What to do once Priority Date (PD) becomes current?

Anonymous said...
Good Day, great work you are doing here. When a PD becomes current take me through the process that follows please.

A very commonly asked question by fellow petitioners is the step by step process that they should follow after an individual’s Priority date will become current. There are two scenarios to it. 
 

a) If your I-140 is approved, you can file for I-485 for Adjustment of Status (AOS). Once I-485 application is approved, the applicant becomes a lawful permanent resident for US and receives green card.

b) If your I-140 is not filed or approved, you can concurrently file for I-140 and I-485. Your application for I-140 would be handled by your employer and attorney. Only thing that is expected from you is the experience letters showcasing your qualification to the advertised PERM position. Your case will not be approved unless until your I-140 is approved.

In each case, I-485 is an individuals or primary applicant’s petition and employer is not involved in this at all. Only role of the employer is to provide you with the Employment letter (see below). During the filing of I-485, primary applicants are allowed to add in their dependents (wife and children) to their petition. 

I-485 Process / AOS

Adjustment of Status is the final stage of Green Card. After the completion of this process, the applicant becomes a lawful permanent resident of the US.

A applicant can opt either for I485 or Consular Processing (CP).

1. File form I-485 - In this case, the applicant can file for adjustment of status using form I485 for him/herself and family members while remain in US.

2. Consular Processing - In this case, applicant can apply for adjustment of status at the US Consular office in their home country. (We will only cover details related to I-485 in this article. CP will be explained later in other article)

Preparation before filing I-485

 

What documents required to file for I-485 AOS?

The following is a generic list of documents may required for applying for 485/AoS application. It is expected that you have these documents ready to file I-485 application. It is advisable to start looking into it as soon as you think your PD would become current in coming months. The generic list is as shown below:

• Form I-485 - Application to Register Permanent Residence or to Adjust Status.
• Birth Certificate - If you do not have Birth Certificate, you may need a non-availability birth certificate letter from your birth city’s government office AND affidavit or oath under public notary from your parents and one relative or family friends vouching for your birth-date.
• Copy of Passport page with nonimmigrant visa
• Color photographs as per new guidelines
• Fingerprints ( USCIS will notify when and where to provide finger Print)
• Fee
• Form G-325A, Biographic Information (for those between the ages of 14 and 79 years)
• Employment Letter - on employer's letterhead. This letter should confirm that the job on which the visa petition is based is available to you and it should mention your salary.
• Copy of your I-797 Notice of Action, showing that your I-140, Immigrant Petition for Alien Worker, has been received or approved by USCIS .
• Form I-693, Medical Examination of Aliens Seeking Adjustment of Status. ( Must be completed by the USCIS authorized physician)
• Form G-28 Notice of Entry of Appearance as Attorney or Representative. This will enable your lawyer to represent you.
• Form I-765, Application for Employment Authorization or EAD ( Optional, if you want Employment Authorization while the case is pending)
• Form I-131, Application for Travel Document ( Optional, if you want Travel document in case may have to travel out of USA while case is pending)
• You might be required to submit copies of marriage or divorce certificate, death certificate (of spouse), birth certificates for children and certified copies of any arrests or criminal records, depends on your case. In case of non-availability of marriage certificate you may need to furnish affidavit on your marriage and some other proof that you are currently married and stay together (joint bank accounts, joint lease and so on). See country specific requirements on primary and secondary evidence for birth  and marriage certificate in case you DO NOT have originals.

Medical Examination

All applicants must pass a medical examination conducted by a civil surgeon approved by the USCIS and submit copy of I-693 with their application. Medical Examination as old as one year is allowed. If you think that your dates will be current in coming months, please get this done as soon as possible. This way you can beat the traffic especially if your dates will become current during last quarter of fiscal year.

You can find the USCIS approved civil surgeon in your area - online. You can also contact USCIS' National Customer Service Center at 1-800-375-5283 to find an approved civil surgeon in your area. The civil surgeon will record the results of the examination on the Form I-693 and in sealed in an envelope which should be submitted to USCIS along with I-485 applications. You are responsible for paying all doctor and laboratory fees for the exam. You must carry your passport (or other form of photo identification) and your medical and vaccination history. If a condition is diagnosed which makes you inadmissible, you may still be eligible for immigration after completing treatment for the condition.

Employment Authorization Document (EAD), USCIS Form I-765

You and your eligible family member like spouse can apply for an EAD.
An approved EAD allows to work or business to the secondary applicant (spouse).
The primary applicant may take up a part-time job or start a business as long continue working for the employer who filed for the Green Card.

Application for EAD (Form I-765) can be filed concurrently along with I-485 or any time after that as long as I-485 application is pending. The following documents must accompany the form:

• Fee payable by check or money
• 2 passport photographs taken within 30 days of filing the application and as per the new guidelines.
• Copies of both sides of your I-94 card
• Copies of both sides of your EAD if you already had one.

Depends on the service center, EAD approval may take few weeks to few months to get approval. For those who are secondary applicant and does not have a Social Security Number or not allowed to work can apply for Social Security Number , after receiving the EAD Card.

Advance Parole (Travel Document)

The Advance Parole or Travel Document is used to apply for admission to the United States upon return from abroad without having to obtain a visa from a US Embassy or consulate. You must fill Form I-131 for Advance Parole. There is a non refundable Filling fee to be paid by check or money order. This document is usually issued for the time it takes for the AOS application to be processed and is valid for multiple entries. Starting March 2011, both EAD and AP documents are issued on single card. Please ensure that you renew your EAD and AP in timely manner whenever you will travel outside US. If your AP would expire during your stay abroad or you traveled with expired AP, you will lose your AOS status and your I-485 will be denied. (This is not required if you are still in H1-B status. Please see below)

Maintaining your H-1B visa status during this time

It is not required but advisable to maintain your H1-B status even if you have file for I-485 application. Remember that H1-B is dual intent visa and you can file for AOS and still allowed to maintain your H1-B status. This is particularly important incase your AOS is denied and you would not lose your H1-B.

Including your spouse and children for AOS

You can include your spouse and children aged less than 21 at the time of filing I-485 for Adjustment of Status. You must submit all the documents required for AOS for each dependent (except form G-28). In addition, you may need to file Form I-134 (Affidavit of Support) for each dependent. Other documents may include:

• Copy of passport with I-94
• Copy of I-797 and H-4 visa
• Copy of Birth certificate
• Copy of Marriage certificate
• Original Bank statements
• Passport photos as per new regulations

After Submitting I-485 application

Once you would submit your I-485 form, following things would happen.

a) Fingerprinting/Biometrics

b) FBI Name Check

c) Interview (Waived for most applicants)

 

Fingerprinting/ Biometrics

When applying for I-485, you will be fingerprinted so the USCIS can check for FBI and criminal records. The USCIS accepts fingerprint cards prepared only by authorized sites such as Application Support Centers (ASCs), and US Consular offices and military installations abroad. Once you file for I-485, the USCIS will send you a letter with an appointment for fingerprinting and Biometrics for green card at the nearest ASC location. You must have the letter with you when you go in for biometrics. There is a charge per person. Once your biometrics is taken, you will be issued a card FD-258.
Remember: You should not submit the FD-258 card with your application. If you do so, the card will be rejected and you will have to go for fingerprinting again.

FBI Name Check

FBI name check is conducted by the National Name Check Program (NNCP) located in Washington DC. Its main mission is to look up an individual's name in a giant database (Central Records System - CRS) and find any matching records. It may sound simple but is actually a multi-step process that can get quite complicated. This is a typical work flow:

· Receiving requests: USCIS submit thousands of names weekly to NNCP on magnetic tapes;

· Electronic search: Batch names are searched against the CRS' General Indices;

· Easy clearance: If no record was found in either main files or reference files of the Universal Index (UNI) for a particular name, the name check is considered cleared;

· Manual search: Names returned with potential matching records ("hits") are searched again manually. Additional names are cleared after this step;

· Manual review: Names still remaining will be reviewed manually, and matching records located across the country must be forwarded to the agent for analysis.

· Completion: Results are returned to the USCIS who will make a decision as to what effects the information may have on the case.

As per June 2009 – FBI Process 98 percent of all name checks within 30 days and process the remaining two percent within 90 days. You do not have to do anything here. Your FP/Biometrics will take care of this. But your case cannot be approved until FBI Name Check is cleared.

Appear for an interview

Usually the interview is waived for most applicants. If you are called for an interview, it will be a formality. It is advisable to have your lawyer accompany you. The reason for the interview is to clarify any changes or corrections and to verify that all documents are correct. You may be asked to carry any documents that were missing or incorrect. You may be asked for tax records and pay stubs.

If your interview is waived (or if it is completed and you meet all requirements) you will receive an approval letter from the USCIS. You must go to the local USCIS service center with your passport and all I-94 and EAD cards. A temporary green card stamp (I-551) will be placed on your passport. This is an interim green card in case you need to travel out of the US. Within a few months, your green card will arrive in the mail - it is not green in color and looks more like a driver's license or a credit card.

What to do if you case is beyond normal processing time for I-485 application for your National Service Center?

You can do following things (though not advisable for cases which are not already pre-adjudicated) once your case is beyond normal processing time.

a) Open Service Request with USCIS

b) Contact your local Congressmen

c) Get Infopass

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