Follow Us on Twitter

What should I do after my I-485 has been approved?

The Approval Notice will be mailed to our office. This Notice is the culmination of the INS processing of your Application to Adjust Status. The PR Card usually follows by mail.

My wife is pregnant. Does she have to obtain a medical report at this time?

No she does not. She can always submit the medical report at a later stage. In fact, the INS will provide the candidate with an opportunity to submit the medical report prior to final adjudication of the Application to Adjust Status on Form I-485.

What do I do if I don't have a birth certificate?

Birth Certificate and Documents in Lieu of Birth Certificate
You will need to provide a photocopy of your birth certificate and a photocopy of the birth certificate of each family member applying with you. Please be advised that each of the birth certificates must include all of the following information

 

  • Applicant's Full Name
  • Full Date of birth (Month, Day and Year)
  • Place of birth (City, Province/State if applicable, country)
  • Full Name of Mother (BOTH First Name and Last Name - maiden or married name.) Both first name and last name must be spelled out. An initial is not sufficient.
  • Full Name of Father (Both First Name and Last Name.) Both first name and last name must be spelled out. An initial is not sufficient.

Birth documentation must comply with the State Department Foreign Affairs Manual ("FAM"), which specifies documents required and available from each country. A Birth Certificate is available from most countries. In some instances, a Birth Certificate may not exist or may not contain all of the required information. If that is the case, the FAM will describe what alternative documentation may be submitted in place of a birth certificate.

 

Indian Nationals


If a birth certificate does not exist or it does not contain all of the required information as stated above, a sworn affidavit executed by both parents (mother and father) may be submitted. For a sample affidavit by both parents, click [here].

Alternatively, if either or both parents are not living, then the missing affidavit(s) can be signed by any other close relative older than the applicant, who is not party to the application and who has direct knowledge of the birth event and circumstances. Two affidavits are required. Here is a sample of the affidavit.

The affidavit must specify the relationship between the signer and the applicant, how well the signer knows the applicant, date and place of the applicant's birth, the names of both parents, and any other related facts. The affidavit must be signed and notarized. Here is a sample affidavit by a close relative. The affidavit can be modified accordingly.

 

Certificate of Non-Availability


When a birth certificate does not exist, a "Certificate of Non-availability" issued by a competent governmental authority confirming that the birth certificate does not exist should accompany an affidavit of birth. There is no set format for certificates of non-availability, but the document must indicate the reason the record does not exist, and indicate whether similar records for the time and place are available.

 

Translations
Any document containing foreign language submitted to the INS must be accompanied by the full English translation, which the translator has certified as complete and accurate, and the translator must certify that s/he is competent to translate from the foreign language into English. The translation must be done by a third party (non-family member).

 

Certification of Translation
I, ________________________, certify that I am familiar with the English and _______________________languages, and certify that the above is a correct and accurate translation of the following documents attached hereto.


Date: ______________________ ______________________________ Name of Signer

When should I file my spouse’s Application to Adjust Status?

You can file an Application to allow your spouse to join you in your Green Card application up until the final adjudication or your Application to Adjust Status. In other words, it is not necessary to get married prior to filing the Form I-485, Application to Adjust Status. You are allowed to file an application on behalf of your spouse after the filing of the Application to Adjust Status, but prior to final adjudication.

What is the difference between Consular processing and Adjustment of Status?

The final stage of the Green Card process involves filing an Application with the Immigration and Naturalization Service to adjust status from that of a nonimmigrant to that of an Immigrant. This stage can either be completed in the United States, or abroad at a Consulate, involving “Consular Processing.”

Is Consular Processing in any way more advantageous than Adjustment of Status?

This applies to the final stage of your Green Card process. Advocates of Consular Processing draw attention to the fact that it is faster and supposedly less cumbersome than Adjustment of Status. Nothing can be more simplistic than this notion of quick and easy processing at the Consulates abroad.
Here is what you need to know about the process - Consular Processing involves the Consulate and therefore the capricious concept of ‘Consular discretion’. Further, the Consulate does not afford Attorneys the opportunity to represent the Applicant at the Consulate, leaving the Attorney incapable of bailing the client out of a difficult situation. Almost all Consular cases are subject to a personal interview process before a Consular Officer, further subjecting the Applicant to scrutiny and “second guessing.” Moreover, and more importantly, the AC21 statutory provision that allows an Applicant in Adjustment of Status proceedings the ability to find new employment after 180 days of the filing of the Application without losing the validity of the underlying Labor Certification Application, or Immigrant Petition, is unavailable to Applicants who opt for Consular Processing. The process is further complicated by a new rule that requires all processing be completed by the National Visa Center, in the U.S., before any Consular Processing can commence. This is bound to delay the process and render the advantage of faster processing, moot.
Further, upon filing an Application to Adjust Status, the Spouse of the principal applicant is granted an Employment Authorization Document to work in the United States. This advantage is not available when one opts for Consular Processing.
Finally, Consulates may change processing rules and introduce additional documentary and evidentiary standards almost overnight without any need for administrative rule making or procedure. This is most unnerving.

What is the Priority Date?

The priority date is used by the Service to establish the priority with which the alien will obtain a visa or be allowed to adjust status. Generally, this is the date on which the Department of Labor, or USCIS, as the case may be, accepts your application for processing.

How Does the Priority Date play a role in my case?

The Priority Date is the date by which the Service determines, or allows you to Adjust Status to that of a Permanent Resident. It is important and should be kept handy when checking status information.

Consult Us

ShareThis