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FORM I-485 CHECKLIST FROM USCIS

ADJUSTMENT OF STATUS (I-485) CHECKLIST

USCIS sent out an email linking to their new page with this checklist. The USCIS.gov website states:

Please do not submit this checklist with your Form I-485. It is an optional tool to use as you prepare your form, but does not replace statutory, regulatory, and form instruction requirements. We recommend that you review these requirements before completing and submitting your form. Do not send original documents unless specifically requested in the form instructions or applicable regulations. You may view the form instructions at uscis.gov/i-485.

If you submit any documents (copies or original documents, if requested) in a foreign language, you must include a full English translation along with a certification from the translator verifying that the translation is complete and accurate, and that they are competent to translate from the foreign language to English.

There are three different checklists depending on the basis for which the applicant is filing their I-485 application. 

1. Checklist of Required Initial Evidence for Immediate Relatives and Family-Based Preference Form I-485 Applicants.

2.  Checklist of Required Initial Evidence for Employment-Based Form I-485 Applicants.

3.  Checklist of Required Initial Evidence for Special Immigrant Juveniles.

There are subsets under those three.  For example, the family based visas in the first section have subsections for family preference category petitions, immediate relative petitions, and other family members as you can see below:

CHECKLIST FOR IMMEDIATE RELATIVES

Did you provide the following?

  • Two passport-style photographs;
  • A copy of your government-issued identity document with photograph;
  • A copy of your birth certificate. If it is unavailable or does not exist, submit other acceptable evidence of birth such as church, school, or medical records, and proof of unavailability or nonexistence;
  • Inspection and admission, or inspection and parole documentation (unless applying for adjustment under INA 245(i)). For more information and examples, please see the form instructions;
  • Documentation of immigrant category, such as a copy of Form I-797, Approval or Receipt Notice, for the Form I-130 filed on your behalf (unless you are filing your Form I-485 with the Form I-130 filed on your behalf);
  • Form I-864, 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-601, Application for Waiver of Grounds of Inadmissibility (if applicable);
  • Form I-212, 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-612, if applicable);
  • Form I-508, Waiver of Diplomatic Rights, Privileges, Exemptions, and Immunities (if applicable);
  • Form I-566, 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-485 Supplement A, Adjustment of Status Under Section 245(i) (Supplement A) (if applicable).

Family Members: If you are the spouse or child of a U.S. citizen’s immediate relative, you must independently qualify for adjustment of status and file your own application. You cannot qualify for adjustment of status as the derivative beneficiary based on the immediate relative’s application. 

CHECKLIST FOR FAMILY PREFERENCE IMMIGRANTS

If you are a principal applicant, did you provide the following?

  • Everything listed above for immediate relatives; and
  • Proof that you have continuously maintained a lawful status since arriving in the United States. 

If you are the spouse or unmarried child under 21 years of age of a family-based principal applicant, did you provide the following?

  • Everything listed above for immediate relatives;
  • Proof you have continuously maintained a lawful status since arriving in the United States;
  • A copy of documentation showing your relationship to the principal applicant, such as a marriage certificate, birth certificate, or adoption decree. If your marriage certificate is unavailable or does not exist, submit other acceptable evidence such as church records and proof of unavailability or nonexistence;
  • A copy of the Form I-797, Approval or Receipt Notice, for the principal applicant’s Form I-130 (unless you are filing your Form I-485 together with the principal applicant’s Form I-485); and
  • A copy of the Form I-797, Approval or Receipt Notice, for the principal applicant’s Form I 485 or a copy of the principal applicant’s Green Card (if not filing together with the principal applicant’s Form I-485).

Where to file with USCIS?

USCIS FREQUENTLY ASKED QUESTIONS

Employment Authorization Eligibility Category Codes

USCIS EAD CATEGORY CODES

An Employment Authorization Document (EAD) also referred to as a “Work Permit” by some people, allows the person to legally work in the U.S., usually while their application with USCIS is pending adjudication. To get your EAD you must submit a Form I-765 to USCIS, which will ask you for your eligibility category code. Below you will find a list of those categories and their corresponding code for completing the form I-765.

The instructions for completing the Form I-765, Application for Employment Authorization can be found on the USCIS website here. The form can now be submitted online in many cases. To file for employment authorization online go to the USCIS I-765 online application page. You will need to make a USCIS online account if you don’t already have one.

More information from USCIS about the Form I-765, Application for Employment Authorization can be found here.

SOMEONE DID THE PAPERWORK FOR ME TO GET MY WORK PERMIT

Often times people pay someone who promise to get them a work permit but they don’t realize that they way the person is getting it for them is by applying for asylum or some other benefit they are not actually eligible for since USCIS will issue the EAD to allow the person to work until they finally sort out the person’s eligibility. If you have an EAD you look at your card to see what the category code is if you are unsure how you obtained it. If you have and EAD and are unsure of the grounds for which you obtained it then you can look at your care and it will have a category code printed on it that you can check against this list.

Example EAD Card with an arrow to indicate where the EAD category code can be found on the card.

If you look at the example card on the left you will see where the category code appears on the EAD. You can check that code against the list below to be sure that your EAD was issued based on the proper grounds.

USCIS only allows some EAD categories to keep working even after Employment Authorization Document (EAD) expiry if you have filed the extension before the current EAD approval expires.

*Automatic 180 EAD extension allowed for A03, A05, A07, A08, A10, C08, C09, C10, C16, C20, C22, C24, C31 and A12 or C19.

EAD ELIGIBILITY CATEGORY CODES

CODEELIGIBILITY CATEGORY
A02A lawful temporary resident pursuant to sections 245A or 210 of the INA
A03Refugee
A04Paroled as refugee
A05Asylee (granted asylum)
A06K-1 nonimmigrant fiancé(e) of U.S. citizen (USC)K-2 child of K-1
A07N-8 Parent of international organization employee granted permanent residenceN-9 Dependent Child of international organization employee granted permanent residence
A08Citizen of Micronesia, the Marshall Islands or Palau admitted as a non-immigrant
A09K-3 nonimmigrant spouse of USCK-4 child of K-3
A10Granted Withholding of Deportation or Removal
A11Deferred Enforced Departure (DED)
A12Temporary Protected Status (TPS) granted under 8 CFR 244.12
A13IMMACT Family Unity beneficiary (Section 301 of the Immigration Act of 1990)
A14LIFE Act Family Unity beneficiary (Section 1504 of the Legal Immigrant Family Equity (LIFE) Act Amendments)
A15V-1 Spouse of Lawful Permanent ResidentV-2 Minor unmarried child of Lawful Permanent ResidentV-3 Minor unmarried child of V-1 or V-2
A16T-1 nonimmigrant (victims of a severe form of trafficking)
A17Spouse of E-1/E-2 Treaty Trader/InvestorSpouse of E-3 specialty occupation professional from Australia
A18L-2 spouse of an L-1 intracompany transfer (L-1: Individuals in the U.S. who have been transferred from a subsidiary, affiliate, or branch office overseas to the U.S. to work in an executive, managerial or specialized knowledge capacity
A19U-1 nonimmigrant (victims of certain criminal activity)
A20U-2 spouse of U-1 aliensU-3 children of U-1 aliensU-4 parents of minor U-1 aliens (16 or under)U-5 unmarried sibling under age 18 of U-1 alien under age 21
C01Dependent of A-1 or A-2 foreign government official
C02Dependent of TECRO (Taipei Economic and Cultural Representative Office) E-1 non-immigrant)
C03APre-completion OPT F-1 students
C03BPost-completion OPT F-1 students
C03C24-month extension for Science, Technology, Engineering, or Mathematics (STEM) OPT students
C03(ii)F-1 student offered off-campus employment under the Sponsorship of Qualifying International Organization
C03(iii)F-1 student seeking off-campus employment due to severe economic hardship
C04Spouse or unmarried dependent child of G-1, G-3 or G-4 nonimmigrant (Representative of International Organization and their dependents)
C05J-2 spouse or minor child of a J-1 exchange visitor
C06M-1 student seeking practical training after completing studies
C07Dependent of NATO-1 through NATO-7 non-immigrant
C08Asylum applicant (w/ pending asylum application) who filed for asylum on or after January 4, 1995
C09Adjustment of status (i485)
C10Nicaraguan Adjustment and Central American Relief Act (NACARA) section 203 applicants Applicant for suspension of deportationThe applicant for cancellation of removal
C11An alien paroled into the United States in the public interest or temporarily for emergency reasons
C12Spouse of an E-2 Commonwealth of the Northern Mariana Islands (CNMI) investor; eligible for employment in the CNMI only
C14Alien granted deferred action
C16Registry applicant based on continuous residence since January 1, 1972
C17(i)B-1 nonimmigrant who is the personal or domestic servant of a nonimmigrant employer
C17(ii)B-1 nonimmigrant domestic servant of a U.S. citizen
C17(iii)B-1 nonimmigrant employed by a foreign airline
C18Alien with a final order of deportation/order of supervision;
C19Temporary Protected Status applicant under 8 CFR 244.5
C20An alien who has filed a completed legalization application for special agricultural workers
C22An alien who has filed a completed legalization application under INA 245A
C24LIFE legalization applicant
C25T-2 spouse of T-1, the victim of traffickingT-3 child of T-1T-4 parent of T-1 (if T-1 is under age 21)
C26H4 Dependents of H1B Visa worker
C31The principal beneficiary of an approved VAWA self-petitionQualified child of a beneficiary of an approved VAWA self-petition
C33An alien who has been granted Deferred Action for childhood arrivals (DACA)
C35The principal beneficiary of an appro ved employment-based immigrant petition facing compelling circumstances
C36Spouse or unmarried child of a principal beneficiary of an approved employment-based immigrant petition facing compelling circumstances.
Source: Section 274a.12, of Title 8 of the Code of Federal Regulations

Which Categories Have Automatic Extensions?

Source: Section 274a.12, of Title 8 of the Code of Federal Regulations

See also https://www.uscis.gov/employment-authorization



Residency Category Codes

IMMIGRANT CLASSES OF ADMISSION

A lawful permanent resident (LPR) or “green card” recipient may live and work anywhere in the United States and may apply to become U.S. citizens if they meet certain eligibility and admissibility requirements. The Immigration and Nationality Act (INA) provides several broad classes of admission for foreign nationals to gain LPR status, the largest of which focuses on admitting immigrants for the purpose of family reunification. Other major categories include economic and humanitarian immigrants, as well as immigrants from countries with relatively low levels of immigration to the United States.

Immediate Relative Petitions

Family Preference Petitions

Employment Petitions

Refugee & Asylum

Diversity Visas

Other

IMMEDIATE RELATIVE PETITIONS

The largest category of new LPRs consists of immediate relatives of U.S. citizens (spouses, children, and parents of U.S. citizens age 21 and older). Immediate relatives of U.S. citizens are not subject to numerical limits and typically account for more than 40 percent of new LPRs annually.

IR1Spouses, new arrivals
IR6Spouses, adjustments
CR1Spouses, new arrivals, conditional
CR6Spouses, adjustments, conditional
IB1Spouses, new arrivals, self petitioning
IB6Spouses, adjustments, self petitioning
IW1Spouses, widows or widowers, new arrivals
IW6Spouses, widows or widowers, adjustments
CF1Spouses, entered as fiance(e), adjustments, conditional
IF1Spouses, entered as fiance(e), adjustments
IR2Children, new arrivals
IR7Children, adjustments
CR2Children, new arrivals, conditional
CR7Children, adjustments, conditional
AR1Children, Amerasian, new arrivals
AR6Children, Amerasian, adjustments
IB2Children, new arrivals, self petitioning
IB7Children, adjustments, self petitioning
IB3Children of IB1 or IB6, new arrivals
IB8Children of IB1 or IB6, adjustments
IW2Children of IW1 or IW6, new arrivals
IW7Children of IW1 or IW6, adjustments
CF2Children of CF1, adjustments, conditional
IF2Children of IF1, adjustments
IH3Children adopted abroad under the Hague Convention, new arrivals
IH8Children adopted abroad under the Hague Convention, adjustments
IH4Children to be adopted under the Hague Convention, new arrivals
IH9Children to be adopted under the Hague Convention, adjustments
IR3Orphans adopted abroad, new arrivals
IR8Orphans adopted abroad, adjustments
IR4Orphans to be adopted, new arrivals
IR9Orphans to be adopted, adjustments
IR5Parents of adult U.S. citizens, new arrivals
IR0Parents of adult U.S. citizens, adjustments
IB5Parents battered or abused, of U.S. citizens, new arrivals, self petitioning
IB0Parents battered or abused, of U.S. citizens, adjustments, self petitioning

FAMILY PREFERENCE CATEGORIES

Family members not included in the immediate relative class of admission may be eligible for immigration under family-sponsored preferences. Categories are organized by priority.

A11Unmarried Amerasian sons/daughters of U.S. citizens, new arrivals
A16Unmarried Amerasian sons/daughters of U.S. citizens, adjustments
F11Unmarried sons/daughters of U.S. citizens, new arrivals
F16Unmarried sons/daughters of U.S. citizens, adjustments
B11Unmarried sons/daughters of U.S. citizens, new arrivals, self petitioning
B16Unmarried sons/daughters of U.S. citizens, adjustments, self petitioning
A12Children of A11 or A16, new arrivals
A17Children of A11 or A16, adjustments
F12Children of F11 or F16, new arrivals
F17Children of F11 or F16, adjustments
B12Children of B11 or B16, new arrivals
B17Children of B11 or B16, adjustments
F21Spouses of alien residents, subject to country limits, new arrivals
F26Spouses of alien residents, subject to country limits, adjustments
B21Spouses of alien residents, subject to country limits, new arrivals, self petitioning
B26Spouses of alien residents, subject to country limits, adjustments, self petitioning
C21Spouses of alien residents, subject to country limits, new arrivals, conditional
C26Spouses of alien residents, subject to country limits, adjustments, conditional
FX1Spouses of alien residents, exempt from country limits, new arrivals
FX6Spouses of alien residents, exempt from country limits, adjustments
BX1Spouses of alien residents, exempt from country limits, new arrivals, self petitioning
BX6Spouses of alien residents, exempt from country limits, adjustments, self petitioning
CX1Spouses of alien residents, exempt from country limits, new arrivals, conditional
CX6Spouses of alien residents, exempt from country limits, adjustments, conditional
F22Children of alien residents, subject to country limits, new arrivals
F27Children of alien residents, subject to country limits, adjustments
B22Children of alien residents, subject to country limits, new arrivals, self petitioning
B27Children of alien residents, subject to country limits, adjustments, self petitioning
C23Children of C21, C22, C26, or C27, subject to country limits, new arrivals, conditional
C28Children of C21, C22, C26, or C27, subject to country limits, adjustments, conditional
B23Children of B21, B22, B26, or B27, subject to country limits, new arrivals
B28Children of B21, B22, B26, or B27, subject to country limits, adjustments
F23Children of F21, F22, F26, or F27, subject to country limits, new arrivals
F28Children of F21, F22, F26, or F27, subject to country limits, adjustments
C25Children of C24 or C29, subject to country limits, new arrivals, conditional
C20Children of C24 or C29, subject to country limits, adjustments, conditional
B25Children of B24 or B29, subject to country limits, new arrivals
B20Children of B24 or B29, subject to country limits, adjustments
F25Children of F24 or F29, subject to country limits, new arrivals
F20Children of F24 or F29, subject to country limits, adjustments
C22Children of alien residents, subject to country limits, new arrivals, conditional
C27Children of alien residents, subject to country limits, adjustments, conditional
FX2Children of alien residents, exempt from country limits, new arrivals
FX7Children of alien residents, exempt from country limits, adjustments
BX2Children of alien residents, exempt from country limits, new arrivals, self petitioning
BX7Children of alien residents, exempt from country limits, adjustments, self petitioning
CX3Children of CX2 or CX7, exempt from country limits, new arrivals, conditional
CX8Children of CX2 or CX7, exempt from country limits, adjustments, conditional
BX3Children of BX1, BX2, BX6, or BX7, exempt from country limits, new arrivals
BX8Children of BX1, BX2, BX6, or BX7, exempt from country limits, adjustments
FX3Children of FX1, FX2, FX7, or FX8, exempt from country limits, new arrivals
FX8Children of FX1, FX2, FX7, or FX8, exempt from country limits, adjustments
CX2Children of alien residents, exempt from country limits, new arrivals, conditional
CX7Children of alien residents, exempt from country limits, adjustments, conditional
F24Unmarried sons/daughters of alien residents, subject to country limits, new arrivals
F29Unmarried sons/daughters of alien residents, subject to country limits, adjustments
B24Unmarried sons/daughters of alien residents, subject to country limits, new arrivals, self petitioning
B29Unmarried sons/daughters of alien residents, subject to country limits, adjustments, self petitioning
C24Unmarried children of alien residents, subject to country limits, new arrivals, conditional
C29Unmarried children of alien residents, subject to country limits, adjustments, conditional
A31Married Amerasian sons/daughters of U.S. citizens, new arrivals
F31Married sons/daughters of U.S. citizens, new arrivals
C31Married sons/daughters of U.S. citizens, new arrivals, conditional
B31Married sons/daughters of U.S. citizens, new arrivals, self petitioning
A36Married Amerasian sons/daughters of U.S. citizens, adjustments
F36Married sons/daughters of U.S. citizens, adjustments
C36Married sons/daughters of U.S. citizens, adjustments, conditional
B36Married sons/daughters of U.S. citizens, adjustments, self petitioning
A32Spouses of A31 or A36, new arrivals
A37Spouses of A31 or A36, adjustments
F32Spouses of married sons/daughters of U.S. citizens, new arrivals
F37Spouses of married sons/daughters of U.S. citizens, adjustments
C32Spouses of C31 or C36, new arrivals, conditional
C37Spouses of married sons/daughters of U.S. citizens, adjustments, conditional
B32Spouses of B31 or B36, new arrivals
B37Spouses of B31 or B36, adjustments
A33Children of A31 or A36, subject to country limits, new arrivals
A38Children of A31 or A36, subject to country limits, adjustments
F33Children of married sons/daughters of U.S. citizens, new arrivals
F38Children of married sons/daughters of U.S. citizens, adjustments
C33Children of C31 or C36, subject to country limits, new arrivals, conditional
C38Children of C31 or C36, subject to country limits, adjustments, conditional
B33Children of B31 or B36, subject to country limits, new arrivals
B38Children of B31 or B36, subject to country limits, adjustments
F41Brothers/sisters of U.S. citizens, new arrivals
F46Brothers/sisters of U.S. citizens, adjustments
F42Spouses of brothers/sisters of U.S. citizens, new arrivals
F47Spouses of brothers/sisters of U.S. citizens, adjustments
F43Children of brothers/sisters of U.S. citizens, new arrivals
F48Children of brothers/sisters of U.S. citizens, adjustments

EMPLOYMENT CATEGORIES

Those seeking to provide needed skills in the U.S. workforce or invest in new U.S. jobs may be eligible to immigrate under employment-based preferences. Categories are organized by priority.

E11Aliens with extraordinary ability, new arrivals
E16Aliens with extraordinary ability, adjustments
E12Outstanding professors or researchers, new arrivals
E17Outstanding professors or researchers, adjustments
E13Multinational executives or managers, new arrivals
E18Multinational executives or managers, adjustments
E14Spouses of E11, E12, E13, E16, E17, or E18, new arrivals
E19Spouses of E11, E12, E13, E16, E17, or E18, adjustments
E15Children of E11, E12, E13, E16, E17, or E18, new arrivals
E10Children of E11, E12, E13, E16, E17, or E18, adjustments
E21Professionals holding advanced degrees, new arrivals
E26Professionals holding advanced degrees, adjustments
ES1Soviet scientists, new arrivals
ES6Soviet scientists, adjustments
E22Spouses of E21 or E26, new arrivals
E27Spouses of E21 or E26, adjustments
E23Children of E21 or E26, new arrivals
E28Children of E21 or E26, adjustments
EX1Schedule – A worker, new arrivals
EX6Schedule – A worker, adjustments
E31Skilled workers, new arrivals
E36Skilled workers, adjustments
E32Professionals with baccalaureate degrees, new arrivals
E37Professionals with baccalaureate degrees, adjustments
EW3Needed unskilled workers, new arrivals
EW8Needed unskilled workers, adjustments
EC6Chinese Student Protection Act (CSPA) principals, adjustments
EX2Spouses of EX1 or EX6, new arrivals
EX7Spouses of EX1 or EX6, adjustments
E34Spouses of E31, E32, E36, or E37, new arrivals
E39Spouses of E31, E32, E36, or E37, adjustments
EW4Spouses of EW3 or EW8, new arrivals
EW9Spouses of EW3 or EW8, adjustments
EC7Spouses of EC6, adjustments
EX3Children of EX1 or EX6, new arrivals
EX8Children of EX1 or EX6, adjustments
E35Children of E31, E32, E36, or E37, new arrivals
E30Children of E31, E32, E36, or E37, adjustments
EW5Children of EW3 or EW8, new arrivals
EW0Children of EW3 or EW8, adjustments
EC8Children of EC6, adjustments
BC1Broadcast (IBCB of BBG) employees, new arrivals
BC6Broadcast (IBCG of BBG) employees, adjustments
SD1Ministers, new arrivals
SD6Ministers, adjustments
SE1Employees of U.S. government abroad, new arrivals
SE6Employees of U.S. government abroad, adjustments
SF1Former employees of the Panama Canal Company or Canal Zone Government, new arrivals
SF6Former employees of the Panama Canal Company or Canal Zone Government, adjustments
SG1Former U.S. government employees in the Panama Canal Zone, new arrivals
SG6Former U.S. government employees in the Panama Canal Zone, adjustments
SH1Former employees of the Panama Canal Company or Canal Zone government, employed on April 1, 1979, new arrivals
SH6Former employees of the Panama Canal Company or Canal Zone government, employed on April 1, 1979, adjustments
SJ6Foreign medical school graduate who was licensed to practice in the United States on Jan. 9, 1978, adjustments
SK1Retired employees of international organizations, new arrivals
SK6Retired employees of international organizations, adjustments
SK4Certain surviving spouses of deceased international organization employees, new arrivals
SK9Certain surviving spouses of deceased international organization employees, adjustments
SL1Juvenile court dependents, new arrivals
SL6Juvenile court dependents, adjustments
SN1Retired NATO-6 civilian employees, new arrivals
SN6Retired NATO-6 civilian employees, adjustments
SR1Religious workers, new arrivals
SR6Religious workers, adjustments
SN4Certain surviving spouses of deceased NATO-6 civilian employees, new arrivals
SN9Certain surviving spouses of deceased NATO-6 civilian employees, adjustments
BC2Spouses of BC1 or BC6, new arrivals
BC7Spouses of BC1 or BC6, adjustments
SD2Spouses of SD1 or SD6, new arrivals
SD7Spouses of SD1 or SD6, adjustments
SE2Spouses of SE1 or SE6, new arrivals
SE7Spouses of SE1 or SE6, adjustments
SF2Spouses or children of SF1 or SF6, new arrivals
SF7Spouses or children of SF1 or SF6, adjustments
SG2Spouses or children of SG1 or SG6, new arrivals
SG7Spouses or children of SG1 or SG6, adjustments
SH2Spouses or children of SH1 or SH6, new arrivals
SH7Spouses or children of SH1 or SH6, adjustments
SJ2Spouses or children of SJ6, new arrivals
SJ7Spouses or children of SJ6, adjustments
SK2Spouses of SK1 or SK6, new arrivals
SK7Spouses of SK1 or SK6, adjustments
SN2Spouses of SN1 of SN6, new arrivals
SN7Spouses of SN1 of SN6, adjustments
SR2Spouses of SR1 or SR6, new arrivals
SR7Spouses of SR1 or SR6, adjustments
BC3Children of BC1 or BC6, new arrivals
BC8Children of BC1 or BC6, adjustments
SD3Children of SD1 or SD6, new arrivals
SD8Children of SD1 or SD6, adjustments
SE3Children of SE1 or SE6, new arrivals
SE8Children of SE1 or SE6, adjustments
SK3Certain unmarried children of SK1 or SK6, new arrivals
SK8Certain unmarried children of SK1 or SK6, adjustments
SR3Children of SR1 or SR6, new arrivals
SR8Children of SR1 or SR6, adjustments
SN3Certain unmarried sons/daughters of SN1 or SN6, new arrivals
SN8Certain unmarried sons/daughters of SN1 or SN6, adjustments
C51Employment creation, not in targeted area, new arrivals, conditional
C56Employment creation, not in targeted area, adjustments, conditional
E51Employment creation, new arrivals
E56Employment creation, adjustments
I51Employment creation, targeted area, pilot program, new arrivals, conditional
I56Employment creation, targeted area, pilot program, adjustments, conditional
T51Employment creation, targeted area, new arrivals, conditional
T56Employment creation, targeted area, adjustments, conditional
R51Investor pilot program, not targeted, new arrivals, conditional
R56Investor pilot program, not targeted, adjustments, conditional
C52Spouses of C51 or C56, new arrivals, conditional
C57Spouses of C51 or C56, adjustments, conditional
E52Spouses of E51 or E56, new arrivals
E57Spouses of E51 or E56, adjustments
I52Spouses of I51 or I56, new arrivals, conditional
I57Spouses of I51 or I56, adjustments, conditional
T52Spouses of T51 or T56, new arrivals, conditional
T57Spouses of T51 or T56, adjustments, conditional
R52Spouses of R51 or R56, new arrivals, conditional
R57Spouses of R51 or R56, adjustments, conditional
C53Children of C51 or C56, new arrivals, conditional
C58Children of C51 or C56, adjustments, conditional
E53Children of E51 or E56, new arrivals
E58Children of E51 or E56, adjustments
I53Children of I51 or I56, new arrivals, conditional
I58Children of I51 or I56, adjustments, conditional
T53Children of T51 or T56, new arrivals, conditional
T58Children of T51 or T56, adjustments, conditional
R53Children of R51 or R56, new arrivals, conditional
R58Children of R51 or R56, adjustments, conditional

REFUGEE & ASYLEE

The United States provides refuge to persons who have been persecuted or have a well-founded fear of persecution through two programs: a refugee program for persons outside the United States and their immediate relatives, and an asylum program for persons in the United States and their immediate relatives.

CU6Cuban refugees (P.L. 89-732 of 1966)
CU7Non-Cuban spouses or children of Cuban refugees
IC6Indochinese refugees (P.L. 95-145 of 1977)
IC7Spouses or children of Indochinese refugees not qualified as refugees on their own
R86Refugee parolees (P.L. 95-412 of 1978)
M83Refugee escapees previously admitted for lawful permanent resident status, adjustments
Y64Refugees in the United States prior to July 1, 1953, adjustments
RE6Other refugees (P.L. 96-212 Refugee Act of 1980)
RE7Spouses of RE6
RE8Children of RE6
RE9Other relatives
AS6Asylees
GA6Iraqi asylees
SY6Syrian asylees
AS7Spouses of AS6
GA7Spouses of GA6
SY7Spouses of SY6
AS8Children of AS6
GA8Children of GA6
SY8Children of SY6

DIVERSITY VISA

Those who seek to immigrate to the United States from countries with relatively low levels of immigration may be eligible to seek immigration under the Diversity Immigrant Visa Program.

DV1Principals, new arrivals
DV6Principals, adjustments
DV2Spouses of DV1 or DV6, new arrivals
DV7Spouses of DV1 or DV6, adjustments
DV3Children of DV1 or DV6, new arrivals
DV8Children of DV1 or DV6, adjustments

OTHER

Remaining admission categories are generally limited to persons admitted under special legislation.

PH6Parolees, Polish/Hungarian
LA6Parolees, Soviet/Indochinese
ID6Parolees, Indochinese
M93Parolees, Hungarian previously admitted for lawful permanent resident status
NA3Children born abroad to alien residents
NC6Principals
NC7Spouses of NC6
NC8Children of NC6
NC9Unmarried sons/daughters of NC6
Z13Sec. 244, P.L. 89-236, subject to 4,000 annual limit
Z14Battered spouses or children (Violence Against Women Act), P.L. 103-322 of 1994, subject to 4,000 annual limit
Z15Salvadoran, Guatemalan and former Soviet bloc country nationals (NACARA Section 203, P.L. 105-100 of 1997)
Z56Crewmen who entered on or before June 30, 1964 and are immediate relatives of U.S. citizens or special immigrants
Z57Crewmen who entered on or before June 30, 1964 and are preference or non-preference immigrants
Z11Preference or non-preference immigrants (other than crewmen)
HA6Haitian asylum applicants
HB6Haitian parolees
HC6Haitian children without parents
HD6Haitian children orphaned in the United States
HE6Haitian children abandoned by parents
HA7Spouses of HA6
HB7Spouses of HB6
HC7Spouses of HC6
HD7Spouses of HD6
HE7Spouses of HE6
HA8Children of HA6
HB8Children of HB6
HC8Children of HC6
HD8Children of HD6
HE8Children of HE6
HA9Unmarried sons/daughters of HA6
HB9Unmarried sons/daughters of HB6
HC9Unmarried sons/daughters of HC6
HD9Unmarried sons/daughters of HD6
HE9Unmarried sons/daughters of HE6
W16Entered without inspection before 1/1/82
W26Entered as nonimmigrant and overstayed visa before 1/1/82
W36Blanket enforced voluntary departure (EVD) group
S16Seasonal Agricultural Workers (SAW), worked at least 90 days during each year ending May 1, 1984, 1985, and 1986
S26Seasonal Agricultural Workers (SAW), worked at least 90 days during the year ending on May 1, 1986
LB1Spouses of legalized aliens, new arrivals
CB1Spouses of legalized aliens, new arrivals, conditional
LB6Spouses of legalized aliens, adjustments
CB6Spouses of legalized aliens, adjustments, conditional
LB2Children of LB1 or LB6, new arrivals
CB2Children of CB1 or CB6, new arrivals, conditional
LB7Children of LB1 or LB6, adjustments
CB7Children of CB1 or CB6, adjustments, conditional
AA1Natives of certain adversely affected foreign states, new arrivals
AA6Natives of certain adversely affected foreign states, adjustments
AA2Spouses of AA1 or AA6, new arrivals
AA7Spouses of AA1 or AA6, adjustments
AA3Children of AA1 or AA6, new arrivals
AA8Children of AA1 or AA6, adjustments
AM1Amerasians, born in Vietnam between 1/1/62-1/1/76, new arrivals
AM6Amerasians, born in Vietnam between 1/1/62-1/1/76, adjustments
AM2Spouses or children of AM1 or AM6, new arrivals
AM7Spouses or children of AM1 or AM6, adjustments
AM3Mothers, guardians, or next of kin of AM1 or AM6, new arrivals
AM8Mothers, guardians, or next of kin of AM1 or AM6, adjustments
DS1Individuals born under diplomatic status, adjustments,
HH6Parolees adjusting under the Help HAITI Act of 2010, adjustments
HK1Hong Kong business employees, new arrivals
HK6Hong Kong business employees, adjustments
HK2Spouses of HK1 or HK6, new arrivals
HK7Spouses of HK1 or HK6, adjustments
HK3Children of HK1 or HK6, new arrivals
HK8Children of HK1 or HK6, adjustments
CH6Cuban Haitian entrants, adjustments (P.L. 99-603)
S13American Indians born in Canada, new arrivals
DT1Natives of Tibet who continuously resided in Nepal or India (Displaced Tibetan), new arrivals
DT6Natives of Tibet who continuously resided in Nepal or India (Displaced Tibetan), adjustments
DT2Spouses of DT1 or DT6, new arrivals
DT7Spouses of DT1 or DT6, adjustments
DT3Children of DT1 or DT6, new arrivals
DT8Children of DT1 or DT6, adjustments
MR0Parents of U.S. citizens presumed to be lawful permanent resident aliens – Northern Mariana Islands, adjustments
MR6Spouses of U.S. citizens presumed to be lawful permanent resident aliens – Northern Mariana Islands, adjustments
MR7Children of U.S. citizens presumed to be lawful permanent resident aliens – Northern Mariana Islands, adjustments
NP8Alien who filed and was qualified with investor status prior to June 1, 1978
NP9Spouses or children of NP8, adjustments
RN6Certain former H1 nonimmigrant registered nurses, adjustments
RN7Spouses or children of RN6, adjustments
SC1Lost citizenship through marriage, new arrivals
SC6Lost citizenship through marriage, adjustments
SC2Lost citizenship through serving in foreign armed forces, new arrivals
SC7Lost citizenship through serving in foreign armed forces, adjustments
SI1Special immigrant interpreters who are nationals of Iraq or Afghanistan, new arrivals
SI6Special immigrant interpreters who are nationals of Iraq or Afghanistan, adjustments
SI2Spouses of SI1 or SI6, new arrivals
SI7Spouses of SI1 or SI6, adjustments
SI3Children of SI1 or SI6, new arrivals
SI8Children of SI1 or SI6, adjustments
SM1U.S. Armed Forces personnel, service (12 years) after 10/1/91, new arrivals
SM6U.S. Armed Forces personnel, service (12 years) after 10/1/91, adjustments
SM4U.S. Armed Forces personnel, service (12 years) by 10/91, new arrivals
SM9U.S. Armed Forces personnel, service (12 years) by 10/91, adjustments
SM2Spouses of SM1 or SM6, new arrivals
SM7Spouses of SM1 or SM6, adjustments
SM5Spouses or children of SM4 or SM9, new arrivals
SM0Spouses or children of SM4 or SM9, adjustments
SM3Children of SM1 or SM6, new arrivals
SM8Children of SM1 or SM6, adjustments
SQ1Certain Iraqis and Afghans employed by U.S. Government, new arrivals
SQ6Certain Iraqis and Afghans employed by U.S. Government, adjustments
SQ2Spouses of SQ1 or SQ6, new arrivals
SQ7Spouses of SQ1 or SQ6, adjustments
SQ3Children of SQ1 or SQ6, new arrivals
SQ8Children of SQ1 or SQ6, adjustments
ST6Adjustment of T1 nonimmigrant
ST7Adjustment of T2 nonimmigrant
ST8Adjustment of T3 nonimmigrant
ST0Adjustment of T4 nonimmigrant
ST9Adjustment of T5 nonimmigrant
SU2Spouses of SU6, new arrivals
SU3Children of SU6, new arrivals
SU5Parents of SU6, new arrivals
SU6Adjustment of U1 nonimmigrant
SU7Adjustment of U2 nonimmigrant
SU8Adjustment of U3 nonimmigrant
SU0Adjustment of U4 nonimmigrant
SU9Adjustment of U5 nonimmigrant
W46Late amnesty applicants (Immigration Reform and Control Act)
XB3Presumed lawfully admitted for permanent residence
XA3Children born subsequent to issuance of parent’s non-quota visa, new arrivals
XE3Children born subsequent to issuance of parent’s employment-based preference visa, new arrivals
XF3Children born subsequent to issuance of parent’s family-sponsored preference visa, new arrivals
XR3Children born subsequent to issuance of parent’s immediate relative of U.S. citizen visa, new arrivals
XN3Children born subsequent to issuance of parent’s visa other, new arrivals
Z43Private bill, adjustments
Z33Entered before 7/1/24, Section 249, P.L. 89-236, adjustments
Z03Entered 7/1/24-6/28/40, Section 249, P.L. 89-236, adjustments
Z66Entered 6/29/40-1/1/72, Section 249, P.L. 89-236, adjustments
Z83Foreign government official who is immediate relative of U.S. citizen or special immigrant

FAQ: Special Immigrant Juvenile Status (SIJS)

WHO IS ELIGIBLE TO ADJUST STATUS TO A LEGAL PERMANENT RESIDENT THROUGH SIJS?

In order to adjust status as a special immigrant juvenile, the applicant must:

1) be eligible to adjust status,

2) have an immediately available visa, and

3) demonstrate that they merit a favorable exercise of discretion.

WHAT IS MY PRIORITY DATE AND HOW DO I FIND MY PRIORITY DATE FOR SIJS?

The priority date or Final Action Date is the date that the Form I-360 was filed. You can find this date on the I-360 receipt notice or approval notice.

Locating the Priority Date on Form I-360 Receipt Notice

HOW DO I KNOW WHEN MY PRIORITY DATE IS CURRENT FOR SIJS?

August 2023 Visa Bulletin, Chart A, FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES
AUGUST 2023 VISA BULLETINFINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

The State Department issues a chart each month with visa availability for different visa categories and countries. This chart is called the Visa Bulletin and can be found online at:
https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html (or by searching for“Visa Bulletin”).

The Visa Bulletin is used to inform people which categories of visas are backlogged, versus current, and to track progress while waiting for a priority date to become current.

The Visa Bulletin has two charts within each of the Family-based and Employment-based categories: Chart A, “Final Action Dates,” and Chart B, “Dates for Filing.” By law, visas for special immigrant juveniles come from the employment-based 4th preference category, so for special immigrant juveniles, look to the Employment-based Preference Cases charts.

STEP ONE:

Look at Chart A, “FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES” under the Employment-based Preferences.

Check the USCIS website to see if you can rely upon Chart B for the current month: https://www.uscis.gov/visabulletininfo.

If the USCIS website says you can use the “Dates for Filing” chart (Chart B) for the relevant month, then you can rely upon Chart B and may be able to file the I-485 even though a visa is not yet available.

If the USCIS website says you must use the “Final Action Dates” chart (Chart A), then you cannot rely upon Chart B, and must use Chart A. If you must use Chart A, then you cannot file the I-485 unless your client’s priority date is

1) earlier than the date that appears in the employment-based 4th preference category for your client’s country of origin, or

2) current, as reflected by a “C” appearing in the 4th preference category for your client’s country of origin.

STEP TWO:

In Chart A, look at the “4th” preference line for your country of origin. If there is a “C” that category is “current” and there are visas available, so you can file the I-485 regardless of your client’s priority date. If there is a date (example:15JAN17 (January 15, 2017), that means that a backlog exists, and you can only file the I-485 if your priority date is EARLIER than the date listed. When a backlog exists, predicting exactly when someone will be able to adjust status is impossible, and anyone who gives you an estimate is guessing.


In the image below the row with the preference category for SIJS cases is highlighted.

WHAT CAN I DO TO LIMIT THE WAIT TIME?

Start the process as soon as possible.

Submit an I-360 petition as soon as you get the family court orders.

Around the 15th of every month, the next month’s Visa Bulletin is usually posted online, so you can start getting the I-485 application ready to file if you see that your visa will be current in the coming month. The Visa Bulletin goes into effect on the first day of that month (January 2025 Visa Bulletin went into effect on January 1, 2025).

Check the Visa Bulletin for the current month as well as whether USCIS is allowing use of Chart B that month (if you hope to rely on Chart B to file early) before filing the I-485 to avoid having it rejected.

REMAIN ELIGIBLE UNTIL YOU COMPLETE THE PROCESS

You cannot get married until after your I-360 has been approved. UPDATED APRIL 2022

8 CFR § 204.11(b)(2) was updated and effective April 2022, SIJS applicant now required to remain unmarried only through the adjudication of the SIJS petition, rather than through the adjudication of the subsequent application for adjustment of status.

If you get into trouble with the law (arrests or criminal convictions) you may end up ineligible to adjust status through SIJS.

You must remain under the State Court’s jurisdiction until you are 21 or until you complete the process.

If you are in removal proceedings you will need to get those proceedings dismissed and should attend all Court dates until that happens. A removal order may complicate your case tremendously .

DEFERRED ACTION WITH APPROVED I-360

USCIS announced a new policy that went into effect on May 6, 2022 and that applies to young people who have been granted SIJS but are not yet able to apply for adjustment of
status because they are waiting for a visa to be available. The new policy provides that young people stuck in the visa backlog will be considered for deferred action on a case-by-case
basis. If deferred action is granted, it will be for a period of four years. Young people granted deferred action are then eligible to apply for an EAD for the period of deferred action by filing
an Application for Employment Authorization (Form I-765), indicating eligibility category (c)(14).

For more information on this new policy, see U.S. Citizenship and Immigration Services Policy Manual (USCIS-PM) J.4(G).

Reschedule A USCIS Biometrics Appointment

HOW TO RESCHEDULE YOUR USCIS BIOMETRICS APPOINTMENT

Your biometrics appointment is for you USCIS to collect your fingerprints and a photograph of you for running security clearances and checking your identity and criminal record. Your biometrics appointment notice will arrive on USCIS Form I-797C with a location of a biometrics service center as well as a date and time for you to attend. You should bring that appointment notice and a passport or State ID to your appointment.

The day of your appointment they will stamp your appointment notice to show that you attended and had your biometrics done. You should make sure to hold onto the stamped copy of your notice once you attend so you can show that you complied with the requirements.

USCIS has begun accepting online requests to reschedule a biometrics appointment. If you need to reschedule your biometrics (fingerprint) appointment then you can go to the USCIS website and request a new date.

Sufficient reasons for rescheduling your biometrics appointment may include, but are not limited to:

  • Illness, medical appointment, or hospitalization;
  • Previously planned travel;
  • Significant life events such as a wedding, funeral, or graduation ceremony;
  • Inability to obtain transportation to the appointment location;
  • Inability to obtain leave from employment or caregiver responsibilities; and
  • Late delivered or undelivered biometric services appointment notice.

USCIS only accepts untimely rescheduling requests made to the USCIS Contact Center and does not accept untimely requests to reschedule by mail or in-person at a USCIS office or through the myUSCIS online rescheduling tool.

Online

Through myUSCIS (best way)

To reschedule your appointment using the online tool you should log-in to your myUSCIS account online and follow the instructions. This is the best way to reschedule.

USCIS Virtual Assistant

You can speak with the USCIS virtual assistant (Emma) and ask that your biometrics appointment be rescheduled.

By Phone

Call the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833) from Monday to Friday, 8 am to 8pm Eastern time. Provide the customer service representative with your:

  • Name
  • Birth date
  • Address
  • Case number

The Contact Center representative will create a request to reschedule your interview in the system. It can take several weeks to process the request.

If You Already Missed your Appointment

If you already missed your appointment you should contact USCIS right away. Inform them that you missed your appointment and you need a new appointment to get your biometrics done.

If you miss your biometrics appointment without having rescheduled it, and it is still within a week or two of your scheduled appointment date, you can try going to the same location at the same time and showing your appointment letter. They will sometimes allow you to get your biometrics done late if you are within a few days of that appointment date. There is no guarantee that they will and you should not expect them to, but they have allowed it in the past and sometimes when USCIS will instruct you to attend your appointment another day that week when you call to inform them that you missed your appointment.

Documents Checklist for Naturalization Application

Application for Naturalization for U.S. Citizenship

Form:  N-400                  Online: Online application is available but not required

Filing Fee: $640         Biometrics Fee: $85 biometrics fee  (Total Fee: $725)

Do not send original documents unless specifically requested.

TRANSLATIONS:   If you submit any documents (copies or original documents, if requested) in a foreign language, you must include a full English translation along with a certification from the translator verifying that the translation is complete and accurate, and that the translator is competent to translate from the foreign language to English.

Required Documents For All Applicants:

🗹 A copy of your Permanent Resident Card (or copy of Form I-90 filing receipt if you lost your resident
card);

🗹 Photocopy of the applicant’s current legal marital status document, if applicable (e.g.; marriage
certificate, divorce, annulment decree, or death certificate of former spouse);

🗹 A money order payable to “U.S. Department of Homeland Security” for current filing fee and biometric
fee ($725 as of September 2023).

Applicants 75 years of age or older are exempted from the biometrics services fee.

If you are applying for naturalization on the basis of marriage to a U.S. citizen, send the following 4 items:

🗹 1.  Evidence that your spouse has been a U.S. citizen for the last 3 years:
a. Birth certificate (if your spouse never lost citizenship since birth); or
b. Certificate of Naturalization; or
c. Certificate of Citizenship; or
d. The inside of the front cover and signature page of your spouse’s current U.S. passport; or
e. Form FS-240, Report of Birth Abroad of a Citizen of the United States of America; and

🗹 2. Your current marriage certificate; and

🗹 3. Proof of termination of all prior marriages of your spouse (divorce decree(s), annulment(s), or death
certificate(s)); and

🗹 4. Documents referring to you and your spouse:

a. Tax returns, bank accounts, leases, mortgages, or birth certificates of children; or

b. Internal Revenue Service (IRS)-certified copies of the income tax forms that you both filed for the past 3 years; or

c. An IRS tax return transcript for the last 3 years.

If You Are Outside the U.S.:

🗹 Two passport-style photographs

If Applying Based on Military Service:

🗹 A copy of your official military orders;

🗹 DD Form 214, NGB Form 22, or discharge orders (if separated from service);

🗹 Form N-426, Request for Certification of Military or Naval Service;

If You Are Applying Under INA 319(b):

Evidence of your citizen spouse’s employment abroad (if applying under INA 319(b))