Recently, USCIS has updated this process. You can only file the I-485 (Adjustment of Status) when your I-140 Priority Date becomes current. When your priority date becomes current may differ according to your country. However, this is an important strategic discussion that must be discussed with your immigrant attorney.
This is called ‘Concurrent Filing and recently USCIS has updated this process. You can only file the I-485 (Adjustment of Status) when your I-140 Priority Date becomes current. When your priority date becomes current may differ according to your country. However, this is an important strategic discussion that must be discussed with your immigrant attorney.
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. However, in many cases an interview is no longer conducted, USCIS issues a direct approval notice. But, if USCIS wants more information or documents to make a decision on your case, they will send you a notice called an RFE before approval.
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."
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.
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.
If your priority date is “current”, you will be able to apply for I-1485 now. 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. You can inform NVC about it through their Public Inquiry form. 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.
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.
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.
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.
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.
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 –
You can track the process by following the steps -
Click “Check Status.”
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