Adjustment of Status

SUPPORT DOCUMENTATION FOR THE I-485 APPLICATION TO ADJUST STATUS

FROM I-140 PETITIONER:

  1. Letter from current employer confirming employment with job title, date employment commenced, and salary as indicated on the approved Labor Certification (Form ETA-750 or Form ETA-9089). The letter must be signed and on company letterhead – We can prepare this if we can obtain a copy of the certified Labor Certification and/or I-140 support letter;
  1. Photocopy of the Form I-140 Approval Notice;

FROM THE FOREIGN NATIONAL/BENEFICIARY:

  1. Completed Immigration Questionnaire from the Beneficiary (see separate email from Immigration Tracker for the link along with your username and password);
  1. Photocopy of long-form/unabridged birth certificate (if not in English include certified English translation). The birth certificates need to reflect your parents’ names;
  1. Photocopies of all passport pages with biographic information, renewal, visas, entry/exit stamps;
  1. Photocopy of the front and back of white I-94 Arrival/Departure Record Card showing most recent entry into the United States;
  1. Photocopies of all Form I-797 (Notice of Actions) and/or Form I-20 Student and/or OPT Employment Authorization Documents evidencing past visa status in the United States for each applicant, as applicable;
  1. Sealed Medical Examination Results from one of the Immigration-approved Physicians listed on the USCIS’ website found at https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV. Each applicant will need to make an appointment with one of the doctors listed, and take the Form I-693 and Immunization Supplement Form for the doctor to complete. Please do not open the envelope. We will submit the sealed envelope together with the requested forms and supporting documentation;
  1. 6 passport-style photographs [2 photos are needed for the I-485 Adjustment of Status Application, 2 photos for the optional I-765 Employment Authorization application, and 2 photos for the optional I-131 Advance Parole Travel Document application]. You should confirm with your immigration attorney to make sure that you are eligible to travel outside of the United States without affecting your application;
  1. If you were arrested for any reason, please obtain court-certified documents of the arrest and disposition and immediately notify our office by phone/email and send us copies by mail. Failure to do so may affect the processing of your case.

Please let us know immediately if you have any family members who will adjust status will you.

November 25, 2009

U.S. Citizenship and Immigration Services
______ Service Center

 

Re: Employment Verification for __________

To Whom It May Concern:

This letter is concerning the above-referenced individual who is making an application for permanent residence in the United States.

We confirm our offer of full-time permanent employment to _________ in the position of _________. Mr. _________ will be remunerated at the rate of no less than $_________ per year. This employment will be in conjunction with the approved Form I-140 Immigrant Petition.

If you have any questions, please do not hesitate to contact me.

Sincerely,

_______________________________

Advance Parole

Advance Parole is a travel document issued by the U.S. Citizenship and Immigration Services (“USCIS”) to allow certain foreign nationals to apply for reentry into the U.S. after traveling abroad.  Advance Parole is granted most often to those who have applications for permanent residence in process.  If someone has a pending permanent residence application with U.S.C.I.S. and wishes to travel abroad, they must first obtain the Advance Parole document from USCIS or their permanent residence application will be considered abandoned.

In other very limited circumstances Advance Parole can be requested to bring a foreign national into the United States for a specific period of time, for example to receive medical treatment.

Not all individuals who have pending permanent residence applications, however, should apply for Advance Parole.  If the foreign national did not have legal status before applying for permanent residence and he or she travels, even if they have an Advance Parole document they may not be allowed back into the U.S. For example, if the foreign national was unlawfully present in the U.S. for 180 days but less than one year before filing for permanent residence, if that person leaves the U.S. they will be barred from reentering the U.S. for three years.  If the foreign national was unlawfully present for one year or more before applying for permanent residence and they leave the U.S., they will not be allowed to return to the U.S. for ten years.  This is true even if the foreign national was given an Advance Parole document by U.S.C.I.S.  Generally, U.S.C.I.S. will not grant an Advance Parole document to a person who may incur the 3- or 10-year bar if they leave the U.S., but U.S.C.I.S. does not always catch these cases and may by mistake issue an Advance Parole document to an applicant who really should not travel until they are a permanent resident.  Anyone applying for Advance Parole, therefore, must first carefully review their own circumstances, preferably with an experienced attorney who specializes in U.S. immigration law, before traveling abroad using an Advance Parole document.

SUPPORT DOCUMENTATION FOR THE I-485 APPLICATION TO ADJUST STATUS

FROM I-130 PETITIONER:

  1. Full Name and address and telephone number;
  1. Photocopy of Marriage Certificate;
  1. Photocopies of Federal Income Tax Returns for 2008;
  1. Photocopies of W-2 Forms for the last 3 years (2006, 2007, and 2008);
  1. Letter from current employer confirming employment with job title, date employment commenced, and salary. The letter must be signed and on company letterhead;
  1. Evidence of U.S. citizenship: photocopy of U.S. birth certificate, U.S. passport, or Naturalization Certificate;
  1. Photocopy of termination decree for past marriages (if not in English include certified English translation), if applicable;
  1. 2 passport-style photographs;

FROM THE FOREIGN NATIONAL/BENEFICIARY:

  1. Completed Immigration Questionnaire from the Beneficiary (see email for link);
  1. Photocopy of long-form/unabridged birth certificate (if not in English include certified English translation). The birth certificates need to reflect your parents’ names;
  1. Photocopy of termination decree for past marriages (if not in English include certified English translation), if applicable;
  1. Photocopies of all passport pages with biographic information, renewal, visas, entry/exit stamps;
  1. Photocopy of the front and back of white I-94 Arrival/Departure Record Card showing most recent entry into the United States;
  1. Photocopies of all Form I-797 (Notice of Actions) and/or Form I-20 Student and/or OPT Employment Authorization Documents evidencing past visa status in the United States for each applicant, as applicable;
  1. Sealed Medical Examination Results from one of the Immigration-approved Physicians listed on the USCIS’ website found at https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV. Each applicant will need to make an appointment with one of the doctors listed, and take the Form I-693 and Immunization Supplement Form for the doctor to complete. Please do not open the envelope. We will submit the sealed envelope together with the requested forms and supporting documentation;
  1. 6 passport-style photographs [2 photos are needed for the I-485 Adjustment of Status Application, 2 photos for the optional I-765 Employment Authorization application, and 2 photos for the optional I-131 Advance Parole Travel Document application]. You should confirm with your immigration attorney to make sure that you are eligible to travel outside of the United States without affecting your application;
  1. If you were arrested for any reason, please obtain court-certified documents of the arrest and disposition and immediately notify our office by phone/email and send us copies by mail. Failure to do so may affect the processing of your case;

FROM BOTH INDIVDIUALS (if based on marriage):

  1. Photocopy joint lease or mortgage identifying names of both individuals;
  1. Photocopies of joint bank statements identifying names of both individuals;
  1. Photocopies of utility statements identifying names of both individuals;
  1. Photocopies of insurance (auto, health, life) identifying names of both individuals;
  1. Photographs of the wedding and other events as a couple and with family / friends;
  1. Photocopies of any other documents showing a bona-fide marriage; and
  1. Immigration filing fee checks payable to U.S. CITIZENSHIP AND IMMIGRATION SERVICE (do not abbreviate) to cover the applicable immigration filing fees:
    1. $1,010.00 for each I-485 green card application including employment authorization and travel document
    2. $1,000.00 for each I-485 Supplement A

* Please note that you and your spouse should maintain a folder containing the original Marriage Certificate, Birth Certificates, Divorce Certificates/Decrees (if applicable), Child(ren)’s birth certificates (if applicable), valid Passport, W-2 forms, U.S. Federal Income Tax Returns (Married Filing Jointly status), and any additional documents showing a bona-fide marriage (see list above). You will be required to present the information to the USCIS Officer at the time of your scheduled interview.

SUPPORT DOCUMENTATION FOR THE I-485 APPLICATION TO ADJUST STATUS

FROM THE FOREIGN NATIONAL AND FAMILY MEMBERS:

  1. Completed Immigration Questionnaire for each applicant (form attached). It is important that all questions are answered completely and legibly. The answers you provide will be used to complete the immigration forms for your application. We specifically need to know your address for the last 5 years (with dates), full names and biographical information for immediate family members (spouses, children, parents), whether you/your spouse have been previously married, whether you or any of your family members have been arrested for ANY reason;
  1. Photocopies of long-form/unabridged birth certificates with certified English translation for each applicant. The birth certificates need to reflect your parents’ names;
  1. Photocopies of all passport pages and U.S. visas for each applicant;
  1. Photocopies of front and back of Form I-94 card (white card received at the airport) for each applicant showing most recent entry into the USA;
  1. Photocopies of all Form I-797 (Notice of Actions) and/or Form I-20 Student and/or OPT Employment Authorization Documents evidencing past visa status in the United States for each applicant;
  1. Photocopies of W-2 Forms for the past 3 years;
  1. Photocopy of your Federal Income Tax Returns for the most recent tax year;
  1. Photocopies of marriage certificates with certified English translation;
  1. Photocopies of termination decrees for past marriages with certified English translation, if applicable;
  1. 6 passport photographs;
  1. If you have been arrested for any reason (including traffic offenses) – please obtain court-certified documents of the arrest and disposition and immediately notify our office by phone/email and send us copies by mail. Failure to do so may affect the processing of your case;
  1. Sealed Medical Examination Results from one of the Immigration-approved Physicians listed on the enclosed sheet. Each applicant will need to make an appointment with one of the doctors listed, and take the Form I-693 and Supplement Form for the doctor to complete. We will provide the Form and Supplement to you when we mail all forms for signature. The doctor will also have this available at their office. Please do not open the envelope. We will submit the sealed envelope together with the requested forms and supporting documentation. For a list of approved physicians near you, please visit the CIS website at https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV; and
  1. Checks or money orders payable to U.S. CITIZENSHIP AND IMMIGRATION SERVICE to cover the applicable immigration filing fees:
  • $1,010.00 for each I-485 green card application ($600.00 for children age 13 or under if filing with one parent, otherwise $930.00 if filing separately).

*********************

English translations should be provided for any foreign language documents

SUPPORT DOCUMENTATION FOR I-130 IMMIGRANT PETITION FOR ALIEN RELATIVE AND THE I-485 APPLICATION TO ADJUST STATUS

FROM U.S. CITIZEN SPOUSE/PETITIONER:

  1. Completed Immigration Questionnaire from the Petitioner (form attached);
  1. Full Name and address and telephone number;
  1. Photocopy of Marriage Certificate;
  1. Photocopies of Federal Income Tax Returns for the last 3 years(2006, 2007, and 2008);
  1. Photocopies of W-2 Forms for the last 3 years (2006, 2007, and 2008);
  1. Letter from current employer confirming employment with job title, date employment commenced, and salary. The letter must be signed and on company letterhead;
  1. Evidence of U.S. citizenship: photocopy of U.S. birth certificate, U.S. passport, or Naturalization Certificate;
  1. Photocopy of termination decree for past marriages (if not in English include certified English translation), if applicable;
  1. 2 passport-style photographs;

FROM THE FOREIGN NATIONAL SPOUSE/BENEFICIARY:

  1. Completed Immigration Questionnaire from the Beneficiary (form attached);
  1. Photocopy of long-form/unabridged birth certificate (if not in English include certified English translation). The birth certificates need to reflect your parents’ names;
  1. Photocopy of termination decree for past marriages (if not in English include certified English translation), if applicable;
  1. Photocopies of all passport pages with biographic information, renewal, visas, entry/exit stamps;
  1. Photocopy of the front and back of white I-94 Arrival/Departure Record Card showing most recent entry into the United States;
  1. Photocopies of all Form I-797 (Notice of Actions) and/or Form I-20 Student and/or OPT Employment Authorization Documents evidencing past visa status in the United States for each applicant, as applicable;
  1. Sealed Medical Examination Results from one of the Immigration-approved Physicians listed on the USCIS’ website found at https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV. Each applicant will need to make an appointment with one of the doctors listed, and take the Form I-693 and Immunization Supplement Form for the doctor to complete. Please do not open the envelope. We will submit the sealed envelope together with the requested forms and supporting documentation;
  1. 6-8 passport-style photographs [2 photos are needed for the I-130 Immigrant Petition, 2 photos for the I-485 Adjustment of Status Application, 2 photos for the optional I-765 Employment Authorization application, and 2 photos for the optional I-131 Advance Parole Travel Document application]. You should confirm with your immigration attorney to make sure that you are eligible to travel outside of the United States without affecting your application;

FROM BOTH INDIVDIUALS:

  1. Photocopy joint lease or mortgage identifying names of both individuals;
  1. Photocopies of joint bank statements identifying names of both individuals;
  1. Photocopies of utility statements identifying names of both individuals;
  1. Photocopies of insurance (auto, health, life) identifying names of both individuals;
  1. Photographs of the wedding and other events as a couple and with family / friends;
  1. Photocopies of any other documents showing a bona-fide marriage; and
  1. Immigration filing fee checks payable to U.S. CITIZENSHIP AND IMMIGRATION SERVICE (do not abbreviate) to cover the applicable immigration filing fees:
    1. $1,010.00 for each I-485 green card application including employment authorization and travel document
    1. $355.00 for the I-130 immediate relative petition

* If either of you are arrested for any reason, please obtain court-certified documents of the arrest and disposition and immediately notify our office by phone/email and send us copies by mail. Failure to do so may affect the processing of your case.

* Please note that you and your spouse should maintain a folder containing the original Marriage Certificate, Birth Certificates, Divorce Certificates/Decrees (if applicable), Child(ren)’s birth certificates (if applicable), valid Passport, W-2 forms, U.S. Federal Income Tax Returns (Married Filing Jointly status), and any additional documents showing a bona-fide marriage (see list above). You will be required to present the information to the USCIS Officer at the time of your scheduled interview.

 

If you would like further information about specific case scenarios or situations, please call our office or email us at ckuck@immigration.net to speak to one of experienced immigration attorneys.


DISCLAIMER: The confidential information provided in this memorandum is for information purposes only and is not intended to be legal advice. This information is not intended to create an attorney-client or other relationship between Kuck Immigration Partners LLC and the recipient. The reader should consult with an immigration attorney before acting in reliance on any such information.