Update to Form I-485
USCIS recently updated the following form(s):
USCIS recently updated the following form(s):
USCIS recently updated the following form(s):
Discussion Topics, Thursday, 26 January 2017:
FAQ: Traveling after applying for naturalization/citizenship pending; "Retroactive" effect of the new regulations; would H-4 EAD remain valid if I-140 is withdrawn; Serial H-1 transfers with multiple employers - H-1 transfers while another H-1 pending; What types of marriages in foreign countries are considered legal in the USA; Can an I-485 be filed without the help of an employer; FAQ: Impact on H-1 and green card of employer company's bankruptcy; FAQ: Impact of child turning 21 - green card, H-4, F-1; Delay in naturalization; Travel During H-1B Transfer/Extension Pending; Starting a nonprofit organization while on H-1 visa; H-1B expiring, PERM not filed, options; Trump and employment based immigration.
Other: Quota exemption from H-1 because of prior approval; Changing roles impact on PERM green card; Impact on green card of changing jobs; I-131/N-470 for children; etc.
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.
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.
Can an I-485 (Adjustment of Status) application be filed while the applicant is outside the United States?
No. It is required that the applicant be on U.S. soil when the application is submitted. For those applying from outside the United States, Consular Processing would be in order.