Jump to content

Search the Community

Showing results for tags 'i485'.

  • Search By Tags

    Type tags separated by commas.
  • Search By Author

Content Type


  • Family & Marriage Based US Visa Immigration Discussion
    • K-1 Fiance(e) Visa Process & Procedures
    • IR-1 / CR-1 Spouse Visa Process & Procedures
    • Direct Consular Filing (DCF) General Discussion
    • Bringing Family Members of US Citizens to America
    • Bringing Family Members of Permanent Residents to America
    • What Visa Do I Need - Family Based Immigration
  • Non-Family Based US Visa Discussion
    • Tourist Visas
    • Work Visas
    • Student & Exchange Visitor Visas
    • Diversity Lottery Visas
    • Deferred Action for Childhood Arrivals (DACA)
  • Consulate & USCIS Service Center Discussion
    • National Visa Center (Dept of State)
    • US Embassy and Consulate Discussion
    • Waivers (I-601 and I-212) and Administrative Processes (221g)
    • USCIS Service Centers
  • US Visa Holder and Permanent Resident Immigration Discussion
    • Adjustment of Status (Green Card) from K1 and K3 Family Based Visas
    • Adjustment of Status from Work, Student, & Tourist Visas
    • Working & Traveling During US Immigration
    • Tax & Finances During US Immigration
    • Removing Conditions on Residency General Discussion
    • US Citizenship General Discussion
    • Effects of Major Family Changes on Immigration Benefits
    • Military Immigration-Related Discussion
    • General Immigration-Related Discussion
  • General Discussion Area
    • Off Topic
    • Games While You Wait
    • Regional Discussion
    • Moving to the US and Your New Life In America
    • Finding Work in America
    • Emigrating Outside the US
    • Current Events and Hot Social Topics
    • Introducing our Members
    • General Polls
    • US Immigration News and Discussion
    • Coronavirus Covid-19
    • Site-Related Discussion - Updates, Ideas, etc.
  • Moderator and Organizer Forums (Hidden)


  • USCIS Immigration Processing Times


  • Captain's Corner
  • Guest Blog
  • Immigration News
  • Site Updates

Find results in...

Find results that contain...

Date Created

  • Start


Last Updated

  • Start


Filter by number of...


  • Start




Immigration Status

Place benefits filed at

Local Office


Our Story

  1. Hi everyone! I am a US Citizen and my mother is currently here in Los Angeles. She was supposed to leave last August 31st, but my husband and I decided to have her stay and we just file for her petition and adjustment of status. I have consulted through Just Answer with an immigration lawyer on the forms that I need to file and some guidelines. I know the forms I need to submit are: I-130 I-485 I-864 I-765 G-1145 I am getting anxious given that the total filing fee is a huge amount, I want to make sure and get your inputs if this is really something that I can do on my own with seeking assistance from an Immigration lawyer. Thank you so much for those that will respond and please do share your own experiences.
  2. When I was a child, under 10 years old, I was brought to the United States with a K-2 Visa and have been here ever since (am now slightly older than 21). My K-1 visa mother married my stepfather during the 90 day period, but they never went through the application process for the green card for my mom or myself. They have not made any progress on my, or my mom's behalf, so I am taking things into my own hands as I would like to get my green card so I can finish school, gain employment and travel. I am hoping to be able to complete all required documentation with minimal involvement to get signatures, proof documents, etc. from my stepdad and mom. From free consultations I have gotten a list of documents that I need to complete including I-485, I-765, I-131, I-864, etc. I am getting these completed and going to be talking with some free resources I have access through college that I attended for a period of time. Just to help my anxiety, if I go through this process and get denied at the end, what are the chances I get sent back to my mothers home country that I have very little relation to. Any tips and advice, as I wasn't able to find any similar posts to this situation, would be helpful. I think this is similar to the Matter of Le case from 2011. Thank you.
  3. I am curious if there is a minimum required advance notice that an applicant is entitled to before appearing to the interview? On a purely anecdotal level, I know that these notices usually come in 4-6 weeks in advance, but I am not sure what is legally mandated (if anything).
  4. Hello everyone I arrived in the US on a K1 visa on 5/15 and married my fiancé on 6/23 we are organizing all the AOS paperwork to send it in the next few weeks. My fiancé was just offered a promotion at a new company and would start in 1 month from now if he accepts (at both his current and new job he would earn above +125% of the poverty line). - Do you guys think it can be a problem that it is a new job? - Is it better to send the i-864 with the information about his new job or send the i-864 with his current job? - What kind of evidence can we include? We can get a letter of employment but we would have at most 1 paystub from his new job, we also have the tax transcript for the last 3 years. Thank you very much.
  5. Hello, We're getting ready to submit our AOS paperwork however even after thoroughly reading the instruction pages, we still wanted to double check/clarify a few things. Any input on any of the questions would be highly appreciated! On the I-485 AOS form, I just want to confirm that the K1 visa IS subject to the public charge ground of inadmissibility under INA section 212(a)(4) - (pt. 8 #61). I believe I choose yes which then brings me to #62. #62 - I am using my brother as a joint sponsor for my wife's petition since I don't have an income however my brother and I don't live together - would he still be considered in our household? #63 - Do I include his full income in our annual household income? #64 - Should we share my wife's savings account information as an asset (do we provide bank statement as proof?) #65 - would car insurance be considered a liability? We're living rent free with my cousin for now so we're unsure whether to include any liabilities On form I-864 Affidavit of Support, (pt. 7 #6- use of assets to supplement income) Should I add my wife's checking/savings info when it asks "Assets of the principle sponsored immigrant?" For reference, my brother as a joint sponsor will be filling out his own I-864 so he wouldn't need to fill this part out being that he exceeds the federal poverty guideline, however I will add my minimal assets, but I'm wondering if I should add my wife's savings account to both our I-864 forms. I don't believe I need the I-765 worksheet for K1 family visa however I wanted to verify that as well. Thank you in advance and good luck everyone!!!
  6. Hello, My wife is applying for her mother, who is currently here in USA in a B2 visa. So, she is applying i-130 and i-485 together. Here are some questions she has, if anyone can help that would be great. 1. During concurrent filling does she need to submit i-864 and i-693? 2. if i-864 is required then which address I have to send it out? NVC or USCIS? 3. is there any additional fees required for i-864. 4. Can I sponsor here where she is living in the same house hold with us and how?
  7. Hi everyone, I recently received a Request for Evidence (RFE) regarding the I-864 form. As my mom, the primary sponsor, does not meet the income requirements to sponsor me, I included my sister as a joint sponsor. Unfortunately, I forgot to attach her W-2 and 1099 forms, which demonstrate her financial contribution. Consequently, I received an RFE requesting the tax supporting documents for my sister's most recent year. I submitted my I-485 application in August 2022, and during the period from 2019 to 2021, my sister earned enough income to support me. However, for the most recent tax return in 2022, her income does not meet the sponsorship threshold. Being self-employed, she has claimed various deductions related to house depreciation, resulting in a significantly lower tax amount. She can provide bank statements as proof of her rental payments from her properties. I have a few questions that I would appreciate guidance on: Should I only submit her tax supporting documents for 2021, or do I also need to include the tax transcript for 2022? Is it necessary for my sister to write a letter explaining the reasons behind her lower income in 2022, despite having enough funds to sponsor me? Considering I already have one joint sponsor, should I seek another joint sponsor? And if I attach another I-864 for the second joint sponsor, do I need to provide an explanation? I am feeling overwhelmed with these concerns, and any assistance would be immensely helpful. Thank you for your support. Please find the attached RFE letter below.
  8. Note: When filing for Adjustment of Status K1 and K3 Visa holders are required to submit their paperwork at this address. After the National office completes initial processing your case will be referred to your local CIS office where you will be interviewed for your permanent residency or be transferred to CSC. Prior to this the national office will send you communications requesting biometrics be taken and schedule an interview with you for this. To determine the amount of time it will take your local office to schedule your interview appointment refer to Processing Times page and click on USCIS District Processing Times link Download the Following Forms: 1. I-485 2. I-944 (no longer required as of March 9, 2021) 3. I-864 4. I-765 (optional) 5. I-131 (optional) 6. G-1145 (optional) The above forms can be filled out on your computer and printed. Make sure you sign and date them as required. Anything you cannot fit by typing, you can handwrite (very neatly) in black ink in the blank instead. You should always verify the current forms at www.uscis.gov. Assembling the I-485 Package: Checklist Forms and Documents (follow these assembly instructions. All supporting documents must be in English or be translated as noted here.): 1. Payment as required by USCIS. Use a personal check so you can track the payment. Money Orders are also accepted. Read the Guide to Paying USCIS Immigration Fees. Be sure to include the payment for both the I-485 and the biometrics fee*. >> The fee for I-485 applications includes the cost of the I-131 and I-765 (no need to pay for them if filed with or while your I-485 application is pending adjudication). 2. Cover Page. This should include the applicants contact information, a description of the benefit being filed for ("Immediate Relative (Spouse) Family Based Adjustment of Status Application") and a table of contents listing the major items in the packet. If you need additional room to explain your case, attach a separate sheet and list the attachment on the cover sheet. Make sure to sign and date the cover sheet. 3. Form I-485: Petition for Alien Relative (note: use the non US Citizen spouse's married name on this form and list previous name/names) 4. Form I-944 (Declaration of Self-Sufficiency with applicable supporting documents) (no longer required as of March 9, 2021) 5. Copy of the non US Citizen Spouses Passport (biographical page as well as entry stamps). 5a. Copy of the non US Citizen Spouses K-1 or K-3 Visa from Passport 6. K-1 Visa Holders: Submit Copy of NOA2 "Approval" for I-129F ** K-3 Visa Holders: Submit Copy of NOA2 "Approval" for I-130 7. Electronic I-94 Copy or (for older entries) a copy of the non US Citizen Spouses valid paper I-94 (front and back of form) 8. A copy of the intending immigrant's birth certificate along with English translation. (If in any language other than English) 9. A copy of your marriage certificate. Note: While a regular copy is allowed, submitting a certified copy is preferred as some members have received an RFE asking for this (so if one is available use that instead). 10. Two passport-type photos (see specification) of the Non US Citizen Spouse. Write the full name and A# on the back using a soft felt tipped pen or pencil. Place in a plastic bag and label the bag "Photo of <Insert Name>". Attach the bag to a sheet of paper and place behind the I-485. 11. I-693, Medical Examination of Aliens Seeking Adjustment of Status.I-693, Medical Examination of Aliens Seeking Adjustment of Status. If you are a K-1, K-2, K-3 or K-4 visa holder the I-693 instructions state that you are not required to have another medical examination as long as your Form I-485 is filed within one year of your overseas medical examination. If you are missing any shots from your overseas medical a I-693 vaccination transcription is required to be completed by seeing a Civil Surgeon to have certain portions of the I-693 completed and have the Civil Surgeon certify the form (sealing the original in an envelope and giving you a copy). 12. I-864, Affidavit of Support (see poverty limits here) >> Include any additional required supporting documentation 13. I-765, Application for Employment Authorization, if you want to work while your application is processed (optional) >> Include any additional required supporting documentation or photos as well as payment as noted here. 14. I-131, Application for Travel Document, if you need to travel outside the United States while your application is processed (optional) >> Include any additional required supporting documentation or photos as well as payment as noted here. * Fingerprint fee not needed for applicants under 14 ** Should this document be misplaced/lost/never received you can file an I-824 to receive a duplicate copy via mail. "Cover Page" Information: In the checklist above it is recommended that you include a Cover Page with your application. While this is optional, filing a cover page will help the USCIS understand what benefit your are applying for and specifically what items you have included in your package. Again, make sure the cover page includes: -- the applicants contact information (name, address, phone number) -- A description of the benefit you are applying for, (Immediate Relative (Spouse) Family Based Adjustment of Status Application) -- A table of contents listing the major items in your package (i.e. I-485 and evidence, I-765, I-131, etc) -- A line with the applicants signature and date I-944 (Declaration of Self-Sufficiency) Information: This form is required to be submitted with your I-485 for all applicants, and is in addition to the required I-864 (Affidavit of Support). The supporting documents list is lengthy and includes a tax transcript (not actual tax return) of the U.S. citizen, last foreign tax return filed by the fiancé, asset statements, certificates for any English courses taken, higher education verification, if applicable (including diplomas and equivalency evaluations), and several other onerous requirements. The most troublesome item is the requirement for a U.S. credit bureau credit report, or a letter from a credit bureau stating that no credit report is available. Since most recent immigrants will not have a credit record in the U.S., no credit report will be available, and the 3 credit bureaus have not been issuing letters stating no report is available. Our best advice at this point is to write a letter explaining why no credit report is available. You can find an example of this letter and an example filled out I-944 here. Attach "E-Notification" Form (Optional) Clip a completed G-1145, E-Notification of Application/Petition Acceptance, to the first page of your application (on top of the cover page). By completing this form and attaching it, USCIS will send you an email and/or text message to alert you when your application was received. Where to File Everything: Applicants are required to mail applications to this address (not your local USCIS office). Be sure to mail the package with return receipt requested / delivery confirmation. Send via USPS. IMPORTANT! Make TWO copies of the entire package before you send it in. This includes the money orders too. You want to have a perfect replica of the package you are sending in. All Forms that you submit must be originals with original signatures. Supporting Evidence that you submit may be photocopies. Retain ALL original supporting Evidence since the USCIS has the right to check them by issuing an RFE (Request For Evidence). If you receive an RFE, follow the direction exactly, and make two copies of what you sent back. During any future interviews the USCIS may also want to examine the original supporting evidence. After Filing: What Happens? I-485's can take anywhere from several months to several years to be approved depending on where you live (every local office has a different waiting period). This delay often leaves the petitioner feeling completely hopeless of ever receiving approval. DO NOT GIVE UP! Though it seems like forever, the CIS will eventually get to your petition. In the mean time make sure your EAD for working is valid (renew when needed) and that you have an AP for any neccesary travel you have planned. Listed below are the main items that will happen while the beneficiary's I-485 is being processed. Employment Authorization and Advance Parole Processing If you filed for Employment Authorization and/or Advance Parole petitions are generally processed within 90 days of filing. During that wait the beneficiary (non-US Citizen Spouse) will be sent a notice in the mail to schedule an appointment at the nearest USCIS biometrics office to have their fingerprints and photos taken. It is important follow the instructions in this notice and to schedule the biometrics appointment in a timely fashion. Below are estimated waiting times for these benefits: Estimated EAD Processing Times Estimated AP Processing Times As a note, in an emergency where travel outside of the United States is needed (while a beneficiary's I-485 in still being processed) an Advance Parole can be obtained quickly by scheduling an Info-Pass appointment at your local USCIS office. You must show proof (doctors note, etc) that the travel is a true emergency (such as to see a critically ill relative or other true emergency) and file an I-131 (AP) in person. If approved the AP is likely be issued the same day. Do not attempt to leave the country without an AP as this can result in the beneficiary's I-485 being considered "abandoned" and will require a new Visa to enter the US (and refiling of the I-485). Biometrics Your beneficiary (non-US Citizen Spouse) will be required to have their biometrics taken as part of the I-485 processing (fingerprints and photos). The beneficiary will be sent a notice in the mail to schedule an appointment at the nearest USCIS biometrics office to have their fingerprints and photos taken. It is important follow the instructions in this notice and to schedule the biometrics appointment in a timely fashion. This can typically precede the interview date by up to 15 months, however it is usually much closer. Interview (in person) for Adjustment of Status Eventually most people (see exception below) will receive a letter from the CIS informing you of your interview date. It will include instructions on what to bring to the interview and any required items you may need to complete before hand. One of the most critical items requested will be "evidence of the relationship" which proves that your marriage is true and faithful (i.e. photos, joint checking account, joint lease, joint mortgage, and birth certificates of children if any, etc.). Also, it is important to bring the current passport of the beneficiary to the interview. The interview is fairly painless and may be video recorded and lasts between 15-30 minutes. If approved you will be mailed your "green-card" shortly after the interview date (weeks). Interview Exception. In some cases a beneficiary's Adjustment of Status case may be transfered to the California Service Center (possibly another location) where the CIS will attempt to complete processing without requirinig an "in person" interview. There is no particular way to know if this will happen to your case however if this does happen then you will not be required to attend an interview in person. If the I-485 is approved the beneficiary's green card will simply be mailed to them. NOTES: (1) It is possible that at your interview a tardy namecheck or FBI clearance may hold up a final "approval" of the I-485 after the interview. Permanent Resident status does not start until the case is *actually* approved, which may be a later date than the interview. The final issued green card will show the validity date. (2) If the beneficiary and petitioner have been married less than two years at the time the I-485 is approved then the beneficiary will receive what is called a "conditional" legal permanent residence. This simply means that the beneficiary will have to renew his/her greencard 2 years from the date it was originally "issued" by filing an I-751 to remove conditional status. When filing this form you will need to again show proof of your valid and ongoing marriage.
  9. Hi all, Thank you for allowing me to join, I read about the page on Facebook. A little about my background, I arrived in the USA on my visa waiver (WVP) for a 2 week trip with my USC fiancé, on the last day of the trip she asked me not to go home, stay with her in the USA and get married earlier than we planned. We are now married, I have overstayed my WVP and I'm out of status. We are about to file our AOS package. The question I have is, what date do I put in for the 'move in date' to her address for the I-130 and I-1485? Do I put the date I arrived in the USA, the date she asked me to stay with her, the date we are filing the AOS package or another date? I'm not sure if it complicates things, but I also have a lease back in my home country which I'm still paying for as obviously I didn't expect to be moving across the world without notice so I 'legally' haven't left that lease yet. Is it safe for her to add me to her lease in the USA as well? Any help would be gratefully received.
  10. Hey guys, today I received two notifications. Little backstory: Husband and I went the concurrent filing route when we got married (October) and submitted the i-130, i-485 and all the other ones in November for the AOS process. Well, today I wake up to see that the i-485 was updated to 'Case Approved' but the i-130 was barely updated to 'Case Is Being Actively Reviewed' status. This doesn't really make sense to me, I know theyre two different petitions but assumed they would both be looked at together? Any knowledge, insight, advice is appreciated. This is good news, right?
  11. I am little worried about a mistake that my lender or realtor made. My wife bought a house on mortgage. She provided her EAD and all income documents clearly stating that she was not a permeant resident. However, I was applying for her AOS and i130 and I saw the lease where I saw that her status was checked as permanent resident alien. What should be my next steps? I am very concerned. Please help me out.
  12. Hello. Did somebody take foreign property as an sponsors assets for i864 form (USA) in Adjustment of status (AOS) process? if yes, what is the better way - to make foreign property valuation with foreign appraiser, translate it notary to English (with apostille?) or with American appraiser making evaluation remotely (if possible)? Thank you!
  13. Hi all, My wife’s I-485 was approved on 3/3 but we haven’t had any updates since then other than receiving the approval notice via mail yesterday. She’s been browsing jobs and found a few that look really appealing but the application windows will close soon. Is it possible/legal for her to apply for jobs with just the approval notice but no Greencard on hand yet? Can she say that she’s legally allowed to work in the US? I saw in another thread that apparently printing green cards is delayed right now, just want to make sure we do everything by the book but also don’t waste any possible employment opportunities! Thanks in advance!
  14. So my husband and I had our interview October 6, 2021 for adjustment I-485 from K1. We thought everything went great until: - The officer handed us a "file being held for review" letter. - On November 16, 2021 we received an RFE and started preparing - On December 13th uploaded everything onto the USCIS portal and met the deadline which was December 21st - I waited 60 days as told then I called USCIS in January to check on things and agent confirmed he saw all evidence and send a notice to the interviewing officer to review and get back to us within 30 days - I went to my post office and opened a letter today which was dated March 7th and it was a denial stating we never submitted the documents required by December 21st and therefore we are considered ABANDONED. (#######!!!) - Letter also stated we can not appeal but can file a motion to reconsider I-290b. What would you all do in this case besides the obvious which is file an I-290b. Should I create an infopass and go down to the USCIS office, hire a lawyer or?? Thanks,
  15. This morning my wife and I filed two I-130s in which she, an American an born citizen, is requesting me and my daughter of a previous marriage as her direct family. We thought the whole process could. be done online, but apparently right now only the I-130 can. be done through the USCIS website. We are aware that the next step we should take to file the I-485s for me and my daughter. But how should we do it? Should we print the forms (we are aware that theres a new version for this year) and send them via USPS? If thats the case, how do we indicate that those files are part of our cases? Also, we understand that when filing for a minor with her parent at the same time the child's I-485 costs is less. So how do we indicate that this two I-485s are part of a same family? Thank you so much in advance, we are a bit lost in this part of the process
  16. I am in the US with my application DQ at NVC (waiting for the interview to be scheduled) back at home. How to answer this question on the form i-485: "Have you ever applied for an immigrant visa to obtain permanent resident status at a US Embassy or US consulate abroad?" So should I say Yes and then say "Pending" about the decision? Or simply answer "No" ?
  17. Hello, Which center should I send in the I 485 and I 765 for my wife? We had sent in the I-130 online, but our receipt shows that it is being processed by the Potomac center. We live in Philadelphia and this is for a spousal visa. I am a US citizen.
  18. Hello everyone, I was wondering If anyone had any advice. I got an RFE last night asking for more information. I originally included my marriage certificate, but they are requesting it again; is this normal? They also want evidence that we share a marital life. Is a utility bill, health care card, being an authorized person on my credit card enough evidence? Also, we didn't have a wedding ceremony, but it says, "other events", any idea's on what that might mean? Anyone have any advice? Any help would be greatly appreciated!
  19. We filed for my husband's AOS on January 2022, our timeline goes something like this: January 2022: Filed I-130, I-130A, I-485, I-765 and I-864 in the same package. Two weeks after we got the I-485, I-130 and Biometric receipt. February 2022: Biometrics appointment March 2022: Received EAD June 2022: Received AP (we filed these last two separately without knowing it could all be filed at once) November 2022: Received a RFE and sent evidence two weeks after December 2022: Evidence and I-130 approved, BUT the I-130 approval letter asks to file a I-485: "The petition indicates that the beneficiary wishes to apply for adjustment of status to that of a lawful permanent resident. They should submit a copy of this notice, along with a Form I-485, Application to Register Permanent Residence or Adjust Status." Does anyone know why this is being required again? Or is it just a template and our I-485 is actually being reviewed now? Our assessor says we don't need to worry since the USCIS clearly already received our I-485 and has been paid for, but I can't find any information on this online. Any suggestions on what to do?
  20. We have our interview scheduled in December and we are a bit worried as we have no idea hat questions they will ask. Do you guys have any experience to share? Also, my mom doesn`t speak good ENGLISH so I was hoping to come with her. Is this allowed?
  21. hello all I am looking for guidance on my case and hope I can get referred to precedents that will help I came to the United states on a B2 visa in Dec 2017 and filed for asylum within my 6months visa validity. I was interviewed within my 6months visa validity and referred to the courts. Since then I am yet to go for MCH as the courts keep rescheduling. in the meantime due to my advanced degree I applied for EB2 NIW and due to the nature of my job I was able to prove the 3 prongs and my petition was approved. Several lawyers told me that I am not eligible to file in the US and I had to leave the country. I have a daughter who is 5 and a us citizen the main reason I had to file asylum and leave my life back in my home country because she was going to be circumcised so I cant go back to my home country. A lawyer agreed to take my case saying it was possible to file in the US if DHS agrees to terminate my case, if so then USCIS will have jurisdiction over my case and I would be able to adjust my status. However I found a recent precedent by USCIS saying an asylum seeker cant adjust status as they are not in lawful status and as such cant adjust status in the US. this non precedent is by the Administrative appeal office. I am eligible to adjust my status? what should i do I. LAW Section 245(a) of the Act provides that the status of noncitizens who were inspected and admitted or paroled into the United States may be adjusted to that of a lawful permanent resident if they are eligible to receive an immigrant visa and are admissible to the United States and have an immigrant visa immediately available at the time the adjustment application is filed. In addition, noncitizens who seek adjustment of status in a category other than immediate relatives ofU. S. citizens or certain special immigrants must demonstrate that they are not subject to any of the bars to adjustment set forth in section 245(c) of the Act. Section 245( c )(2) of the Act disqualifies from adjustment noncitizens who are in unlawful immigration status on the date of filing an adjustment application, have "failed ( other than through no fault of [their] own or for technical reasons)" to maintain continuously a lawful status since entry into the United States, or have accepted unauthorized employment prior to filing an adjustment application. Section 245(c)(7) of the Act prohibits noncitizens who are beneficiaries of employment-based visa petitions from adjusting status if they are not in a lawful nonimmigrant status on the date of filing. Section 245(k)(2) of the Act allows noncitizens who are beneficiaries of employment-based visa petitions to adjust status pursuant to section 245(a) notwithstanding subsections (c)(2), (c)(7), and ( c )(8) it: subsequent to a lawful admission, they have not for an aggregate period exceeding 180 days failed to maintain continuously a lawful status, engaged in unauthorized employment, or otherwise violated the terms and conditions of their admission. II. ANALYSIS The issues before us on certification are: 1) whether the Applicant, through the filing of an asylum application, maintained a lawful status after the expiration of his nonimmigrant visitor status for the purposes of sections 245( c )(2) and 245( c )(7) of the Act, and 2) whether his asylum request, which was pending when he applied for adjustment of status and subsequently denied, was a request to maintain lawful status that qualified him for the technical violation exception under section 245( c )(2). The Director determined that the Applicant was ineligible to adjust status pursuant to section 245( c )(7) of the Act, which specifically bars applicants from adjusting status based on employment if they are not in a lawful nonimmigrant status on the date of filing the Form I-485. The Director further determined that the Applicant was barred from adjustment under section 245(c)(2) of the Act because he did not continuously maintain a lawful status after being admitted to the United States in January 2015, and he did not establish that he qualified for an exception to this requirement. The Director determined that the Applicant did not meet the criteria under section 245(k)(2) of the Act for exemption from the section 245( c )(2) and ( c )(7) bars to adjustment because he had failed to maintain a lawful status for over 180 days subsequent to his last lawful admission prior to filing for adjustment of status. The Applicant does not contest that his nonimmigrant status expired on July 26, 2015, while his asylum request was pending. He asserts that he was nevertheless maintaining lawful status in the United States after July 2015 because U.S. Citizenship and Immigration Services (USCIS) authorized him to remain and work in the United States until a decision was made on his asylum application. He further argues that he failed to maintain his nonimmigrant status for "technical reasons," because USCIS did not timely act on his asylum request, and that his failure to extend his nonimmigrant status after applying for asylum was through "no fault" of his own. He claims that the exception in section 245(c)(2) of the Act therefore applies in his case and allows him to adjust his status despite not having maintained lawful nonimmigrant status. The Applicant was admitted to the United States on January 27, 2015, as a nonimmigrant visitor (B2) for a six-month period until July 26, 2015. In February 2015, while in B-2 nonimmigrant status, he 2 filed a Form I-589, Application for Asylum and for Withholding of Removal (asylum application). USCIS later authorized the Applicant's employment in the United States based on the pending asylum application, and he began working in November 2015. In May 2016, the Applicant requested that his asylum interview be expedited, but the asylum office denied the request citing lack of resources. In February 2017, the Applicant's employer filed an employment-based immigrant visa petition to classify him as an unskilled worker under section 203(b )(3)(A)(iii) of the Act, 8 U.S.C. § ll 53(b )(3)(A)(iii), and the Applicant concurrently filed the instant Form I-485 to apply to adjust status to that of a lawful permanent resident. In[::::]2017, while the adjustment of status application was pending, the asylum office determined that the Applicant had not established eligibility for asylum and referred his claim to the Immigration Court through issuance of a Form I-862, Notice to Appear (NTA). An Immigration Judge dismissed the removal proceedings in I 12018 on motion of the Department of Homeland Security (DHS). The Director's denial of the adjustment of status application followed. A. Effect of Pending Asylum Application on Lawful Status The Director determined that the Applicant was not in and maintaining lawful immigration status when he filed his adjustment application in February 2017 because his B-2 nonimmigrant status had expired and he had not been granted an extension or change of his nonimmigrant status. The Director further found that a pending asylum application did not create any new "lawful status" within the meaning of section 245(c) of the Act. We agree. The regulation at 8 C.F.R. § 245.l(d)(l) defines "lawful immigration status" as limited to six categories and does not include a pending asylum application as one of the categories. 1 Furthermore, policy guidance issued by the former Immigration and Naturalization Service (INS) has consistently recognized that filing an application for asylum does not continue or extend lawful status for the purposes of section 245(c) of the Act. See Memorandum from Louis D. Crocetti, Associate Commissioner, Policy Clar[fication Regarding the Effect of Filingfor Asylum on Nonimmigrant Status (Apr. 23, 1996) (Crocetti Memorandum). The Crocetti memorandum reaffirmed prior guidance stating that the act of applying for asylum does not have the effect of extending nonimmigrant status and does not confer any type of lawful immigration status upon an applicant. Id. at 1. This interpretation is consistent with regulations governing asylum applications, which prescribe different post-adjudication procedures depending on an applicant's immigration status at the time a decision is rendered. Specifically, 8 C.F.R. § 208.14(c)(l) instructs that if asylum is not granted and the applicant appears deportable under section 237(a) of the Act,2 the asylum officer must refer the application to an Immigration Judge for adjudication in removal proceedings.
  22. Hi, Just as the title suggests, do we send originals of Affidavits or photocopies to USCIS? This is in response to an I-485 RFE we recently received. Family attestations about our shared marital life together. The RFE itself makes no mention of requiring originals, but some Googling has us questioning ourselves. Thank you.
  23. My sons aos was denied (letter will be added) I don’t know what to do from here. I forgot to give in a form in a rfe so they denied. I have the form it is just my genuine mistake. I’m being told to file a i290b for motion to reopen and reconsider And then being told to refile. Someone please help me. (it won’t let me post the picture of the paper)
  24. Hey guys! I just graduated from college in April, and got married to a U.S. citizen in May. Before getting married I submitted an opt i765 late April because everyone else was doing it. Now me and my wife are filing i130 and i485. It’s been more than a month and my opt hasn’t been approved yet (I know it takes 2-3 months). My question is should I wait for my opt to be either approved or rejected before submitting my green card package? Because on my opt I had my status as single, and my status on i485 will be married…. I don’t know if that will be a problem at all. thank you!
  25. Hello everyone, I'm a F-1 student married to a USC, had a question about Employment history for the last 5 years. I worked two different desk jobs at my university during the same time in 2018 but I don't have 2 w-2s for them since it was the same employer (the University). Should I include the 2 jobs separately on my work history and include an explanation at the end or do something else. I'm really confused and any help will be appreciated. Thanks in advance
  • Create New...