Tips in Filing Form I-485 for Adjustment of Status

You must be attentive while you file Form I-485 and you must first read the form instructions before filling the form. Moreover, you may be required to submit few supporting documents along with your application for adjustment of status, to prove that you are eligible for the process.

Your application may be delayed or denied, if you do not file your application along with the required documentation and you may also be considered ineligible for adjustment of status. You may be required to be present for biometrics collection at an Application Support Center.

 

You will then be called for an interview at a USCIS office and you need to submit all the original documents including your passport and travel documents, at the time of your interview. However, all the adjustment of status applicants may not be required to appear for interviews. USCIS will then mail its decision to you, after reviewing your application and after the biometrics collection and the interviews.

Procedures of U.S. Citizenship Application

The process of filing in your US citizenship application is quite easy, if you have acquainted yourself well, with the procedures, before starting on the application. If your case is a regular one wherein you have been a permanent resident for either 5 yrs or 3 yrs and have satisfied all the other eligibility criteria, then the process of filing in your citizenship application will be very easy.

Hierarchy of the procedures of US citizenship application

• Eligibility check
• Getting the correct USCIS Form
• Completing the form and submitting it

Eligibility Check

 

You can file in your application only after the completion of your 5yr/3yr anniversary as a green card holder. You can file 90 days before the expiry of this period. In order to check whether you are fully qualified for US citizenship, you can make use of the Naturalization eligibility worksheet (found at the end of the ‘A guide to Naturalization’). This is very helpful to determine whether you are an eligible applicant or not.

A very important criterion that you need to satisfy, apart from being a permanent resident is, that of maintaining the continuous residence period and physical presence period in the US as per the USCIS stipulations. Only if you are enlisted in the Military or under Government Service will you be exempt from this or enjoy certain concessions.

  

Getting the Correct USCIS Form

 

The USCIS forms that cater specifically to citizenship are N-400, N-600, and N-565. If you are filing it to get naturalized as a US citizen, then N-400 is your pick. N-600 is for acquiring citizenship through your US Citizens parents while the last one is to get a replacement of your citizenship certificate (in case of it being stolen, damaged or destroyed).

Generally N-400 is considered to be the citizenship application and you can obtain this from any of the USCIS offices. Additionally you can download them for free from the government website or place an order, with the USCIS, either through phone or mail.

 

Note that there is no fee for getting a USCIS form, but there is a specific fee for filing it. The current filing fee for N-400 is $680 ($85 is for biometrics), which needs to be sent in along with your citizenship application. This fee is absolutely not refundable even if your application gets rejected. So make sure that you read all the instructions that are provided, over and over again, so you avoid any possible chances of the application getting rejected.

Adjustment of Status Form I-485 Questions

What is Adjustment of Status Form I-485?

Adjustment of status is a process which allows non-immigrants in the United States to adjust and change their non-immigrant status to immigrant status, if they belong to an eligible category. If you feel that you are eligible for adjustment of status, you may file the USCIS Form I-485.

When to File an I-485 Adjustment of Status Application?

You can file the I-485 once you received the I-130 or I-140 receipt notice from the USCIS. The priority date determines the visa availability. For relative petitions, the priority date is the date when the I-130 immigrant petition form was properly filed. For employment-based petitions, the priority date is the date from the labor certification that was filed with the Department of Labor (DOL), or the date that the I-140 immigrant petition was filed with the USCIS (if no labor certification was required).  The priority date becomes "current" when there is a visa available.  If the priority date is current, you may file for Adjustment of Status during the month when the priority date is current. The State Department issues a document each month called the Visa Bulletin that lists the current priority dates for each immigrant preference category.  There are also special situations, such as the diversity visa lottery, registry, and asylum that permit filing for adjustment of status within specified timeframes.

Source: When can I file my I-485 Adjustment of Status?

Question: What to Do If Your Citizenship Application is Denied?

When one's citizenship application is denied, he will still be a lawful permanent resident but will not become lawfully recognized as a U.S. citizen. He can try correcting the reason for the denial and reapply again.

But one should worry so much because denied applications are reconsidered by the USCIS. During the process of re-application for US citizenship, you will be required to submit a copy of your denied application or you must inform the USCIS about the details on the first attempt on citizenship application. Stating the reason for denial is also needed for further verification. You can always retain a copy of the form that you file and the mailing proof for your reference. If you meet all the eligibility requirements for citizenship, you will be called to submit only the finger prints, if you have already passed the civics and English tests.  

Then the USCIS will review your entire file to check for any fraudulent information. If your file seems to contain false information, then your application will be denied. Other reasons for denied applications are lack of good moral character, low knowledge of English, and civics and criminal convictions. 


GROUNDS for DENIED CITIZENSHIP APPLICATION

English and Civics Tests

One of the common reasons or the rejection of citizenship applications is the inability to write, speak and read English. The citizenship interview and exam is done in English. However, you can request a waiver for this if you,
*are a Green card holder (lawful Permanent Resident) in the US for the past 20 years; and you are above 50 years old.
*are 55 years old and you have been a Lawful Permanent Resident in the USA for 15 years.
*have mental or physical disability which disallows you from taking the test. Provided that there is a letter signed by registered doctor.  
 
If you fail in the test, you will still be a permanent resident, and you can still take up the English and the Civics test for the second time after 90 days from the first test.


Good Moral Character

Lack of Good Moral Character also leads to a denial of citizenship. If your application has been denied for this reason, you can reapply after 5 years, developing proof of your good moral character.


Criminal Convictions

If the applicant is found to be a criminal, the application is most likely to be denied. And to those who have committed grave crimes, deportation will take place. However, applicants that are convicted of a less serious crime can reapply after 5 years from the date of offense. 


Under certain circumstances when your application is still denied for any other reasons aside from the above mentioned, you can try solving the issues and then re-file an application for citizenship. Seek for a professional help this time to for a better understanding of the process.