What Documents are Required for Adjustment of Status

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Adjustment of status is the process where a prospective immigrant applies for lawful permanent resident status with the Citizenship and Immigration Service Bureau. It should not be confused with an application for an immigrant visa made through an overseas U.S. consular post. While both lead to the same result, the two procedures are completely different and have different rules and requirements.

An application for adjustment of status is filed with the Citizenship and Immigration Service Bureau in the United states using form I-485. If the applicant is 14 years or older, the application must also include form G-325A. The applicant must show that he or she is immediately eligible to receive a visa. This means that the applicant must either have an approved immigrant preference petition with a "current" priority date, or file an immigrant preference petition concurrently because his or her priority date would be current immediately if the petition were approved. This is known as "concurrent filing."

At a minimum, the applicant must also prove lawful admission or parole into the United States. Typically, this is a copy of a form I-94, showing admission or parole.

If the applicant is an "immediate relative" (spouse of a U.S. citizen, parent of an adult U.S. citizen, or unmarried, child under the age of 21 of a U.S. citizen), then it is not necessary for the applicant to prove that he or she has maintained lawful status at all times while in the U.S. on the current and all previous visits. If the applicant qualifies and an employment based immigrant, then the applicant need only prove that he or she has no more than 180 days of status violations since his or her last lawful admission. This rule only applies to employment based applicants and their dependents.

The burden of proof lies with the applicant. The applicant must show that he or she maintained lawful status at all times required. If the applicant held student status, then the applicant would need to show his or her I-20s for this period, plus transcripts showing a full course load. If the applicant has held work authorization, then the applicant must show seamless employment, with no gaps. In our office, we prepare a matrix, showing all relevant prior stays in the US, together with the proof of compliance and valid status.

The applicant must provide a clear copy of his or her birth record. If it written is in a language other than English, it must be accompanied by an English translation. If the applicant does not have an official birth record, he or she must produce a certification from a government agency, attesting that no government record exists, together with two affidavits from people who known the facts of the applicant's birth.

Depending upon the applicant's unique circumstances, it may also be necessary to provide copies of a marriage certificate, divorce decrees, death certificates, children's' birth certificates, copies of police arrest records and court docket sheets, and other important documents. To determine which documents are required in a specific case, refer to the instructions to form I-485.