I 485 birth certificate

I 485 birth certificate DEFAULT

Chapter 4 - Documentation

A Record of Proceeding (ROP) is created when an adjustment application is received. While not every ROP contains the same exact information or documents, all ROPs are created in the same format and documents are placed in the file from top to bottom. 

A. Initial Evidence

When reviewing an adjustment of status application, the officer must verify that the following evidence is contained in the A-file and is placed in ROP order on the left side of the file.

1. Photographs

Two passport-style photographs must be included. The photographs must be:

  • 2” x 2” in color with full face, frontal view;

  • On a white to off-white background, printed on thin paper with a glossy finish; and

  • Be un-mounted and un-retouched.

The photographs must have been taken within 30 days of filing.[1]

2. Application to Register Permanent Residence or Adjust Status (Form I)

Noncitizens apply for permanent resident status by filing Form I at the appropriate time with the correct fee and necessary documentation to establish eligibility.

3. Birth Certificate

A copy of the applicant’s foreign birth certificate or sufficient secondary evidence of birth must be submitted to establish the applicant’s country of citizenship for visa chargeability, identity, and existence of derivative relationships.[2]Each foreign birth certificate must include a certified English translation.[3]

Officers should check the Department of State's Country Reciprocity Schedule to determine availability of birth certificates as well as acceptable secondary evidence of birth for specific countries.

4. Evidence of Admission or Parole

In most cases, an adjustment applicant is required to provide evidence of inspection and admission or parole.[4]Typical documents that prove inspection and admission or parole include: 

  • Copy of the entry or parole stamps in the applicant’s passport issued by U.S. Customs and Border Protection (CBP);

  • Arrival/Departure Record (Form I); 

  • Form I issued by USCIS at the bottom of a Notice of Action (Form I); or

  • Authorization for Parole of an Alien into the United States (Form I or IL).

If an applicant appears at an interview with none of the above evidence but claims to have been “waved in” at the port of entry (POE), the applicant may still be considered to have been inspected and admitted in some cases.[5]The burden of proof is on the applicant to provide sufficient evidence to establish eligibility.[6]

5. Affidavit of Support and Related Forms (Form I, IA, and IEZ)

An affidavit of support is required for most immediate relative and family-based immigrants. The affidavit of support is also required for any employment-based immigrant whose petitioner is the applicant’s spouse, parent, child, adult son or daughter, or sibling and in which the applicant’s family has 5% or more ownership in the business. The purpose of this form is to show the applicant has adequate means of financial support and is unlikely to become a public charge.[7]

6. Report of Medical Examination and Vaccination Record (Form I)

Form I is required for adjustment of status applicants who either did not receive a medical examination prior to their admission to the United States or who do not have evidence of an overseas medical examination in their file. A medical examination and vaccination record must be documented for most adjustment of status applications and completed as closely as possible to submission of the adjustment application.[8]If not completed overseas, the medical examination must be completed by a designated civil surgeon in the United States and documented on this form.[9]

7. Certified Copies of Arrest Records and Court Dispositions

All applicants that have previously been arrested are required to submit original or court-certified copies of the arrest records, court dispositions or both. If an applicant’s fingerprints reveal an arrest record, the applicant’s A-file should contain a Record of Arrest and Prosecution (RAP) sheet.

If there is an arrest record, the applicant must submit an original or certified copy of the official arrest report or other statement by the arresting agency and official court records showing the disposition of all arrests, detentions, or convictions regardless of where in the world the arrest occurred. Applicants are not required to submit records for minor traffic violations, records that are not drug or alcohol-related, did not result in an arrest, or in which the only penalty was a fine of less than $ or points on a driver’s license.

8. Evidence of Underlying Basis to Adjust Status[10]

An officer should verify the immigrant category indicated on Form I as the basis for adjustment. The applicant can attach: 

  • A copy of the Form I Approval Notice for an approved underlying immigrant visa petition;

  • The underlying immigrant visa petition together with the Form I, if concurrently filing; or 

  • A copy of the Form I Receipt Notice for an underlying immigrant visa petition that remains pending. 

Certain adjustment applicants, however, are not required to have an underlying petition. These applicants include:

  • Asylees;

  • Refugees; 

  • Applicants eligible for certain adjustment of status programs based on certain public laws;[11]

  • Persons born under diplomatic status in the United States;[12]

  • Persons applying for Creation of Record; and

  • Applicants who obtain relief through a private immigration bill signed into law.

In these cases, the officer should review any specific eligibility and evidentiary requirements that apply to the program or law to ensure the applicant is eligible to adjust on that basis.

9. Additional Evidence for Eligibility

Additional evidence is required for certain applicants in order to meet specific eligibility requirements. For instance, an applicant may need to submit marriage certificates or divorce decrees to establish the required relationship for the classification. Additionally, applicants under most preference categories may need to submit evidence that they are not subject to any bars to adjustment as a result of failing to maintain their nonimmigrant status, working without authorization, or otherwise violating the terms of their nonimmigrant status. 

B. Unavailability of Records and the Use of Affidavits

There are certain situations where an applicant may not be able to provide the required primary evidence but may be able to submit secondary evidence. When submitting secondary evidence, an applicant must establish that the required primary document is unavailable or does not exist.[13]

1. Establishing Required Primary Document Is Unavailable or Does Not Exist[14]

To establish that a required primary document is unavailable or does not exist, an applicant must submit letters of certification of non-existence issued by the appropriate civil authority. These letters must:

  • Be an original written statement from a civil authority on official government letterhead;

  • Establish the nonexistence or unavailability of the document;

  • Indicate the reason the record does not exist; and

  • Indicate whether similar records for the time and place are available.

Certification of non-existence from a civil authority is not required where the Department of State’s Reciprocity Schedule indicates this type of document generally does not exist. An officer should consult the Reciprocity Schedule before issuing a Request for Evidence (RFE) for a missing document that is required. 

If an applicant is unable to obtain a letter of certification of non-existence issued by the appropriate civil authority, the applicant or petitioner may submit evidence that repeated good faith attempts were made to obtain the required documentation.

2. Secondary Evidence

Once an applicant has demonstrated that a required primary document is unavailable, the applicant may submit appropriate secondary evidence, such as church or school records pertaining to the facts at issue.

3. Affidavits

If an applicant has demonstrated unavailability of both a required primary and secondary document, the applicant must submit at least two affidavits, or sworn written statements, pertaining to the facts at issue. Such affidavits must be given by: 

  • Persons who are not parties to the underlying petition; and

  • Persons who have direct personal knowledge of the events and circumstances in question.[15]

In order for an applicant to meet his or her burden of proof, the officer must examine the evidence for its probative value and credibility. For these reasons, an affidavit should include:

  • The full name, address, and contact information of the affiant (person giving the sworn statement), including his or her own date and place of birth, and relationship (if any) to the applicant;

  • A copy of the affiant’s government-issued identification, if available;

  • Full information concerning the facts at issue; and

  • An explanation of how the affiant has direct personal knowledge of the relevant events and circumstances.

Affidavits that cannot be verified carry no weight in proving the facts at issue.

Persons submitting affidavits may be relatives of the applicant and do not necessarily have to be U.S. citizens.[16]

C. Requests for Evidence (RFE)

An officer must review all documents submitted and contained within the applicant’s A-file to:

  • Determine acceptability; 

  • Ensure all required documents are present; and

  • Avoid issuing an RFE requesting information already available in the A-file. 

Scenario

Officer Action

Any required initial evidence is incomplete, missing, or raises eligibility concerns

  • Prepare and issue an RFE to provide the applicant an opportunity to establish his or her eligibility; or

  • Deny the application.[17]

All required initial evidence is submitted, but the evidence submitted does not establish eligibility

  • Prepare and issue an RFE for additional information;

  • Prepare and issue a Notice of Intent to Deny (NOID) with the basis for the proposed denial and require the applicant to submit a response; or

  • Deny the application for ineligibility.[18]

A family member’s A-file contains a document required to establish eligibility 

  • Make a copy of the required document;

  • Place the copy in the applicant’s A-file in the proper ROP order; and

  • Return the original document to the family member’s A-file, in proper ROP order.

Originals of applications and petitions must be submitted unless previously filed with USCIS. Documents typically submitted as originals with the adjustment application may include a concurrently filed petition, the medical examination report, and affidavits.

An applicant only needs to submit original documents required by regulation or form instructions and necessary to support the application. An official original document issued by USCIS or by legacy INS does not need to be submitted, unless requested. Unless otherwise required by applicable regulations or form instructions, a legible photocopy of any other supporting document may be submitted.

An officer, however, may request an original document if there is reason to question the authenticity of the document for which a photocopy has been submitted. If originals are requested to validate a photocopy, they should be returned to the applicant after review and verification unless regulations require the originals to be submitted and retained. Failure to submit a requested original document may result in denial or revocation of the underlying application or benefit.[19]An officer may check available systems to validate evidence submitted by the applicant, as well as to verify claimed entries, prior deportations, visa issuance, and criminal history.

Footnotes


[^ 1] See Instructions to Form I See examples at the U.S. Department of State website.

[^ 2] See 8 CFR (b)(2). 

[^ 3] See 8 CFR (b)(3).

[^ 4] See INA (a).

[^ 5] See Matter of Quilantan (PDF), 25 I&N Dec. (BIA ). For more information, see Part B, (a) Adjustment, Chapter 2, Eligibility Requirements, Section A, “Inspected and Admitted” or “Inspected and Paroled”, Subsection 7, Waived Through at Port-of-Entry [7 USCIS-PM B.2(A)(7)].

[^ 6] See 8 CFR (b).

[^ 7] See INA A. For detailed information on the requirements of the Affidavit of Support, see Chapter 6, Adjudicative Review, Section D, Determine Admissibility, Subsection 2, Affidavit of Support Under Section A of the Act (Form I) [7 USCIS-PM A.6(D)(2)].

[^ 8] For more information, see Volume 8, Admissibility, Part B, Health-Related Grounds of Inadmissibility, Chapter 3, Applicability of Medical Examination and Vaccination Requirement [8 USCIS-PM B.3]. 

[^ 9] For more information, see Volume 8, Admissibility, Part B, Health-Related Grounds of Inadmissibility [8 USCIS-PM B].

[^ 10] For more information, see Chapter 6, Adjudicative Review, Section A, Verify Underlying Basis to Adjust Status [7 USCIS-PM A.6(A)].

[^ 11] Some adjustment programs that are otherwise different from general adjustment include: the Cuban Adjustment Act, Pub. L. (PDF) (November 2, ); the Cuban Adjustment Act for Battered Spouses and Children, Section of the Victims of Trafficking and Violence Protection Act of (VTVPA), Pub. L. (PDF), Stat. , (October 28, ) and Sections , , and of the Violence Against Women and Department of Justice Reauthorization Act of (VAWA ), Pub. L. (PDF), Stat. , and (January 5, ); dependent status under the Haitian Refugee Immigrant Fairness Act (HRIFA), Division A, Section of Pub. L. (PDF), Stat. , (October 21, ); dependent status under HRIFA for Battered Spouses and Children, Section of VTVPA, Pub. L. (PDF), Stat. , (October 28, ), Section of the LIFE Act Amendments, Pub. L. (PDF), Stat. , A (December 21, ), Sections , , and of VAWA , Pub. L. (PDF), Stat. , and (January 5, ), and 8 CFR ; former Soviet Union, Indochinese or Iranian parolees (Lautenberg Parolees), Section E of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of , Pub. L. (PDF), Stat. , (November 21, ), as amended; and diplomats or high-ranking officials unable to return home, Section 13 of the Act of September 11, , Pub. L. (PDF), as amended, 8 CFR , INA (a)(15)(A)(i)-(ii), and INA (a)(15)(G)(i)-(ii).

[^ 12] See 8 CFR  and 8 CFR

[^ 13] See 8 CFR (b)(2).

[^ 14] See 8 CFR (b)(2)(ii).

[^ 15] See 8 CFR (b)(2)(i).

[^ 16] See 8 CFR (b)(2) for more information on submitting secondary evidence and affidavits.

[^ 17] See 8 CFR (b)(8)(ii).

[^ 18] See 8 CFR (b)(8)(iii).

[^ 19] See 8 CFR (b)(5).

Sours: https://www.uscis.gov/policy-manual/volumepart-a-chapter-4

Checklist of Required Initial Evidence for Form I (for informational purposes only)

Checklist for Principal Applicants 

Did you provide the following?

  • Two passport-style photographs;
  • A copy of a government-issued identity document with photograph;
  • A copy of your birth certificate. If it is unavailable or does not exist, provide other acceptable evidence of birth such as church, school, or medical records, and proof of unavailability or nonexistence, if applicable;
  • Inspection and admission, or inspection and parole documentation (unless applying for adjustment under INA (i)). For more information or examples, please refer to the form instructions;
  • Documentation of immigrant category, such as a copy of Form I, Approval or Receipt Notice, for the immigrant petition (unless you are filing your Form I with the petition, such as Form I);
  • Evidence you continually maintained a lawful status since arriving in the United States (or that you are exempt under (k) from the INA (c)(2), (7) and (8) bars);
  • Confirmation of job offer (on Form I Supplement J, if applicable);
  • A signed statement confirming you intend to work in the occupational field specified in the Form I if you are a self-petitioner;
  • Form I, Affidavit of Support (if required);
  • Certified police and court records of all criminal charges, arrests, or convictions regardless of final disposition (if applicable);
  • Form I, Waiver of Inadmissibility (if applicable);
  • Form I, Application for Permission to Reapply for Admission into the United States After Deportation or Removal (if applicable);
  • Documentation regarding J-1 and J-2 exchange visitor status (Form I, if applicable);
  • Form I, Waiver of Diplomatic Rights, Privileges, Exemptions, and Immunities;
  • Form I, Interagency Record of Request – A, G, or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G, or NATO Status (only if you have A, G, or NATO nonimmigrant status); and
  • Form I Supplement A (if applicable).

Checklist for Derivative Applicants

Did you also provide the following? 

  • Items listed above for principal applicants (except Supplement J or signed statement for self-petitioners); 
  • A copy of your marriage certificate to the principal applicant or proof of relationship as a child to the principal applicant. If you are a spouse of the principal applicant and your marriage certificate is unavailable or does not exist, evidence demonstrating its unavailability/nonexistence and other acceptable evidence of marriage (such as church records);
  • Evidence you terminated your previous marriage (if applicable);
  • Documentation of the principal applicant’s immigrant category (unless you are filing your Form I together with the principal applicant’s Form I); and
  • Documentation of the principal applicant’s Form I or copy of the principal applicant’s Green Card (if not filing together with the principal applicant’s Form I).

Did you provide the following?

  • Two passport-style photographs;
  • A copy of a government-issued photo identity document (if available);
  • A copy of your birth certificate;
  • Documentation of your immigrant category (concurrently filed, pending, or approved Form I);
  • Disposition on criminal charges, arrests, or convictions, if available. If not available, please see the form instructions for further guidance;
  • Form I, Waiver of Inadmissibility (if applicable);
  • Documentation regarding J-1 and J-2 exchange visitor status (if applicable); and
  • Form I, Waiver of Diplomatic Rights, Privileges, Exemptions, and Immunities (if applicable).
Sours: https://www.uscis.gov/iChecklist
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Form I, Explained


What is USCIS Form I (Adjustment of Status)?


The next step in the family-based green card process after submitting Form I (Petition for Alien Relative) is to submit Form I (Application for Adjustment of Status). In the context of a marriage green card (spouse visa), the main purpose of the I is to prove that the foreign spouse is eligible for U.S. permanent residency. The spouse, whose signature is on the I, is called the “applicant.”

When the foreign husband or wife is present in the United States, it is often possible to file the I and the I at the same time (a process known as “concurrent filing”).

USCIS Form I, Adjustment of Status

In this guide you will learn:

The processing time for Form I can take anywhere from one to three years. Boundless can help you get started on your adjustment of status application right away! Learn more, or get started today.



Form I Timeline


FOrm I processing times

Processing times for Form I vary depending on your category of adjustment, and it can take a few weeks to a few years for USCIS to approve the form.

If you have filed Form I for an employment-based adjustment of status, your I must be approved first.

Form I to green card timeline

The time it takes from filing Form I to getting a green card can be anywhere from a few months to a few years, depending on your situation.

Some of the factors which affect this process include your eligibility to adjust your status. If you are applying through a family-based process, then your relationship with the U.S. citizen who has petitioned on your behalf will also affect how long things will take.

Another factor that will affect the I to green card timeline is which USCIS Service Center you applied to. You can check processing times for your USCIS Service Center you applied to for an estimate.

Expedited processing for Form I

Premium processing is not available for Form I, but you may be able to request expedited processing through the USCIS Contact Center. Make sure to have your digit USCIS case receipt number on hand so that your request can be forwarded to the correct office.

The sooner you get started on your I application, the better. With Boundless, all the required forms listed above turn into simple questions you can answer in under two hours. Get started today.


Form I Cost


The government filing fee for an I application is $1,. In some situations, the fee for an I might be lower or waived entirely (see the filing fee section of the I instructions for details).

Need more help? At Boundless, you’ll get an experienced immigration attorney to review your green card application and answer all of your questions — for no extra cost. Get started on your application today!


Eligibility


Who can file Form I?

An applicant (relative or husband or wife getting their green card) can file an I based on seven major categories (as listed on the form): family-based, employment-based, special immigrant, asylum or refugee, human trafficking victim or crime victim, special programs, and additional options. The I further divides these seven categories into 27 sub-categories for clarity.

For purposes of a marriage-based green card, only a foreign spouse who is physically present in the United States can file an I to apply for a green card. The spouse must have entered the United States on a valid visa. In addition, an immigrant visa must be “immediately available” for the spouse. This means that Form I must already have been approved (as in the case of the spouse of a green card holder) or the I and the I forms must be concurrently filed (as in the case of the spouse of a U.S. citizen).


Who Cannot File Form I?

First, relatives or spouses who are not physically present in the United States cannot file the I Second, even when they are physically present in the United States, there are some eligibility exclusions that prevent the filing of an I application.

You typically cannot file an I if:

  • You entered the United States as a crewman;
  • You entered the United States for transit purposes (i.e. on your way to another country);
  • You were admitted to the United States as a witness or informant; or
  • You are “deportable” because you were involved in terrorist activity or involved with a terrorist group.

In addition to the above eligibility exclusions, there are “inadmissibility” grounds that may prevent you from filing an I This means that you are disqualified from receiving a green card based on certain factors specific to you. These disqualifying categories include:

  • Health-related grounds (you have a disqualifying communicable disease or mental health condition)
  • Criminal grounds (you were convicted of certain specific crimes)
  • Security grounds (you are a threat to the national security of the United States)
  • Violations of immigration law or procedure (you’ve previously broken U.S. immigration laws)
  • Public charge grounds (you are likely to become dependent on public benefits)
  • Other grounds (miscellaneous grounds such as entering the United States to practice polygamy, being an international child abductor, and voting unlawfully)

Depending on the family relationship or the category of green card, “waivers” may be available to remedy some of the above grounds of disqualification.

Do you have confidential questions about how your situation might affect your green card application? With Boundless + RapidVisa, you get an independent immigration attorney who can help you understand your options. Find out more about what you get with Boundless, or start your application now.


Supporting Documents


The I application needs to be filed with supporting documents to prove that the applicant is eligible for a green card. The following supporting documents must be included with a marriage-based I application:

  • Proof that the spouse entered the United States using a valid visa, demonstrated by a copy of this prior visa and the I travel record (available here).
  • Proof of the foreign spouse&#;s nationality (copy of a birth certificate and foreign passport).
  • Proof of the sponsoring spouse’s ability to financially support the spouse seeking a green card (copy of the sponsoring spouse’s latest federal income tax returns and pay stubs)—for more details, see our explanation of the “Affidavit of Support.”
  • If the spouse seeking a green card has ever been arrested, proof that there was no conviction (certified copy of the court record).
  • The spouse seeking a green must also include a medical examination performed by a USCIS-approved doctor. You can find one in your area by using the USCIS find a doctor tool.

Secondary evidence

In the event that a required document is not available, you must submit alternative documents (officially called “secondary evidence”) so that USCIS can make a decision on your I application.

For example, if your birth certificate is not available, you can first obtain a statement from the government agency in your home country that is in charge of issuing birth certificates, certifying that your birth certificate is not available through them. You can then submit alternative documents to prove the facts of your birth—essentially, the date and place of your birth, and the names of your parents. Such documents might include baptism records, school records, or census records showing your date of birth, place of birth, and your parents’ names.

If none of the above alternative documents are available, you can submit written statements from at least two people who were alive when you were born, and have personal knowledge about the facts of your birth. These statements could be from your grandparents, uncles, aunts, or even family friends. Each statement should include the author’s full name, address, and date and place of birth; all the facts about your own birth (date, place, and names of your parents); and an explanation of how the author has personal knowledge of these facts.

The I petition is a very important step in any green card application process that’s based on a family relationship. You should think of the I as an opportunity to prove that you are eligible for a green card.

For the flat rate of $, Boundless helps you complete your entire green card application — including all required forms and supporting documents, independent attorney review, and support — from the moment your application is filed until you receive your green card. Learn more, or check your eligibility without providing any personal or financial information.


I Commonly Asked Questions


  1. Where do I file Form I?

Where you should mail your I application depends on where you live and your category of adjustment. USCIS provides a chartwith all the different scenarios.

2. What is the difference between Form I and Form I?

If you are helping a relative apply for a green card, Form I (“Application for Adjustment of Status”) is the second step in the family-based green card process after submitting Form I (“Petition for Alien Relative”). If you are the spouse, parent or unmarried child under the age of 21 of a U.S. citizen, you can file these two forms at the same time.

Form I can also be useful for other types of green card applications. Since the purpose of Form I is to adjust your status, it can also be used if you have already entered the United States either with a valid visa or through the Visa Waiver Program, oor if you are eligible to apply for a green card through a job offer or on humanitarian grounds.

3. Can Form I be filed online?

You must file Form I via mail to a USCIS service center. If you and your relative are filing Form I and Form I together, you can still file Form I online, but you must physically send Form I to the correct USCIS Service Center.

4. Can I file Form I from outside the U.S.?

Your spouse or relative must be physically in the United States to file Form I If they are outside the United States, then they may be eligible to apply using consular processing.

5. Can I travel while my I is pending?

If you need to travel outside of the United States while your I is still being processed, then you will need to file Form I (“Application for Travel Document”). If you travel without this, USCIS may believe that you have abandoned your I application and reject it.

Sometimes, you can file Form I and Form I (“Application for Employment Authorization”) together, either with your I application or afterwards. USCIS will process these together and give you a combined work and travel permit. This is officially called an Employment Authorization Document (EAD)-Advanced Parole card. This card will allow you to travel outside the United States and also work while you wait for your green card application to be processed.

6. How can I check the status for my Form I application?

You can check the status of your I application online or over the phone. In both cases, you will need your digit USCIS case receipt number. You can find this number on any correspondence you have had with USCIS.

7. What if my I gets denied?

Form I can be rejected for any number of reasons. Sometimes, it may be denied because some of the required documents were missing. If your I is denied, you may be able to appeal the application. You can also choose to restart your application. However, to make things easier and avoid this happening, you can reach out to Boundless for help with your green card application.

8.  Will filing Form I allow me to work?

If you have filed Form I and you wish to work while your green card application is still pending, then you will need to apply for a work permit, or an Employment Authorization Document (EAD).

To do this, you will need to file Form I You can send this form at the same time as you file Form I, or at any time while your application is still processing. In most cases, your work permit will be processed in less than 12 months, and you can begin working as soon as you receive it.

Since the work permit is valid for a year, sometimes you may need to renew it while still waiting for your green card to be approved. If this happens, you can submit a new Form I

If your relative has filed Form I but you’re not eligible to apply for a green card yet, you cannot apply for a work permit.

9. As a spouse or fiancé(e), can I use Form I?

If you are the spouse of a U.S. citizen and have lawfully entered the United States, you can file Form I to adjust your status and start your journey towards becoming a green card holder.

If you are the fiancé(e) of a U.S. citizen, you can file Form I if you entered the United States on a K-1 nonimmigrant visa and married the same U.S. citizen who filed Form IF, (Petition for Alien Fiancé(e)) for you within 90 days of arriving in the United States. Once you are married, USCIS considers you to be an immediate relative, and you can apply for a marriage-based green card.

When should I file Form I?

If you are applying for a marriage-based green card, you can file Form I at the same time that your U.S. citizen spouse files Form I You can also do this if you are an immediate relative of the U.S. citizen who is filing Form I on your behalf, for example, if you are the parent of the petitioner, or you are their unmarried child and you are younger than 21 years old.

If you are applying for a family-preference green card or an employment-based green card, sometimes a visa may not be immediately available. In this case, you will need to wait after USCIS has approved the Form I petition, and an immigrant visa number is available. You will be able to track this on the monthly visa bulletin published by the U.S. Department of State.

 Can I still file Form I if I have a criminal record?

When you file Form I, USCIS may request biometric information to confirm your identity and run a background check.

As the beneficiary, you will also need to answer questions about your criminal history, both inside and outside the United States. If you have a criminal record, things may get complicated, but it does not necessarily mean your green card application will be denied.

What is the IJ?

If you have filed Form I to adjust your status through an offer of employment but wish to change jobs, you may still be eligible to apply for an adjustment of status through your new role, if the new job is similar.

To request job portability, you can file Form I Supplement J, which will require both you and your new employer to submit information. You should file this at the same location where you filed Form I

 What is the difference between Form I and consular processing?

Form I is used when the person who is applying for their green card is already in the United States. If they are outside the U.S., then they may find it more convenient to apply for a green card through consular processing. While eligibility requirements for both are similar, both processes are quite different, with separate forms and costs involved.

Boundless can help you consider your options and answer any questions you might have about which route to take. Get started today!



Sours: https://www.boundless.com/immigration-resources/form-iexplained/
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Incorrect/Unavailable Birth Certificate for Green Card?

Birth Certificate, unavailable or incorrect?

Birth certificate is required for many Immigration and Green Card related matters. There are many people with either no birth certificate, or with an incorrect birth certificate. What to do?

How to rectify incorrect/missing information in the birth certificate?

An notarized affidavit with the correct information is required from any of the parents (preferably mother). In case they are no longer alive, then any close relative older than you can provide this affidavit.

The affidavit can also be notarized in USA, if your parents are here.

Make sure to include the following in the affidavit:

  • Parent's full name
  • Parent's date of birth
  • Parent's place of birth
  • Parent's date of marriage
  • Applicant's full name
  • Applicant's date of birth
  • Applicant's place of birth

What if Birth certificate is not available?

In cases where the birth certificate record is unavailable from the authorities, then a sworn affidavit by either of the parents is required. In parents are no longer alive, then any close relative (like uncle, or a close family friend) older than the applicant may provide such affidavit.

This affidavit must be accompanied with a certificate of Non availability or No record of the birth certificate from the concern distt. office/government authority.

If the affidavit is provided by the relative, it must state the relationship with the applicant, how well the person/deponent knows the applicant, date and place of the applicant's birth, names of both the parents, and any other related facts.

Requirements in brief:

  • Non Availability Certificate from the Municipality/Government authority of the place where the applicant was born. It should state/confirm that the birth record/certificate does not or no longer exists.
  • Affidavit.

Note: This affidavit does not have a unique format identified by INS, hence different attorneys may have different layouts.

A sample affidavit (by Applicant's mother)


AFFIDAVIT

I, (mother's) last name (maiden name) first name, wife of (spouse) last name first name, being duly sworn, do depose and make the following statements:

  • I was born in place of birth, State, Country on Date Of Birth.
  • I am married to (spouse) last name first name on date (of their marriage).
  • I am the mother of (your) last name first name and (your father's) last name first name is his/her father.
  • (Your) last name first name was born on date (of birth in MM/DD/YYYY) at time (of birth am/pm) in City, State, Country.

Signature:

Date:

N O T A R Y



See Sample Affidavit of birth certificate by parents

What do I do if I have a Birth Certificate in a language other than English?

You are required to translate it into English. Two ways to get it done.

  • Can be done through a professional translator/services.
  • Anyone who is fluent in the language and who is not benefiting in any way from the petition can translate it.

It must state the below:

I, (translators name), certify that I am competent to translate from (name of native language) to English and hereby certify that the above information is a true, complete and accurate translation of the attached original document.

Signature of translator.

Date:

[Typed full name, address, & phone number of translator.]


Tips

  • In few cases, where the parents are not alive, you may be required to provide 2 separate affidavits from two different persons.

Note: The attorney who is handling your case should also be able to provide more information and advise on this matter.

Sours: https://www.path2usa.com/

Certificate birth i 485

Adjustment of Status &#; Explained

Adjustment of status is the legal process that allows foreign nationals to apply for a U.S. permanent resident card, commonly known as a green card. This allows petitioners to apply for a green card without returning to their country of origin to complete visa processing.

Matters of U.S. immigration law can be difficult to understand, especially if English isn’t your native language. Unfortunately, errors or missing information can lead to setbacks or a rejected application. Learn more about how to apply for adjustment of status and your eligibility.

blank form I application to register permanent residence adjust status

What Is Adjustment of Status?

Adjustment of status is a pathway to U.S. permanent residence, the immigration status of U.S. green card holders. Specifically, adjustment of status is the process for people who are applying for this status change from within the United States. If you live outside of the U.S., you will apply for permanent residence through consular processing.

Who Is Eligible to Apply for Adjustment of Status?

Adjustment of status (AOS) may grant a green card to people with legal status granted by a temporary visa. This may include anyone with a:

  • Student visa
  • Tourist visa
  • Business travel visa

You may also be eligible to apply for AOS through other categories, including:

Green Card Through Family

You may apply for adjustment of status if you have a green card through family eligibility. Relatives of current U.S. citizens may be eligible for a U.S. green card, including:

  • Immediate relatives of U.S. citizens (spouse, unmarried child under age 21, parent of U.S. citizen who is at least 21 years old)
  • Other relatives of a U.S. citizen or permanent resident
    • Family of U.S. citizen including son or daughter child 21 years or older, married son or daughter, brother or sister who is at least 21 years old
    • Family of a permanent resident including spouse, unmarried child under 21 years, married son or daughter 21 years or older
  • Fiancé(e) of a U.S. citizen or the fiancé(e)’s child
  • Widow(er) of a U.S. citizen
  • Abused spouse, child or parent of a U.S. citizen or lawful permanent resident

Before you can file for AOS of a family-based green card, your relative will need to file the I, Petition for Alien Relative.

Green Card Through Employment

If you have a job offer in the U.S. or are an investor, you may qualify for a green card through employment. To qualify for a green card through employment, you must have an extraordinary ability in science, art, education, business, or athletics. There are three preferences in this category:

  • First preference
    • You have extraordinary ability in the sciences, arts, education, business or athletics
    • You are an outstanding professor or researcher; or
    • You are a multinational manager or executive who meets certain criteria.
  • Second preference
    • You are a member of a profession that requires an advanced degree; or
    • You have exceptional ability in the sciences, arts, or business; or
    • You are seeking a national interest waiver.
  • Third preference
    • You are a skilled worker (meaning your job requires a minimum of two years training or work experience); or
    • You are a professional (meaning your job requires at least a U.S. bachelor’s degree or a foreign equivalent and you are a member of the profession); or
    • You are an unskilled worker (meaning you will perform unskilled labor requiring less than two years training or experience).

Doctors who agree to work full-time in clinical practice in designated underserved areas qualify for the Physician National Interest Waiver.

Immigrant investors must invest at least $1 million (or $, in a targeted employment area) in a new commercial enterprise in the U.S. which will create full-time positions for at least 10 qualifying employees

Once you determine that you’re eligible, you will need to file an immigrant petition or have your employer file one on your behalf. In the case of an employment-based green card, you will file the I, Immigrant Petition for Worker.

Who Cannot Apply for Adjustment of Status?

Not all foreign nationals can apply for a green card through adjustment of status, even if they currently live in the United States. Ineligible parties include:

  • Undocumented immigrants
  • S visa holders who enter the U.S. as a witness or informant
  • Anyone traveling through the U.S. to a different country

Furthermore, anyone who may be deported cannot file for adjustment of status. For example, anyone involved in a terrorist group is ineligible.

Documents Required Before Filing to Adjust of Status

The number of documents needed will vary, but these are the documents that every applicant needs:

Photographs 

You must submit two recent identical color passport-style photos of yourself. U.S. Citizenship and Immigration Services (USCIS) requires the photos to be on a white to an off-white background, printed on thin paper with a glossy finish, and be unmounted and un-edited. 

The photos must be 2&#;2 inches. Those photos must be in color with a frontal view of your entire face. You cannot be wearing anything on your head unless required for religious reasons. Using a pencil or felt pen, you must add your A-Number on the back of the photo.

Government Issued ID

Everyone who submits Form I, Application to Register Permanent Residence or Adjust Status, should also send in a photocopy of a government-issued ID that has their picture on it. This is typically a passport or similar document, even if the passport is expired. USCIS will accept other government-issued IDs such as a driver’s license or military identification.

Birth Certificate

Most I applicants must also submit a copy of their birth certificate issued by the appropriate civil authority from the country of their birth. USCIS will only accept a long-form birth certificate that lists at least one parent.

If your birth certificate is not available or does not exist, you must prove that fact to USCIS. You will also be required to provide other evidence of birth. The U.S. Department of State has a list of countries and what types of documents they offer.

Inspection and Admission or Parole

Most Form I applicants must submit copies of a document showing they got inspected by an immigration officer and either admitted or paroled into the United States. USCIS states you can prove this by presenting copies of:

  • Passport page with admission or parole stamp issued by an immigration officer
  • Passport page with nonimmigrant visa
  • Form I Arrival-Departure Record

USCIS will accept secondary evidence if one of the primary documents listed above is unavailable. The documents must have been maintained in the ordinary course of business by any individual or organization other than the Department of Homeland Security (DHS).

Additional Documents for Adjustment of Status 

The documents listed below won’t apply to every applicant, but they can depend on your situation when filing: 

  • Documentation of your immigrant category: As part of your Form I application, you must prove you’re eligible for a green card in a particular immigrant category. This can typically get established with a copy of Form I, Approval Notice, or Receipt Notice for your petition.
  • Marriage certificate and other proof of relationship: If you’re filing Form I as the spouse of the principal application, you must typically submit a copy of your marriage certificate. If either party in the marriage was previously married, USCIS requires you to submit evidence showing all earlier marriages were legally ended.
  • Evidence of continuously maintaining a lawful status since arriving in the United States: This is required for immigrants in many categories, including family-based, employment-based, special immigrant religious workers, Diversity Visa Lottery winners, and others. Several documents can help you prove you maintained lawful status.
  • Affidavit of Support/confirmation of bona fide job offer: One of the goals of USCIS is to admit people who will not become dependent on government assistance. USCIS will require an affidavit of support from either an employer, relative, fiancé(e), or an employment-based visa if the business is at least 5% owned by a relative.
  • Evidence of financial support: This requirement has relation to the above. To demonstrate financial support, you will likely need to complete Form I, Affidavit of Support. Most family-based applications and some employment-based green card applications will be required to complete Form I
  • Report of medical examination and vaccination record: Nearly all green card applicants will have to undergo a medical examination to ensure there are no health concerns. The exams have to be done by a USCIS approved civil surgeon. These exams do not have to be done when you send in your green card application but do require an appointment. 
  • Certified police and court records of criminal charges, arrests, or convictions: USCIS requires all applicants to report any criminal charges, arrests, or convictions you may have on your record, even when you were a minor. In most cases, you do not need to submit information relating to traffic violations that didn’t involve a physical arrest and if the penalty was less than $ or points on your driver’s license.
  • Waiver of inadmissibility: Certain immigrants can be inadmissible to the United States. Inadmissibility can be determined for several different reasons. There is, however, a way to become admissible through form I, Application for Waiver of Grounds of Inadmissibility. 

Remember, not all of these documents may be necessary for your application. Always double-check to make certain that you aren’t forgetting any critical pieces of information before you file. 

What If I Don’t Have Required Evidence? 

According to USCIS, if you cannot submit primary evidence (birth certificates, marriage records, etc.), you can send in what’s called secondary evidence. This type of evidence can include school or church records, but along with that, you must send in a reason why the primary evidence is not available.

If no secondary evidence is available, you may submit written statements.

According to USCIS, any statement should explain in detail: 

  • When and where you came into the United States
  • What documents you had
  • Whether you showed them to the immigration inspector
  • Any questions the immigration inspector asked
  • Any other details about your claimed admission or parole

The written statements must be signed under penalty of perjury and may come from yourself or from any other individuals who have personal knowledge of the circumstances of your claimed admission or parole.

How Do You File for Adjustment of Status?

U.S. residents with legal temporary visas may file for a green card using Form I, Application to Register Permanent Residence or Adjustment of Status. A green card petitioner can also file a request for a work permit and advance parole. This will allow you to work in the U.S. and travel while you await a decision on your application.

What Happens After You File for Adjustment of Status?

After you submit Form-I, USCIS will schedule a biometrics appointment. You will receive notice by mail detailing the location, date, and time of your appointment. A USCIS officer will collect your fingerprints, take your photograph, and ask for your signature. 

USCIS will also conduct a background check. Depending on the information collected up to this point, you may also be asked to attend an interview. You will swear an oath and answer questions about your application or your eligibility for a green card.

If any more information is required to support your application, USCIS will send you a formal request for evidence. Be sure to mail your additional evidence together in one document packet. If your application for adjustment of status is approved, you can expect to receive a letter notifying you. Finally, your green card will be sent to you.

How Much Does It Cost to Apply for Adjustment of Status?

For most applicants, the adjustment of status application fee is $1, Some exceptions may reduce the fee, including age and refugee status. See the USCIS fee chart below for more details.

The I filing fee does not include the fee for the immigrant petition. The filing fee for the I, Petition for Alien Relative is $ and the filing fee for the I, Immigrant Petition for Alien Worker is $

If You Are…Form FeeBiometricServices FeeTotal
Under 14 and filing with the Iapplication of at least one parent$$0$
Under 14 and not filing with the Iapplication of at least one parent$1,$0$1,
Age 14 – 78$1,$85$1,
Age 79 or older$1,$0$1,
Filing Form I based on having been admitted to the United States as a refugee$0$0$0

How Long Does Adjustment of Status Processing Take?

It can take several months to several years to get a green card through adjustment of status. Several factors determine the processing time of applications, most importantly your green card category.

While there is an unlimited number of green cards issued every year to immediate relatives of U.S. citizens, other categories have an annual cap. To get an accurate processing time of your case, you should contact USCIS.

Can I Stay in the US While Waiting for Adjustment of Status?

Depending on your method of filing for adjustment of status, you may be waiting a long time. Your visa may expire while you wait for your application results. You can stay in the United States while your application processes.

Get Help Filing Your Adjustment of Status Today 

If you need assistance filing your adjustment of status to get your green card, please contact the experts here at FileRight today. With a free eligibility quiz, we can help determine what you need to get started on your path to permanent residency. Don’t hesitate to reach out to us to learn more about how we can help you. 

Sours: https://www.fileright.com/blog/documents-required-adjustment-of-status/
Birth certificate for USCIS. All you need to know

Birth Certificate with Form IEvidence of birth is essential for most adjustment of status and immigrant visa applications, the two processing paths for a green card. Although there are exceptions for asylees and refugees, applicants generally must submit a foreign birth certificate (if available) with Form I, Application to Register Permanent Residence or Adjust Status or the DS However, some governments or local civil authorities in certain countries didn&#;t issue official birth certificates at the time of your birth. In these cases, it’s still vital to submit alternative evidence of birth with your green card application. Here&#;s how.

Birth Certificate Requirements

U.S. Citizenship and Immigration Services (USCIS) and Department of State have specific requirements with respect to the format and content of birth certificates. Birth certificates that do not meet these specifications may not be adequate to satisfy the evidence of birth requirement. Generally, an acceptable birth certificate must be issued by the appropriate local government agency or civil authority, be in full-form (and not an excerpt or short-form), and contain the all of following information about the applicant and his or her parents:

  • Full name at birth
  • Date of birth
  • Place of birth
  • Full name of both parents
  • Name of issuing government body
  • Date of issuance
  • Seal or other certification

If your birth certificate does not meet these requirements, you may also need to obtain additional evidence of your birth. You may be able to use a birth affidavit.

RECOMMENDED:Sample Affidavit of Birth

When filing Form I, you may submit a photocopy of an original or certified copy of your birth certificate. However, we highly recommend that you take an original or certified copy of the birth certificate to the adjustment of status interview. The immigration officer may request to see it at that time.

Did you know minor mistakes on your Form I application can cause costly delays and rejections? Prepare your I quickly and correctly with CitizenPath. The attorney-reviewed software guides you through the application and provides help to answer questions like this one. And personalized filing instructions help you to file your application today knowing that you did everything right! No credit card or signup required to try it. Get started now >>

Birth Certificate Not Available

If your birth certificate is unavailable or does not exist, you must prove its unavailability or nonexistence and provide acceptable alternative evidence of birth.

STEP
1

Check for Availability of Birth Certificates

First, check with the Department of State to see if birth certificates are known to be unavailable or nonexistent in your country of birth. Click the button below to start your search.

Search Country of Birth

If this web page shows that birth certificates from your country of birth are generally unavailable or nonexistent, you do not need to do anything to prove that your birth certificate is unavailable or nonexistent. Skip to Step 3.

STEP
2

Get a Certificate of Non-availability

If the State Department website does not show that birth certificates from your country of birth are generally unavailable or nonexistent, you must submit a certificate of non-availability. These letters must be:

  • An original written statement from a civil authority on official government letterhead;
  • Establish the nonexistence or unavailability of the document;
  • Indicate the reason the record does not exist; and
  • Indicate whether similar records for the time and place are available.

You’ll need to submit this original document along with alternative evidence of birth. Continue to Step 3.

STEP
3

Provide Alternative Evidence of Birth

When your birth certificate is not available or does not exist, you must submit other acceptable evidence relating to the facts of your birth, such as religious or school records, hospital or medical records, affidavits of birth, or similar evidence. Some examples include but are not limited to a baptismal certificate, school registration with birth date, and census records. (The State Department website mentioned above may provide additional insight on acceptable documents generally available in your country.) If submitting only affidavits of birth (and no other alternative evidence), submit at least two affidavits of birth with Form I

For detailed information on having family members write an affidavit, view Affidavit of Birth for Adjustment of Status.

RECOMMENDED:USCIS Acceptance of Late Registered Birth Certificates

Source: USCIS

Sours: https://citizenpath.com/faq/evidence-birth-green-card/

You will also be interested:

If an adjustment of status applicant cannot produce an original or certified copy of a birth certificate, he or she will need to submit alternative evidence of birth. (The applicant may also need a certificate of non-availability. For a detailed explanation, see our article on submitting evidence of birth when no birth certificate is available.) In the absence of any secondary evidence such as church, school, hospital or medical records, two affidavits of birth may be submitted with Form I This article describes the requirements for an affidavit and includes a sample affidavit of birth.

RECOMMENDED:I Checklist for Family-Based Applications

Birth Affidavit Requirements

U.S. Citizenship and Immigration Services (USCIS) as well as the Department of State have strict requirements for affidavits of birth. In order for an applicant to meet the burden of proof, the immigration officer will examine the birth affidavit for its probative value and credibility. For these reasons, an affidavit of birth should meet these requirements:

  • State the applicant’s full name, place of birth, date of birth, and the full names of both of the applicant’s parents.
  • Include the full names of both parents of the applicant regardless of who writes the affidavit. For example, if an uncle executes an affidavit for you, his affidavit must list both of your parents’ names.
  • State how the writer knows of the applicant’s birth. For example, your mother should state that she knows your date of birth because she gave birth to you. Your uncle or another family member may indicate they were present for the birth at the hospital.
  • Write out dates with month, day and year. For example, use “May 10, ,” instead of “5/1/”
  • List the first, middle and last name of each person whose name appears in the affidavit. This includes the applicant, the person signing the affidavit and both of the applicant’s parents’ names. Do not use initials even if this is your country’s naming custom.
  • Ensure that the names listed in the affidavit appear exactly as they do in the adjustment of status forms.
  • State the mother’s name as her current married name. Her name before marriage (or maiden name) should follow in parenthesis. For example, Jennifer Marie Williams (maiden name Eckerson).

Who Can Write an Affidavit

The person who writes an affidavit is an “affiant.” Affiants may be relatives of the applicant and do not have to be U.S. citizens. It’s very common for parents to write affidavits for the applicant. However, any individuals who were alive at the time of the applicant’s birth and were aware of the birth may act as the affiant. There is an important exception – the affiant may not be submitting an application for permanent resident at the same time. For example, the parents of an applicant may not act as affiants if they too are submitting Form I to adjust status.

Did you know minor mistakes on your Form I application can cause costly delays and rejections? Prepare your I quickly and correctly with CitizenPath. The attorney-reviewed software guides you through the application and provides help to answer questions like this one. And personalized filing instructions help you to file your application today knowing that you did everything right! No credit card or signup required to try it. Get started now >>

Sample Affidavit of Birth

In this sample affidavit of birth, the affiant is the person who has first-hand knowledge of the birth and the applicant is the person submitting Form I If you are using our template, you’ll need to modify it to your specific situation.

 
Please note that there is more than one way to write an affidavit. Although there are requirements as described above, various attorneys may have their own preferences on how to write the affidavit of birth.

RECOMMENDED:Forms and Documents to Submit with Form I

Source: USCIS

Sours: https://citizenpath.com/faq/sample-affidavit-birth/


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