Immigration:  Immigrant Visa "Green Card" (Family-Based) I-485 Adjustment of Status.  Immigration information:  Marriage to a U.S. Citizen, I-485 Adjustment of Status, "Green Card," I-130 Relative Petition, District Office, Regional Office, I-131 Advance Parole (Travel Permit), I-765 Employment Authorization, etc.

 
 

Immigrant Visa "Green Card" (Family-Based)
I-485 Adjustment of Status...


8Immigration News/Updates:  News/Updates..
Immigrant Visa "Green Card" (Family-Based)
I-485 Adjustment of Status

Based on a family relationship, an applicant can apply for Legal Permanent Resident "Green Card" status.  The procedure requires the filing of an I-130 Relative Petition*, and after approval, the I-485 Adjustment of Status application (if applicant is in the United States), or, Consular Processing (if the applicant is overseas and/or seeking issuance of Legal Permanent Resident "Green Card" status overseas).
An applicant who is the spouse of a United States Citizen may file the I-485 Adjustment of Status application in the United States, even if he/she has "overstayed" and/or has worked without employment authorization (as long as he/she entered the United States with inspection).  Simultaneously, with the filing of the I-485 Adjustment of Status application, an applicant can request I-765 Employment Authorization and/or I-131 Advance Parole (Travel Permit/Document).
An I-485 Adjustment of Status application based on a family relationship will normally require an in-person interview at the District (Local) USCIS Office.

*The I-130 Relative Petition must be approved and its "priority date" current (priority date is based on the nature of the family relationship; for a spouse of a U.S. Citizen, the priority date is current, and therefore, if the applicant is in the United States, the I-130 and the I-485 can be filed simultaneously).
I-485 Adjustment of Status
8Process
4Filing with the USCIS Office (Differences)
........- District (Local) Filing
........- Transition to the National Benefits Center (NBC)
........- Direct Filing (December 2004 & April 2005)
........- "Tourist (Business) Visa Waiver" Entry -- I-485 Adjustment Possible?

4General Filing Procedure/Processing

4InfoPass "Online Appointment" System
........- Dallas, TX:  90-Day "Adjustment"

4Inadmissibility

4Updates/New

8Submission Documents
4Forms

4Basic Documents & Information
........- U.S. Citizen
........- Foreign National Spouse
........- Marital Relationship Documents

8I-131 Advance Parole (Travel Permit/Document)
4Required When Traveling Overseas

4Do Not Travel Overseas if Subject to 3/10 Year Bar of Inadmissibility


8I-765 EAD (Employment Authorization Document)
 

8I-864 Affidavit of Support

4Income/Poverty Guideline

4When I-864 is Not Needed -- 40 Qualifying Quarters of Social Security Coverage
 

8Conditional "Green Card" (Conditional Legal Permanent Resident Status)
4General Filing Procedure/Processing
8VAWA (Violence Against Women Act)
4Spouse, Child and Parent


8Related Topics


Process (Petition type:  Spouse of U.S. Citizen, Within U.S.)
The I-485 Adjustment of Status is the process for applicants who are physically present in the United States, and seeks issuance of Legal Permanent Resident "Green Card" status in the United States.  (This process allows an applicant to "adjust" status without leaving the United States.  Consular Processing is the procedure generally used if an applicant is outside the United States, and normally takes place at the U.S. Embassy in the applicant's home country).

Applying for Legal Permanent Resident "Green Card" status, based on a family relationship, is generally a 2-step process: (i) the I-130 Relative Petition and (ii) the application for an immigrant visa.  To file an I-485 Adjustment application, the -130 Relative Petition must be approved and its "priority date" current (priority date is based on the nature of the family relationship).

Important:  For a spouse of a U.S. Citizen, the priority date is current, and therefore, if the applicant is in the United States, the I-130 and the I-485 can be filed simultaneously.
..

Filing with the USCIS Office (Differences)
Regional Service Center
Normally, the I-130 Relative Petition is filed with the Regional USCIS Service Center that has jurisdiction over the residence of the U.S. Citizen (or Legal Permanent Resident "Green Card Holder").  This application must be approved before the I-485 Adjustment Application can be filed.
Important: However, if filing for a spouse of a U.S. Citizen, then the I-130 Relative Petition can be filed simultaneoulsy with the I-485 Adjustment Application and is submitted to the National Benefits Center (NBC) under the Direct Mail Program.
..
National Benefits Center (NBC) - Direct Filing Program
Starting on December 1, 2004, the U.S. Citizenship and Immigration Services (USCIS) is expanding its Direct Mail Program for certain filings for foreign nationals in designated states/regions.  If filing for a spouse of a U.S. Citizen, then the I-130 Relative Petition is filed with the I-485 Adjustment Application and is submitted to the National Benefits Center (NBC) under the Direct Mail Program. The Direct Mail Program affects Form I-485, Application to Register Permanent Residence or Adjust Status; Form I- 765, Application for Employment Authorization; and Form I-131, Application for Travel Document, etc. [See NBC/Direct Filing].
..
District (Local) Filing
Each District (Local) USCIS Office has different policies for accepting and processing I-485 Adjustment of Status applications (and I-130 Relative Petitions).  Depending on the District (Local) US CIS Office, certain benefit applications accompanying the I-485 Adjustment of Status application, such as the I-765 Employment Authorization and/or I-131 Advance Parole (Travel Permit), must be filed after receiving the I-485 Adjustment of Status filing receipt.
Important: District (Local) USCIS Office will still function to allow for in-person, same-day filing of benefit applications such as the I-765 Employment Authorization and the I-131 Advance Parole (Travel Permit/Document) after filing with the NBC under the Direct Mail Program.  Also, interviews will continue to be held at the District (Local) USCIS Office. 
Note:  However, after November 2005, some interviews will be waived.  In this case, the Regional Service Center in California -- the California Service Center (CSC) -- will process the application (after review by the NBC).
`PDF4Download: Transfer from NBC to CSC / Interviews Waived (DHS/USCIS) (12/05)
`PDF4Download: MNA/ARIA Transfer from NBC to CSC / Interviews Waived (DHS/USCIS) (12/05)
....
Transition to the National Benefits Center (NBC)
The US CIS (Department of Homeland Security) is undertaking changes in the filing procedure for family-based I-485 Adjustment of Status applications.  Already implemented in New York, Miami, Atlanta, Chicago, Denver, Hawaii and Phoenix, all locally filed I-485 Adjustment applications are now being transferred to the National Benefits Center (NBC).  By the end of the 2003, all District (Local) Offices will transfer family-based I-485 Adjustment applications to the NBC.  In 2004, the US CIS expects to have all District (Local) Offices in the United States transfer these applications to the NBC.  This will make the family-based I-485 Adjustment application process more uniform throughout the United States.
Until instructed, all family-based I-485 Adjustment applications are filed with the District (Local) US CIS Office.  After issuing a "fee-in" receipt, the District (Local) US CIS Office transfers the applications to the NBC.  The NBC, thereafter, will issue filing receipts, instructions, biometric notices, etc.  (Because the NBC is the former Missouri Service Center [MSC], these receipts normally indicate [MSC]).  One problem, currently, is the receipt of duplicate and/or similar receipts from the District (Local) US CIS Office and the NBC/MSC.  Additionally, because biometric ("electronic fingerprinting") is required for the I-485 Adjustment of Status, as well as the I-765 Employment Authorization, applicants receive several biometric notices.  The US CIS has instructed that applicants need to comply with each biometric notice, even if they appear to be duplicates.
Additionally, other than the District (Local) US CIS Office and the NBC US CIS, there are Application Support Centers (ASC), where the biometric ("electronic fingerprinting") of applicants will take place.  The actual Adjustment of Status interview, however, will be held at the District (Local) US CIS Office.
Important: Starting on December 1, 2004, the U.S. Citizenship and Immigration Services (USCIS) is expanding its Direct Mail Program for certain filings for foreign nationals in designated states/regions.  The Direct Mail Program affects Form I-485, Application to Register Permanent Residence or Adjust Status; Form I- 765, Application for Employment Authorization; and Form I-131, Application for Travel Document, be filed at a designated Chicago, Illinois lockbox facility for initial processing.
..
NBC/Direct Filing (December 1, 2004 & April 1, 2005)
Starting on December 1, 2004, the U.S. Citizenship and Immigration Services (USCIS) is expanding its Direct Mail Program for certain filings for foreign nationals in designated states/regions.  The Direct Mail Program affects Form I-485, Application to Register Permanent Residence or Adjust Status; Form I- 765, Application for Employment Authorization; and Form I-131, Application for Travel Document, be filed at a designated Chicago, Illinois lockbox facility for initial processing.

Phase One will begin on December 1, 2004 and will affect certain foreign nationals filing Form I-485, Form I-765, and Form I-131 who live in the states of Alabama, Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Nevada, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, West Virginia, Wisconsin, Wyoming, as well as the District of Columbia, Guam, Puerto Rico, and the Virgin Islands of the United States.

Phase Two will begin on April 1, 2005 and will affect certain foreign nationals filing Form I-485, Form I-765, and Form I-131 residing in: Alaska, California, Idaho, Iowa, Kansas, Maryland, Missouri, Montana, Nebraska, New Mexico, Oklahoma, Oregon, Texas, and Washington.

Direct Mail Form I-485 Categories:
Aliens who are immediate relatives of a U.S. Citizen, as defined by section 201(b) of the Act, and are filing based upon an approved, concurrently filed, or pending Form I-130, Petition for Alien Relative;
Aliens who are widow/widowers of a U.S. citizen, as described by section 201(b) of the Act;
Aliens described by section 203(a) of the Act as the qualifying relative of a U.S. citizen or lawful permanent resident alien, and are filing based on an approved Form I-130;
Aliens described by section 203(d) of the Act as the derivative relatives of aliens described by section 203(a) of the Act;
Aliens described by section 101(a)(15)(K) of the Act as the fiance(e) of a U.S. citizen or the minor child(ren) of such fiance(e), and are filing based on an approved Form I-129F, Petition for Alien Fiance(e);
Aliens eligible for registry under section 249 of the Act;
Aliens eligible under the Cuban Adjustment Act of November 2, 1965;
Aliens described as special immigrants under sections 101(a)(27)(J), (K), and (I) of the Act;
Aliens described as Amerasians under section 204(f) of the Act;
Aliens who are beneficiaries of an approved Form I-360 as a battered spouse or child;
Aliens who are beneficiaries of Private Bills;
Aliens who are winners of the Diversity Visa lottery;
Aliens from certain former Soviet and Southeast Asian countries who were paroled into the United States as public interest parolees and are eligible to adjust under Public Law 101-167, "the Lautenberg Amendment;"
Aliens eligible under section 646 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA);
Aliens eligible under section 13 of the Act of September 11, 1957; and
Aliens eligible for creation of record under section 102 of the Act.

Direct Mail Form I-765 Categories:
(a)(10) -- Aliens granted Withholding of Removal;
(c)(9) -- Aliens filing a family-based application for adjustment of status (Form I-485) who are presently required to file with the USCIS local office having jurisdiction over their place of residence;
(c)(10) -- Aliens granted Suspension of Deportation who are required to file with the USCIS Service Center having jurisdiction;
(c)(11) -- Aliens who are paroled into the United States temporarily for emergency reasons or the public interest;
(c)(14) -- Aliens granted deferred action;
(c)(16) -- Aliens who are filing for creation of record of lawful admission for permanent residence under section 249 of the Act; and
(c)(18) -- Aliens granted an Order of Supervision.

Direct Mail Form I-131 Categories:
USCIS is refining the processing of Form I-131 by requiring aliens seeking Advance Parole to send their application packages to the Chicago Lockbox facility.  Part 2 of Form I-131 lists various application types for an alien to obtain a travel document.  Only aliens who apply for an Advance Parole Document and fit the categories and criteria stated in this Notice must submit their Form I-131, and all supporting evidence, to the Chicago Lockbox facility.
 
Direct Mail "Chicago Lockbox" Address:
USPS:  U. S. Citizenship and Immigration Services, P.O. Box 805887, Chicago, IL 60680-4120
Non-USPS:  U. S. Citizenship and Immigration Services, Attn.: FBASI, 427 S. LaSalle, 3rd Floor, Chicago, IL 60605-1098.

`PDF4Download: Direct Filing Problems (April/05) (MNALLP)
`PDF4Download: Direct Filing Press Release (April/05) (DHS/US CIS)
`PDF4Download: Direct Filing Press Release (Nov./04) (DHS/US CIS)
`PDF4Download: Direct Filing (Federal Register, Vol. 69, No. 223, 11/19/04)
..
"Tourist (Business) Visa Waiver" Entry -- I-485 Adjustment Possible?
Foreign national who enter the U.S. on a "Tourist (Business) Visa Waiver Program (VWP)" (entry into the U.S. without an actual visa "sticker") is considered "inadmissible" to file an I-485 adjustment of status, unless the I-485 adjustment application is an immediate family-based application (spouse of U.S. Citizen is allowed to file an I-485 adjustment of status application, even if entering via Visa Waiver Program (VWP)).
..
General Filing Procedure/Processing
1. File forms, fees, and documents with the National Benefits Center (NBC). [See Direct Filing].
 
Note:  After December 2005, the I-864 Affidavit of Support form is required to be submitted with initial filing.  The new policy amends the requirement for tax returns from the past 3 years to only 1 year (for the tax year most recent as of the date the Form I-864 is signed).
`PDF4Download: I-864 Affidavit of Support (DHS/USCIS) (12/05)
`PDF4Download: 2006 Poverty Guidelines (HHS) (01/06)
Note: The I-693 Medical Exam is required with initial submission.  The I-693 is considered valid for a period of one year.  However, due to the fact that processing times may extend well beyond the 1-year limitation, the USCIS has announced that I-693 Medical Exams will be considered valid until the date of the adjustment interview, as long as the I-693 is submitted concurrently with the I-485, prior to January 1, 2007.
`PDF4Download: I-693 Medical Exam Validity (DHS/USCIS) (01/06)
2.  Receive filing receipts, biometric notices, instructions from the NBC.
- visit Application Support Center (ASC) for biometric ("electronic fingerprinting") as instructed/necessary.

Obtain SSN (Social Security Number) or update "work eligibility" of the SSN (if already obtained), after receipt of Employment Authorization from the USCIS.

- may be able to expedite issuance of I-765 Employment Authorization document and/or I-131 Advance Parole/Travel Document with the District/Local USCIS Office.

- during processing, as necessary, file to extend benefit applications (I-765 Employment Authorization Document and/or I-1331 Advance Parole/Travel Document) with the NBC.

3.  Visit District/Local USCIS Office for the I-485 Adjustment of Status interview.
- if approved, a "green card" stamp should be placed inside the foreign national's passport.

- receive "green card" via mail.

Important: If the foreign national's "fingerprint/name check" is not completed, the District/Local USCIS Office can not approve the applicaation on the day of the interview.  In this case, the USCIS should notify applicant via mail at a later date.
 
Note:  After November 2005, some interviews will be waived.  In this case, the Regional Service Center in California -- the California Service Center (CSC) -- will process the application (after review by the NBC).
`PDF4Download: CSC / Interviews Waived (DHS/USCIS) (12/05)
`PDF4Download: MNA/ARIA CSC / Interviews Waived (DHS/USCIS) (12/05)

Important: If "conditional green card (2 yr. expiration)," received, then see Step 4 (below).

4.   File forms, fees, and documents with the Regional USCIS Service Center.
- "Conditional Green Card" is issued if marriage is less than 2 years on the date of the I-485 Adjustment interview.

- "Conditional Green Card" is valid for 2 years only; before its expiration an application to remove the "conditions (2 year limitation)" must be filed.

(Information about Conditional Green Card)

....
InfoPass "Online Appointment" System
InfoPass is not for submission of applications (exception:  Dallas, TX; see below), but a means to schedule an appointment with the District (Local) USCIS office for inquiries and additional processing in specific circumstances.
In June 2003, we reported that internet appointment scheduling at the District (Local) USCIS office in Florida (Miami, Jacksonville, Orlando, Tampa and West Palm Beach) became available, and since then, InfoPass has expanded to include Los Angeles (Los Angeles*, Santa Ana, San Bernardino) and Dallas**, Texas.
Starting July 22, 2004, the District (Local) USCIS Office in New York City (26 Federal Plaza) commenced its InfoPass "online appointment" system.
`PDF4Download: InfoPass NEW YORK Press Release & National Expansion Efforts  (DHS/USCIS) (07/22/04)

With InfoPass, the public can now go online to schedule a date and time to meet with immigration information officers at busy District (Local) USCIS offices, avoiding the need to wait in line.  To use the internet scheduling system, customers log on to the InfoPass Web site.  After typing in the zip code, users are directed to the appropriate USCIS office.  The web site then displays a range of dates and times for appointments.  Once the customer selects an appointment time, the system generates an electronic appointment notice.  Customers must print out that notice and bring it with them to their appointment.  (Note:  Keep in mind that depending on the type and stage of a case, applications are handled at the regional, national, District (Local) offices.  Not everyone will be able to use and/or benefit from this InfoPass internet appointment scheduling.  Additionally, in general, applicants are advised to speak with an immigration attorney prior to commencing any legal process, including, visiting District (Local) USCIS offices.)

InfoPass is expected to be expanded to the District (Local) USCIS offices in August/September of 2004:  Buffalo, Newark, Philadelphia (August 9th); Atlanta, Baltimore, Boston, Portland, ME, New Orleans (August 16th); Chicago, Houston (August 18th); Cleveland, Detroit, San Juan, Washington, D.C. (August 23rd); Anchorage, Honolulu, Phoenix, Portland, OR, San Diego, San Francisco, Seattle (August 30th); Denver, El Paso, Harllingen, Helena, Kansas City, Omaha, San Antonio, St. Paul (Sept. 8th).

**InfoPass:  As of April 21, 2004, the District (Local) USCIS Office in Dallas, TX has implemented the use of InfoPass to schedule an "adjustment (green card)" application for family-based, diversity-visa ("lottery") cases, etc., that will take only 90 days to process.  (Note:  Employment-based "adjustment (green card)" applications will not be accepted.)  This is a pilot (test) program to determine if this can be expanded elsewhere in the future.  The earliest "adjustment interview" is expected to begin on May 3, 2004, and applicants will be required to provide all completed forms and submit all documents required for this process.
`PDF4Download: InfoPass DALLAS Press Release  (DHS/USCIS) (04/21/04)
`PDF4Download: InfoPass DALLAS Details  (DHS/USCIS) (04/21/04)

*E-Filing (different from InfoPass):  As of June 1, 2004, the District (Local) USCIS Office in Los Angeles, CA announced the launch of the I-90 pilot project in Los Angeles that will reduce the wait time to replace or renew a permanent resident card or green card from a year to less than a week.  The pilot project takes advantage of electronic filing of applications on the USCIS website offering customers a convenient and simple-to-use alternative to mailing in applications for benefits.  Los Angeles District Director states:  “All it takes, once the applicant has filed electronically, is a visit to one of our Application Support Centers.  Applicants get a new green card in less than a week, in most cases.”  Customers wanting to take advantage of the new I-90 pilot can use E-Filing (different from InfoPass) and file by using the E-Filing feature.  The receipt that is produced by that transaction shows a toll-free number that applicants can call to make an appointment at the USCIS Application Support Center (ASC) that is closest to them.  During the visit, the ASC will order a permanent resident card for customers to receive in under a week.
`PDF4Download: E-Filing Los Angeles, CA Press Release  (DHS/USCIS) (06/01/04)
i8Gov. Site: USCIS "E-Filing" Site  (DHS/USCIS) (05/24/04)

Backlog reduction and customer service is a key goal for the USCIS and other government agencies involved in immigration and naturalization procedures.  Other "electronic/online" systems that have been implemented include:
USCIS' "E-Filing (actual "electronic submission" of application)",
DOS' "EVAF (bar-code generating application "completion" forms)",
DOL's H-1B "ETA-9035 (actual "electronic submission" form)" and
DOL's future PERM (Program Electronic Review Management) program for Labor Certification Applications.
Advantages in utilizing these electronic/online systems (and/or programs) vary depending on the circumstance, but the electronic/online trend will continue.

i8Gov. Site: InfoPass Official Site  (DHS/US CIS) (07/22/04)

`PDF4Download: InfoPass NEW YORK Press Release & National Expansion Efforts  (DHS/US CIS) (07/22/04)
`PDF4Download: InfoPass DALLAS Press Release (DHS/US CIS)  (04/21/04)
`PDF4Download: InfoPass DALLAS Details (DHS/US CIS)  (04/21/04)
`PDF4Download: InfoPass (National) Fact Sheet  (DHS/US CIS)  (03/17/04)

US CIS' "E-Filing (of applications)"
i8Gov. Site: US CIS "E-Filing" Site (DHS/US CIS) (05/24/04)
i8Details: E-Filing (Nonimmigrant Visa Section)
DOS' "EVAF (bar-code generating application forms)"
i8Gov. Site: Dept. of State's EVAF DS-156 Section
i8Details: Nonimmigrant Visa (Employment) Section (includes E-Filing & EVAF information)
DOL's H-1B "ETA-9035 (electronic form)"
i8Related: H-1B Nonimmigrant Visa (includes ETA-9035 information)
DOL's future PERM (Program Electronic Review Management)
i8Details: Labor Certification Application (Includes PERM information).....
....
Inadmissibility
Even if a foreign national applicant substantively qualifies for a nonimmigrant or immigrant visa "green card," there are grounds of "inadmissibility" that may ultimately disqualify him/her from obtaining the status.

A foreign national application will be required to answer the following questions/concerns:

1. Have you ever, in or outside the U.S.:

a. knowingly committed any crime of moral turpitude or a drug-related offense for which you have not been arrested?
b. been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations?
c. been the beneficiary of a pardon, amnesty, rehabilitation decree, other act of clemency or similar action?
d. exercised diplomatic immunity to avoid prosecution for a criminal offense in the U.S.?
2. Have you received public assistance in the U.S. from any source, including the U.S. government or any state, county, city or municipality (other than emergency medical treatment), or are you likely to receive public assistance in the future?

3. Have you ever:

a. within the past ten years been a prostitute or procured anyone for prostitution, or intend to engage in such activities in the future?
b. engaged in any unlawful commercialized vice, including, but not limited to, illegal gambling?
c. knowingly encouraged, induced, assisted, abetted or aided any alien to try to enter the U.S. illegally?
d. illicitly trafficked in any controlled substance, or knowingly assisted, abetted or colluded in the illicit trafficking of any controlled substance?
4. Have you ever engaged in, conspired to engage in, or do you intend to engage in, or have you ever solicited membership or funds for, or have you through any means ever assisted or provided any type of material support to, any person or organization that has ever engaged or conspired to engage, in sabotage, kidnapping, political assassination, hijacking or any other form of terrorist activity?

5. Do you intend to engage in the U.S. in:

a. espionage?
b. any activity a purpose of which is opposition to, or the control or overthrow of, the government of the United States, by force, violence or other unlawful means?
c. any activity to violate or evade any law prohibiting the export from the United States of goods, technology or sensitive information?
6. Have you ever been a member of, or in any way affiliated with, the Communist Party or any other totalitarian party?

7. Did you, during the period from March 23, 1933 to May 8, 1945, in association with either the Nazi Government of Germany or any organization or government associated or allied with the Nazi Government of Germany, ever order, incite, assist or otherwise participate in the persecution of any person because of race, religion, national origin or political opinion?

8. Have you ever engaged in genocide, or otherwise ordered, incited, assisted or otherwise participated in the killing of any person because of race, religion, nationality, ethnic origin or political opinion?

9. Have you ever been deported from the U.S., or removed from the U.S. at government expense, excluded within the past year, or are you now in exclusion or deportation proceedings?

10.  Are you under a final order of civil penalty for violating section 274C of the Immigration and Nationality Act for use of fraudulent documents or have you, by fraud or willful misrepresentation of a material fact, ever sought to procure, or procured, a visa, other documentation, entry into the U.S. or any immigration benefit?

11. Have you ever left the U.S. to avoid being drafted into the U.S. Armed Forces?

12. Have you ever been a J nonimmigrant exchange visitor who was subject to the two-year foreign residence requirement and not yet complied with that requirement or obtained a waiver?

13. Are you now withholding custody of a U.S. citizen child outside the U.S. from a person granted custody of the child?

14. Do you plan to practice polygamy in the U.S.?

i8Related Topic: Bar to Adjustment "Inadmissibility Grounds"

Updates
 
8February 7, 20068 I-864 Affidavit of Support Submission With Initial Filing (Tax Return - 1 Year Only)
The I-485 Adjustment of Status is the process for applicants who are physically present in the United States and seeks issuance of Legal Permanent Resident "Green Card" status in the United States. Applying for Legal Permanent Resident "Green Card" status, based on a family relationship, is generally a 2-step process: (i) the I-130 Relative Petition and (ii) the application for an immigrant visa.  To file an I-485 Adjustment application, the -130 Relative Petition must be approved and its "priority date" current (priority date is based on the nature of the family relationship).  For a spouse of a U.S. Citizen, the priority date is current, and therefore, if the applicant is in the United States, the I-130 and the I-485 can be filed simultaneously.  No longer filed at District/Local USCIS offices, the application is filed with the National Benefits Center (NBC) under the Direct Filing Program.  After submission to the NBC, the applicant visits the local Application Support Center (ASC) and then attend an "adjustment of status" interview at the District/Local USCIS Office.  The US CIS needs to make a determination that the applicants' family (specifically, the foreign national spouse) will not become a "public charge".  In this regard, employment and financial documents, and Form I-864 (and I-864(A)) assures the USCIS that applicants are financially viable.  The USCIS will verify that the applicant's household income is above the annual Poverty Guideline (125%), by examining the current financial standing of the applicant's household income (W-2, employment verification letters, bank statements, assets).  Additionally, the Poverty Guideline must be met for three (3) years preceding the date of admission (adjustment of status interview).  In an Interoffice Memorandum, Michael Aytes, Acting Director for Domestic Operations, the USCIS policy has been amended so that (1) only one Federal Income Tax Return, for the tax year most recent as of the date the Form I-864 is signed is required, and (2) that such documents and the I-864 be submitted with initial filing.  The new policy applies to I-485 Adjustment of Status applications (family-based) submitted after December of 2005.
`PDF4Download: I-864 Affidavit of Support Submission With Initial Filing (DHS/USCIS) (12/05)
`PDF4Download: 2006 Poverty Guidelines (HHS) (01/06)
8February 6, 20068 I-693 Medical Examination Submission With Initial Filing
The I-485 Adjustment of Status is the process for applicants who are physically present in the United States and seeks issuance of Legal Permanent Resident "Green Card" status in the United States. Applying for Legal Permanent Resident "Green Card" status, based on a family relationship, is generally a 2-step process: (i) the I-130 Relative Petition and (ii) the application for an immigrant visa.  To file an I-485 Adjustment application, the -130 Relative Petition must be approved and its "priority date" current (priority date is based on the nature of the family relationship).  For a spouse of a U.S. Citizen, the priority date is current, and therefore, if the applicant is in the United States, the I-130 and the I-485 can be filed simultaneously.  No longer filed at District/Local USCIS offices, the application is filed with the National Benefits Center (NBC) under the Direct Filing Program.  After submission to the NBC, the applicant visits the local Application Support Center (ASC) and then attend an "adjustment of status" interview at the District/Local USCIS Office.  The I-693 Medical Exam is required to be submitted, but the examination is only valid for 1-year.  Pending applications sometimes take 2 years until completion, and therefore, the medical exams -- in the past -- were not provided to the USCIS with the initial submission (because applicants would be forced to take another medical examination before the interview).
The USCIS reaffirms that the I-693 Medical Exam be submitted with the initial submission as it will extend the validity of the civil surgeon's endorsement on an I-693 Medical Exam until the time of adjudication/completion.
`PDF4Download: I-693 Medical Examination Submission with Initial Filing (DHS/USCIS) (01/06)
8February 3, 20068 Interviews Waived for Certain Family-Based Adjustment of Status Cases
The I-485 Adjustment of Status is the process for applicants who are physically present in the United States and seeks issuance of Legal Permanent Resident "Green Card" status in the United States.  Applying for Legal Permanent Resident "Green Card" status, based on a family relationship, is generally a 2-step process: (i) the I-130 Relative Petition and (ii) the application for an immigrant visa.  To file an I-485 Adjustment application, the -130 Relative Petition must be approved and its "priority date" current (priority date is based on the nature of the family relationship).  For a spouse of a U.S. Citizen, the priority date is current, and therefore, if the applicant is in the United States, the I-130 and the I-485 can be filed simultaneously.  No longer filed at District/Local USCIS offices, the application is filed with the National Benefits Center (NBC) under the Direct Filing Program.  After submission to the NBC, the applicant visits the local Application Support Center (ASC) and then attends an "adjustment of status" interview at the District/Local USCIS Office.  However, as part of the backlog elimination efforts, certain pending I-485 cases are being transferred from the NBC to the Regional Service Center -- California Service Center (CSC) -- applications which are deemed to not require an in-person "adjustment of status" interview.  These applications, if no interview is required, will be adjudicated by the CSC (applicants will be notified by mail, from the NBC and the CSC, not by the District/Local USCIS Office).
`PDF4Download: Transfer from NBC to CSC / Interviews Waived (DHS/USCIS) (12/05)
`PDF4Download: MNA/ARIA Transfer from NBC to CSC / Interviews Waived (DHS/USCIS) (12/05)
Submission Documents (Petition type:  Spouse of U.S. Citizen, Within U.S.)
Applying for Legal Permanent Resident "Green Card" status, based on a family relationship, is generally a two-step process: (i) the I-130 Relative Petition and (ii) the application for an immigrant visa.  To file an I-485 Adjustment application, the -130 Relative Petition must be approved and its "priority date" current (priority date is based on the nature of the family relationship).
However, for a spouse of a U.S. Citizen, the priority date is current, and therefore, if the applicant is in the United States, the I-130 and the I-485 can be filed simultaneously.

Note that states have different rules on issuing marriage certificates (some states require a "waiting period" after obtaining a marriage license, before issuing a marriage certificate).  Also, name-change of a spouse can be one evidence of a "bona fide" marriage, and is generally a simple procedure if undertaken at the time of obtaining a marriage certificate.  In this case, the spouse who changes his/her name should also make changes on all documents, including the passport, and comply with his/her foreign country's rules about reporting marital relationships.

In general, all forms are originals, copies of documents (for submission), original documents (for interview), and all non-English documents with certified English translations (sample certificate of accuracy for translations).

....
Forms
I-131 Advance Parole (Travel Permit/Document)
....
Required When Traveling Overseas
An applicant who files, in the United States, an I-485 Adjustment of Status application to become a Lawful Permanent Resident "Green Card Holder," needs to have a valid I-131 Advance Parole (Travel Permit/Document) if he/she is traveling overseas.
An I-485 Adjustment of Status application may be filed at a Regional US CIS Office for employment-based "green card" applicants, and at the National Benefits Center (NBC) [See Direct Filing] for family-based "green card" applicants.
The I-131 Advance Parole (Travel Permit/Document) allows the foreign national applicant, during an adjustment process, to lawfully exit and and re-enter the United States, without "abandoning" the adjustment application.  Even if an applicant has a valid entry document (a valid nonimmigrant visa), traveling overseas without the I-131 Advance Parole / Travel Permit document can result in the adjustment application to become "abandoned (the exception is for valid "H" and "L" visa holders).
Important: District (Local) US CIS Office will still function to allow for in-person, same-day filing of benefit applications such as the I-765 Employment Authorization and I-131 Advance Parole (Travel Permit/Document), after filing under the Direct Mail Program.  Also, interviews will continue to be held at the District (Local) US CIS Office.
`PDF4Download: US CIS Advance Parole (Travel Permit/Document) Press Release  (Nov 2003)  (DHS/US CIS)
....
Do Not Travel Overseas if Subject to 3/10 Year Bar of Inadmissibility
Applicants who are subject to the 3/10 year bar should NOT use the I-131 Advance Parole (Travel Permit/Document), even if the document has been approved/issued by the US CIS.  While re-entry into the United States may be possible, departure from the United States could ultimately result in the denial of Lawful Permanent Resident "Green Card" status at a later time.

Applicants who have a pending an I-485 Adjustment of status to Legal Permanent Resident "Green Card" status under INA 245 are considered to be in a period of "authorized stay" and does not accrue unlawful presence.  (However, this is different from having visa "status.")

Important -- Overseas Travel May Trigger Overstay Period:  Unlawful presence accrued prior to filing the adjustment of status application will be considered unlawful presence (but only triggered if he/she departs the United States).  If an individual, who has accrued more than 180 days of unlawful presence before filing an adjustment of status application under INA 245(a) or 245(i), departs the U.S. using advance parole/travel document, it will trigger the 3/10 year bar.  (The same for "V" visa holders.  Even if re-entry is allowed, departure will trigger the 3/10 year bar.)
Because the applicant needs to establish admissibility and eligibility for an immigrant visa under INA 245(a)(2) at the time the adjustment of status determination is made (for example, on the date of the adjustment interview), even if an applicant has "authorized stay" during the pending I-485 adjustment application, by departing, the prior overstay period subject to the 3/10 year bar can be trigged.  In this case, the applicant will be considered inadmissible under INA 212(a)(9)(B)(i).
Note:  Therefore, file a I-485 adjustment of status application within 180 days of the expiration of the visa "status" document (I-94 Arrival/Departure Card), and if "D/S," file before 180 days or more of violation status.

i8Related Topic: Bar to Adjustment "Inadmissibility Grounds" (including "overstay")

I-765 EAD (Employment Authorization Document)
An EAD (Employment Authorization Document ) card may be issued for nonimmigrants who do not have work-authorized visas, but is eligible for employment authorization (F-1 Optional Practical Training, "E" and "L" derivative spouses, etc.).

Additionally, those with pending employment- or family-based I-485 adjustment of status applications to become a "Green Card" holder (LPR/Legal Permanent Resident), can obtain an EAD card during processing.
Important: District (Local) US CIS Office will still function to allow for in-person, same-day filing of benefit applications such as the I-765 Employment Authorization and I-131 Advance Parole (Travel Permit/Document), after filing under the Direct Mail Program.  Also, interviews will continue to be held at the District (Local) US CIS Office.

The EAD card is normally only valid for one (1) year, and many must renew the authorization while the application is pending.

In June of 2004, the US CIS announced that it intended to provide EAD cards with a validity date of more than one (1) year for certain types of pending applications -- as the backlog of applications and processing time increase.

Additionally, the DHS (Dept. of Homeland Security) has announced that it will issue new EAD cards with security features.
`PDF4Download: EAD Card "New Design" (US CIS/DHS) (06/2004)

I-864 (Affidavit of Support) (Petition type:  Spouse of U.S. Citizen, Within U.S.)
The US CIS needs to make a determination that the applicants' family (specifically, the foreign national spouse) will not become a "public charge".  In this regard, employment and financial documents, and Form I-864 (and I-864(A)) assures the US CIS that applicants are financially viable.  It is possible to also have this form completed by other family members who can become "sponsors."  If the foreign national spouse has accepted public benefits, the "public charge" criteria may become an issue.
 
Note:  After December 2005, the I-864 Affidavit of Support form is required to be submitted with initial filing.  The new policy amends the requirement for tax returns from the past 3 years to only 1 year (for the tax year most recent as of the date the Form I-864 is signed).
`PDF4Download: I-864 Affidavit of Support (DHS/USCIS) (12/05)
`PDF4Download: 2006 Poverty Guidelines (HHS) (01/06)
....
Income/Poverty Guideline
Whether submitted initially or at the adjustment interview, the US CIS will verify that the applicant's household income is above the annual Poverty Guideline (125%), by examining the current financial standing of the applicant's household income (W-2, employment verification letters, bank statements, assets).  Additionally, the Poverty Guideline must be met for three (3) years preceding the date of admission (adjustment of status interview).  Financial viability information is additionally included in the I-864 Affidavit of Support Form.

For example, the 2006 Poverty Guideline for the 48 Contiguous States and the District of Columbia is:

2006 HHS Poverty Guidelines

Persons in
Family or Household		 48 Contiguous
States and D.C.		 125%
(and Alaska)		 Hawaii
1 $ 9,800 $12,250 $11,270
2 13,200 16,500 15,180
3 16,600 20,750 19,090
4 20,000 25,000 23,000
5 23,400 29,250 26,910
6 26,800 33,500 30,820
7 30,200 37,750 34,730
8 33,600 42,000 38,640
For each additional 
person, add		  3,400  4,250  3,910

SOURCE:  Federal Register, Vol. 71, No. 15, January 24, 2006, pp. 3848-3849

Note: Form I-864 is completed by the U.S. Citizen spouse.  If the Poverty Guideline and financial viability can be established solely by the U.S. Citizen spouse's income (meets 125% of the poverty guideline), then there is no requirement that Form I-864(A) be completed by the foreign national spouse.  The exception is when a joint tax return is filed (if joint tax return has been filed, then the foreign national spouse must submit a Form I-864(A)).

Example:  Wife (U.S. Citizen) and Husband (Foreign National), Total Household Size: 2, 125% of Poverty Guideline:  $16,500.
1.  If U.S. Citizen wife makes $16,500 a year, filed a married but separate tax return, and has been making $16,500 a year for the preceding 1 year, file I-864 and evidence only.
2.  If U.S. Citizen wife makes $16,500 a year and foreign national husband makes $00.00 a year, and filed a joint tax return (and U.S. Citizen wife has been making $16,500 a year for the preceding 1 year, file I-864 and I-864(A) and evidence.
3.  If U.S. Citizen wife and foreign national husband makes a combined $16,500 a year, and filed a separate and/or joint tax return (and U.S. Citizen wife and/or foreign national spouse has been making $16,500 a year for the preceding 1 year), file I-864 and I-864(A) and evidence.
Note: Financial assets can be provided in lieu of income, to meet the poverty guideline if 5 x (times) the poverty guideline wage.
Example:  Wife (U.S. Citizen) and Husband (Foreign National), Total Household Size: 2, 125% of Poverty Guideline:  $16,500.
1.  If U.S. Citizen wife and/or foreign national husband makes $00.00 a year, but by showing financial assets worth $82,500.00 (5 x $16,500) can overcome "pubic charge."
`PDF4Download: 2006 Poverty Guidelines (HHS) (01/06)
`PDF4Download: 2005 Poverty Guideline (HHS) (01/05)
i8Details: "Public Charge" Ground of Inadmissibility (from "Inadmissibility" Section)
i8Gov. Site: Dept. of Health & Human Services
i8Gov. Site: Poverty Guideline Section:  Dept. of Health & Human Services
....
When I-864 is Not Needed -- 40 Qualifying Quarters of Social Security Coverage
If 40 Qualifying Quarters of Social Security Coverage can be credited to the foreign national spouse, then there is no need to submit an I-864 Affidavit of Support.

A "qualifying quarter" is a legal term relating to a unit of wage that, if earned in most types of  employment, counts toward coverage for Social Security benefits.  For example, for the year 2001, a worker earns a quarter of coverage as soon as he/she earned $830.00.  One can earn up to four quarters every year.

The spouse and child may also be credited with the quarters earned by his/her spouse or parent: spouses may be credited with all the quarters earned by the other spouse during marriage, assuming the marriage did not end in divorce; children may be credited with all quarters earned by either or both parents up until the child turns 18 (see Details, below.)

Therefore, some spouses and children will have satisfied this requirement at the time they immigrate and will not need to file an I-864 Affidavit of Support.  (Social Security earnings records should be provided to prove this, and can be obtained by completing and filing an SSA Form 7004, which can be obtained online.)

Details:

The foreign national applicant/beneficiary can not be credited with any quarter beginning after December 31, 1996, during which he/she receives (received) any federal means-tested public benefit.  A copy of the certified earnings statement, as well as a signed statement from the person who earned the quarters containing the following language "I [name] certify under penalty of perjury under the laws of the United States that I did not receive any federal means- tested benefit, such as temporary assistance for needy families, food stamps, medicaid, social security insurance, or state child insurance, during any of the quarters I am using to qualify that were earned after December 31, 1996.

The term quarter means the three-calendar-month period ending on March 31, June 30, September 30, or December 31 of any year.  Quarters of coverage are obtained by working at a job or as a self-employed individual, earning a specified minimum income, and making social security payments on it.  Quarters are calculated based on the amount of income earned during the course of the year, rather than actual number of days worked within a given quarter.  For example, the requisite minimum income for 2001 is USD 830 per quarter. Thus any individual earning three times this amount during the calendar year would be credited with three quarters of coverage, even if the individual actually worked for only one month.

Examples of foreign national applicants/beneficiaries who can benefit from the 40 Qualifying Quarters:
1.  Applicant who came to the united states as a student on an F-1 visa and, while working legally, acquired 16 quarters of SSA coverage, followed by 20 quarters of SSA coverage while working on an H-1B visa, eventually followed by 4 quarters coverage while working as an intracompany transferee on an L-1 visa.

2.  Applicant who entered the united states on an O-1 visa (alien with extraordinary ability in sciences, arts, education, business, or athletics), along with a spouse who also held an O-1 visa, both of whom worked for five years, earning a total of 40 quarters SSA coverage between them.

3.  Applicant who entered the United States on an H-2A temporary agricultural worker visa and worked legally for five years, followed by two years work out-of-status, followed by one year of legal work under temporary protected status, followed by two more years work out-of-status, making regular social security payments even during those periods of unauthorized work.

4.  A four-year old applicant just adopted by a US. Citizen parent who has worked and made social security payments for ten or more years in the US.

Conditional "Green Card" (Conditional Legal Permanent Resident Status)
A foreign national who has been married to a U.S. Citizen or Legal Permanent Resident/LPR ("green card" holder) for less than 2 years on the day that permanent residence is conferred (normally, the day of the I-485 Adjustment of Status interview) a conditional permanent residence for 2 years only.  The purpose of this condition is to prevent fraudulent marriages.  (Except for this 2 year duration condition, the foreign spouse has the same rights as any other permanent residents -- the foreign spouse may live and work in the U.S and travel freely in and out of the United States.  Furthermore, the time spent as a conditional permanent resident counts toward the residency requirements for naturalization.

To remove the condition, the foreign spouse and the U.S. Citizen or Legal Permanent/LPR spouse must jointly file a petition within 90 days before the second anniversary of the foreign spouse's obtaining conditional permanent residence.  If a joint petition is not filed in time, the foreign spouse may be removed from the United States. If the joint petition is not possible for the following reasons, the foreign spouse may be able to self-petition:

The US CIS will review the legitimacy of the marriage during this process. If the parties are able to prove that the marriage was not entered into solely for the purpose of the foreign spouse's gaining permanent resident status (that it is a "bona fide" marriage), the US CIS will remove the 2-year duration condition, and the foreign spouse will be provided permanent resident ("green card") status that has no duration limitation.  The US CIS, instead of approving, may request the applicant(s) for an interview at the District (Local) US CIS office before making final determination.
....
....
General Filing Procedure/Processing
1.  File I-751 form, fees, and documents with the Regional US CIS Service Center.

2.  Receive filing receipt that will indicate 1-year "automatic" extension of Legal Permanent Resident/LPR ("green card") status.

The filing receipt/extension letter (original), expired 2-year "Green Card," and valid passport is required for overseas travel.
3.  If application not decided/concluded within the 1-year "automatic" extension period, visit the District (Local) US CIS Office.
The The foreign national application, during the processing of this type of application, is eligible to receive evidence of Legal Permanent Resident/LPR ("green card") status.  Currently, if the 1-year "automatic" extension letter expires, the District (Local) US CIS Office is instructed to issue a "Green Card STAMP" inside the foreign national's passport.  Additionally, the Regional US CIS Service Center may issue a second 1-year "automatic" extension letter.
4.  The US CIS may contact the applicants with (a) approval, (b) request for additional documents, or (c) interview.
If approved, the foreign national spouse will visit the District (Local) US CIS Office to receive the permanent "Green Card STAMP" inside the foreign national's passport.  The "Green Card" will thereafter be mailed to the applicant.
`PDF4Download: I-751 Self-Petition Options  (2004)  (MNALLP)
`PDF4Download: US CIS I-751 Filing Requirements/Conditions  (April 2003)  (DHS/US CIS)
`PDF4Download: US CIS Continuing LPR Status During I-751 Processing  (December 2003)  (DHS/US CIS)
VAWA (Violence Against Women Act)
The Violence Against Women Act (VAWA) was passed in 1994 (VAWA II in 2000) allowing abused immigrant women and children to seek Legal Permanent Residency/LPR ("Green Card" status), independently of their abusers' support (petition).  [Note:  Married men also can qualify to file under VAWA.]

The married spouse of a U.S. Citizen and LPR ("green card" holder) can petition for the I-485 Adjustment of Status by establishing "extreme cruelty" with documents such as police reports, medical reports, and documents from counselors and social service specialists.  Emphasis is placed on documenting and explaining how the abuser's conduct impacted on the quality of life of the married spouse or her/his ability to function.  Therefore, it is important to detail not only what the abuser did, but how the spouse felt as a result of the abuser's actions and behavior.

The applicant is also no longer required to establish "extreme hardship," and can apply from outside the U.S. if she can demonstrate that she/he was the victim of domestic violence in the United States.

....
Spouse

A married foreign national spouse may self-petition if she/he is a battered spouse married to a U.S. Citizen or LPR ("green card" holder).  Unmarried children under the age of 21, who have not filed their own self-petition, may be included as derivative beneficiaries.

The self-petitioning spouse:

1.  Must be legally married to the U.S. citizen or lawful permanent resident batterer.  A self-petition may be filed if the marriage was terminated by the abusive spouse's death within the two years prior to filing.  A self-petition may also be filed if the marriage to the abusive spouse was terminated, within the two years prior to filing, by divorce related to the abuse.
2.  Must have been battered in the United States unless the abusive spouse is an employee of the United States government or a member of the uniformed services of the United States.
3.  Must have been battered or subjected to extreme cruelty during the marriage, or must be the parent of a child who was battered or subjected to extreme cruelty by the U.S. citizen or lawful permanent resident spouse during the marriage.
4.  Must have entered into the marriage in good faith, not solely for the purpose of obtaining immigration benefits.
....
Parent

A parent of a child who has been abused by her/his U.S. Citizen or LPR ("green card" holder) may self-petition. The parent's child (under 21 years of age and unmarried), including those who may not have been abused, may be included in the parent's petition as derivative beneficiaries, if they have not filed their own self-petition.
....
Child

A child may self-petition if he/she is a battered child (under 21 years of age and unmarried) who has been abused by his/her U.S. Citizen or LPR ("green card" holder) parent.

`PDF4Download: VAWA Self-Petition  (December 2004)  (MNALLP)


Related Topics
The following sites provide information that is related to adjustment applications:  bars to immigrant visa "green card" based on public charge, etc.; social security numbers (obtaining tax records, etc.); foreign national entry & departure tracking system; and database of foreign nationals used by the US CIS (prior arrest records, etc.).
i8Related Topic: Bar to Adjustment "Inadmissibility Grounds"
Even if a foreign national applicant substantively qualifies for a nonimmigrant or immigrant visa "green card," there are grounds of "inadmissibility" that may ultimately disqualify him/her from obtaining the status.

i8Related Topic: Social Security Number -- SSA, SSN, ITIN (TIN) & I-9

i8Related Topic: Foreign National Entry & Departure Monitoring/Tracking System "US VISIT"

i8Related Topic: Database of Foreign Nationals

8Immigration News/Updates:  News/Updates

8Main INDEX (Immigration)
8M+N-LLP Offices


LEGAL DISCLAIMER:
Please be advised that immigration laws and policies change frequently.  Furthermore, the processing methods and times at various embassies/consulates and immigration offices vary.  Information provided by Marcos, Negron & Akaike, L.L.P. is not to be construed as legal advice.  You should always consult a legal representative for your concerns.