90-day rule states that non-immigrant visa holders (for example- F1, B1/B2, J1, etc.) who marry U.S. citizens or lawful permanent residents or apply for adjustment of status within 90 days of arriving in the U.S. are automatically presumed to have misrepresented their original nonimmigrant intentions. This new 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 it. To be on the safe side, you can add 100. Both working days and holidays are counted in the 90-day rule.
25. Should my spouse use the same A-number as I have on my approval notice? I am the primary applicant and she is the dependent.
No. Since your wife doesn't have any A-number (from EAD or approval notices), her space for the A- (Alien) number will remain blank. Your spouse can not use the same A-number as yours.
26. My wife had Medicaid during the pregnancy period (last six weeks and six weeks after delivery. Is it also counted as a public charge?
Some federal programs are not covered by the public charge rule and exemptions exist for certain populations. For instance: Medicaid or CHIP (Children’s Health Insurance Program) is received by applicants who are: (1) under age 21, (2) during pregnancy and up to 60 days after a pregnancy, or (3) receiving emergency care. So, having Medicaid during the pregnancy period will not be counted as a public charge.
27. My wife completed her B.A. (Hon's) in Bangladesh. However, the name of her mother in that certificate is wrong. Can we use that for her education? However, her information in the HSC certificate is correct.
It will not be a problem. We will use the name according to her passport.
During your Ph.D., we are assuming you are contributing as a teaching/research assistant, and that is considered as your job. Your advisor will write it for you, kindly do not forget to include a signature from your advisor following our sample job offer letter.
29. In the occupational field confirmation letter, can I say I am currently a Ph.D. student since I am not involved in any industry?
During your Ph.D., we are assuming you are contributing as a teaching/research assistant, which is considered as your job. Please make sure the field where you are working currently - remains the same as the I-140 as well as your future occupational field needs to be the same too. Kindly follow our sample occupational field confirmation letter, which will guide you.
30. Will indicate my current position as a research assistant, which was also mentioned in I140. But my future preference was a researcher in wireless communications in i140. Hope this is fine?
If the field is the same, then there is no problem.
Approximate processing time is 3.5 months to 8 months. However, processing time may vary according to the servicing center. You can expedite the processing time if you have an emergency
If you also submitted Form I-765, Application for Employment Authorization, and Form I-131, Application for Travel Document, as a part of your adjustment of the status package, you will be receiving an Employment Authorization Document (EAD). Many people call it a work permit. If you applied for both, 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.
Although the steps that take place are fairly consistent, the Form I-485 processing time will vary significantly based on the basis of the application, USCIS caseload, and your ability to properly file an accurately prepared adjustment of the status application package. The following outline describes the basic steps of the I-485 timeline for most people –
- RECEIPT OF APPLICATION: Form I-797C, Notice of Action, the receipt notice typically arrives 2 to 3 weeks after filing. If you did not properly file your Form I-485, USCIS will send a Notice of Action to reject the application or may send a Request for Evidence that requests additional items.
- APPOINTMENT NOTICE FOR BIOMETRICS: Next, you will receive an appointment notice that assigns your biometrics appointment date, time, and location. (The location will generally be the USCIS Application Support Center nearest you). Approximately it arrives 3 to 5 weeks after filing.
- BIOMETRICS APPOINTMENT: The biometrics appointment, also known as a biometrics screening, is generally a short appointment (approximately 30 minutes) so that USCIS can collect your fingerprints, photograph, and signature. Usually, it takes place 5 to 8 weeks after filling.
- RECEIVE YOUR EAD CARD: If you also submitted Form I-765, Application for Employment Authorization, as a part of your adjustment of the status package, you will be receiving an Employment Authorization Document (EAD). Approximately it arrives 3.5 months to 8 months after filing.
- NOTICE OF INTERVIEW: The interview notice will arrive by mail as another Form I-797, Notice of Action. It takes approximately 4 to 10 months.
- ADJUSTMENT OF STATUS INTERVIEW: It takes approximately 6 to 12 months after filing the I-485 application.
- RECEIVE PERMANENT RESIDENCE CARD/ GREEN CARD: USCIS will process the new green card and mail it to your address on record. However, not all adjustment of status interviews ends with a decision. The USCIS officer may tell you that you will receive a decision in the mail.
You can track the process by following the steps -
- Find your “Receipt Number.” (See “Receipt Numbers” below.)
- Visit USCIS' “Case Status Online” tracker. Website - https://egov.uscis.gov/casestatus/landing.do
- Enter your Receipt Number.
Click “Check Status.”