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FAQ

What do I fill out as the "current USCIS status" on form i-485?
The I-485 form was updated in June 2021?Here is a guide on how to fill out the latest I-485.
In what ways does form I-130 affect the chance of getting form I-765 approved by the USCIS, since I-765 is related to form I-485 when filing for a green card?
I think you are confusing yourself with the purpose of each petition type. I-130 is the immigrant petition for an Alien Relative by a US Citizen or a Permanent Resident. This is the first step where you are seeking an approval from USCIS to QUALIFY a relative to immigrate to the US. Once USCIS approves the petition, you will have to file the I-485 petition to adjust the beneficiary's status. I-765 allows you to simulataneously apply for temporary work privileges while the I-485 application is pending. Based on special directives from USCIS, some immigrant petition categories can file the I-130, I-485 and I-765 concurrently if the beneficiary is already in the US legally on another non-immigrant visa.Here are the general instructions posted on the USCIS website on who qualifies for filing an I-765 -https://www.uscis.gov/system/files_force/files/form/i-765instr.pdf?download=1So to answer your question, I-765 is not an automatic benefit of filing I-130. The I-130 needs to be approved first before you can petition USCIS with the I-765 when you file an I-485. In the case you filed all of the above concurrently, USCIS will not adjudicate until the decision for the I-130 is reached.Good luck.
After filing form I-485 adjustment of status (son of US citizen over 21 yrs) on average how long does it take for USCIS to change status to pending?
Your wait time for the I-130 depends on your category (son over 21 years). However, if you are ready for an I-485, then your I-130 must have been approved.USICS Processing Times:The wait time for the I-485 depends on the office where it is being processed. You can use this USCIS website to find your regional office and their respective wait times.Case Status Tracker:You can also check your case status number from the I-797 you received from the USCIS here. If you haven’t filed the I-485 yet and need guidance, check out this step by step guide. Good luck?
My wife and I filed a form 1-485 for Adjustment of Status for the USCIS but we haven't received our NOA1 yet. We are moving out of state. Do I change my address through mail or online?
Change your address on the USCIS web site.File an address change mail forwarding request with the post office. Give your new address to the new occupants of your residence and some preload envelopes with your new address.Despite all this it is possible will miss your noa1 and biometrics notice.
What is the process under the hood when you send the I-485 application? Does USCIS look through every page before sending out the receipt?
Form I-485 Process -When you send Form I-485 to the USCIS, they will first review it to make sure that there are no fatal errors (i.e. no signature, missing pages, etc)If everything is correct, they will cash the checks and being to process the application.Throughout the application process, they may need additional evidence. For example, if your sponsor makes below 125 percent of the federal poverty line or if their financial affidavit is unclear, the USCIS may mail you a letter or Form I-797, a request for additional evidence (RFE). This is a normal part of the process and happens to many application, so don’t be worried. You should, however, take them very seriously. If you submit your RFE response packet incorrectly, your I-485 will be rejected and you will have to start over.Once the forms have all the required evidence, the applicant will be required to go to their local USICS office for the biometrics appointment. This is a short appointment where your fingerprints and photos will be taken.After this, you will have your interview. Here a USICS officer will give your I-485 one last looks. If all is well, they will approve your case, and you will get your green card shortly? Congrats?Note: Make sure to fill out your application correctly and accurately to avoid REFs and rejection. Here is a step-by-step guide on how to fill out the I-485.
Green Card: When a foreigner gets married to an American in the U.S., what's the timeline of rights/privileges?
Being married to an American does not itself grant you and rights or privileges or freedom from deportation.It is filing for a green card based on the marriage that will start a process that may grant you those rights and privileges.If your case is simple and you don't have any special complications, you do not necessarily need a lawyer. There are many detailed guides and discussion communities on the Internet that can help you to do it yourself.The basic process for filing for a green card for a U.S. citizen's spouse who is already in the U.S. and who originally entered legally (regardless of whether they overstayed) is to file I-130 and I-485 (and optionally but usually also I-765 and I-131) at the same time. The I-130 is the petition by the citizen, and I-485 is the spouse's adjustment of status; you can concurrently file them since there is no quota for immediate relatives of citizens, and so a visa number is always available. The I-765 is the application for employment authorization; and the I-131 is the application for Advance Parole, which allows you to leave the country and come back without abandoning your application.If the spouse has overstayed their visa, then try not to get deported before you file the applications. Overstay won't be a problem for the spouse of a citizen for the green card application.You will usually get the EAD (employment authorization) and AP (ability to leave the country) sooner than the green card itself. I've heard that the EAD/AP often comes in 2-3 months, while the green card might take many more months.Even with Advance Parole, there is still some risk in leaving the country and coming back, so don't count on it.----Disclaimer: I am not an immigration professional.
Can I file I-765 along with I-485?
Yes? I filed my I-765 and I-131 (travel document) altogether with my I-485 application. This way, it’s more efficient? Also, you can save on the application fees? If you submit these two separately later, you will have to pay extra $410.00 for form I-765 and $575.00 for form I-131.Check out this article for more details on how to concurrent file these forms: DIY I-485 Adjustment of Status (2021 February)Thank you,Evelyn
What is I-485?
The I-485 is a USCIS form for an immigrant to adjust status. Adjustment of status is the process where a temporary visitors to the United States (such as students, tourists, etc.) can become lawful permanent residents (green card holders). The from I-485 allows the immigrant to become a lawful permanent resident without ever leaving the U.S. The I-485 is generally filed after a US citizen has filed an I-130 petition and that petition has been approved.If you need to fill out an I-485, check out these instructions. They provide a step-by-step guide.
I am currently working under an H1B visa and would like to get a green card through my employer. What is the process?
The process of obtaining an employment-based green card is the same whether you currently have an H1b or not. There are three steps:1. Permanent Labor Certification Application. This step is about the job itself. The point of this step is to prove to the department of labor that there are no qualified US workers who can fill the position, and that the terms of your employment are not going to drive down wages or otherwise harm US workers. In this step, your employer goes through certain steps like placing an ad for the job in the newspaper and on a job search website to prove that he was unable to find a qualified US worker to fill your position. The employer also has to get a determination of what the "prevailing wage" for your job is, and has to commit to pay you at least this much. Once he has completed these and a few other preliminary steps, the employer can file the Labor Certification Application with the Department of Labor.2. I-140 Petition. This step is about the relationship between you and the employer. Once you have an approved Labor Certification Application, your employer can then file the I-140 petition. This step is where your employer formally petitions USCIS to allow him to hire you for this particular job. In this step USCIS will scrutinize the job and whether it fits into the categories of jobs for which green cards can be issued. It will also look at your qualification to make sure you qualify for the job.3. I-485 Application. In the third and final step, you the employee apply for a green card. This step focuses on you personally and whether there is any reason you should not be granted a green card. (Do you have a criminal history, immigration violations, communicable diseases, etc.) If there is no wait list in your job category and nationality category, this step can be completed concurrently with step 2, the I-140. If there is a wait in your category, however, you will have to wait to complete step three until your I-140 is approved and your priority date is current.Huge perk of having an H1b in this situation: as an H1b holder, you can get unlimited extensions of your H1b for as many years at it takes to complete your green card application under certain circumstances, namely if you have an approved I-140 but your priority date is not current, or if your Labor Certification Application has been pending for a year. These "extensions" may be available if you had H1b status in the past, even if you are not currently in H1b status and even if you are not currently in the country. You should talk to an immigration attorney to see if this is possible in your situation.