If you are applying for a family-preference green card or an employment-based green card, sometimes a visa may not be immediately available. Promotion / Transfer with Current GC-Sponsoring Employer Generally Allowed. Make sure to have your 13-digit USCIS Form I-485 receipt number on hand so that your request can be forwarded to the correct office. The safe approach is to avoid this scenario by working for the sponsoring employer. I 485 primary approved dependent pending transactions. If the primary applicant were to pass away before the adjustment of status can be approved, INA 204(l) provides relief to the pending derivative applicants. Employment Authorization Document (EAD). A joint sponsor is someone who is willing to accept legal responsibility for supporting the family member with you.
Of the remaining 20 percent, most are resolved within six months. These disqualifying categories include: - Health-related grounds (you have a disqualifying communicable disease or mental health condition). I 130 approved i 485 pending. Not sure if you qualify for a marriage based green card? CP refers to the procedure through which an individual applies for an Immigrant Visa ("Green Card") at the American Consulate or Embassy in their home country, or country of last permanent residence. A: This I-485 application requirement can be satisfied in one of two ways.
While the I-485 application is pending, an alien can enjoy several benefits such as entering the U. S. under Advance Parole (AP) and permission to work in the U. using Employment Authorization Document (EAD). Tell us how we can improve this post? The exceptions for the application fees are listed below: There is no fee for applicants who are filing Form I-485 based on having been admitted to the United States as a refugee; Applicants of 80 years of age or older are not charged a biometric fee; Applicants under 14 years of age: filing with the I-485 application of at least one parent have a fee with discount. Both procedures have advantages and disadvantages and there is no "right or wrong" choice. USCIS may deny a petition or application that may be approved despite the qualifying relative's death if USCIS finds, as a matter of discretion, that approval would not be in the public interest. This does not prevent the case from being approved, however. Do I need to do the Form I-693 medical examination this time, when I file USCIS Form I-485 for adjustment of status in the United States? USCIS provides a chart with all the different scenarios. The "Find a Doctor" web tool provides the names and contact information for authorized civil surgeons in the area based on the address or zip code provided by the individual. Issuance of an Advance Parole document does not guarantee that CBP will parole you into the U. Work authorization while i 485 pending. These changes include both raises and salary reductions.
In this package, we let you know the required application documents, evidence, procedures, samples of petition cover letter, and samples of required forms for status adjustment to U. What I should do if I want to travel overseas, while waiting for the Green Card? An affidavit of support is legally enforceable; the sponsor's responsibility usually lasts until the family member or other individual either becomes a U. citizen, or can be credited with 40 quarters of work - usually 10 years. The Priority Date is the date on which an immigrant visa petition is filed with the USCIS. A: Many U. green card applicants need to have an immigration medical examination, and pay an exam fee to get immigration medical examination results. If you did not marry the U. citizen who filed the K-1 fiancee petition on your behalf, or if you married another U. I-485 Approvals Possible: Impact on Spouse / Children Without Filed I-485s. citizen or lawful permanent resident, you are not eligible to adjust status in the U. S. If you married the U. citizen but not within the 90-day time limit, your spouse must now file USCIS Form I-130, Petition for Alien Relative. And does it includes physical or mental abnormalities? I have download the Form I-693, Medical Examination of Aliens Seeking Adjustment of Status, from the USCIS web site.
Immediate relatives of United States citizens are exempt from this requirement. If you have a criminal record, things may get complicated, but it does not necessarily mean your green card application will be denied. If time is fast coming to a close on your temporary visa, filing concurrently for AOS may prove beneficial. The records maintained in the FBI name check process consist of administrative, applicant, criminal, personnel and other files compiled by law enforcement. If your Immigrant Visa Preference Category requires Labor Certification, the priority date is the date the Labor Certification was filed with the Department of Labor. Immigration laws and regulations are constantly changing, so please feel free to contact Goel & Anderson with any questions or concerns you may have regarding this or any other immigration issue. Most commonly, individuals want to file the I-485 as soon as they are eligible to do so. AOS (I-485) approved for primary but not the dependent. We have heard anecdotes among practitioners that the issue of intent may arise if you seek naturalization, and I have had this question raised in a naturalization interview. Start by checking your eligibility.