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Old 04-19-2015, 09:31 PM
The Alchemist The Alchemist is offline
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Priority Date
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Apr-09
Category
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EB2
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Chargeability
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India
Processing Stage
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I-485
I485 Mailed Date
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01/31/2012
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Post General Instructions for Filing AOS

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IMPORTANT DISCLAIMER:
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By reviewing or reading the following document, you agree that you have read and understand the following disclaimer:
The information provided in this document is of a general nature and may not apply to any particular set of facts or to all circumstances. It should NOT be construed as legal advice. You should not rely solely upon information provided in this document. You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing. The information provided was pertinent at the time of publication, but may become outdated. We are not responsible in any way for any outdated materials.

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Filing Adjustment Of Status (AOS)

Filing AOS is an exhaustive process. Preparation is the key to success. Therefore, it is wise to invest your time to prepare all the documents for yourself and each of your family member filing AOS.
  1. General Instructions:
    • You are eligible to file for AOS if your priority date is current and you have an approved I-140 or you are planning on filing I-140 & I-485 concurrently
    • A separate AOS (I-485) form must be completed for EACH applicant
    • A separate I-765 (Work Authorization Card i.e. EAD) and I-131 (Advance Parole) could be applied for each applicant when filing AOS
  2. Forms typically required:
    All forms are available on the USCIS website. Please note that any applicant over 14 years of age must sign his/ her own forms. Please carefully read the instructions provided with each of the forms on USCIS website. In most cases, following forms are filed:
    • I-485: Application to Register Permanent Residence or Adjust Status.
    • G-325A: Biographic Information
    • I-765: Application for Employment Authorization (EAD)
    • I-131: Application for Travel Document (AP)
    • I-693: Report of Medical Examination and Vaccination Record
    • I-864: Affidavit of Support, required if filing for dependents
  3. Filing Fees:
    Link to Current Fees on USCIS
    • USCIS accepts personal checks, but NO credit cards
    • All checks to be made payable to “Department of Homeland Security
    • A separate check must be submitted for each applicant.
  4. Copy of Form I-94 (Arrival/ Departure Record):
    Provide a copy of most recent Form I-94 (Arrival/Departure Record) of each applicant. This used to be a little rectangular white card usually stapled to your passport. DHS has since switched to electronic I-94, which can be obtained from https://i94.cbp.dhs.gov/. If you still have a paper I-94, please give only a COPY to the USCIS when submitting AOS application. When inside the U.S., ALWAYS retain the original I-94 with you.
  5. Proof of Continuous Lawful Presence in the US:
    Provide a copy of evidence that each applicant has not overstayed during the entire period of any U.S. stay, including copies of:
    • Approval notices (I-797) indicating approval of H-1/H-4/J-1/other visa status
    • Form I-20 (if applicants were ever in F-1/F-2 status)
    • Employment Authorization Document (EAD) if applicant ever received one, etc.
  6. Passport Pages:
    Legible COLOR COPY of every page (including blank pages) of each applicant’s entire passport and including front and back covers must be provided. Passport must be current and not expired. If passport is close to expiring, you may want to renew keeping in mind that the renewal process must take some time. Additionally, you may also need legible color copies of all pages of all expired/ old passports ever issued in any applicant’s name.
  7. Birth Certificate:
    Copies of Birth Certificate (showing the applicant's full name along with the full names of both parents) issued by civic authorities like municipality or magistrate (Example: List of Municipal Corporations in India) for each applicant are required.
    • If Birth Certificates are not available, Certificate of Non-Availability and two Affidavits of Birth for each applicant MUST be provided. A Certificate of Non- Availability is a statement from the municipality/magistrate of your birth city indicating that a birth certificate is not available. In addition to the Certificate of Non-Availability you need to provide two (2) Affidavits of Birth. The two affidavits may be provided by someone older than you, preferably parents, aunt, uncle, grandparents, etc., who have known you since your birth and can vouch for your date of birth. See (Questions and Answers on How to file Adjustment Of Status)SAMPLE.
    • If the Birth Certificate is not in English, the applicant must submit a certified (no need for notarization) translation of the document by a translator that is not linked to the AOS application. Tip: The translator can also be someone known to you who is fluent in both languages. Refer to USCIS for a suggested certification format. See (Questions and Answers on How to file Adjustment Of Status)SAMPLE
    • If your Birth Certificate is incorrect or does not match your passport, a self-notarized affidavit with the correct information is required from any of the parents (preferably mother) or another older relative such as grandparents, etc.
      An Affidavit is a statement under oath and need NOT be notarized provided the Affidavit contains the following signed self-attestation clause:
      • "I hereby declare under penalty of perjury pursuant to the laws of the United States of America (28 U.S.C. 1746) that the foregoing is true and correct."
  8. Marital Status:
    A copy of ALL the appropriate family relationship evidence for each applicant (most importantly marriage certificate issued by the registrar of marriages where the marriage took place) should be provided. Include evidence of the appropriate family relationship (including copies of marriage certificates, divorce decrees, death certificates) if any applicant was previously married.
    PLEASE NOTE: you must provide a complete set for each applicant of the appropriate family evidence to be included with the application of each family member. Please give only a COPY for the USCIS, keep the originals with yourself.
    A Marriage certificate should be in English. If your Marriage Certificate is in a different language, please submit a certified translation of the document by a translator that is not linked to the AOS application.
  9. Evidence of CURRENT Financial Support:
    Minimum evidence to be provided may include:
  10. Photographs:
    For detailed photograph requirements, refer page 3 of USCIS I-485 Instructions document
  11. Medical Examination Related to Form I-693: Review the next post for details on Medical Examinations (Questions and Answers on How to file Adjustment Of Status)

Last edited by The Alchemist; 04-25-2015 at 01:24 AM.
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