In addition to the information supplied in previous responses, engagement of an immigration attorney can be helpful in assuring eligibility before filing, in assuring that an application is properly prepared and thoroughly documented, in shepherding the case through the adjustment of status process, and in addressing complications that could arise through USCIS error or otherwise.
It is not required that you have an attorney represent you in your case. However, it is important to know that your I-485 application is not just an application but rather it is a legal case. In addition, the US government is fully aware of the laws regarding your case and unfortunately they are not going to provide you with any assistance. Therefore, if your case is important to you and you wish to do everything possible...
The I-485 interview is the opportunity for the USCIS agent to interview both the petitioner and the beneficiary to determine if all of the evidence presented shows that the AOS is to be granted. The capacity of the attorney to be a part of the interview is determiend by the local rules of the USCIS office. Often the agent will enable the attorney to add argument as to the legal issues or provide information...
1. Help you buy peace of mind.#N#2. Be your guide.#N#3 . Protect you from unnecessary and unreasonable questions or requests from Immigration Officer .#N#4. Answer any and all questions from Immigration Officer which are legal in nature...
Part 11: Interpreter’s Contact Information, Certification, and Signature. Although speaking English is not a requirement for permanent residence, understanding the application and your I-485 instructions is vital. If you have received assistance from an interpreter, provide the interpreter’s information in this part.
According to the I-485 instructions, you should provide five years of Address History and Employment History (inside or outside the United States). Enter complete addresses and relevant dates. Estimate the date to the best of your ability if you cannot remember the exact date.
The gold standard for preparing any immigration forms is to use an experienced immigration attorney. Depending on the case, attorney fees can be $1,500-$5,000 (not including USCIS fees). For individuals with complex situations, criminal offenses, or serious immigration violations, using an lawyer is the best option.
Most people can find their 11-digit Form I-94 Arrival-Departure Record Number and other particulars on the I-94 Website . Asylees, refugees, or applicants who entered through a land border crossing may be provided with a paper-based Form I-94 instead. Canadian visitors who were waved across while in their cars generally do not have an I-94 record. Only certain classes (such as immediate relatives) may adjust status if the “Expiration Date of Authorized Stay” is in the past. For example, the spouse of a U.S. citizen can adjust status after a visa overstay. If you are unsure, use CitizenPath or speak to an immigration attorney before proceeding.
The Form I-485 instructions can be extraordinarily intimidating. After all, there are 42 pages of instructions for the green card application. What’s more, other forms are typically filed concurrently as a part of the adjustment of status package. In some cases, an innocent mistake can result in significant delays, long-term immigration problems, ...
So if you were inspected by U.S. immigration officials in another country, use the location where you actually entered the United States. Generally, you must have a lawful entry. This means that you had valid documentation (i.e. visa, refugee status, etc.) and made face-to-face contact with the CBP officer.
List your present and past membership in or affiliation with all organizations in the United States or any other country . Include any military service. Examples include religious organizations, professional associations, political groups and social clubs. USCIS may evaluate your affiliations with certain organizations that may be illegal or against the general principles of American democracy. Use your best judgement to determine if your involvement with a group or organization conflicts with these principles. If you are unsure, talk to an attorney.
Given the importance of using a knowledgeable and experienced immigration attorney to help with complex immigration cases, it is crucial that one understands when s/he is permitted to choose an attorney and when s/he must obtain the employer’s permission to do so.
The EB5 category is for foreign investors who create U.S. jobs. While this is employment based, the employment is related to the business created by the investment. Thus, the investor is in control of his or her own case and is free to hire the attorney or law firm of choice. More information on this category can be found in our NewsBrief, USCIS to Improve EB5 Immigrant Investor Program (16.Dec.11).
In these cases, there is no employer sponsorship and the individuals are free to choose any attorney.
Thus, even though the final stage of the case, the I-485 adjustment-of-status application, is signed by the foreign national, it requires the ongoing support of the GC-sponsoring employer. Some employers, therefore, maintain control over the choice of attorney throughout the entire case.
In these cases, the derivative family members involved are permitted to select their own attorneys, even if the primary family member was not permitted to choose his/her own attorney. Each derivative makes his/her own I-485 filing, if seeking adjustment of status within the United States. Most people use the same attorney or law firm for all the family members’ I-485s and this is generally the most efficient system, when all of the applications are filed together.
Both EA and NIW petitions are exempt from labor certification and job offer requirements and , therefore, may be self-sponsored by a foreign national. Thus, when seeking an attorney to assist in the preparation of the EA and NIW petitions and the related green card applications, the self-petitioning foreign national selects his/her attorney. For more information on EA petitions, please refer to our NewsBrief, Can I Benefit Under the “Current” EB1 Priority Dates? (15.Sep.06). For more on NIW petitions, see to our NewsBrief, National Interest Waivers, Part 1 (13.Apr.07) and Part 2.
Being inspected by a U.S. Immigration Officer means that an immigration officer stamped your passport the last time you arrived in the U.S. If you were inspected by an officer, you will also put your admitted status such as F-1 (student) or B-2 (visitor for pleasure).
Instead, your I-94 will say “D/S” this stands for duration of status. If your I-94 says “D/S”, you will include that instead of a specific expiration date. 23.c.
1.a. – 16. Part four asks background information about your parents. If they have passed away, you should answer DECEASED on question 7,8,15, and 16.
Remember: Never lie on any immigration form. If the USCIS discovers that you have lied on a form, you can be found inadmissible.
If this is your situation, you should consulat with an attorney before mailing in your Form I-485. Remember: Never lie on any immigration form.
You should also disclose all arrest. Even if it was a mistake or for a minor crime, you should include them. You do not have to include diving tickets unless drugs or alcohol was involved or if you were fined over 500 dollars. If you have any arrests, you should attach documentation with your Form I-485.
If you don’t speak English and have relied on an interpreter to fill out Form I-485, this is where he/she will sign. You don not need to know English to get a green card, but you will need an interpreter at your USCIS interview.