USCIS Q&A: Filing a Form I-485, I-765, and I-131 for Refugees and Asylees
USCIS offers a Questions and Answers to clarify issues on filing adjustment applications, work authorization documents, and refugee travel documents for refugees and asylees.
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Guestbook Entry for Sameer Sheth, United States
Name
Sameer Sheth
Country
United States
State
California
SCOPS Updates - 09/23/09
Filing I-824 together with the I-485 - The right thing to do when filing the I-824 is to file both the I-824 together with the I-485 or wait till the I-485 is approved. USCIS identifies the reasons as to why an I-824 is interfiled. However an I-824 should not be rejected or denied only because it is interfiled and the I-485 is not yet approved.
Note: If an I-824 is interfiled, it may not be approved at the same time as the I-485 and the I-485 processing times will apply.
USCIS Q&A on Pending Employment-Based Form I-485 Inventory
NOTE: The questions/answers below refer to the attachment. Please open the attachment and then read this article.
Q: Why is the wait so long for my employment-based green card?
Guestbook Entry for A. Ahluwalia, United States
Name
A. Ahluwalia
Country
United States
State
IL
Guestbook Entry for Siddhartha Nandi , United States
Name
Siddhartha Nandi
Country
United States
State
SC
I-485 (EAD, AP, FP)
Aliens who are physically present in the United States already are allowed to immigrate without leaving the United States to apply for an immigrant visa. This process is called Adjustment of Status (AOS). The USCIS will permit an application for AOS to be filed only if an immigrant visa is immediately available to the alien. Section 245(a) of the Immigration and Nationality Act (INA) governs the general AOS provisions.
Green Card
Immigration Law
Inheritance of Earlier Priority Date Permits Beneficiary to Obtain Permanent Residence Quickly
Indian-born client had I-140 Approved and I-485 filed through first Labor Certification case under EB3 with a 2003 Priority Date. He also filed an I-140 under EB2 with a Priority Date of 2006. Rajiv advised to file I-485 through 2nd Labor Certification, requesting Service to permit inheritance of the 2003 Priority Date to have a current I-485 case. Based upon the 2nd I-485 being filed and the EB2 category request, the client obtained his Permanent Residency 1.5 months after filing the 2nd I-485.
Green Card
Cross Chargeability Based on Marriage to Canadian Spouse Permits Beneficiary to Obtain Permanent Residence Quickly
Indian-born client had I-140 approved under Category EB2 with Priority Date of 2003 and a pending I-485 case affected by retrogression. The client married a foreign spouse while I-485 was pending. The new spouse was born in Canada, a country not affected by retrogression in the client's category. We filed the I-485 for the new spouse and a request for cross-chargeability for the main applicant. The client's I-485 was approved 3 months after request for I-485 cross-chargeability and the spouse was approved 5 months after the I-485 filing.
Green Card
I-485 RFEs Based Upon Location of Applicant
We received I-485 RFE's for multiple pending clients where the sponsoring employer is located in State A and the applicant is living in State B. In such cases, USCIS requests justification for the discrepancy in locations. Citing to various section of pertinent legal code in our RFE responses, many I-485 applications have been approved within 60 days of RFE response submission.