I-485 Adjustment of Status

Guide to Adjustment of Status (AOS) I-485 application

Below is a step-by-step procedure explaining how your Adjustment of Status case will be prepared and processed. You should read this entire process before beginning any of the Steps. In particular, you may want to review some of the Miscellaneous Issues in the process. Please follow the procedures exactly to insure both efficiency and effectiveness in your case. If you have any questions, please contact the attorney and/or paralegal assigned to your case.

STEP #1:
Please compile the following documentation for yourself and each family member who will be immigrating with you i.e. spouse and children born abroad. You will note that some of these documents may already be in our files, however, we may have received those earlier copies from a variety of sources and are not always able to determine the chain of custody demanded by the 485 process. Therefore we are requesting that you provide all documents listed below. Please mail it at your earliest convenience to the attorney handling your labor certification and immigrant petition case.

a) A copy of all approval notices received from the USCIS

b) A copy of all I-94 cards (received upon entry into the U.S.); I-20’s (issued if you were ever in F-1 status in the U.S.); IAP-66’s (issued if you were ever in J-1 status in the U.S.)

c) A copy of every page of the passport

d) A copy of your marriage certificate

e) A copy of the divorce decree from any previous marriages of yourself or your spouse

f) A copy of the birth certificate for each family member adjusting status with you

g) A copy of your income tax returns for the past three years

Please Note: If a document is not in English, then you should provide an English Translation.

DOCUMENT TRANSLATION INSTRUCTIONS

TO OBTAIN A COPY OF A BIRTH CERTIFICATE, MARRIAGE CERTIFICATE OR DIVORCE DECREE

ALTERNATE DOCUMENTATION (This is necessary when a Birth Certificate is not available or when the Birth Certificate does not list the name of the child or both names of the parents.)

STEP #2
Complete Form G-325, Biographic Information, on yourself and on behalf of each family member who will be adjusting with you.

Instructions for completion of Form G-325:
-Please print legibly. Our legal staff must be able to read your hand-written G-325.
-Although the USCIS does not require the G-325 for children under the age of 14, our staff needs the information in order to complete other forms.
-In order to access the G-325 form you must have “Adobe Acrobat Reader” software. If necessary, you may first download this free software.
-You do not need to sign the G-325, we will type out new forms for you to sign.
-You do not have a “File Number” or “A Number”. Please leave those fields blank.

FORM G-325
Special Note: You will notice that two copies of this form appear as PDF files. Please only complete one copy of this form for each family member.

After you have completed steps 1 and 2, please mail all to the attorney handling your case.

STEP#3:
Complete your medical examination. To obtain the name of an approved USCIS doctor in your area you may call 1-800-375-5283.

DISCLAIMER: The medical examination results must be no more than one year old at the time that we file the I-485 Adjustment of Status. Therefore, we recommend that you do not complete the medical examination until your I-485 is ready for filing.

To obtain a medical examination form, go to http://www.uscis.gov/files/form/i-693.pdf

MEDICAL EXAMINATION INSTRUCTIONS

STEP #4:
Obtain the required photographs for your application. Keep in mind that two photographs are needed for the I-485, two for the employment authorization document, and two for the advance parole authorization. USCIS Photograph Instructions

MISCELLANEOUS ISSUES IN ADJUSTMENT OF STATUS

COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING
Adjustment of status is the process whereby a foreign national obtains permanent residence while physically present in the United States. In contrast, consular processing is the procedure for obtaining permanent residence at a United States Consulate outside of the United States. Generally, it is preferable to file your case under the I-485 Adjustment of Status process. If you are interested in having your case filed as a Consular Processing case, please contact the attorney handling your case immediately.

MEMO COMPARING ADJUSTMENT OF STATUS AND CONSULAR PROCESSING

OUT OF STATUS / UNLAWFUL PRESENCE
If you have been out of status or unlawfully present at any time, it is imperative that you contact your attorney immediately. To do otherwise may jeopardize your continuing status in the United States and/or may prove to be a bar in traveling or adjusting your status to that of Permanent Resident.

''Give me your tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teeming shore. Send these, the homeless, tempest-tossed, to me; I lift my lamp beside the golden door.'' -Emma Lazarus

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