When preparing for an I-485 interview, applicants must understand the specific eligibility criteria required for the adjustment of status. These criteria are pivotal to the approval process and include the legitimacy of the initial immigration petition, the status of nationality and visa category, as well as criteria specific to adjustment of status.

Adjustment of Status Eligibility

An individual is eligible for adjustment of status to lawful permanent resident if they are physically present in the United States and have an approved immigrant petition. They must also have a visa number immediately available (if applicable) and not be inadmissible to the United States on public health, criminal, security, or other grounds.

Immigration Petition Approval

Adjustment of status applicants must have an approved immigration petition. Such petitions usually fall under family-based or employment-based categories, and for certain individuals, refugee or asylee status. The key approving authority is the United States Citizenship and Immigration Services (USCIS), and approval is a prerequisite before filing Form I-485.

Nationality and Visa Category

Applicants’ nationality and visa category can affect their eligibility for adjustment of status. For instance, certain categories like “First Preference EB-1” are for priority workers, including those with extraordinary ability and multinational managers. The visa category dictates the applicant’s place in the visa queue and is strictly regulated by the Department of State’s Visa Bulletin.

When preparing for an I-485 interview, the applicant must gather various documents to substantiate their eligibility for permanent residence. Primary among these are government-issued photo identification, birth certificates, and relevant passport pages. These documents serve as foundational proof of the applicant’s identity and immigration history.

Government-Issued Photo Identification

Applicants must provide a valid, unexpired government-issued photo identification. Acceptable forms of identification may include:

• A driver’s license.
• A state ID card.
• A national ID card.

Birth Certificates

The birth certificate must reflect the applicant’s full name, date of birth, place of birth, and the names of both parents. It is important to provide an original or a certified copy. In cases where the document is not in English, a certified translation is required.

Passport Pages with Nonimmigrant Visas

The applicant should include copies of passport pages showing:

• All nonimmigrant visas.
• Entry and exit stamps.
• The passport’s biographic page.

These documents prove the individual’s travel history and lawful entry into the United States, which are critical elements for the adjustment of status process.

The appropriate immigration forms are the cornerstone of a successful adjustment of status process through the I-485 interview. It is imperative for applicants to thoroughly complete and compile all required forms to ensure a smooth interview experience.

Completed Form I-485

The Form I-485, Application to Register Permanent Residence or Adjust Status, should be accurately completed. This form is the primary document applicants must fill out to apply for lawful permanent residency.

Form I-864 Affidavit of Support

Applicants must also provide the Form I-864, Affidavit of Support. This form is a legal contract between a sponsor and the U.S. government, proving the sponsor has adequate income or assets to support the immigrant.

Supplemental Form I-485A, if applicable

If applicable, the Supplemental Form I-485A should be included. This supplement is specifically for certain people who are adjusting status under section 245(i) of the Legal Immigration Family Equity (LIFE) Act.

When applying for an adjustment of status through Form I-485, one must verify their lawful entry into the United States. This involves presenting specific documents that clearly demonstrate the applicant was officially admitted or paroled into the country.

Admission or Parole Stamp

Applicants should provide a copy of the passport page with the admission or parole stamp issued by a U.S. immigration officer. This stamp serves as evidence that the holder was inspected and allowed to enter the U.S. at a port of entry.

Form I-94 Arrival/Departure Record

The Form I-94 is another critical piece of evidence, indicating the applicant’s arrival and departure record. If the applicant has a paper version of Form I-94, they should include a copy with their I-485 application. For electronic records, applicants can obtain their Form I-94 online from the U.S. Customs and Border Protection (CBP) website and print a copy for their records.

When preparing for an I-485 interview, the applicant should ensure they have all the necessary employment documentation to demonstrate their work authorization and employment history in the United States.

Employment Authorization Documents

Applicants must provide evidence of their eligibility to work in the United States. This includes:

• Form I-766, Employment Authorization Document (EAD), if applicable.
• If the applicant does not have an EAD, they should include alternate documentation such as a Form I-797 Notice for an I-765 application, showing that they’ve applied for an EAD.

Recent Pay Stubs

A history of employment is often verified through pay stubs. Applicants should prepare:

• Pay stubs from the last two to three months, illustrating their income and employment continuity.
• If pay stubs are not available, employment verification letters from the current employer can be used as proof of employment. These letters should be on company letterhead, include the applicant’s job title, start date, salary, and full-time status.

All documents should be organized and presentable, as they play a crucial role in establishing the applicant’s employment status and history.

For individuals applying for an adjustment of status through marriage, specific documents are crucial to establish the bona fide nature of the marriage. These documents serve as evidence for the United States Citizenship and Immigration Services (USCIS) to verify the legitimacy of the marital relationship.

Marriage Certificate

The marriage certificate is a foundational document in a marriage-based adjustment of status application. Applicants must submit the original document or a certified copy. This certificate should accurately reflect the full names of both spouses as recorded at the time of marriage and should be accompanied by a certified English translation if it is in another language.

Joint Financial Statements

USCIS expects to see evidence of shared financial responsibilities and resources. Relevant documents may include:

• Joint bank account statements
• Joint credit card statements
• Joint loans or mortgages documentation

Each statement should clearly show the names of both spouses, demonstrating co-mingled financial affairs, which typically supports the case for a bona fide marriage.

When applying for permanent residency through Form I-485, the medical examination validates an applicant’s health and vaccination status according to U.S. health standards.

Form I-693, Report of Medical Examination and Vaccination Record

The applicant must submit Form I-693 completed by a designated civil surgeon. This form serves as proof that the applicant has undergone a medical examination and satisfies all health-related grounds of inadmissibility. The examination includes a review of the applicant’s immunization records and the necessary vaccinations are administered if the applicant’s immunization records are incomplete.

• It is crucial for the applicant to schedule the medical examination as close to the filing of their Form I-485 as possible since the results are only valid for a specific period.
• The completed Form I-693 must be placed in a sealed envelope as provided by the civil surgeon and submitted with the adjustment of status application. The seal must not be broken, or the form may be considered invalid.
• Applicants should retain a copy of the completed Form I-693 for their personal records.

When applicants are undergoing the adjustment of status process via Form I-485, previous immigration proceedings are a critical component of their application.

Documentation required:

• Immigration Court Documents: Applicants must provide any documentation or correspondence from the Executive Office for Immigration Review (EOIR) if they have been in immigration court proceedings. This includes orders and decisions by an Immigration Judge.
• Prior Applications: They should also submit any relevant paperwork from previous immigration applications or petitions, such as notices of action (Forms I-797).

If applicable, include:

• Waivers or Relief: Records of any waivers or forms of relief from removal that they have applied for or been granted.
• Immigration Bonds: Proof of any immigration bond posted, including Department of Homeland Security (DHS) Form I-352.

It’s imperative that all documentation accurately reflects the individual’s immigration history and any interactions with immigration authorities. Discrepancies or omissions can lead to delays or denials. An individual’s past immigration proceedings can significantly impact the outcome of their current application, as it provides insights into prior compliance with immigration laws and the outcome of any immigration-related encounters.

When applying for an adjustment of status through Form I-485, applicants with a criminal history must provide comprehensive documentation. This ensures transparency and facilitates a thorough evaluation by the USCIS.

Certified Police and Court Records

Applicants should obtain certified copies of all police records and court documents that pertain to any criminal charges, arrests, or convictions, whether they resulted in a conviction or not. This documentation should include:

• Police Records: Any records involving the applicant’s interactions with law enforcement.
• Court Documents: Official documents from the court where the case was adjudicated, regardless of the outcome.

Background Check Clearance

The individual’s background check clearance requires submission of specific documents, such as FBI identity history summary checks. This may involve:

• Fingerprints Submission: Offering fingerprints to facilitate a background check.
• Clearance Reports: Presenting any clearance letters or certificates if previous charges were dropped or if the applicant was found not guilty.

The aforementioned resources are pivotal in guiding applicants through the appeals or motions process and should be utilized for accurate and up-to-date information.

When applying for adjustment of status through Form I-485 under specific circumstances such as asylum or refugee status, or when including family members as derivatives, applicants are required to provide additional specialized documents.

Asylum or Refugee Status Documents

Individuals granted asylum or refugee status should submit copies of their I-94 Arrival/Departure Record, evidencing their status. They must also provide the approval notice or other documentation issued by USCIS confirming their asylee or refugee status. These documents are essential to demonstrate the applicant’s eligibility for adjusting status under their respective categories.