Adjustment of Status

PLEASE NOTE: If you already have an adjustment of status application on file with USCIS, the following information does not pertain to you.

ATTENTION:  We realize that each case needs individual attention. However, due to the heavy workload our office has incurred since the USCIS made visa numbers available, and due to our desire to service as many clients as possible, we are asking you to allow us to work up your case before we address particular or individual problems. 

Please carefully read the below information, which will answer most of your questions. If you still have concerns after reading this page, include them on a separate sheet with your draft forms, or simply make a notation on the form itself. We will attempt to resolve your question and will contact you if we need additional information.  Thank you.

We are about to assist you in beginning the process of applying for permanent residence through adjustment of status. To be eligible for adjustment, you must be in lawful status or you must already have earned the 245(i) benefit. Consult with one of our attorneys to evaluate whether you are eligible to apply. You also need to be aware of the following:

• Unless you are the immediate relative of a U.S. citizen, your spouse and unmarried children may file their applications with you.
• If you are not married and you plan to marry in the near future, you may want to consider either delaying filing your adjustment of status application, or accelerating your marriage plans.  If you marry after you obtain your "green card" your spouse may not be able to join you for several years. 
• Once we file your application for adjustment of status, you cannot leave the U.S. while it is pending, unless you are returning to the U.S. on an unexpired H or L visa, or unless you first obtain an advance parole document.  The latter may take several months to obtain.  If you have travel in your future, contact us first, and plan accordingly. You might not, however, be eligible to travel at all during the pendency of your application. Consult with one of our attorney to find out whether you are subject to any of the “bars on re-entry.”
• If you have ever been arrested, or deported or removed from the United States, we need to know those details immediately. It is very important that you let us know if you have any prior deportation history with the immigration. Sometime people are deported at the border and do not realize they have been deported. If you have ever been “caught” by immigration, be sure to inform us. Also, we must know if you have had any brushes with the law.
• If you have ever violated your status in the United States, worked with out authorization, claimed to have been a United States citizen, or voted in a U.S. election, we need to know.
• If you have ever filed for immigration status previously, we need to know the details.
• Visa numbers can move backwards (retrogress) as well as forward.  Adjustment of status applications can only be filed while visa numbers are available given your preference classification and priority date.   Please act promptly. We do not expect visa availability to last more than one or two months. Your application must be filed during this short period of time. Also, please realize that if visa numbers regress after you file for adjustment of status, the wait period for approval will be even longer.

If you have any reason to believe you might not be eligible for adjustment of status or permanent residence, let us know immediately. Otherwise, follow these instructions so that we can properly prepare the necessary applications for you and your family.

- FORMS -

In the interest of expediting your application, download and complete the forms below as best as possible and return them to. Leave any questions you do not understand blank. If we need additional information we will contact you.

BIOGRAPHIC FORMS (FORM G-325A): Print and complete a biographic form for you, your spouse, and each child over the age of 14.  Children born in the U.S. will not need biographic forms. 

ADJUSTMENT OF STATUS (FORM I-485): Print out and complete this form. Some of the information is repetitive of the biographic form, but filling this form out completely will help us to file your case faster. (Include children who are outside the U.S., stepchildren, and children from former marriages as well as adopted childrenWe want the names of ALL your children on the second page of the form - no matter their age or where they are born.)  Pay particular attention to the page 3, which asks a host of questions about your criminal history, immigration history, and eligibility to apply for adjustment of status and become a permanent resident.

APPLICATION FOR EMPLOYMENT AUTHORIZATION (FORM I-765): Print out and complete this form for each family member who will be working. Also complete this form for each family member who will not be working, but would like to receive a social security number now.

APPLICATION FOR TRAVEL DOCUMENT (FORM I-131): Print out and complete this form for each family member who may be traveling outside the U.S.

When you have completed all forms, return them to our office with the other documents requested.  Do not wait for medical examinations.  We will use the information you provide on this form in preparing your applications for the USCIS, so please be accurate, and legible.

- NEEDED DOCUMENTS -

You will need to gather the below documents and send them to us as soon as possible. Send us all other documents listed even if you are still waiting for the medical examination results.

PHOTOGRAPHS:  We need at least two photographs, passport style, for you and each family member applying with you.  If applying for employment and travel authorization, we need four additional photographs for each person

MEDICAL EXAMINATION:  A medical examination is required for all applicants, including minor children, and must be performed by a physician approved by the USCIS.  You must find a physician using this list.  Make an appointment right away as the available appointment slots are going quickly. There are many other people applying for adjustment of status who will be making the same appointment for a medical exam.   The doctor will give you a sealed envelope, which is to be returned to us.  Do not open the sealed envelope. Be sure your name is on the envelope with the results. 

As part of your examination you will either have to provide documentation that you have received age appropriate vaccinations (i.e. medical records or vaccination certificates) or you will receive those vaccinations.  For people aged 18 to 64 years, this will include Td (tetanus/diphtheria), MMR (measles, mumps, rubella) and varicella (chicken pox).  You may receive these vaccines from any physician or provider.  All other tests must be performed by the immigration doctor.

If you are pregnant, tell the physician.

COPY OF BIRTH CERTIFICATES:   Provide us with a copy of a birth certificate for each applicant.  We will need a copy of an official birth certificate, and if not in English, a translation.  If birth certificates are not available from your home country, please let us know. We will assist you to obtain “alternative documentation.” DO NOT SEND ORIGINAL DOCUMENTS.

COPY MARRIAGE AND DIVORCE CERTIFICATES:   Provide a copy of your marriage certificate, if you are married.  If you or your spouse have been married previously, provide copies of all prior divorce decrees or death certificates.

COPY OF PASSPORT:  Provide a copy of the biographic pages of the passports of each family member and a copy of all visa stamps in your current passport, and all unexpired visa stamps in previous passports. 

COPY OF ALL I-94 CARDS, APPROVAL NOTICES. Provide copies of all I-94 cards and approval notices for you and each family member. If you have ever been a student, provide copies of SEVIS Forms I-20 and EAD cards. If you have been on J-1, provide a copy of all IAP 66 Forms and J-1 waiver approval notices.

FILING FEES: The USCIS filing fees are listed below. Send a single check for all fees payable to Rose Immigration Law Firm, PLC. We also accept Visa, Mastercard, and Discover.

For each application filed:

• I-140 (petition for immigrant woker): $195.00 - if not already filed
• I-485 (adjustment of status application): $395.00 ($225.00 if less that 14 years old)
• I-765 (work authorization): $180.00
• I-131 (travel authorization): $170.00

EMPLOYMENT LETTER: We will need to obtain a current employment letter for the primary applicant. Do not obtain this yet. Once we receive your draft forms, we will create a sample letter for you to use.

Please make all copies on standard 8.5 x 11 copy paper.  Do not send oversize copies, or cut paper to size.  We do not need color copies.  We can accept copies by PDF or Fax.  If you do send as email attachments, please scan at 200 dpi, black and white, and do not send attachments over 3 megs.

Any document not in English must be accompanied by a translation.   The translation can be certified by anyone, other than you, who will sign a certificate that states:  "Translator's Certificate.   I certify that I am fluent in the English and  __________ languages, and that the foregoing is a complete and accurate translation of the attached document."  The certificate should be signed and dated, with the translator's contact information printed or typed.

We will review the information you sent.  If we have questions, or need additional information, we will contact you.  We will prepare your applications from this information and we will forward a draft to you for approval and correction, and an original for your signature.

Due to the current workload, we ask that you refrain from calling or emailing us unless necessary. We are working hard and fast to complete adjustment applications for you and many other clients.

If you leave the US or move after you send us the draft forms, let us know!

Check List: if you have questions or problems, simply note them on a separate sheet of paper and include with your draft forms that you send us print, complete and return bio forms make appointment and complete medical gather birth certificates, marriage certificates send us: sealed medical and copy of medical; photos;  copies of passport pages and I-94;  copies of birth certificates and marriage certificates, with translations send us your retainer payment for the legal and filing fees. We must have full payment before we can file your case. Thank you for respecting and understanding this request. As always, you may pay these fees with one check to Rose Immigration Law Firm, PLC. We also accept Visa, Mastercard, and Discover.