TIPS ON ADJUSTMENT OF STATUS

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.

INFORMATION ON HIRING ATTORNEYS:

We believe that it is in your best interest to hire a qualified immigration attorney to prepare and file this application for you. The language and multitude of forms and requirements can be confusing, the titles of the forms can be misleading, and the immigration laws and regulations are complex and ever changing. It is not as easy as it seems to select the right form, fill it out correctly, and file it with all of the accompanying documents at the proper DEPARTMENT OF HOMELAND SECURITY (DHS) office. An attorney can help you understand the benefits available to you, organize and file the right paperwork, intercede on your behalf, and be present with you at most DHS interviews. Your own personal attorney can represent your interests and should be willing and able to:

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

FEES AND BILLING ISSUES:

Most reputable attorneys will be willing to discuss costs and give you a rate schedule in advance of your signing a contract. Here are some issues to consider and items to look for in comparing costs:

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.

FILING INFORMATION AND HELPFUL TIPS

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:

Form I-485 on the top; Place 2 photos in an envelope and print the word photos on the outside of the envelope. Staple photo envelope to the upper right corner of the application; Form I-765; Place 2 photos in an envelope and print the word photos on the outside of the envelope. Staple photo envelope to the upper right corner of the application; From I-131; Place 2 photos in an envelope and print the word photos on the outside of the envelope. Staple photo envelope to the upper right corner of the application; Fingerprint instruction sheet with note regarding the fee printed at the bottom; Form G-325A;



Form I-693; the health certificate in its sealed envelope. DO NOT OPEN THE ENVELOPE; Form I 797 petition approval notice. Include a copy of the I-797 in every stack; Form I-134 required for each family member but not for you, the primary beneficiary; Updated appointment letter. Include a copy of your appointment letter in each persons stack of forms; Document Certification Form; Birth and marriage and similar relationship certificates; All other supporting forms and documents.

3)

Make copies of everything exactly as you plan to file it, including copies of checks and photos. If your whole package gets lost, you will need to reproduce the entire packet. Using a two-hole punch, punch holes in the top of pages and use a metal ACCO file clasp to secure the packet.

4)

5) STAPLE ALL THE CHECKS FOR THE FILING FEES ON TOP OF THE I-485 IN THE UPPER LEFT CORNER. Even when filing multiple applications simultaneously, such as an I-485, I-765, I-131, and place all checks together on the top left of each persons I-485 packet. USCIS strongly recommends that you write a separate check for each application that requires a fee. 6) Place all the stacks together in one large envelope with the principals stack on top. Use an envelope that is large enough so that all forms lie flat and the package is closed securely. 7) Mark the outside of the envelope in large letters to show what is inside. E.g. I-485, I-765, I-131 etc. 8) Mail by either U.S. Post Office Certified Return Receipt or Registered Mail so that you have a record of the date on which your application was filed 9) Keep copies of all receipt notices, correspondence, and other documents received in connection with your application.