Need help figuring out what forms and documents are required for your adjustment of status case? In this article, we’ll break down the essential forms and supporting documents needed when filing, ensuring you're well-prepared for a smooth application process.
Form I-130, Petition for Alien Relative
Petition signed by a U.S. Citizen spouse, parent, or child to establish a family relationship with the beneficiary for immigration.
Form I-485, Application to Register Permanent Residence or Adjust Status
I-864, Affidavit of Support under Section 213A of the INA
Affidavit signed by the petitioner showing they can support the beneficiary financially, ensuring they will not become a public charge.
I-693, Report of Immigration Medical Examination and Vaccination Record
Optional Forms
Form I-765, Application for Employment Authorization
Form I-131 Application for Travel Documents, Parole Documents, and Arrival/Departure Records
THE APPLICATIONS
I-130, Petition for Alien Relative
Form I-130 is the family petition signed by the U.S. Citizen petitioner to establish a qualifying relationship with the beneficiary.
Note: If the petition is based on marriage, Form I-130A must also be completed by the spouse.
To read more about the I-130 please visit USCIS: https://www.uscis.gov/i-130.
Required Documents:
1. Petitioner proof of U.S. citizenship (e.g., U.S. passport, birth certificate, naturalization certificate)
2. Beneficiary's birth certificate
3. Marriage certificate (if based on marriage)
4. Proof of dissolution of previous marriages (if applicable)
5. Evidence of bona fide relationship (e.g., photos, joint financial documents, lease agreements)
I-485, Application to Register Permanent Residence or Adjust Status
Form I-485 is completed and signed by the person seeking to become a lawful permanent resident. This form is used to apply for a green card while the applicant remains in the United States. It is commonly filed based on an approved or concurrently filed Form I-130, Petition for Alien Relative.
To read more about the I-485 please visit USCIS: https://www.uscis.gov/i-485.
Required Documents:
1. Government-issued identification.
2. Two passport-style photos of the applicant.
3. A copy of the Form I-130 approval notice (if not filing concurrently).
4. Proof of Legal Entry into the United States. A copy of the applicant’s passport, including the biographical page and the page with the admission stamp showing lawful entry into the U.S. or form I-94, Arrival/Departure Record.
5. Proof of Legal Status. If Applicant is presently in the United States under a visa, such as an employment or student visa, proof that the Applicant is maintaining status is required.
Additional Documents Based on Part 9 of Form I-485. Additional documentation may be required depending on how the applicant answers Part 9 (Eligibility and Inadmissibility Grounds) of the application. For example, if the applicant has been arrested, charged, or convicted of a crime, they must provide certified copies of the police report, court disposition, and any other relevant records.
Each applicant’s case is unique, and USCIS may request additional evidence or documentation based on the specific circumstances of the case. Therefore, it is crucial to review the entire application carefully and prepare to submit any required supplemental documents.
I-864, Affidavit of Support Under Section 213A of the INA
Form I-864 is completed and signed by the petitioner (the U.S. citizen or lawful permanent resident who filed Form I-130) to demonstrate that they can financially support the beneficiary and prevent them from becoming a public charge. The sponsor agrees to provide financial support until the beneficiary becomes a U.S. citizen or accumulates 40 qualifying quarters of work in the U.S.
Required Documents for Form I-864:
1. Sponsor proof of U.S. citizenship or lawful permanent residence (e.g., a copy of the sponsor's U.S. passport, Certificate of Naturalization, or green card.
2. Most recent IRS tax transcript, OR Most recent W-2s along with the corresponding tax return (Form 1040).
To meet the financial support requirements, the sponsor’s income must be at least 125% of the Federal Poverty Guidelines for their household size. The household size includes the sponsor, their dependents, and the sponsored immigrant(s). If the sponsor’s income meets or exceeds this threshold, proof of assets is not required.
In most cases, the documents above are all the documents needed. However, depending on the Sponsor's household size and income, more documentation may be recommended such as a letter from the sponsor’s current employer and pay stubs, proof of assets.
For a detailed analysis of household size calculations and income thresholds, see our posts about Form I-864.
Important Note: USCIS may request additional documentation if the information provided is insufficient or unclear. Providing complete and accurate documents initially helps prevent delays in processing the petition.
I-693, Report of Immigration Medical Examination and Vaccination Record
Form I-693 is completed by a USCIS-approved civil surgeon, who conducts a medical examination to determine whether the applicant meets the health-related requirements for adjustment of status. The applicant is responsible for scheduling the exam, attending the appointment, and ensuring the completed form is submitted to USCIS.
To read more about the I-693 and its requirements, please visit USCIS: https://www.uscis.gov/i-693.Key Steps for Completing Form I-693:
1. Schedule an appointment. The applicant must find a USCIS-approved civil surgeon in their area and schedule a medical examination. A list of approved civil surgeons is available on the USCIS website.
2. Attend the medical exam. The civil surgeon will conduct a thorough medical examination, including vaccinations, to determine if the applicant meets health-related admissibility requirements. The applicant should bring any vaccination records to the appointment.
3. Obtain the sealed form. After completing the exam, the civil surgeon will place the completed Form I-693 in a sealed envelope. USCIS will only accept the form if it is submitted in the original sealed envelope.
4. Submit Form I-693. The applicant can either submit the sealed form along with their adjustment of status application or bring it to their adjustment interview if requested by USCIS.
Important Note: Form I-693 is a critical part of the adjustment process, and applicants are responsible for ensuring it is properly completed by a certified civil surgeon. USCIS does not provide this service, so any delays in obtaining the form may affect the processing time of the adjustment application.
I-765, Application for Employment Authorization
Form I-765 is completed and signed by the beneficiary (the person seeking employment authorization) to request a work permit while their immigration case is pending. This application is commonly filed by individuals adjusting status (Form I-485 applicants) or those in specific non-immigrant categories eligible for work authorization.
To read more about the I-765 please visit USCIS: https://www.uscis.gov/i-765.
Required Documents for Form I-765:
1. A copy of the receipt notice or approval notice for the primary immigration application (e.g., Form I-485 receipt notice or Form I-130 approval notice). This is not required if Form I-765 is being filed with Form I-485.
2. A copy of the beneficiary’s passport biographical page or government-issued photo ID.
3. A copy of the beneficiary’s Form I-94, Arrival/Departure Record, showing lawful entry into the U.S.
4. Two recent passport-style photos of the applicant (must meet USCIS photo requirements).
I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records
Form I-131 is completed and signed by the beneficiary (the person seeking permission to travel outside the U.S.). It is used to request various types of travel documents, such as Advance Parole (for adjustment of status applicants), (for permanent residents), and Refugee Travel Documents.
Required Documents for Form I-131 (Advance Parole for I-485 Applicants):
1. Proof of pending Form I-485 (if not filing concurrently).
2. A copy of the beneficiary’s passport biographical page or other government-issued photo ID.
3. A copy of the beneficiary’s Form I-94, Arrival/Departure Record.
4. Two recent passport-style photos of the applicant (must meet USCIS photo requirements).
5. A brief written explanation of the reason for travel and intended duration of the trip.
CONTACT US
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