I-485 FAQ

 

Do I need to file the medical exam together with the I-485?

For employment-based cases (or any case filed with service centers), yes. For cases filed at the local/district office (most family-based cases), it depends on the policy at the particular office.

Do I need to file the I-485 at the service center or at the local office? Do I have a choice?

This is a common source of confusion. No, you do not have a choice. Employment based I-485s must always be filed at the Nebraska Service Center. Family-based I-485s are filed at the Missouri Service Center. And if your I-485 is asylum based, you must always file at the Nebraska Service Center, no matter where you live.

Will there be an interview?

For employment-based cases, interviews are usually waived. Only about 5% of all cases will be interviewed. About 3% of all cases are considered "suspicious" for some reason, or need some kind of clarification. Another 2% are pulled at random for quality control purposes. If you are selected for the interview, you will receive a notification that your case has been forwarded to the local office. (this also sometimes happens if the service center is overloaded, so don't panic just because you get this notification).

I used Advance Parole (or an H-1B or L-1 visa) to travel out of the US while my I-485 was pending. Now the I-485 was approved while I was out of the country. What do I need to do?

First, get the approval notice from the US. Have somebody send it. Then use the approval notice in place of the H-1B or Advance Parole document (you should still show the H-1B petition or Advance Parole document). You should in this case be granted deferred inspection. Go to the local USCIS office with your approval notice for final processing.

I was out of the US when my I-485 was approved. Now I returned. As of which date am I considered a permanent resident?

This question can become important when you apply for citizenship. The answer to this question is actually not quite clear. I believe that you are a permanent resident effective the date you returned to the US, but have heard other people suggest that you might be a permanent resident as of the approval date.

I have an employment-based I-485 pending and was recently laid off. Can I start with another employer?

Under AC21 provision, you may change employers within the same field if the I-485 takes at least six months to process. The exact meaning of this clause, though, has not been defined because neither INS nor USCIS issued regulations yet.

Can I change jobs before the six months are up?

The letter of the law allows this because it says if the I-485 takes at least six months to process rather than after the I-485 has been pending for six months. However, because of the lack of regulations and INS/USCIS history of tightening regulations beyond what the letter of the law allows, many attorneys will recommend that their client try and actually stay with the employer for six months.

I was laid off and my employer revoked my I-140. Can I still change jobs while the AOS is pending?

Maybe. Ask an experienced attorney for advice. One condition for using the AC21-provision is that the I-140 must have been approved. So if your employer revoked it before approval, you are out of luck.

What other conditions are there?

Your new job must be in the same field as the old one. Unfortunately, the lack of regulations also means that same field is not well defined. Your salary should be the same as specified in the LC. Once again, because of the lack of regulations, it is not clear if this requirement actually exists. Your new job needs to be full-time. Your I-140 must have been approved.

How do I need to provide the medical examination?

As part of the I-485 package, you should have form I-693. Take this form to a USCIS-approved civil surgeon. He will conduct the examination and return the form to you in a sealed envelope. Keep the envelope sealed. If you file your I-485 at a USCIS service center, include it with the I-485. If filing at the local office, procedures vary. Some offices expect the I-693 together with the I-485, while most expect it at the time of the interview.

How long is the I-693 valid?

The I-693 expires after one year, if you have not filed it with USCIS. It does not expire any more after filing, regardless of how long USCIS takes to process your case.