Form I-485

Immigrant Petition and R-1 Visa

I am currently in the U.S. on an R-1 visa. Can I file my immigrant petition and my petition to adjust status to that of permanent resident at the same time?

No. Religious workers are not permitted to file Form I-360 (immigrant petition) concurrently with Form I-485 (petition to adjust status to permanent resident). You must wait until your I-360 is approved before you can file you Form I-485.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Multiple I-140 Approvals and Linking to I-485

When there are multiple I-140 approvals, how do you link the appropriate approval to the pending I-485 petition?

If an I-485 is already pending, a newly approved I-140 can be linked to it by sending a written request to the USCIS. Include all information and relevant copies to clearly explain the transfer of the I- 485 petition to a different I-140 approval.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Procedure for Filing the I-824

What is the procedure for filing the I-824?

The I-824 needs to be filed concurrently. Once the I-485 approval is done, the I-824 must be adjudicated. Any further delays should be reported to USCIS.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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I-140 Expedite requests

What is the process for I-140 expedite requests?

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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I-485 Filed While Applicant is Outside United States

Can an I-485 (Adjustment of Status) application be filed while the applicant is outside the United States?

No. It is required that the applicant be on U.S. soil when the application is submitted. For those applying from outside the United States, Consular Processing would be in order.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Evidence of Legal Permanent Resident Status

If a Legal Permanent Resident (LPR) needs proof of LPR status, USCIS provides an ADIT stamp in the passport.This is not done often because the card is usually manufactured and delivered very quickly for newly approved applicants. However, for those in removal proceedings, the ADIT stamp is still needed.For those without passports and for those with expired passports, in the past, USCIS issued the ADIT stamp and a seal on an I-94 card to which a photo of the LPR was attached. Has there been a change to this process?Can an attorney with a G-28 attend with an INFOPASS on behalf of the client for ADIT stamp issuance? Is there any requirement for the client to be physically present?Does it make a difference if the LPR has been ordered by an Immigration Judge to be removed but an Appeal to the Board of Immigration Appeals (BIA) is still pending? (The person is still an LPR until the BIA decision).

There have been no changes to this policy.  USCIS does not issue ADIT stamps routinely as the applicant should be receiving I-551s within several weeks.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Expedited Advanced Parole

An applicant whose Form I-131 is filed and currently pending at a USCIS Service Center may go to a local office to apply for an expedited Advance Parole in case of an emergency. Have there been any changes to the process in which the applicant presents a copy of the receipts for the I-131 (and the underlying applications), documentation proving the emergency, filing fee, and two photos?

There has been no change to this policy.  USCIS requires documentary evidence of the emergent situation, as well as supporting documentation indicating that the applicant has a pending application.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Priority date retrogression -- consequences and concerns

The current prediction that the priority dates for employment based green card applications are likely to retrogress again has brought a lot of speculation and questions from our clients and our community. Let me clarify some of the questions and concerns. Q 1. What happens if my priority date (“PD”) retrogresses while my I-485 is still pending? Q 2. Can we expedite the adjudication of our pending I-485 (or any application, for that matter)?

A 1. There are two possibilities. First, the case is not yet ripe for adjudication (for instance, it has not been assigned to an officer or the security clearances are not yet submitted or obtained), USCIS can shelf the case and not process it any longer untile the PD becomes current again. Second, USCIS can “preadjudicate” that case. That means the case is adjudicated and then shelved for PD to become current again. I do not believe there exists a mechanism currently to determine what USCIS will do with an individual case.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Spouse of an O-1 - next step to Green Card

I am the spouse of an O-1 visa holder and we live in the US (so I am on an O-3). His company is putting together the application for his green card, but do they need to do a separate one for me too? Or do I get one automatically if he gets one? Or do I have to wait until he gets one and then he applies for one for me? And what about our children - too young to work yet, but want to make sure they are ok too.

The way it works is that the company can file everyone's AOS (Form I-485) together OR they can first get your husband's I-140 approval and leave you to file the last step (AOS) for the family.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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