3. Checklist for filing I-485
4. Traveling while I-485 is pending
1.What is I-485 and Adjustment of Status Process
Filing I-485 is the last stage in Green card process where the non-immigrant employee may file an I-485 Adjustment of Status application to adjust his or her status from non-immigrant status to permanent resident. If the basis for the I-485 application is employment based, there is generally no interview at your local USCIS office. For most other I-485's application, an interview at your local USCIS office is required for you to answer questions about the application.
2. Eligibility for Applying I-485
Who is eligible: To be eligible the alien employees and their family member should not have violated immigration status. When to apply: The Department of State publishes the visa bulletin each month stating the queue for the employment based green categories. This is available in the following link.
3. Checklist for filing I-485
Each eligible family member must submit the following to the USCIS
* I-485 application form
* Filing fees
* Fingerprint fee for each applicant 14 years of age or older.
* G-325A Biographical Information sheet for applicants 14 years of age or older.
* I-693 Medical Form and Supplement sealed in an envelope by the examining doctor.
* Copy of the I-797 Approval Notice of Form I-140 or filing fee receipt.
* Copies of all Forms I-94, I-797, every page in each passport held by the individual and any other documents relating to their U.S. immigration status
* Letter from the employer giving job title, duties, salary and assurance of continuing employment.
* Copy of applicable biographic documents with certified English translation if not in the English language.
* Employee’s Birth certificate and, where applicable, marriage certificate, divorce certificate and name change certificate.
* Spouse’s Birth certificate and, where applicable, marriage certificate, divorce certificate and name change certificate.
* Children’s Birth or adoption certificate.
* 6 Passport size front face view photographs of each applicant no jewelry that meet USCIS specifications.
* Joint Tax returns & W-2’s for the past years in US.
* Latest Pay stubs.
* Copy of any arrest or conviction record. Your immigration attorney will determine if this will affect eligibility for permanent residence.
* If the employee or a dependent wish to obtain interim employment and/or travel authorization to use in place of the current temporary status, also include.
* Form I-765 Employment Authorization Document with two photos and a clear copy of an identification document such as a drivers license, state ID card, or recent passport ID page and filing fee.
* Form I-131 Advance Parole with two photos and a clear copy of an identification document such as a driver’s license, state ID card, or recent passport ID page and filing fee.
* Filing fees must be included as checks along with the above mentioned documents. Consult with your Immigration Attorney and also Look into the USCIS website for the Filing fees and send the application to the following address.
Employment-Based Applications for I-485
If you are filing for lawful permanent resident status based on an offer of permanent employment in the United States, you should submit your I-485 to:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
This includes an employment-based I-485 if you are filing a Form I-140, Petition for Alien Worker, concurrently with your I-485, or an I-485 filing based on a pending or an approved Form I-140.
Download I-485 form http://www.uscis.gov/files/form/i-485.pdf
4. Traveling While an I-485 Application is Pending
It is very much advisable to consult with your immigartion Attorney if you are traveling outside of the U.S. during the I-485 Adjustment of Status process. Travel documents are granted within approximately three months of application and are valid for one year. With USCIS processing times for the I-485 exceeding one year, renewals of the travel are normally required