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After an Immigrant petition for Alien Worker (Form I-140) has been approved for you, the next step is to adjust your status to that of a U.S. permanent resident. The filing of form I-485 and accompanying documents is the last step in your pursuit of permanent resident status. This is also known as immigrant or green card status. Adjustment means that you stay in the U.S. and change from temporary to permanent status, without being required to return home or apply for an immigrant visa at a U.S. consulate abroad. To do this you must complete Form I-485 and required attachments and file them with the Texas Service Center of US Citizenship and Immigration Services (USCIS). The Office of International Affairs is pleased to provide information on the adjustment of status procedures as a courtesy to our faculty and staff. You may use this information to help you prepare your I-485 forms. The application for adjustment of status is not filed or prepared by your employer. UTMB as your employer cannot act on your behalf or intercede for you with USCIS. It is an application filed by you with USCIS to establish that you are personally eligible for U.S. residency status. You are responsible for completing the forms accurately and truthfully. These forms are not processed through the Office of International Affairs As such, we cannot advise you as we have on the I-140 steps for the permanent residency process. As of July 31, 2002, filing the I-485 can now be done concurrently with the I-140 immigrant visa petition. However, please note that our office only handles the filing of the I-140 petition. If you plan to file concurrently please let us know so that we can coordinate this effort with your attorney.
Advise you on the immigration options available to you; Help you make decisions about what is best for you in your circumstances;
Make sure that the correct forms are filled out in the proper way and are submitted in a timely manner to the appropriate government offices; refer you to other qualified lawyers in immigration law or in other specialized fields such as family law, criminal law, tax law, and business law, when necessary
Communicate with the Texas Service Center regarding delays, incorrect legal decisions, and other problems
Serve as your advocate, appeal an unfavorable decision by DHS and go to court, if necessary, to argue in your favor
Some attorneys bill by the hour. Others bill by the kind of work done, such as a set rate to file an application for adjustment to lawful permanent resident status with accompanying documents and forms. Others bill by the kind of form filed, such as charging one fee for filing the form for adjustment of status and different fees for filing the accompanying requests for work and travel permission. Some attorneys include filing fees in their own fee structures. Others add the cost of filing fees to your bill. DHS generally charges filing fees for all petitions and applications. Some attorneys include express mail and other mail costs in their own fee structures. Others may add the cost of express mail to your bill. Some attorneys include the costs of ongoing consultation in a set fee. Others will bill for each time they talk with you on the telephone, make a telephone call in your behalf, or take any other action on your case. If DHS asks for additional information or if the petition or application is denied, the attorney may charge an additional fee to prepare and submit that information or to file an appeal to a denial. Attorneys want to succeed in getting you the immigration benefits you want, and will work with you to set up payment schedules and agreements. If you are in the middle of an immigration process and you fail to pay the attorney per your agreement, the attorney has the right to stop work on your case, even if that would have a negative effect on your immigration process.
Be sure you and your attorney understand clearly what you want the attorney to do, what your obligations are regarding providing necessary documents, exactly how the fees are structured, and how and when you are expected to pay for services.
TO OBTAIN FORMS:
Request one set of forms for each family member who will be applying for an immigrant visa.
Forms can be obtained from the following links: By Internet: Forms can be ordered at www.uscis.gov. Click on Forms, Fees, and Fingerprints. Downloading forms: Many forms can be downloaded from www.uscis.gov. By Phone: Dial 1-800-870-3676. Ask for the Form I-485 packet. State that your application is based on employment. If family will be applying with you, also request a copy of Form I-134.
COMPLETION OF FORMS:
The International Office strongly recommends that you photocopy all the forms and complete them in draft on the photocopy before completing originals. CHECKLIST FOR I-485 PACKET Fees are subject to change so please check www.uscis.gov for latest information. More information about the I-485 packet forms listed below can be accessed at http://uscis.gov/graphics/howdoi/lprapplication.htm :
1. Form I-485 (Application for Lawful Permanent Residence). Requires two photographs. Effective April 30, 2004, the application fee is $315.00 for each person over 14, and $215 for each person under 14. 2. Form I-765 (Application for work card authorization). Requires two photographs. Effective April 30, 2004, the current processing fee is $175.00 per applicant. 3. Form I-131. Application for Advance Parole (permission to travel abroad). Requires two photographs. Effective April 30, 2004, the current application fee is $165.00 4. Form G-325A. Biographic Data Sheet. Not required for children below 14 years of age. 5. Fingerprint fee form. Not required for children below 14 years of age. 6. Photographs. See instruction sheet on I-485 packet or visit Guidelines for Producing High Quality Photographs for U.S. Travel Documents. 7. Form I-693. Physicians Certificate. Completed by a United States Citizenship and Immigration Services (USCIS) approved physician. Do not complete this form. 8. Form I-134 Affidavit of Support for spouse and children only. This is for employmentbased immigration based on filing an I-140. Complete one form for each person who will immigrate with you; The I-485 application that is mailed by USCIS will contain a different Affidavit of Support or form I-864 which is used only for family based petitions.
9. Birth certificate for you and each family member who will immigrate with you. 10. Documents proving family relationships for each family member who will immigrate with you. 11. Document certification form. Completing and submitting this form permits the applicant to send copies rather than original documents.
12. Appointment letter. Unless the I-485 is concurrently filed with your I-140, a new appointment letter confirming title and salary of the job as described in the labor certification or the I-140 is required. 13. Form I-797 immigrant preference petition approval notice. 14. Copies of passport pages and all visa documents for each individual. The passport identification and U.S. visa pages must show your identity and that you were granted a visa to come to the U.S. 15. Cashiers Check or Money Order payable to Department of Homeland Security for each application. 16. Mail I-485 forms directly to the USCIS office at the address specified in the instructions for the form. Currently this is the USCIS regional service center with jurisdiction over your place of residence. The Texas Service Center is our local regional service center.
The I-485 application packet can be filed directly with the USCIS office that has jurisdiction over your place of residence. The proper mailing addresses are located in the I-485 packet. The following are not rules but merely suggestions to help move your application along more efficiently. Also see www.uscis.gov for filing instructions, forms and fees. 1. Remove all instructions pages from the forms. 2. Prepare a separate stack of papers for each person. Put each stack in the following order: