If you don't wish to rely on friends and relatives, the U.S. citizen sponsor (or the immigrant, if already living in the United States with a legal right to work), might have to find an additional job or a job with better pay and benefits. Obviously, improving one's financial situation will not be easy. It could mean a long job search, moving to another city, dropping out of school for a while, or giving up enjoyable work or time with the children.
But here's the reason this advice isn't totally crazy: After you are approved for your green card, there is no obligation that you or your spouse stay with the new job. USCIS will not send inspectors to your or your spouse’s workplace or check up on you. If you and your family can survive on less than the U.S. government thinks is possible, that’s your choice—so long as you do not receive need-based government assistance (go on "welfare") for the first five years after green card approval. (See What Public Benefits Can a Green Card Holder Receive?)
The way U.S. immigration law works, you likely wouldn’t face any repercussions for post-approval reductions in your family’s income until and unless the immigrant tried to apply for need-based public assistance. The immigrant would probably be denied the benefits—or forced to pay them back later.
If you don’t find out until the visa or green card interview that the case cannot be approved without showing more financial support, you might be given a time limit within which to send in new evidence. The time limit could approach all too quickly while the sponsor looks for a better job, health insurance, or other source of family support. If the deadline is about to arrive and you have nothing new to show, at least send a letter saying that you are still interested in pursuing the green card application. Ask for more time to provide the requested documents and evidence.
If both of you are living in the United States, it is especially important to send such a letter, because once USCIS denies the application, it will transfer the case to the immigration court for removal proceedings (if the immigrant doesn't have a legal status that remains valid, for instance an unexpired I-94 based on a visa).
The consulates and USCIS will typically give a total of six months to a year after the green card interview before declaring the application dead. You would then have to start over if still interested in pursuing a green card.
The household member would agree to support the immigrant by signing a supplemental Form I-864A. One nice thing about using a household member’s income is that it has to be only enough to make up the shortfall in the main sponsor’s income.
However, the potential household joint sponsors should realize that if for any reason the main sponsor doesn’t support the immigrant, the joint sponsors can be made to provide the full support amount. (The form itself supposedly warns the signer with the following legal jargon: “I, the Household Member, … Agree to be jointly and severally liable for payment of any and all obligations owed by the sponsor ….”) It's a serious and long-term obligation (usually up to ten years), which some household members might reasonably refuse to take on.
If no one in the sponsor’s household can help boost the sponsor’s income and assets, you can look for a joint sponsor outside the household. Each joint sponsor needs to meet the basic sponsorship requirements. An independent joint sponsor must also be pretty well off financially.
Unlike household joint sponsors, joint sponsors who live outside the household will need to earn enough to cover the entire Poverty Guidelines minimum requirement for their own household and for the incoming immigrant or immigrants (if, for example, children will also be coming). The joint sponsor cannot simply make up the main sponsor’s shortfall. It is as though they were the sole sponsor.
In fact, they must sign a separate Form I-864 Affidavit of Support. Like the household joint sponsor, an independent sponsor can be held 100% responsible for supporting the immigrant.
If there is more than one incoming immigrant, there can be up to two joint sponsors. This can be helpful, for example, where the incoming immigrants include an adult and two children, and neither of the joint sponsors earn enough to meet the minimum Poverty Guidelines for all three immigrants. As long as one of these joint sponsors earns enough to meet the Poverty Guidelines minimum for one immigrant, and the other joint sponsor earns enough to meet the Poverty Guidelines minimum for the other two immigrants, the I-864 requirements are met.
Although independent joint sponsors must meet the entire Poverty Guidelines minimum on their own, they at least will not be responsible for supporting people in the immigrant’s household other than the immigrant(s). To meet the Poverty Guidelines requirements as a joint sponsor, don’t just add up the number of people in the two households. Instead, add only the number of people in the joint sponsor’s household plus the number of new immigrants.
Technically, a U.S. job offer for the immigrant is not supposed to count when U.S. immigration authorities assess the U.S. sponsor’s ability to support the immigrant (as well as members of her own household) at a level that meets the 125% of Poverty Guidelines minimum (or 100% for active military members).
All that said, if an immigrant who is living overseas does receive a job offer with a set salary in the United States, it's a good idea to provide documentation of this during the application process. If your case is on the edge, it might tip the decision maker toward recognizing that the immigrant is truly unlikely to become a public charge, and then approving the immigrant visa or green card rather than demanding more documentation or an additional sponsor.
If the immigrant is already in the United States, for example on a K-1 fiancé visa, then the sooner they can obtain a job and begin working, the better. Of course, this can't be done legally without a work permit, which in the case of a K-1 visa holder you likely won't be able to obtain before marrying and turning in the adjustment of status application. But it's okay to bring proof of new income sources such as this to the green card interview at the USCIS office.
Given the challenges of your situation, you could make your life easier by hiring an experienced immigration attorney to handle your family visa case. Although it's an added expense, the attorney can analyze the facts of your situation and spot any potential ways to make the income situation look better, prepare the paperwork, and monitor the progress toward approval. This can save you delays and setbacks.
]]>Even if you yourself aren't sponsoring the intending immigrant, you might also be asked to sign a Form I-864 for a U.S. friend or relative who is doing so, as a joint sponsor. That would happen in a situation where the main sponsor does not earn enough to support the immigrant alone.
Here, we'll take a look at the legal implications of signing and submitting the Form I-864 Affidavit of Support. Doing so is a serious and long-term obligation, which should not be done lightly or with anything less than full trust in the immigrant's intentions. Also try to read all the instructions that come with the form.
The idea behind this form is to provide assurance to the U.S. government that the immigrant will not end up needing government-provided assistance owing to low income; in other words, that they won't become a "public charge." Likelihood of becoming a public charge is a ground of inadmissibility, meaning that it can lead to denial of one's green card application.
If you are the immigrant's main sponsor, you might not have to fill out the long version of the Form I-864. Some sponsors get to use a considerably simpler Form I-864EZ.
If you are sponsoring only one immigrant, all your income comes from earnings or a retirement plan are shown on a W-2, and your income alone is enough to satisfy the required Poverty Guidelines levels, be sure to use this easier form! (For information on how much income the U.S. petitioner will need to show, see How Much Income an Immigrant's Sponsor Needs to Show According to the Poverty Guidelines.)
The Form I-864 Affidavit of Support is a legally enforceable contract, meaning that either a governmental agency or the sponsored immigrant can take the sponsor to court if the sponsor/petitioner fails to provide adequate support to the immigrant. In fact, the law places more obligations on the sponsor than on the immigrant—the immigrant could decide to quit a job and sue the sponsor for support.
When a government agency sues the sponsor, it can collect enough money to reimburse any public benefits paid to the immigrant. When an immigrant sues, they can collect enough money to bring their income up to 125% of the amount listed in the U.S. government’s Poverty Guidelines (as shown in the chart in Form I-864P).
The sponsor’s responsibility lasts until the immigrant becomes a U.S. citizen, has earned 40 work quarters credited toward Social Security (a work quarter is about three months, so this means about ten years of work), dies, or permanently leaves the United States. If the immigrant has already been living in the U.S. and earned work credits before applying for the green card, those count toward the 40.
In fact, in marriage-based cases, work done by the U.S. petitioning spouse during the marriage can be counted toward these 40 quarters.
CAUTION
A sponsor in a marriage-based case remains legally obligated even after a divorce. Yes, a divorced immigrant spouse could decide to sit on a couch all day and sue the former spouse for support. (See Does I-864 Really Force Me to Support Immigrant Ex-Spouse Who Has Plenty of Money or Can Work?) The sponsor might wish to have the immigrant sign a separate contract agreeing not to do this, but it is not clear whether courts would enforce such a contract.
Even a bankruptcy does not necessarily end your I-864 obligations. Although most debts and contractual obligations are dischargeable in bankruptcy, so-called “domestic support obligations” are an exception. Such obligations are defined as alimony, maintenance, or support owed to or recoverable by one’s spouse, former spouse, or child. Under U.S. court decisions—for now—these also include I-864 support obligations.
The person petitioning the immigrant and any additional financial sponsor(s) must meet three requirements to serve in this role. Each sponsor must be:
As a practical matter, of course, the sponsor will have to be doing well financially to get the immigrant approved for a green card. Even if the sponsor’s income and assets are lower than the Poverty Guidelines demand, however, the sponsor must sign an Affidavit of Support. But in a case of low income, the sponsor will have to look for additional sponsors to help the foreign-born person immigrate.
Alternatively, sponsor might be able to bring their income up to the required level—rather than rely on a joint sponsor—by adding the would-be immigrant’s income to their own. This is only possible, however, if the would-be immigrant’s income will continue from the same source after getting the green card.
If both the sponsor and the would-be immigrant are presently living overseas, the U.S. consulate will require that the sponsor show either that this is a temporary absence and that the sponsor has maintained ties to the U.S., or that the sponsor intends to reestablish domicile in the U.S. no later than the date that the immigrant is admitted as a permanent resident.
Some of the ways the sponsor can show having maintained ties to the U.S. include having paid state or local taxes, kept U.S. bank accounts, kept a permanent U.S. mailing address, or voted in U.S. elections.
Sponsors of immigrants who try to run away from their support obligations will face fines. The U.S. government has anticipated that some sponsors might try to escape their financial obligation by simply moving and leaving no forwarding address. That’s why the law says that the sponsor must report a new address to USCIS on Form I-865 within 30 days of moving.
A sponsor who does not comply faces fines of between $250 and $2,000; or $5,000 if the sponsor knows the immigrant has collected need-based public benefits.
You might ultimately wish to consult with or hire an experienced immigration attorney to clarify the sponsor's role and extent of financial risk.
The purpose of the Affidavit of Support (which is issued by U.S. Citizenship and Immigration Services (USCIS) and available on the I-864 page of its website) is to help assure the U.S. government that the immigrant is not inadmissible as someone likely to become a public charge. In other words, the immigrant will not need to receive need-based government assistance, often called "welfare." The Affidavit represents the petitioner/sponsor's promise to support the immigrant financially for a period of years, so that the immigrant will not need such help; or at least to pay back (reimburse) any government agencies from which the immigrant does claim financial assistance.
Nevertheless, the law makes a few applicants exempt from the Affidavit of Support requirement. They do not need to submit a Form I-864 at all. We'll review those exceptions here, which include ones based on:
Immigrants who are exempt from the I-864 requirement include those who have either:
The concept is that a financial sponsor’s responsibility lasts until the immigrant has (among other possibilities) earned 40 work quarters credited toward Social Security. A work quarter is approximately three months, but it depends partly on how high your earnings and the minimum amount for the year in question. To check your earnings record, go to the create an account page of the SSA website.
If you have already reached the 40 quarters on your own, through lawful employment (perhaps while in the U.S. as a student or H-1B worker), there is no need for the U.S. sponsor to fill out an Affidavit of Support for you. In some cases, even someone who worked in the U.S. illegally can claim that time toward the 40 quarters.
In an interesting twist, the immigrant can be credited for work done by the U.S. spouse during their marriage, or by a U.S. parent while the immigrant was under the age of 18. And because a combination is okay, you could show that the immigrant earned 20 credits and the U.S. spouse earned another 20 during the time period that they were married, or any combination that gets you to at least 40.
Under the Child Citizenship Act (CCA), certain immigrant children will become U.S. citizens automatically, as soon as they become U.S. permanent residents. This is called "derivation" of citizenship. Such applicants do not need an I-864 Affidavit of Support to be filed for them. There is no need to file documentary proof of eligibility under this category. They will still, however, need to clear the public charge hurdle.
Widows and widowers of U.S. citizens may, regardless of the duration of their marriage, self-petition for or continue with their application for U.S. residence, so long as they do so within the two years of the U.S. citizen's death and do not remarry. They will not need to submit an I-864 Affidavit of Support. They will still, however, need to clear the public charge hurdle.
Their approved Form I-360 will be sufficient proof of their I-864 exemption. If the deceased U.S. citizen filed an I-130 petition before the death, it converts to an I-360 automatically, though the immigrant will need to advise USCIS of the death first.
Abused or battered spouses or children self-petitioning for U.S. green card under the Violence Against Women Act (VAWA) are also exempt from the I-864 Affidavit of Support requirement. Their approved Form I-360 will be sufficient proof of their exemption. They will still, however, need to clear the public charge hurdle.
You'll need to explain to USCIS why you are exempt, within other paperwork that you fill out while immigrating. The easiest way to do this is by using Form I-864W. If claiming the work-based exemption, you will also have to prove how many quarters of work your spouse or you has done by going to the Social Security website and creating an account. And in other cases, be alert to what documents USCIS will need to see in order to accept your explanation.
If you're having trouble figuring out the immigration requirements, or want help with the paperwork or other aspects of the process, hiring an experienced immigration attorney can be well worth it.
]]>But their eligibility hinges on being able to prove that lawful entry, which can be challenging for some. Here, we'll discuss how to overcome that challenge.
Most would-be immigrants to the U.S. must, even if already living in the U.S., complete the last portion of their green card application through a U.S. consulate in their home country. There, they attend an interview and are given an "immigrant visa" to the U.S., which basically turns into lawful permanent or conditional residence upon arrival. (The actual green card is sent by USCIS some weeks later.)
This is more convenient for many, no question. However, there's a bigger concern at stake: The ability to adjust status in the U.S. means, for some immigrants living here, the difference between being able to successfully apply for a green card or not. The reason is that they have become inadmissible by living in the U.S. illegally, having accrued 180 days or more of what's legally termed “unlawful presence” (described in Consequences of Unlawful Presence in the U.S.: Three- and Ten-Year Time Bars). Because of this inadmissibility problem, their departure from the U.S. could result in a time bar upon return, for either three or ten years, depending on the length of the unlawful stay.
Although the law provides a waiver of unlawful presence in cases where the foreign national can demonstrate the extreme hardship that qualifying family members if their immigrant visa and return to the U.S. were denied, it's not easy to qualify for.
As a result, for many applicants for permanent residence who have lived in the U.S. without permission, it's critically important to try to adjust status. Fortunately, even after an overstay of their visa or permitted time in the U.S., applicants in the "immediate relative" category can do just that; again, provided they can prove having made a lawful entry.
As you will see on the instructions for the green card application (Form I-485 being the primary form), you are expected to include proof of "Inspection and Admission or Inspection and Parole" with your application.
For most people, this means a copy of their stamped passport pages and U.S. entry visa. It also includes what's known as a Form I-94 Arrival-Departure Record, which was at one time a small card physically placed in one's passport by border officials, though it's now simply information entered into a Customs and Border Protection (CBP) database, and accessible to you there.
The I-485 instructions warn that, "If you cannot produce this primary evidence, and DHS has no record of the admission or parole, USCIS will presume that you came into the United States without admission or parole."
You wouldn't be the first to lack evidence of your lawful U.S. entry. For example, some children never had their own visa, but were named on a parent's B-2 tourist visa, which document was lost after the passage of time and possibly the death of the parent. Or, you might have had your own documents, but had these lost or stolen. Or a border guard might have spoken to you and then waved you through, without asking to see documents.
You are not necessarily out of luck in any of these situations, but it will take some creativity to come up with secondary evidence proving your legal entry.
Your first step should be to do a Freedom of Information Act (FOIA) request, which essentially asks the U.S. government for a copy of your immigration file. (Go to How to Get a Copy of Your Immigration File (FOIA Requests).) This might yield copies of your visa and I-94. If it doesn’t, your next step depends on when you entered the United States.
If your entry was after April 2013, then you probably didn’t receive a paper I-94, but were entered into a computer database. As mentioned, getting a copy of your I-94 (which should be sufficient to prove your lawful entry) is a simple matter of visiting the Customs and Border protection website.
If you entered the U.S. before April of 2013, then you likely received a paper I-94. You will need to ask for a replacement, by filling out U.S. Citizenship and Immigration Services Form I-102 and paying a fee. Submit this request by mail, following the instructions on the USCIS website.
If your passport and similar documents were stolen, it would also be a good idea to include a copy of any police report that you filed, to help explain why you don’t have the originals.
The Social Security Administration (SSA) doesn't give out Social Security numbers (SSN) to just anyone. It requires proof of lawful immigration status, which in many cases indicates a lawful entry. If you do, in fact, have a valid SSN, try submitting a FOIA request to the SSA to obtain copies of your file, including records of what you submitted. You might also need to provide evidence of SSA's requirements for approval at the time you applied. (This is getting complicated enough that hiring a lawyer might be well worth it.)
And if there are other government agencies that provided you services or benefits based on your proof of lawful status, you might gain useful forms of proof by requesting copies of their files on you, as well.
If none of the above works, think about alternative and possibly "home-grown" forms of proof.
If, for example, you arrived legally as a young person, along with your parents, you might be able to find evidence of their and your physical manner of entry into the United States. It’s probably a long shot, but if you arrived by plane, might you by chance have a copy of the tickets your family traveled on, or other receipts from your travel to the United States? (It’s nearly impossible for an undocumented person to arrive in the U.S. by air, after all.) Do you know who picked your family up at the airport? Would that person be willing to sign an affidavit swearing to those facts?
You might also look into whether any lawyers were involved in your or your parents’ obtaining the U.S. entry visa. There’s a chance the lawyer would still have your records on file.
Finally (and as a last resort, because personal statements are considered less convincing than other forms of evidence), if anyone else was close enough to you or your family to know details of your mode of entry to the United States, that person could write a sworn declaration or affidavit explaining this. You can prepare your own statement as well, including plenty of detail so as to be convincing. At least two such affidavits would be optimal.
Although it is important to think carefully about the possible types of evidence you might show to prove your lawful U.S. entry, it would also be worth hiring an experienced attorney. to help you with this application. Your success with filing and gaining approval of the adjustment of status application depends on pulling all the evidence together in a convincing fashion.
]]>The answer would normally be "no." Someone who simply leaves the U.S. while an immigration application is pending risks forfeiting it altogether; U.S. Citizenship and Immigration Services (USCIS) could think the applicant has lost interest, and close the file altogether. However, there's a simple way around this: You can, before leaving the United States, obtain permission from USCIS to reenter the country, which also makes sure USCIS will keep your file open and your residency application (Form I-485, Application to Register Permanent Residence or Adjust Status) active.
To obtain this permission, you will need to file an application for what's called "advance parole," using Form I-131, Application for Travel Document. Ideally, you will have filed the I-131 at the same time that you initially filed Form I-485, thus avoiding any delays in USCIS processing your travel document. But the I-131 can also be filed later than the I-485.
Read on for practical advice about the benefits of applying for advance parole and detailed instructions on how to prepare Form I-131 as an adjustment-of-status applicant.
If you are an applicant for adjustment of status (a green card), you will likely find that many months pass between the time you file your application for residency with USCIS and the agency’s decision on your application. During this time, you should spend most of your time in the U.S., so that you can appear for a biometrics (fingerprinting) appointment, your in-person interview at a USCIS office (required in most cases), and to receive any requests for evidence (RFEs) that USCIS might send you.
Nevertheless, you might need to travel abroad before you get your green card. To plan ahead for this possibility, file Form I-131 at the same time you apply for permanent residency. (It's also smart to submit a Form I-765, Application for an Employment Authorization Document, in case you would like to work or show a U.S. photo id card before your residency application is approved.)
You must remain in the U.S. until your advance parole is approved and your travel document is mailed to you. Again, USCIS will cancel your adjustment of status application if you leave before advance parole is issued.
Advance parole and Form I-131 are not just for adjustment of status applicants. Persons with other types of status in the U.S. sometimes need advance parole, and Form I-131 is also used for seeking reentry permits and refugee travel documents. Don't be confused by irrelevant questions on the form! This article focuses on advance parole for adjustment applicants only.
Even with an advance parole document, you can still be denied U.S. reentry at the discretion of Customs and Border Protection (CBP). This was, in the past, a particular problem for people who had been unlawfully present in the U.S. for 180 days or more; and it remains a problem for anyone who is inadmissible for some other reason. (For more on the grounds of inadmissibility that can railroad your attempts to reenter the U.S., see Inadmissibility: When the U.S. Can Keep You Out.)
If you think you might be inadmissible, check with an immigration attorney before you leave the country.
The good news regarding unlawful presence, however, is that the Board of Immigration Appeals (B.I.A..) ruled in Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (B.I.A. 2012), that people with a pending permanent residency application who leave the U.S. with advance parole do not trigger the three– and ten-year unlawful presence bars. USCIS has agreed to follow the BIA’s decision.
Much of Form I-131 is self-explanatory. Here, we provide guidance for some of the more confusing aspects of the application for adjustment of status applicants.
Form I-131, the instructions, and the latest filing fees are available on the I-131 page of the USCIS website. This article discusses version 06/06/23 E.
The best way to fill out the I-131 form is on your computer. If you are going to be writing on the form, use black ink.
If the form doesn’t provide enough space to fit your answer to a question, you will need to staple a continuation sheet to the end of the form. On the top of each continuation sheet, write your name and, if you have one, your Alien Registration Number (“A” Number). Indicate which part and item number you are providing additional information for. At the bottom of each sheet, sign your name and put the date you signed it.
Sometimes a question just doesn’t apply to you or your situation. If that’s the case, it's best not to leave the space blank. Instead, type N/A in the box. If the form won’t let you type N/A, write it in by hand.
Part 1, “Information About You”: In this section, you will provide your basic personal information. Provide the address of where you actually live—not your mailing address—in Questions 2.a. through 2.i. Question 6 asks for your "class of admission," which you can find on the visa you used the last time you entered the United States. For example, if you came to the U.S. originally as a temporary visitor for business, you should write “B-1.” If you have no class of admission, like if you crossed the U.S. border without inspection, you can type N/A and perhaps an explanation like “entered without inspection.” (But in that case, doublecheck with an attorney that you are truly eligible to adjust status in the United States; it's unlikely.) For Question 9, you might not have a Social Security Number (SSN) yet (or a valid one). Leave this blank if you have no valid SSN.
Part 2, “Application Type”: Check box 1.d (assuming you are still in the U.S.). Do not check any other box. You do not have to fill in any other box in Part 2.
Part 3, “Processing Information”: If you know your date of departure and how long the trip will last, include that information in the boxes for Questions 1 and 2. If you do not already have a trip planned, don’t worry about it—USCIS does not require you to know exactly when in advance. You can write something like “TBD” (“to be determined”) in the boxes. Question 3.a. asks whether you are in exclusion, deportation, removal, or rescission proceedings (meaning that you have been called into immigration court for a hearing to decide whether you should be removed from the U.S.). Note that you must check “No” here in order to be eligible for an advance parole document; see a lawyer if the true answer is "yes." After answering question 4 of Part 3, you can skip to Part 7.
Leave Parts 4, 5, and 6 blank.
Part 7, “Complete Only If Applying for Advance Parole”: You are asked to attach documents to prove that you qualify for an advance parole document. If you have already submitted your application for a green card, include a copy of the USCIS receipt notice from your pending application. (If you are submitting this at the same time as an adjustment of status application, USCIS will be easily able to tell that this is your basis for eligibility, so there's no need to attach anything extra.)
For Question 1, it's wise to check “More than one trip” even if you only plan on leaving the U.S. once. This way you will be issued a multiple entry document, which is useful in case you need to make an additional trip outside the United States. You can leave the boxes for Questions 2, 3, and 4 blank, because you are not outside the United States.
Skip Part 8.
Part 9, “Signature of Applicant”: Make sure to sign and date your application and provide a phone number where you can be reached. USCIS will reject your form if your signature is not on it.
Part 10, “Information About Person Who Prepared This Application, If Other Than the Applicant”: This section needs to be filled out only if someone else prepared your application, like an attorney. Otherwise leave it blank.
Make a copy of the entire application package for your records and send the application to the address that applies to you on the USCIS webpage containing the filing addresses for Form I-131. The address to which you will send your application depends on whether you are filing it with Form I-485 or on its own. If you’re filing it after the I-485, the address depends on which USCIS office is handling your I-485. You’ll know by the receipt number on the Form I-797C Notice of Action you got from USCIS when you filed your I-485.
Here are the items you will need to include with your Form I-131:
It's not uncommon to wait several months or over a year to get a decision from USCIS on an advance parole application. To find out the typical wait time in your geographical area, check USCIS's Check Case Processing Times page. Under "Form" choose Form I-131, then under "Form category" choose Advance parole, then under "Field Office or Service Center" choose the Service Center to which you sent your adjustment of status packet and press the "Get processing time" button.
Because of USCIS backlogs, it's possible an urgent need for you to travel outside the United States will arise before you receive your I-131 decision and travel document. Fortunately, you can request what's called "expedited processing," either for a newly filed or an already pending I-131 application. USCIS isn't guaranteed to grant such requests, but it considers each one individually.
USCIS's criteria for agreeing to hurry up its decision include, according to the USCIS Policy Manual, a "pressing or critical need" to travel, such as:
These examples aren't the only possibilities; you can make other arguments, depending on circumstance. You'll definitely need to document the urgent need, however, such as with doctor reports, conference invitations, and the like.
If you're running into difficulties or encounter questions you can't answer, seek help from an experienced immigration attorney.
]]>The required forms and documents for adjusting status are far different, however, from those used by immigrants coming from overseas. Applicants from abroad must first obtain a U.S. entry visa from the U.S. Department of State before entering the U.S. to claim their permanent residence and a green card.
This article looks at what’s involved in applying directly to U.S. Citizenship and Immigration Services (USCIS).
There are two big questions to answer before going ahead with your adjustment of status application:
First, understand that only people who are “immediate relatives” (spouses, parents, or minor children of U.S. citizens) or have an immigrant visa immediately available to them in the family or employment immigration category, which often comes with a long wait for their “priority date” to become current, can proceed with the adjustment application.
Second, simply living in the U.S. isn’t necessarily enough to make someone legally eligible to adjust status there. It's a particular problem if the person entered without permission, in which case the chances of being allowed to use this procedure are slim. See Who Can Apply for a Green Card Through Adjustment of Status.
While immigrants coming to the U.S. from overseas interact mostly with the U.S. State Department, those within the U.S. must submit their adjustment of status application to U.S. Citizenship and Immigration Services (USCIS). This is done via mail to a central processing facility. You will never go in person to that particular office.
You will, however, need to attend an appointment at a local processing office, after USCIS has received and begun processing your application. This is for having your biometrics (fingerprints and so on) taken. You will probably also be required to attend an interview at a local USCIS district office.
Exactly what forms and documents you must submit depends on what category you are applying in. The required packet usually consists of some combination of the following:
Make a complete copy of every form, document, photo, and check or money order in your packet, for your records. Government agencies have a tendency to lose things, and you might be called upon to prove that you actually submitted something.
Send your completed packet to the address listed on the I-485 page of the USCIS website. Notice that the address is slightly different if you use a courier service (like FedEx) rather than the U.S. Postal Service.
Whatever service you use, make sure to ask for a return receipt or similar tracking, so that you will have proof that it got there.
Once USCIS has received and accepted your adjustment of status packet for processing, it will put you on its waiting list for an interview. The agency will send you paper receipt notices—one for your I-485, and one each for your I-130, I-765, and I-131, if you filed those applications at the same time.
These receipts are important. Make several photocopies and store them in secure places. Among other things, they will contain the immigrant's A-number, which becomes necessary when you have to correspond with USCIS about the case.
Not long after getting your receipts, you should receive an Application Support Center (ASC) Appointment Notice. The notice will schedule you for your biometrics appointment. The photo and signature taken during this appointment are used to create your work permit and Advance Parole travel document, if you requested those. Your fingerprints are taken for security checks.
The work permit you receive will be good for one year. Once your case is approved by USCIS and you become a permanent resident, you will no longer need a work permit. Your right to work will be evidenced by your permanent resident card. In case your application is delayed for some reason, however, you can renew the work permit for one-year periods for as long as you are waiting for a decision on your adjustment of status application.
Finally, you are likely to be called in for an interview at your local USCIS office (though interviews are waived in some cases, usually the most straightforward ones).
Your green card should, if all goes well, be approved at this interview or soon after. The actual card should arrive by mail some weeks later.
An experienced attorney can be a big help with preparing the adjustment of status paperwork (forms and documents), making sure your case doesn't present legal issues, and keeping the case on track to a successful conclusion.
]]>The information on this form all refers to the person who will get the green card, which we will assume is you, the reader. This form does not ask for any information about your petitioner or financial sponsor.
Form I-485 is available for free download on the Form I-485 page of the USCIS website. This article discusses the version of the form dated 02/21/23. Be sure to always use the latest version of the form when submitting to USCIS, or the agency might reject your application.
Note: Our instructions below cover only some of the complicated questions regarding how to fill out the form itself. For broader information on whether you are eligible for a green card and the various steps involved in the application process, see How to Get a Green Card.
You can fill in Form I-485 on your computer, and that’s the best way to do it. If you need to fill it in by hand, print legibly and use black ink. Signatures must be by hand, in ink—do not type your name or use a stamp where it asks for a signature.
You might come across a question on the form that doesn’t apply to you, or for which the answer is "none." For example, Part 1 asks for your middle name, and you might not have one. It's usually best to enter "N/A" or "None" in situations like these, otherwise USCIS might send the form back to you.
If you need extra space to completely answer a question, use Part 14, at the end of the form (which you can photocopy to make extra pages of, if needed). Take extra care to include your name, Alien Registration number (if you have one), and so on, in case this page gets separated from the rest of the form.
Here are tips on how to answer some of the less self-explanatory sections of this form.
Part 1. Information About You (Person applying for lawful permanent residence)
For Your Current Legal Name, use the name that appears on your passport, unless you have since changed it since, for example by marriage or court order. Also supply other names that might appear on any of your paperwork.
Under Other Information About You, you might or might not have an Alien Registration Number; probably not, if you're still living outside the United States. It's given mostly to people whom USCIS or Immigration and Customs Enforcement (ICE) opened a file for because they applied for lawful permanent residence in the U.S., requested work permits while on F-1 student visas, or been placed into deportation (removal) proceedings.
As for the USCIS Online Account Number, you would have one only if you registered for this system in order to submit a previous application.
Under "U.S. Mailing Address," provide an address where USCIS can send mail to you. The "In Care Of" line is only for people who have asked others to receive mail for them—enter the name of the person who lives at the address if this is the case. Notice that there's an "Alternate and/or Safe Mailing Address" section option for people applying for a green card based on being in an abusive or dangerous situation.
Under Social Security Card, if you have a valid Social Security number (SSN) from the Social Security Administration (SSA), check enter the number here. If you don't yet have a number, filling in the rest of this section lets you apply for one; or for a replacement card (appropriate if the one you have shows limitations based on your nonimmigrant status).
Under Recent Immigration History, where it asks about Place of Last Arrival into the United States, USCIS is looking for the place where you spoke to the CBP officer. (This would be the first airport where you landed on your most recent arrival, if you came by plane.) If you can’t remember, this information can be found by clicking the Get Travel History button on the I-94 website. Date of Last Arrival refers to your most recent U.S. entry from abroad. You might find that date stamped in your passport.
The I-485 form then asks a number of questions about your most recent U.S. entry. Part of the intention here is to make sure you entered legally; in most cases, someone who entered without permission is not eligible to use Adjustment of Status as a procedure by which to get a green card (and will instead have to do what's called "consular processing," at a U.S. consulate or embassy in their home country). There are gray areas, however. For instance, someone who didn't individually show U.S. entry documents, but was "waved through" at the border (perhaps in a car full of people) will be considered to have made a legal entry, if they can convincingly prove this happened.
You'll need to provide your Expiration Date of Authorized Stay Shown on I-94, that is, the date your status in the U.S. will expire. This is almost always different from the date your visa expires. (See I-94 Date vs. U.S. Visa Expiration Date.) Form I-94 is issued by U.S. Customs and Border Protection (CBP). If you came before April 30, 2013, you will probably find a white I-94 card stapled in your passport. If you came after April 30, 2013 by sea or by air, you were most likely not given an I-94 card. You’ll have to get your I-94 number online at CBP’s I-94 retrieval website. Have your passport number ready.
Some people, mostly students and exchange program visitors, won't see an exact expiration date on their I-94—they are here for the “duration of status,” noted by “D/S” on the I-94. If this applies to you, enter “D/S” in the answer box.
Where Form I-485 asks about your Status on Form I-94 when you last arrived, if you entered using a visa, the status is likely a combination of a letter and a number, such as F-1 (student), H-1B (if you're here as a temporary specialty worker, or B-2 (visitor for pleasure). Otherwise, or if you have no visa, describe your status with a term like “student,” “visitor,” “asylee,” or "EWI" for "entered without inspection." (But again, if you entered EWI, it's doubtful you have a right to adjust status in the U.S.; see an attorney.) If you’ve changed your immigration status since the last time you entered the U.S., for example gone from F-1 student to H-1B worker, enter the newer status you have now.
In the following question regarding current immigration status, you will want to repeat the same I-94 status code if its expiration date hasn't passed. Or, if that date has passed and you haven't obtained a new status, indicate that by entering “overstay” or "OOS" (out of status). Again, this means you might not be eligible to adjust status unless you are the immediate relative of a U.S. citizen; see a lawyer to be sure. And you might need to enter “EWI” if you crossed the border illegally but somehow became eligible to use the adjustment of status procedure (unlikely).
Part 2. Application Type or Filing Category
Put an “X” in the box that applies to you. For example, you would choose a box with section 1.a if you are applying through family and are either an immediate relative or a preference relative with a current Priority Date and a right to use the adjustment of status procedure; and within 1.b if an employer has petitioned for you; and so on.
With regard to Question 2, it's doubtful that you are applying based on the Immigration and Nationality Act (I.N.A.) Section 245(i); that's only for people to whom some very old laws apply, allowing them to pay a penalty fee in order to adjust status despite their illegal entry to the United States.
In the section called Information About Your Immigrant Category, the first thing to understand is the difference between a "principal" and "derivative" applicant. The principal is literally the main person mentioned on a visa petition. A derivative is someone who didn't need a separate visa petition, but who was named in, and is riding on, another person's petition (probably that of a parent or spouse).
The "underlying petition" asked about is your I-130, I-140, I-360, I-526, I-918, or other petition a sponsor filed for you. You're looking for the receipt number that USCIS put on its I-797 approval notice. But if you're filing your petition at the same time as the I-485 (a few categories of people, such as spouses of U.S. citizens who entered the U.S. lawfully, are allowed to do this concurrent filing), leave this blank.
In Question 4, your Priority Date from Underlying Petition (if you're not in a category where visas were immediately available, such as immediate relative) will be found on your USCIS approval notice, indicating the exact date when the petition was first filed on your behalf (or by you).
Part 3. Additional Information About You
Most of this part should be self-explanatory.
If you have applied for an immigrant visa (for permanent residency) at a U.S. consulate overseas any time in the past, check the “yes” box in Question 1. You'll then need to say where and when you applied, and what happened. The decision was either approved, denied, refused, or withdrawn (by you). There is no need to explain why this decision was made on this form.
Under Address History, this is meant to supply information for background checks. Fill it out as completely as you can, and go to Part 14 of the form to enter any addresses that won't fit here. The question about your "most recent address outside the United States" (Question 9) is meant to cover situations where someone has lived in the U.S. for a number of years. If that doesn't describe you, you might be entering an address that you've already entered above here; that's okay.
Your Employment History is also required for background check purposes. Enter "None" in the first box if you haven't been working.
Part 4. Information About Your Parents
This asks for basic biographical information; again, for background check purposes. If you don't have any bits of information, enter "unknown."
Part 5. Information About Your Marital History
You must explain whether you are currently single, married, divorced, and so on, and list information about your current spouse, if any. This information, and that under Information About Prior Marriages, is particularly important if you are immigrating to the U.S. based on marriage. USCIS wants to ascertain whether you are eligible or not. (Being married to two or more people at once is a legal problem and can lead to inadmissibility.)
Part 6. Information About Your Children
List all of your children (including adult children and stepchildren), even if they are not immigrating at this time. This is especially important if they might wish to immigrate later, because failure to mention them will create doubt as to whether they exist at all.
Part 7. Biographic Information
For purposes of confirming your identity, you must choose an ethnicity and race, and supply other physical information.
Part 8. General Eligibility and Inadmissibility Grounds
This section is long, and covers every possible way that you could be "inadmissible" to the United States (meaning that, despite meeting the basic visa requirements, you aren't eligible for U.S. entry at all, due to past crimes, immigration violations, serious health or financial trouble, and so on.
A big part of the purpose of this section is to weed out terrorists. If you have been connected to an organization that has a violent wing or advocates violence, even if you were only in its nonviolent subgroup, consult a lawyer. Incidentally, you can also improve the USCIS officer’s opinion of you by listing organizations that you have volunteered with, such as religious organizations, to show that you are a moral person.
For Questions 14 to 60 in Part 8, your answers are hopefully “no.” (Question 24 is an exception; it's meant for J-1 visa holders who are seeking a way around the usual requirement that they spend two years outside the U.S. before returning. If your answer to 24a is yes, then unless you can answer "yes" to the following two questions, you will be found inadmissible.)
You have to disclose all arrests, even if the arrest was a mistake and you were never charged with a crime. You can ignore tickets you got while driving except if drugs or alcohol was involved, or your fine was over $500. You will have to provide documentation showing what happened with every arrest, charge, conviction, or sentence.
With regard to Public Charge, Question 61 asks about whether you are "subject" to the "public charge" ground of inadmissibility. Most family and employment-based visa applicants are, and will need to check "yes"; in other words, they will, by law, need to show the U.S. government that they aren't likely to need financial assistance from the government in order to live above the poverty line. But some applicants are exempt, such as those who have received asylum or are applying for VAWA or special immigrant juvenile status. (You'll find the exemptions at 8 C.F.R. § 212.23(a).)
If you checked "yes," you'll need to answer a number of other questions about your financial situation and prospects. Past receipt of certain public benefits could be used as an indication that you are likely to become a public charge. While receiving public assistance isn't illegal, it could be viewed as a sign that your income, assets, access to health insurance, and so on won't save you from relying on need-based government help. If there's any doubt about your financial resources, consult with an attorney before submitting this application.
The form then returns to various other grounds of inadmissibility for which your answer will in most cases hopefully be "no."
If the true answer to any of the questions regarding whether you are inadmissible is "yes," do not lie (which is not only unethical, but could, if discovered, destroy any hope you have of immigrating to the U.S.). Instead, see a lawyer for a full analysis of the situation.
Part 9. Accommodations for Individuals With Disabilities and/or Impairments
If you need special accommodations for your interview because of a disability or impairment—such as a sign language interpreter or to have a caregiver allowed to accompany you to your green card interview—explain what you need in this section. The government has a legal obligation to make reasonable accommodations.
Part 10: Applicant's Statement, Contact Information, Declaration, Certification, and Signature
This is where you, the applicant for the green card, sign. You'll also need to assure USCIS that you understand what you're signing and stand by the authenticity of the document copies you've submitted, and supply ways to reach you.
Part 11: Interpreter's Contact Information, Certification, and Signature
This is the place for your interpreter to provide contact information and sign, if you relied on an interpreter to answer the questions. If you don’t speak English well or at all, it’s best to get an interpreter (or a lawyer) to help you with the form and to sign.
You don’t have to speak English to get your green card, but if you need an interpreter at your green card interview, the officer is probably not going to approve your I-485 application if you didn't have an interpreter sign it.
Part 12. Contact Information, Certification, and Signature of Person Preparing this Application, If Other Than the Applicant
If you filled out Form I-485 yourself, leave this part blank. Otherwise, this is where the lawyer or other person who filled out the form for you signs and provides contact information.
Part 13. Signature at Interview
Leave this blank for now. You'll sign it when you meet with a USCIS officer for your green card interview.
Part 14. Use this if you need to add information to complete or expand on one of your previous answers.
If in doubt about whether you can safely answer any of the questions on this form, definitely consult an attorney.
]]>NOTE: When looking for help as a victim of abuse, remember to consider how private your computer, Internet, and phone use are. Consider whether there's anything you can and should do to prevent someone else from learning that you’re doing research or seeking help. Some victims, for instance, might use the same computer or device as the abuser, or might have a phone plan that allows the abuser to see the calls they make and receive. Other kinds of technology, like home security cameras and GPS in phones and cars, can also allow for monitoring by the abuser.
In order to obtain a green card under VAWA, you must show that:
For details on all these requirements, read Green Card Under the Violence Against Women Act (VAWA): Who Is Eligible.
Eligibility for a VAWA-based green card is founded on making sure that you are married to a U.S. citizen or lawful permanent resident (LPR), and that you can prove this. If that person has already filed immigration paperwork for you (such as when a U.S. citizen requests a K-1 visa allowing a foreign national fiancé to come to the United States to get married, or when a U.S. citizen or LPR files an I-130 immigration petition based on marriage), you might know this information already; and better yet, U.S. immigration officials will know it too.
A U.S. citizen will likely have a passport or birth certificate proving status. An LPR should have a green card. Of course, searching that person's files could be difficult in an abusive situation. You'll find suggestions in Proving Your VAWA Case: Evidence to Submit With I-360 Self-Petition.
The first step for a self-petitioner in getting a VAWA-based green card is to fill out Form I-360 and submit it to USCIS, as described in Application Process for a VAWA Green Card: The I-360 Petition. This is where you prove to USCIS that you have been the victim of battery or extreme cruelty by a U.S. citizen or permanent resident to whom you are married.
There is no fee to file this as a VAWA self-petitioner. The government understands that you're in a difficult situation, no longer able to rely on your U.S. citizen sponsor.
Once you have received USCIS approval of the I-360, you can, if living in the United States, proceed to applying to USCIS for a green card, also known as "adjusting your status" (AOS).
If you are married to a U.S. citizen (not a permanent resident), you can actually combine steps and submit all your paperwork (I-360 and I-485 AOS materials) to USCIS in one package. That's because you are considered an "immediate relative." Many attorneys recommend against this, however.
By doing the first step separately, you will make sure that USCIS has approved your basic eligibility under VAWA before having to go through the time and expense of preparing and filing the adjustment of status materials. Besides, even if you submit everything together, USCIS won't review your adjustment application until it has reviewed and approved the I-360.
If you are married to a U.S. lawful permanent resident, you definitely need to submit Form I-360 to USCIS before moving forward. In fact, you will need to not only wait not only for USCIS's approval, but then wait until a visa becomes available to you—or more technically, until your "priority date" becomes current to move forward with your application. See How Long Is the Wait for Your Priority Date to Become Current? for details on this part of the process.
That waiting period can take two or more years. However, if your LPR spouse already filed a Form I-130 for you, and it was approved by USCIS, you can keep your old priority date.
Although an approved I-360 does not give you any legal right to remain in the U.S., USCIS has made a policy of granting "deferred action" status to VAWA applicants who are unlawfully present. This basically means they proactively choose not to try to deport you between the time that your I-360 is approved and your adjustment application is processed and decided upon. It also means you can apply for a work permit (EAD); see instructions in Filling Out Form I-765, Application for Employment Authorization. You'll need to enter category (c)(14) on the form.
Once your priority date is "current," the next step is to file a green card (adjustment of status) application, as described next.
To adjust status and get a green card, you will need to prepare the following:
It's also a good idea to draft a cover letter, listing the contents of your packet, and explaining that it's a VAWA-based application.
After assembling all this, make a complete copy for your records before submitting.
There will be no fees to file the various VAWA-related applications with USCIS as of April 1, 2024. You will, however, be responsible for other costs, such as those of obtaining photographs (usually around $15) and medical exams and vaccinations (usually around $300).
As a VAWA applicant, you are excused from providing some documents that regular marriage-based green card applicants must. This includes the I-864 Affidavit of Support in which a U.S. spouse would, in an ordinary application, promise to support the immigrant during the first several years of your time in the United States. That's why you must fill in the I-864W waiver form described above, to replace this form. Nor do you need to submit the proof of sponsor's employment or tax returns that would normally accompany the I-864.
The underlying reason for this is an important one: While most applicants for a marriage-based green card must show that they will not become a "public charge" or rely on need-based government assistance if granted U.S. lawful permanent residence (a green card), the law contains an exception, such that VAWA applicants need not go through a public-charge analysis when applying for a green card. (See I.N.A. Section 212(a)(4)(E).))
Mail your packet of forms and documents to the appropriate address given on the I-485 page of the USCIS website, using certified mail or another delivery service that provides tracking. (You do not want to risk this getting lost, and having no way to prove to USCIS that you sent it.)
Some weeks after, you should get a USCIS receipt notice on Form I-797C. Some weeks or months after that, you'll be called in for biometrics (fingerprinting and other information collection). The next and final step is to attend an adjustment interview at a local USCIS office, which it will schedule for you.
Buckle up, this is going to be a lengthy process. The U.S. government is notoriously slow with immigration processing, and the backup results in waits of years for approval. Learn more in How Worried Should You Be If Your Immigration Case Is Seriously Delayed?.
Attorneys can be a huge help in preparing paperwork and documentation and drafting legal arguments to help convince USCIS that you deserve VAWA relief. If your income is low, see How to Get a Lawyer to Represent You Pro Bono (Free) in Immigration Court Removal Proceedings.
As a side note, the law does not require you to apply for a green card after your marriage. You can simply leave the United States if you prefer not to live here.
In order to adjust your status in the U.S. and receive approval for lawful permanent residence, you’ll need to:
At or soon after your interview, if all goes well, USCIS will approve you for U.S. residence. You will not, however, become a permanent resident right away. Because of the recency of your marriage, you will first need to spend two years as a “conditional resident,” then apply to transition to permanent residence. It's a chance for the U.S. government to further test whether you marriage is the real thing.
The USCIS forms that you’ll need to download from the USCIS website (for free) and fill out include:
These are the basics, though more forms might be needed if, for example, you need to apply for a waiver of inadmissibility.
Along with the various forms, you will need to include the following in your adjustment of status packet:
Once you've prepared and collected the various forms and documents, write and make a complete copy for your records.
You can't submit the adjustment of status application to USCIS in person. Instead, it must be sent to a particular USCIS office, called a “Lockbox.”
To get the latest address, go to the Direct Filing Addresses for Form I-485, Application to Register Permanent Residence or Adjust Status page of the USCIS website and scroll down until you see “K-1 Fiancé(e).”
After mailing in the I-485 packet, you should get a receipt notice from USCIS on Form I-797C. It serves as proof of your temporary legal status in the United States. Some weeks or months later, you will be called in for fingerprinting ("biometrics").
A while (probably many months) after your initial filing, you'll be called in for the interview, which will take place at a USCIS office in a city near you.
If slowdowns occur during this part of the process, see When Should You Start Asking About Delays in Getting Your Green Card Approval?
At the adjustment interview, a USCIS officer will review your application and documents you brought with you to prove a bona fide marriage, ask questions to make sure that your marriage is the real thing (bona fide, not a scam or fraud to get you a green card) and hopefully approve you for conditional residence.
The actual green card will arrive some weeks later, bearing a two-year expiration date. Keep track of that date carefully. Within 90 days of its arrival, the immigrant and U.S. spouse will want to apply for permanent residence on Form I-751.
And if this process seems complicated, or if there are any possible legal difficulties in your case, you might want to get a copy of Nolo's book, Fiancé & Marriage Visas: A Couple's Guide to U.S. Immigration or hire an immigration attorney.
]]>Most EAD applicants must pay a fee, as described on the I-765 page of the USCIS website, where you can also download the form.
REMINDER: Some foreign nationals do not need an EAD in order to lawfully work in the United States, such as those on temporary (nonimmigrant) employment visas such as the H-1B and those granted asylum.
Even if you are not planning to take a job in the United States, having a work permit can be useful as a piece of photo identification. You can also use it to get a Social Security number and card and a driver’s license.
There are a few general rules for filling out Form I-765. You should type the information into the form if you can. Otherwise, print it out and write with black ink. USCIS expects you to enter “None” or “N/A” (for “not applicable”) if that’s your answer, rather than leaving a space blank. If you can’t fit your answer in the space provided, use Part 6 of the form to add additional information.
Below is more detailed guidance to answering particular questions on the 10/31/2022 version of the form.
Part 1. Reason for Applying
If this is your first work permit, check 1.a, “Initial permission to accept employment.”
If you’ve applied for a previous work permit (for example, if you’re applying now as part of your green card application but previously applied for and received a work permit as a fiancé), check box 1.c for renewal.
Part 2. Information About You.
Most of this part is self-explanatory, except for the below.
Question 8: You might or might not have an Alien Registration Number (A-number). You would most likely have been given one if you applied for any immigration benefit once you arrived in the United States or if you were put into removal (deportation) proceedings. Look for your A-number (the letter A followed by eight or nine digits) on any correspondence you got from a U.S. immigration agency.
Question 9: You might or might not have a USCIS Online Account Number. You would have one only if you registered for this system in order to submit a previous application.
Question 13a and 13.b: If you have a valid Social Security Number (SSN) from the Social Security Administration (SSA), check "yes" and then enter the number itself. Otherwise check "no" in 13.a.
Questions 14-15: Here, if you need an SSN, you have an opportunity to avoid making a personal visit to an SSA office. By checking "yes" to question 14 and the request for disclosure in question 15, and providing some personal information about your parents, the SSA will give you a number and send you your card soon after you receive your work permit. (The question about parents is to avoid confusion, for example in case your first and last names are the same.)
Question 21: If you entered the U.S. lawfully, you should have an I-94, either in paper form or recorded in the CBP website if you entered the United States by plane or ship after April 2013. (You’ll need your passport number.) If you came before 2013, or if you came across a land border, you might find a white I-94 card stapled in your passport. If you changed status within the United States, your I-94 was included with your approval notice. Always use the most recent I-94 number you were given, if you have had more than one. You won’t have an I-94 number if you came without documentation or if you came by car as a Canadian tourist.
Questions 22 and 23: Your date and place of last arrival into the United States, if you came by plane, must indicate the date and airport at which where your plane first landed—where you were inspected by a U.S. border officer. If you came without inspection across a land border, give the border state at least, and if you know you crossed into a specific border city (such as El Paso, Texas, or San Ysidro, California), give that too. Do not list the city where you eventually settled or first spent time in the United States.
Questions 24 and 25: These ask for your U.S. immigration status upon arrival and currently. If you know the visa category letters and numbers, you can use those (such as B-2 for visitor or F-1 for academic student). Otherwise, describe your category (such as “visitor” or “student”). If you are not in the U.S. legally, write “no legal status.”
Question 26: If you are in the U.S. on a student or exchange visitor visa, you will have a SEVIS number.
Question 27: You will need to specify your eligibility category. If, for example, you are applying for adjustment of status, you would be in category "(c)(9)." People with pending asylum applications who've been waiting long enough to qualify for a work permit should enter (c)(8). A qualifying H-4 spouse of an H-1B holder should enter (c)26. Or, your category might be "F-1 Student Seeking Off-Campus Employment Due to Severe Economic Hardship," in which case you would enter “(c)(3)(iii).” For a complete list of employment authorization categories, see the Employment Authorization page of the USCIS website.
You’ll notice three sets of open parentheses to fill in—if your category has only two letter/numbers (like (c)(9)), start by filling in the parentheses on the far left, and leave the parentheses on the far right blank. If you need help determining your category, consult with an immigration lawyer.
Certain categories of applicants will also need to provide additional information, and in some cases supply supporting documents. Be sure to check USCIS's checklist of documents for applicants in select categories.
Part 3: Applicant's Statement, Contact Information, Declaration, Certification, and Signature
Insert your signature, the date, and information on how to contact you.
Parts 4 and 5
The next two sections of the form needs to be filled out and signed by any interpreter, lawyer, or other person you hired to help prepare the form. If you didn't hire any such person, leave this blank.
Part 6: Additional Information
This is for your convenience if any of the requested information didn't fit in the space provided.
When you've finished, make a complete copy of the Form I-765 and any supporting documents you're sending along with it, for your records.
If you don't pay by credit card (per USCIS's instructions and form), also make a copy of your check or money order.
Then you can either mail the completed package to USCIS or file it online (available in certain categories, after setting up an online account with USCIS), again following the instructions on the I-765 page of the USCIS website.
Most applicants must wait for USCIS to make its decision on the I-765 within its normal processing times, which unfortunately can be months long. However, USCIS offers so-called "premium processing" for a substantial added fee in a few categories, meaning it promises a decision within a specified period of time. The premium processing fee amount was raised recently, on February 26, 2024.
USCIS's most recent additions to the premium processing list include F-1 students seeking Optional Practical Training (OPT) and F-1 students seeking science, technology, engineering, and mathematics (STEM) OPT extensions who have a pending Form I-765 on file and wish a premium processing upgrade.
Only a few categories of people are eligible for a U.S. work permit or employment authorization document. If you're at all in doubt as to whether you qualify, or need help preparing the paperwork and monitoring USCIS's decision on it, definitely consult an experienced immigration attorney.
]]>Family sponsors of immigrants applying for a U.S. green card (lawful permanent residence) must prove, by preparing an Affidavit of Support, that they can financially support the immigrant as well as their own household at 125% of the dollar amounts shown in the U.S. Poverty Guidelines. These amounts can be found on Form I-864P, published by U.S. Citizenship and Immigration Services (USCIS).
Here, we'll discuss how to understand the requirements in that chart.
CAUTION
The Poverty Guidelines chart changes yearly. The federal government usually updates it in February or March of each year, and U.S. immigration authorities typically start to follow it two months later. When you attend your visa or green card interview, you will have to meet the guidelines that were in effect on the date your I-864 was submitted.
The purpose of such financial sponsorship is to help demonstrate that the immigrant is not inadmissible to the U.S. as a likely public charge. Realize, however, that U.S. immigration authorities will look beyond the petitioner's sponsorship to the "totality of circumstances" and can declare the immigrant a likely public charge regardless of exact monetary amounts.
Sponsors of K-1 fiancé visa applicants might not need to show as much income and resources. (See How Much Income K-1 Fiancé Visa Applicants' Sponsors Need to Show for details.)
For green card and immigrant visa applications, the sponsor’s income and assets must be enough to support all the people who depend financially on the sponsor (also called household members or dependents), at 125% of the income level that the government believes puts a person into poverty. In other words, U.S. immigration authorities will look beyond merely the number of immigrants.
An exception is made for members of the U.S. Armed Forces, who need reach only 100% of the Poverty Guidelines levels when sponsoring someone for a green card.
To count the persons who must be covered, add up the following:
Once you have calculated the number of people who must be covered, refer to the Poverty Guidelines chart. In the far left column (“Sponsor’s Household Size”), locate the line showing the number of people for whom the sponsor is responsible. Then look to the appropriate column to find how much the sponsor must show in income and assets.
There are separate charts for sponsors who live in Alaska or Hawaii.
You do not need to declare or prove your ownership of valuable assets if you can meet the Poverty Guidelines levels based on income alone. However, assets (such as savings, houses, or cars) can be a valuable way to fill the gap.
Assets are counted at only one fifth their current market value, or one third if the immigrant is the spouse or child of a U.S. citizen. And you must subtract out any debt liabilities, mortgages, and liens against the asset.
To be used for immigration sponsorship purposes, your assets must be readily convertible into cash (within one year). For example, if the sponsor owns a new condominium in an empty complex that is in bankruptcy, there might not be a market for the place (i.e. no one wants to buy it). USCIS could decide that, even though the sponsor paid a million dollars for the condo, this asset does not count, because it cannot be converted into cash within one year.
CAUTION
Job offers with anticipated salaries don’t count. Someone applying for an immigrant visa from overseas who has received a job offer with a set salary in the U.S. should provide this information in the application process, but realize that it's likely to provide only a little help. U.S. immigration authorities are not allowed to use this salary to make up for a shortfall in the sponsor’s ability to meet the Poverty Guidelines minimum.
USCIS also says that income the immigrant earns overseas cannot be counted, since the immigrant probably will not be able to keep such a job after coming to the United States. Finally, any income that the immigrant gained through unauthorized employment in the U.S. (with no legal right or USCIS permission to work) cannot be counted either.
An experienced attorney can assist with the task of figuring out the fastest way for your family to immigrate to the United States, assess any issues with financial support obligations, and help prepare the paperwork and keep the case on track.
However, if the documents you are submitting are in a language other than English, you might need to have them translated. (The exception would be if you are dealing with a U.S consulate that specifically assures you that it accepts documents in the language of that country.)
Failure to submit a translation that is up to the standards of U.S. immigration authorities can result in denial of your application. If a translation is required, here is how to deal with this.
You will need to submit both:
A copy of the original document is needed to demonstrate that it's the real thing. Even if the immigration authorities can't read what it says, they need to see what it looks like, and compare it to internal guidelines regarding what constitutes an acceptable document from your country. (See the Department of State's Country Reciprocity Schedule for a list of what documents it knows to be available and will therefore accept as legal from various countries.)
If, for example, your copy of a document is missing the government stamps that the immigration officials are accustomed to seeing, it might be rejected.
Also, in most situations you'll want to use a "long-form" version of your birth certificate, even if your country also does "short-form" versions. (The key issue is whether the version in question has all the information required to substantiate your claim, such as that you are someone's sibling; in which case a birth certificate that's complete enough to show parents' names will be required.)
A "word-for-word" translation is just what it sounds like: Not a summary, but an exact transcription of every word on the document, even if the words seem irrelevant. You can read more about the U.S. Citizenship and Immigration Services (USCIS) document translation policies within its Policy Manual.
You do not necessarily need to spend money hiring a certified translator. Any trustworthy friend who is fluent in English and the language of the document and is not your close relative is allowed to do the job.
That person will, after typing out the (word-for-word) translated text, want to add the following language at the bottom, and sign it. This includes a promise that the person knows how to translate, and turns the document into what's legally known as a "certified translation."
I certify that I am competent to translate from [fill in the language of the document] to English and that the above [identify the document and to whom it pertains; for example, “Birth Certificate of Maritza Malakoff”] is a complete and accurate translation to the best of my knowledge and belief.
Signed: [translator’s full name]
Address: __________________________________
Telephone: ________________________________
Date: _____________________________________
If you prefer, however, you can hire a professional translator to prepare this. That person should also add the same certification at the bottom of the translation.
]]>However, in 2022, U.S. Citizenship and Immigration Services (USCIS) stopped issuing this type of card. Please regard the below discussion as largely historical.
The convenience of consolidating these two items didn’t come with much in the way of other benefits to the recipients. In particular, it:
Applicants who submitted separate applications for an EAD and for AP needed to include two identical, passport-style photos with each application. These usually needed to be professionally done, in order to meet the size and other requirements. But when filing the two applications concurrently for the combo card, applicants needed to provide only two photos.
Once issued, the combo card typically last one or two years, depending on what USCIS decided. That gave plenty of time for USCIS to make a decision on the green card application (unless, of course, the per country limitations (quotas) delay application processing).
Once you have a U.S. green card, you will not need a separate work permit, nor will you need advance parole in order to travel.
]]>The short answer is that someone who was "waved through" is considered to have made a legal entry to the United States (through some courts make exceptions if the person lied, particularly by pretending to be a U.S. citizen). In one notable example, wave-through entries were recognized as a basis for being allowed to adjust status in a 2010 Board of Immigration Appeals (B.I.A.) case, Matter of Quilantan.
However, proving the "wave through" is a more difficult matter. It will be even more difficult if your entry was recent, since this practice is no longer common. We'll provide some guidance for proving a wave-through entry in this article.
A person who has married a U.S. citizen and now wishes to get a green card through the procedure known as adjustment of status must (except in truly rare cases) show that the U.S. entry included an “inspection” by border officials and a “lawful admission.” (See 8 U.S.C. § 1255.)
In theory, the questioner's mode of entry should be found to meet these requirements, because they did present themself to U.S. border officials, did not use fraud (for example, by pretending to be a U.S. citizen), and was admitted according to the required border procedures. Other people have successfully gotten green cards on this basis.
It won't be easy, but if you're planning to adjust status based on a wave-through entry, you'll need to search your records for any sort of receipts showing your location on the Mexico and then the U.S. side of the border, near an official entry point. For example, receipts for gas or other items from shops you stopped at as well as social media postings or photos taken at or around the border can be helpful. Ask any friends you traveled with to look for similar items.
You might also request that your friends or fellow travelers provide affidavits or sworn statements about what happened that day. These carry less weight (since U.S. immigration authorities will assume that friends are willing to lie to protect each other), but they are worth a try.
It's also possible for an attorney to research the policies and procedures used by that particular border post at the time you entered, so as to show that it commonly waved people through with limited questioning.
An experienced immigration attorney will be crucial if you hope to prove a wave-through entry for purposes of adjusting status. There are nuances and variations among federal courts in different parts of the United States regarding how wave-throughs are dealt with. Some immigration officers and judges, particularly newer ones, will be utterly unfamiliar with the law on or past practice of wave-throughs, or unsympathetic unless you can come up with convincing documentation.
An attorney can help both in making the appropriate legal arguments and gathering or suggesting supporting documents, evaluating the strength of your overall claim, preparing application forms, and accompanying you to in-person interviews or court hearings. Also see How to Get a Lawyer to Represent You Pro Bono (Free) in Immigration Court Removal Proceedings.
]]>In such a situation, it's possible for a family member who is living in the sponsor's home to combine their income and assets in order to meet the required 125% of Poverty Guidelines level, as this article will describe.
The household member who signs this form can be the immigrant, if that person happens to be living and working legally in the United States already, and if the job will continue after the immigrant gets a green card. There's no actual need for the household member who is the main immigrant to sign Form I-864A to contribute income, however, unless dependent children are also included in the immigration application.
And if the immigrant is contributing only assets (whether a household member or coming from abroad) there's no need to fill out Form I-864A either. Instead, the U.S. petitioner would list these assets in Form I-864 Part 7, Questions 6 to 8.
You can get a free download of Form I-864A from the website of U.S. Citizenship and Immigration Services (USCIS).
The person preparing and submitting this form to the U.S. government (USCIS or an overseas consulate) to does not need to be a U.S. citizen or lawful permanent resident in order to sign Form I-864A. This person will, however, need to submit evidence of income (such as tax returns or IRS transcripts and an employer letter), just as the main sponsor does.
The household member will also need to provide proof of being a relative of and residing with the sponsor, such as a copy of a birth or marriage certificate (with full English language translation, if it's in another language).
By signing Form I-864A, both the main sponsor for the immigrant and the sponsor's household member agree that, while the main sponsor will still fill out a Form I-864 and take some financial responsibility for the immigrant(s), the household member will also provide financial support to the immigrant(s) if needed.
Also realize that, under certain circumstances, it is possible for the household member to become solely responsible for the immigrant's support.
These instructions refer to the version of the form issued 12/08/2021.
Part 1: This asks for basic name and contact information, to be filled in by the household member. "Relationship to sponsor" means the household member's family connection to the petitioner who is bringing in the immigrant(s), such as "spouse" or "child."
For Question 7, if the person doesn't have a Social Security Number, that could indicate a lack of valid immigration status, in which case the work is unlawful and won't be counted.
For Question 8, there's no need to worry (or enter anything) if the household member doesn't have a USCIS Online Account Number. This would apply only if it was an immigrant who had certain forms of past interactions with USCIS.
Part 2: This is to be filled in by the household member, stating their relation to the immigrant's main sponsor.
Part 3: This is to be filled in and signed by the household member, detailing where the person is employed and the annual income.
Part 4: This is where the household member indicates how much income they reported on taxes (which hopefully matches annual income; if not, filing an amended return with the IRS might be necessary). In addition, the household member can list assets, if needed to bring the overall support level up. See the discussion of listing assets in this article about filling out the main Form I-864.
Part 5: This part is to be filled in and signed by the main sponsor, who will be filling out the Form I-864 Affidavit of Support. Self-explanatory.
Part 6: This is for the household member to fill out and sign. If the household member is also the immigrant, that person does not need to sign Form I-864A unless agreeing to support immigrating children as well.
Part 7: If a language interpreter helped the parties fill out this form, that person's name and contact information need to go here, plus the person's signature.
Part 8: If an attorney or other professional prepared this form, that person's name, contact information, and signature need to go here.
Part 9: This is where you can add information that didn't fit in the main part of the form.
Both the sponsor and the household member(s) will need to sign the I-864A. The sponsor will attach Form I-864A to the main Form I-864 as part of the immigrant's green card application.
Exactly when it gets submitted depend on whether the immigrant will be applying through an overseas U.S. consulate (in which case the National Visa Center will send instructions) or is in the U.S. and will be applying to adjust status (in which case you'd submit all the forms and paperwork to USCIS in one package).
For personalized assistance with applying for lawful permanent residence based on a family relationship to a U.S. citizen or green card holder, consult an experienced attorney. The attorney can help analyze your eligibility and any complications, deal with low-income situations, prepare the paperwork, and more.
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