Form I-485

L-1 to GC

Question details

I am on L-1 visa until 2015, according to my employer's attorney the I-140 form was already approved, now my employer does not want to continue with the I-485 form process (because they don't want to pay attorney's fees) and will not release any information related to my case, do I have any chance to continue with the GC process by myself? Or will I be facing deportation at the L-1 visa expiration date?

There is no problem with you paying the I-485 fees. But the employer must be involved to the extent that they need to provide a (truthful) letter evidencing continuity of your employment.

Immigrant Petition and R-1 Visa

Question details

I am currently in the U.S. on an R-1 visa. Can I file my immigrant petition and my petition to adjust status to that of permanent resident at the same time?

No. Religious workers are not permitted to file Form I-360 (immigrant petition) concurrently with Form I-485 (petition to adjust status to permanent resident). You must wait until your I-360 is approved before you can file you Form I-485.

Multiple I-140 Approvals and Linking to I-485

Question details

When there are multiple I-140 approvals, how do you link the appropriate approval to the pending I-485 petition?

If an I-485 is already pending, a newly approved I-140 can be linked to it by sending a written request to the USCIS. Include all information and relevant copies to clearly explain the transfer of the I- 485 petition to a different I-140 approval.

I-140 Expedite requests

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What is the process for I-140 expedite requests?

Expedite requests are received through the USCIS NCSC customer service number. In cases of emergency where an AP is required, an INFOPASS appointment will be made possible at the local office. Usually, for expedite issues on I-485 applications for religious workers, the biometrics takes about 14 to 30 days. The lockbox, on the other hand, takes seven to ten days to issue a receipt.

Evidence of Legal Permanent Resident Status

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If a Legal Permanent Resident (LPR) needs proof of LPR status, USCIS provides an ADIT stamp in the passport.This is not done often because the card is usually manufactured and delivered very quickly for newly approved applicants. However, for those in removal proceedings, the ADIT stamp is still needed.For those without passports and for those with expired passports, in the past, USCIS issued the ADIT stamp and a seal on an I-94 card to which a photo of the LPR was attached. Has there been a change to this process?Can an attorney with a G-28 attend with an INFOPASS on behalf of the client for ADIT stamp issuance? Is there any requirement for the client to be physically present?Does it make a difference if the LPR has been ordered by an Immigration Judge to be removed but an Appeal to the Board of Immigration Appeals (BIA) is still pending? (The person is still an LPR until the BIA decision).

There have been no changes to this policy.  USCIS does not issue ADIT stamps routinely as the applicant should be receiving I-551s within several weeks.

Expedited Advanced Parole

Question details

An applicant whose Form I-131 is filed and currently pending at a USCIS Service Center may go to a local office to apply for an expedited Advance Parole in case of an emergency. Have there been any changes to the process in which the applicant presents a copy of the receipts for the I-131 (and the underlying applications), documentation proving the emergency, filing fee, and two photos?

There has been no change to this policy.  USCIS requires documentary evidence of the emergent situation, as well as supporting documentation indicating that the applicant has a pending application.