Form I-485, officially known as the “Application to Register Permanent Residence or Adjust Status,” is used by foreign nationals who are already in the United States to apply for permanent resident status (green card). Please note that the instructions may be subject to change, so it’s essential to check the U.S. Citizenship and Immigration Services (USCIS) website for the most up-to-date information. General Form I-485 instructions:
1. Eligibility:
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Ensure that you are eligible for adjustment of status. Common eligibility categories include family-sponsored petitions, employment-based petitions, refugee/asylee status, and others.
2. Filing Fee:
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Check the USCIS website or the Form I-485 instructions for the current filing fee. You may also be required to pay additional fees for services like biometrics.
3. Supporting Documents:
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Include all required supporting documents, such as a copy of the Form I-797 (approval notice) for the underlying immigrant petition (I-130, I-140, etc.), a copy of your birth certificate, passport-style photos, and any other documents specified in the instructions.
4. Form Preparation:
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Carefully fill out the Form I-485. Ensure accuracy, and use black ink. If additional space is needed for any item, use a separate sheet of paper and include the item number.
5. Biometrics:
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USCIS usually requires applicants to undergo biometrics (fingerprints, photograph) for background checks. Follow the instructions provided regarding scheduling and attending the biometrics appointment.
6. Affidavit of Support:
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If applying based on a family relationship, you may need to submit Form I-864, Affidavit of Support, by a sponsoring family member or a Form I-864EZ or I-864W if applicable.
7. Medical Examination:
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A medical examination is typically required. USCIS-approved civil surgeons must conduct this examination. The results must be submitted with the Form I-485.
8. Travel Document (if applicable):
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If you plan to travel outside the U.S. while your Form I-485 is pending, you may need to file Form I-131, Application for Travel Document.
9. Employment Authorization (if applicable):
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If you are eligible for employment authorization while your Form I-485 is pending, you can file Form I-765, Application for Employment Authorization.
10. Submission:
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Mail the completed Form I-485, along with all supporting documents and fees, to the address specified in the instructions.
11. Check Status:
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After submission, you can check the status of your application on the USCIS website using the receipt number provided upon filing.
It is crucial to consult the most recent Form I-485 instructions on the USCIS website or seek legal advice to ensure accurate and up-to-date information based on the current immigration laws and regulations.
Form I-864 Instructions
The Form I-864, officially known as the “Affidavit of Support Under Section 213A of the INA,” is a required document for certain family-based immigrants and employment-based immigrants to show that they have adequate financial support to avoid becoming a public charge. Here is a general overview of the Form I-864 instructions:
1. Eligibility:
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The petitioner must be a U.S. citizen or a lawful permanent resident sponsoring a family member for immigration.
2. Filing Fee:
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There is no filing fee for Form I-864.
3. Sponsor Responsibilities:
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The sponsor is legally obligated to financially support the intending immigrant(s) until they become U.S. citizens or have earned 40 quarters of work (approximately ten years).
4. Income Requirements:
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The sponsor must meet specific income requirements based on the household size. If the sponsor’s income is insufficient, they may use assets to meet the requirements, and a joint sponsor may be accepted.
5. Required Documents:
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Include supporting documents such as tax returns, W-2s, 1099s, recent pay stubs, and other financial evidence to demonstrate the sponsor’s ability to financially support the intending immigrant.
6. Joint Sponsor:
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If the sponsor’s income is insufficient, a joint sponsor can submit a separate Form I-864 to meet the financial requirements. The joint sponsor must be a U.S. citizen or lawful permanent resident.
7. Household Size:
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Include the intending immigrant(s) as well as any other dependents when determining the household size.
8. Affidavit of Support Submission:
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The completed Form I-864 and supporting documents should be submitted along with the underlying immigrant petition (such as Form I-130 or I-140) to the appropriate USCIS office.
9. Filing for Multiple Immigrants:
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If the sponsor is petitioning for more than one immigrant, a separate Form I-864 must be filed for each intending immigrant.
10. Verification of Documents:
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Ensure that all documents submitted are legible, and any supporting documents in a language other than English must be accompanied by a certified English translation.
11. Updated Information:
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If there are any changes in the sponsor’s financial situation after submission, they are obligated to inform USCIS by submitting updated information.
It is crucial to consult the most recent Form I-864 instructions on the USCIS website or seek legal advice to ensure accurate and up-to-date information based on the current immigration laws and regulations.
Form I-864A Instructions
Form I-864A, officially known as the “Contract Between Sponsor and Household Member,” is a supplementary form to the Form I-864. It is used when the primary sponsor’s income is insufficient to meet the financial requirements, and a household member’s income is included to support the immigrant applicant. Below is a general overview of the Form I-864A instructions:
1. Eligibility:
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The Form I-864A is used when a household member’s income is included to meet the financial requirements to sponsor an intending immigrant.
2. Completing the Form:
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The sponsor must complete the Form I-864A, providing accurate and truthful information about their household size, income, and other relevant details.
3. Supporting Documents:
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Include supporting documents for both the primary sponsor and the household member, such as tax returns, W-2s, 1099s, pay stubs, and other financial evidence.
4. Joint Financial Responsibility:
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By signing Form I-864A, the household member agrees to be jointly responsible with the primary sponsor for financially supporting the intending immigrant.
5. Submission:
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The completed Form I-864A and supporting documents should be submitted along with the primary Form I-864 and other required documents to the appropriate USCIS office.
6. One Form I-864A Per Household Member:
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If multiple household members are contributing income, a separate Form I-864A should be completed for each contributing household member.
7. Verification of Documents:
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Ensure that all documents submitted are legible, and any supporting documents in a language other than English must be accompanied by a certified English translation.
8. Communication with USCIS:
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If there are any changes in the financial situation of the sponsor or household member after submission, they are obligated to inform USCIS by submitting updated information.
9. Joint Sponsor as Household Member:
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In some cases, a joint sponsor who is not a household member may submit a separate Form I-864. However, if a joint sponsor is also a household member, they can use Form I-864A to combine their income with the primary sponsor’s income.
It is crucial to consult the most recent Form I-864A instructions on the USCIS website or seek legal advice to ensure accurate and up-to-date information based on the current immigration laws and regulations.
