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I am 30 years old. I am single. My dad is a US citizen and he filed an I-130 form for me at the Vermont Service Centre, the receipt date is July 20, 2000 when I was over 21. I am in the US at the moment with a B1 visa and I am wondering if my date is current yet and if I can apply for a work permit? Someone was suggesting an I-485 adjustment of status.
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I am 30 years old. I am single. My dad is a US citizen and he filed an I-130 form for me at the Vermont Service Centre, the receipt date is July 20, 2000 when I was over 21. I am in the US at the moment with a B1 visa and I am wondering if my date is current yet and if I can apply for a work permit? Someone was suggesting an I-485 adjustment of status. -
you can't just live in the country while waiting for permission to "live" in the country.
If your b1 is expired, you need to go back home.
If you overstay, and your # comes up. And go for aos - it'll get denied due to your overstay. All that time/expense wasted. And adding insult -- they'll deport you and slap a bar on you.
****ed up yes, but you'd have a better chance waiting for the next amnesty or doing what eveyrone else does. "marry". Illegals have a 5x faster tendency to get marraied rate than natural americans.
odd huh. hehe.
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The current priority date for your visa category is October 2000 so definitely you are eligible to apply for adjustment of status to permanent resident which will permit you to remain in the U.S. while your application is pending. You will be able to get a work card as well while the adjustment application is pending. You really need to consult an attorney. Email me if you wish to do so.Comment
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Thank you for responding to my message. Please how can I go about applying for this adjustment of status? Are you an attorney? well you can respond to me on mansa6@hotmail.comOriginally posted by Badmuslaw:
The current priority date for your visa category is October 2000 so definitely you are eligible to apply for adjustment of status to permanent resident which will permit you to remain in the U.S. while your application is pending. You will be able to get a work card as well while the adjustment application is pending. You really need to consult an attorney. Email me if you wish to do so.Comment
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Here's a step-by-step process, courtesy of USCIS:
http://uscis.gov/graphics/services/residency/family.htmComment
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But was your 1-130 approved by the Vermont Center? Because we are in the same situation ( I filed for my unmarried son over 21) and the visa is available according to Department of State visa Bulletin but Vermont haven't approved our petition yet. So we are not sure if we can file for adjustment of status witout INs approval.Comment
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No it has not been approved yet.Originally posted by ilug:
But was your 1-130 approved by the Vermont Center? Because we are in the same situation ( I filed for my unmarried son over 21) and the visa is available according to Department of State visa Bulletin but Vermont haven't approved our petition yet. So we are not sure if we can file for adjustment of status witout INs approval.Comment
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Thank you very muchOriginally posted by Lazarus:
Some free, useful information is also available on: http://www.us-immigration-visas.com
Good luck!Comment
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In NY, if your number is current and your I-130 has not been approved yet you may file your I-485 with a copy of your receipt notice. At the time of interview you will be asked to complete an I-130 with supporting documentation and a copy of the cancelled check/money order tracer. The I-130 will be adjudicated locally and the October 2000 priority date will be retained. If you live outside of NY I would check with the local office but they should be able to do the same thing.Comment
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I posted this q yesterday on ILW "chat with lawyers" and the answer was that an alien is not elegible for adjustment in the preferences categories if your I-130 was not approved by the INS. But I think every time there is a different lawyer in this chat, therefore we can ask them againComment
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That's not true. The date of filing will be your priority date no matter what. That's what's important....the priority date. The priority date is what prevents you from filing an I-130 & I-485 concurrently but once you have the proper priority date a local office can adjudicate the I-130 just as well as the service center. NYC does it.....check in your local district office.Comment
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Thank you Bronzelady for your response.I copied thi file from BCiS.Look under Other family members(not immidiate category"
You will need Acrobat Reader to view or print these forms in Portable Document Format (PDF).
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Form:
I-485, Application To Register Permanent Residence or Adjust Status
Number of Pages: 7
Edition Date: 2/7/00
Fee: $255, If you are applying for LIFE Act legalization, your fee is also $255. Please consult the "Paying Fees" section of your local office or Service Center page to learn which forms of payment are accepted. Acceptable forms of payment may vary by office. A separate fee for fingerprinting may also be required when the applicant is present in the United States. NOTE: The fee for this application has changed from that shown in the form's instructions.
Instructions:
Special Instructions:
Family-Based Applications
Employment-Based Applications
Special Application Cases
To work or travel while the I-485 case is pending
Syrian Adjustment of Status, PL 106-378
General Instructions:
The I-485 - Application to Register Permanent Residence or Adjust Status is submitted by the individual wishing to obtain permanent resident status (the "applicant"). It is generally filed with supporting evidence, and may be filed in conjunction with several other applications or petitions.
USCIS Online has several documents which should help clarify this process. The following links will provide both the applicant and the petitioner with information on the process of applying for legal permanent residence. They examine some special cases, and provide links to the law and further resources. Also, please be sure to completely read the instructions provided with the Form I-485 before filing.
For overall guidelines on submitting this application and its supporting documentation, please see:
How Do I Become a Lawful Permanent Resident While in the United States?
Application Procedures: Becoming a Permanent Resident While in the United States.
In most cases, a visa number must be available prior to filing an I-485. For more information please see:
How Do I Get an Immigrant Visa Number?
Special Instructions:
Family-Based Applications
Immediate Relatives
If you are the immediate relative (spouse, parent or unmarried child under 21 years old) of a U.S. citizen, submit the following forms:
I-485, Application to Register Permanent Residence or to Adjust Status
G-325A, Biographic Information
Either your original I-130, Petition for Alien Relative (if you are filing concurrently), or a copy of your I-797, Notice of Action (if the petition was already approved).
I-864, Affidavit of Support
I-693, Medical Examination of Aliens Seeking Adjustment of Status
All required supporting documentation as listed on the above forms.
You may download a package of all of these forms in PDF format.
You may also submit the following forms:
G-28, Notice of Entry of Appearance as Attorney or Representative (if you have a lawyer)
I-765, Application for Employment Authorization, if you want to work while your application is processed
I-131, Application for Travel Document, if you need to travel outside the United States while your application is processed
I-485 Supplement A, and penalty fee if applicable. See 8 CFR 245.10
I-601, Application for Waiver of Grounds of Excludability, if applicable
Special Instruction:
The I-485 in this case may be filed at the same time as the visa petition (I-130) which is filed by the U.S. citizen or lawful permanent resident. See your local office "About Us" page for any special local instructions including any local forms needed to apply for permanent residence.
Where to File:
Your local USCIS Office (except if you are in the Baltimore District - then file at the Vermont Service Center.) NOTE: Some offices accept Form I-485 only by mail. Please check with your local USCIS Office for local filing procedures.
Other Family Members
If you are filing based on a family relationship with a U.S. citizen or lawful permanent resident who is other than an immediate relative (which includes married children of U.S. citizens, adult [over 21] children of U.S. citizens, siblings of U.S. citizens, spouses and children of legal permanent residents), you should submit the following:
I-485, Application to Register Permanent Residence or to Adjust Status
G-325A, Biographic Information
Copy of your I-797, Notice of Action, showing that the I-130 petition was approved
I-864, Affidavit of Support
I-693, Medical Examination of Aliens Seeking Adjustment of Status
All required supporting documentation as listed on the forms
You may download a package of all of these forms in PDF format.
You may also submit the following forms:
G-28, Notice of Entry of Appearance as Attorney or Representative (if you have a lawyer)
I-765, Application for Employment Authorization, if you want to work while your application is processed
I-131, Application for Travel Document, if you need to travel outside the United States while your application is processed
I-485 Supplement A, and penalty fee if applicable. See 8 CFR 245.10
I-601, Application for Waiver of Grounds of Excludability, if applicable
Special Instruction:
May be filed only when a Visa Number is immediately available to you. Check the Department of State Visa Bulletin for availability. See your local office's "About Us" page for any special local instructions including any local forms needed to apply for permanent residence.
Where to File:
Your local USCIS Office (except if you are in the Baltimore District - then file at the Vermont Service Center). NOTE: Some offices accept Form I-485 only by mail. Please check with your local USCIS Office for local filing procedures.
For more information regarding the petitioning process for the U.S. citizen or lawful permanent resident, please see:
How Do I Bring My Spouse to Live in the United States?
How Do I Bring My Brother/Sister to Live in the United States?
How Do I Bring My Parents to Live in the United States?
How Do I Bring My Children to Live in the United States?
How Do I File an Affidavit of Support for a Relative?
Employment-Based Applications
If you are filing based on an offer of permanent employment in the United States, you should submit the following:
I-485, Application to Register Permanent Residence or to Adjust Status
G-325A, Biographic Information
Copy of your I-797, Notice of Action, showing that your I-140, Immigrant Petition for Alien Worker, has been received or approved by INS (As of July 31, 2002, an interim rule was published in the Federal Register allows for concurrent filing of Form I-485 with Form I-140, if a visa number is immediately available.
I-693, Medical Examination of Aliens Seeking Adjustment of Status
All required supporting documentation as listed on the forms
You may download a package of all of these forms in PDF format.
You may also submit the following forms:
G-28, Notice of Entry of Appearance as Attorney or Representative (if you have a lawyer)
I-765, Application for Employment Authorization, if you want to work while your application is processed
I-131, Application for Travel Document, if you need to travel outside the United States while your application is processed
I-485 Supplement A, and penalty fee if applicable. See 8 CFR 245.10
I-601, Application for Waiver of Grounds of Excludability, if applicable
Special Instruction:
May be filed only when a Visa Number is immediately available to you. Check the Department of State Visa Bulletin for availability
Where to File:
The Service Center that has jurisdiction over your intended place of employment.
For more information about applications based on employment, please see:
How Do I Apply for Immigrant Status Based on Employment?
Special Application Cases
There are several programs which have unique filing procedures for those who wish to use them to adjust to legal permanent resident status. This section is still in development. In the meantime, you may refer to the links below for more information on filing an I-485 package if you are in one of these categories.
Section 245(i)
The regulatory basis for this category may be found at 8 CFR 245.10
Nicaraguan Adjustment and Central American Relief Act (NACARA)
Immigration through the Nicaraguan Adjustment and Central American Relief Act of 1997 (NACARA)
Final Regulations for NACARA Section 202 Questions and Answers
Section 203 of the Nicaraguan Adjustment and Central American Relief Act Fact Sheet
Haitian Refugee Immigration Fairness Act (HRIFA)
Immigration through HRIFA
HRIFA At-a-Glance Fact Sheet
Haitian Refugee Immigration Fairness Act Questions and Answers
Final Regulations for HRIFA Questions and Answers
Refugees/Asylees
Refugees/Asylee Adjustment
(NOTE: The I-693 should not be filed with the initial asylum based I-485 adjustment application. This information will be requested at the time of adjudication.)
Battered Spouse/Child
How Do I Apply for Immigration Benefits as a Battered Spouse or Child?
To work or travel while the I-485 case is pending, please refer to:
How Do I Get a Work Permit (Employment Authorization Document)?
How Do I Get a Travel Document?
NOTE: If you have applied for adjustment of status, you may need permission to return to the United States before traveling abroad. Please read. If you do not apply for Advance Parole BEFORE you leave the country, you may be abandoning your application with the USCIS and upon your return you may be refused admission to the United States.
Special Instructions:
You may also need to know the specifications for photographs used by USCIS.
Download Formats:
I-485.PDF (Portable Document Format)
Last Modified 12/22/2003Comment
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