USCIS

FORM I-485 CHECKLIST FROM USCIS

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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? 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? If you are the spouse or unmarried child under 21 years of age of a family-based principal applicant, did you provide the following? Where to file with USCIS? USCIS FREQUENTLY ASKED QUESTIONS

Employment Authorization Eligibility Category Codes

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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. 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 CODE ELIGIBILITY CATEGORY A02 A lawful temporary resident pursuant to sections 245A or 210 of the INA A03 Refugee A04 Paroled as refugee A05 Asylee (granted asylum) A06 K-1 nonimmigrant fiancé(e) of U.S. citizen (USC)K-2 child of K-1 A07 N-8 Parent of international organization employee granted permanent residenceN-9 Dependent Child of international organization employee granted permanent residence A08 Citizen of Micronesia, the Marshall Islands or Palau admitted as a non-immigrant A09 K-3 nonimmigrant spouse of USCK-4 child of K-3 A10 Granted Withholding of Deportation or Removal A11 Deferred Enforced Departure (DED) A12 Temporary Protected Status (TPS) granted under 8 CFR 244.12 A13 IMMACT Family Unity beneficiary (Section 301 of the Immigration Act of 1990) A14 LIFE Act Family Unity beneficiary (Section 1504 of the Legal Immigrant Family Equity (LIFE) Act Amendments) A15 V-1 Spouse of Lawful Permanent ResidentV-2 Minor unmarried child of Lawful Permanent ResidentV-3 Minor unmarried child of V-1 or V-2 A16 T-1 nonimmigrant (victims of a severe form of trafficking) A17 Spouse of E-1/E-2 Treaty Trader/InvestorSpouse of E-3 specialty occupation professional from Australia A18 L-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 A19 U-1 nonimmigrant (victims of certain criminal activity) A20 U-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 C01 Dependent of A-1 or A-2 foreign government official C02 Dependent of TECRO (Taipei Economic and Cultural Representative Office) E-1 non-immigrant) C03A Pre-completion OPT F-1 students C03B Post-completion OPT F-1 students C03C 24-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 C04 Spouse or unmarried dependent child of G-1, G-3 or G-4 nonimmigrant (Representative of International Organization and their dependents) C05 J-2 spouse or minor child of a J-1 exchange visitor C06 M-1 student seeking practical training after completing studies C07 Dependent of NATO-1 through NATO-7 non-immigrant C08 Asylum applicant (w/ pending asylum application) who filed for asylum on or after January 4, 1995 C09 Adjustment of status (i485) C10 Nicaraguan Adjustment and Central American Relief Act (NACARA) section 203 applicants Applicant for suspension of deportationThe applicant for cancellation of removal C11 An alien paroled into the United States in the public interest or temporarily for emergency reasons C12 Spouse of an E-2 Commonwealth of the Northern Mariana Islands (CNMI) investor; eligible for employment in the CNMI only C14 Alien granted deferred action C16 Registry 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 C18 Alien with a final order of deportation/order of supervision; C19 Temporary Protected Status applicant under 8 CFR 244.5 C20 An alien who has filed a completed legalization application for special agricultural workers C22 An alien who has filed a completed legalization application under INA 245A C24 LIFE legalization applicant C25 T-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) C26 H4 Dependents of H1B Visa worker C31 The principal beneficiary of an approved VAWA self-petitionQualified child of a beneficiary of an approved VAWA self-petition C33 An alien who has been granted Deferred Action for childhood arrivals (DACA) C35 The principal beneficiary of an appro ved employment-based immigrant petition facing compelling circumstances C36 Spouse or unmarried child of a … Read more

Residency Category Codes

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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. IR1 Spouses, new arrivals IR6 Spouses, adjustments CR1 Spouses, new arrivals, conditional CR6 Spouses, adjustments, conditional IB1 Spouses, new arrivals, self petitioning IB6 Spouses, adjustments, self petitioning IW1 Spouses, widows or widowers, new arrivals IW6 Spouses, widows or widowers, adjustments CF1 Spouses, entered as fiance(e), adjustments, conditional IF1 Spouses, entered as fiance(e), adjustments IR2 Children, new arrivals IR7 Children, adjustments CR2 Children, new arrivals, conditional CR7 Children, adjustments, conditional AR1 Children, Amerasian, new arrivals AR6 Children, Amerasian, adjustments IB2 Children, new arrivals, self petitioning IB7 Children, adjustments, self petitioning IB3 Children of IB1 or IB6, new arrivals IB8 Children of IB1 or IB6, adjustments IW2 Children of IW1 or IW6, new arrivals IW7 Children of IW1 or IW6, adjustments CF2 Children of CF1, adjustments, conditional IF2 Children of IF1, adjustments IH3 Children adopted abroad under the Hague Convention, new arrivals IH8 Children adopted abroad under the Hague Convention, adjustments IH4 Children to be adopted under the Hague Convention, new arrivals IH9 Children to be adopted under the Hague Convention, adjustments IR3 Orphans adopted abroad, new arrivals IR8 Orphans adopted abroad, adjustments IR4 Orphans to be adopted, new arrivals IR9 Orphans to be adopted, adjustments IR5 Parents of adult U.S. citizens, new arrivals IR0 Parents of adult U.S. citizens, adjustments IB5 Parents battered or abused, of U.S. citizens, new arrivals, self petitioning IB0 Parents 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. A11 Unmarried Amerasian sons/daughters of U.S. citizens, new arrivals A16 Unmarried Amerasian sons/daughters of U.S. citizens, adjustments F11 Unmarried sons/daughters of U.S. citizens, new arrivals F16 Unmarried sons/daughters of U.S. citizens, adjustments B11 Unmarried sons/daughters of U.S. citizens, new arrivals, self petitioning B16 Unmarried sons/daughters of U.S. citizens, adjustments, self petitioning A12 Children of A11 or A16, new arrivals A17 Children of A11 or A16, adjustments F12 Children of F11 or F16, new arrivals F17 Children of F11 or F16, adjustments B12 Children of B11 or B16, new arrivals B17 Children of B11 or B16, adjustments F21 Spouses of alien residents, subject to country limits, new arrivals F26 Spouses of alien residents, subject to country limits, adjustments B21 Spouses of alien residents, subject to country limits, new arrivals, self petitioning B26 Spouses of alien residents, subject to country limits, adjustments, self petitioning C21 Spouses of alien residents, subject to country limits, new arrivals, conditional C26 Spouses of alien residents, subject to country limits, adjustments, conditional FX1 Spouses of alien residents, exempt from country limits, new arrivals FX6 Spouses of alien residents, exempt from country limits, adjustments BX1 Spouses of alien residents, exempt from country limits, new arrivals, self petitioning BX6 Spouses of alien residents, exempt from country limits, adjustments, self petitioning CX1 Spouses of alien residents, exempt from country limits, new arrivals, conditional CX6 Spouses of alien residents, exempt from country limits, adjustments, conditional F22 Children of alien residents, subject to country limits, new arrivals F27 Children of alien residents, subject to country limits, adjustments B22 Children of alien residents, subject to country limits, new arrivals, self petitioning B27 Children of alien residents, subject to country limits, adjustments, self petitioning C23 Children of C21, C22, C26, or C27, subject to country limits, new arrivals, conditional C28 Children of C21, C22, C26, or C27, subject to country limits, adjustments, conditional B23 Children of B21, B22, B26, or B27, subject to country limits, new arrivals B28 Children of B21, B22, B26, or B27, subject to country limits, adjustments F23 Children of F21, F22, F26, or F27, subject to country limits, new arrivals F28 Children of F21, F22, F26, or F27, subject to country limits, adjustments C25 Children of C24 or C29, subject to country limits, new arrivals, conditional C20 Children of C24 or C29, subject to country limits, adjustments, conditional B25 Children of B24 or B29, subject to country limits, new arrivals B20 Children of B24 or B29, subject to country limits, adjustments F25 Children of F24 or F29, subject to country limits, new arrivals F20 Children of F24 or F29, subject to country limits, adjustments C22 Children of alien residents, subject to country limits, new arrivals, conditional C27 Children of alien residents, subject to country limits, adjustments, conditional FX2 Children of alien residents, exempt from country limits, new arrivals FX7 Children of alien residents, exempt from country limits, adjustments BX2 Children of alien residents, exempt from country limits, new arrivals, self petitioning BX7 Children of alien residents, exempt from country limits, adjustments, self petitioning CX3 Children of CX2 or CX7, exempt from country limits, new arrivals, conditional CX8 Children of CX2 or CX7, exempt from country limits, adjustments, conditional BX3 Children of BX1, BX2, BX6, or BX7, exempt from country limits, new arrivals BX8 Children of BX1, BX2, BX6, or BX7, exempt from country limits, adjustments FX3 Children of FX1, FX2, FX7, or FX8, exempt from country limits, new arrivals FX8 Children of FX1, FX2, FX7, or FX8, exempt from country limits, adjustments … Read more

FAQ: Special Immigrant Juvenile Status (SIJS)

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Frequently Asked Questions

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. HOW DO I KNOW WHEN MY PRIORITY DATE IS CURRENT FOR SIJS? 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 ofstatus 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-casebasis. 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 filingan 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

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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: 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: 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

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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))