The “90-Day Rule” is an important policy used by USCIS when reviewing Adjustment of Status (AOS) applications. Under this rule, when you come to the United States on a nonimmigrant visa for example as a tourist or as a student, and you later decide to apply for adjustment of status to a green card within the first three months, USCIS will presume that you lied on your nonimmigrant application. This “rule” is meant to eliminate cases of individuals who misrepresented their nonimmigrant intent when obtaining temporary visas.
Any Adjustment of Status applicant who entered the US on a single intent visa must understand how the 90-day rule impacts their green card application. Applicants are advised not to apply for AOS before ninety days after their most recent entry in the United States on a temporary visa.
How to fill out Form I-485Form I-485 is the Adjustment of Status immigration form filed by foreign nationals who are physically present in the U.S. Below is a brief guide on how to fill out Form I-485:
- Part 1: Personal Information
- Include your full name, address, contact details, and personal information which includes your birthdate, birthplace, and immigration history.
- Part 2: Application Category
- State whether you belong to family-based, employment-based, or special immigrant status categories.
- Part 3: Additional Information
- Give information on your parents, former addresses, employment background, and your current immigration status.
- Part 4: Eligibility alongside Criminal Background
- Please answer questions about your admissibility, which includes any ties to criminal activities, immigration violations, or past cases of deportation.
- Supporting Documents
- Submit your passport, visa (when applicable), Form I-94 (Arrival/Departure Record), and acceptance notices for former petitions. The documents needed include proof of eligibility, including a family petition or an employment offer.
- Signature
- Fill in your signature on the form to indicate you verify that the provided information is accurate. Unsigned forms are denied by USCIS.
Filing concurrently raises a lot of questions, but if you carefully follow the steps provided below, you can ensure the success of your case:
- Eligibility Check: First, the applicant needs to verify the eligibility to file an adjustment of status concurrently. In general, the immediate relatives of the U.S. citizens including spouses, parents, or sons and daughters who are below the age of 21 years residing in the United States legally and those wishing to apply for adjustment of status are allowed to file concurrently.
- Prepare Form I-130 (Petition for Alien Relative): The Immediate relative of the intending immigrant, who must be a U. S. citizen, submits the Form I-130 to establish the relationship. This form needs some documents that show the eligibility of the family relationship such as proof of U.S. citizenship, marriage certificate or birth certificate etc.
- Complete Form I-485 (Application to Adjust Status): The immigrant needs to fill out Form I-485 to apply for the green card. This form gathers applicant’s biographical data, immigration history and current status, as well as information about the previous violations and criminal activity. Applicants need to submit supporting documents such as the proof of the legal entry into the U.S, and the medical examination report among others.
- Submit All Forms Together: Mail the completed application containing the following immigration forms to the correct USCIS Service Center besides Forms I-130 and I-485:
- Form I-765, Application for Employment Authorization (to obtain Employment Authorization Document (EAD), also known as Form I-766
- Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records (to obtain Advance Parole)
- Form I-693, Report of Immigration Medical Examination and Vaccination Record
- Biometrics and Interview: Following the submission, the USCIS is going to schedule a biometric appointment, which includes capture of fingerprints, and photograph. An interview may also be scheduled to determine the bona fide nature of the family relationship and the adjustment of status eligibility.
