Who can file i485

Who can file i485

What is the i-4form? Can I file I 1and i4concurrently? In the text box, write “ LRIF” to indicate you are applying to adjust status based on Liberian Refugee Immigration Fairness.

If you are applying as a family member of an LRIF-eligible Liberian national, write “LRIF family member” in the text box. Form I-48 Application to Register Permanent Residence or Adjust Status , is used to apply for a green card. But not anybody can file Form I-485. Physical presence in the United States through lawful means is one of the most fundamental requirements.

Eligibility for Form I-4depends on several factors. But each category of eligibility for Form I-4has separate requirements. There is a range of individuals who may file Form I-4based on several unique situations: Based on an Immigrant Petition – If your immigrant petition is approved and a visa number is immediately available or if you are filing Form I-4with a special Petition that would make a visa number immediately available, you may file the Form. For purposes of a marriage-based green car only a foreign spouse who is physically present in the United States can file an I-4to apply for a green card.

Who can file i485

The spouse must have entered the United States on a valid visa. In addition, an immigrant visa must be “immediately available” for the spouse. This is true even within family-based immigration or asylum contexts.

Based on a fiancé-based petition (Form I-129F), you may file Form I-4once you: Entered the U. K-visa AND married the U. K-child AND your K-parent is also eligible to file Form I-485. Form I-4is the primary application form used by would-be immigrants who are: eligible to apply for a U. There is one exception: You can adopt your spouse’s country of birth under the doctrine of cross-chargeability. File I – 4earlier: You, your spouse, and your unmarried children under can file your I – 4applications ( i.e., green card applications) at the same time your employer or you file an I -1Immigrant Petition for Alien Worker. EB-process – filing a Form I-4adjustment of status application to obtain your conditional green card – without returning to your home country to obtain an immigrant visa.

For employment-based immigrant petitions, an I – 4application can be concurrently filed with the underlying Form I -1petition, provided that a visa number is available to the prospective beneficiary at the time of filing. For more information on concurrent filing, click here. It is the final step of a long journey to green card (see our roadmap for more details).

How Long Does It Take to Receive Approval for My I – 4Application? The medical examination can be done by a medical doctorwho is authorized by U. Citizenship and Immigration Services (USCIS). Normally, the employer files the I -14 but you can self- file your I -1under certain categories, such as Aliens of Extraordinary Ability and National Interest Waiver. If you filed the I-4you may not leave the country without the I-1advanced parole, or your 4will be deemed abandoned by USCIS.

Thus, you should file the I-1if you intend on international travel. It can take 2-months to approve unless you move to expedite the I-131. Apart from the forms being numerous pages long, the instructions for the two forms seem to confuse the entire process even further. First, determine if you are eligible to file I – 4at all. Visa number availability.

Adjustment of status” (AOS) is the process by which an immigrant applies to adjust his or her status from “nonimmigrant” to “immigrant”. We usually see that people from India and China had a huge backlog all the time. But typically, all other countries had a green light to submit I – 4right away.

Who can file i485

Foreign nationals who are in the U. I – 4for change of nonimmigrant status. When should I – 4be filed? Form I – 4is the application for adjusting immigration status.

File form I – 4: In this case, the applicant can file for adjustment of status using form I – 4and for family members while in US. Consular office in their home country. Consular Processing: In this case, applicant can apply for adjustment of status at the U. A Supplement J filed with a stand-alone I-4will be adjudicated at the same time but if there is a need for pre-adjudication, the Supplement J decision will be sent before the I-4decision.

Who can file i485

I – 4application for adjustment of status may apply for an Employment Authorization Document (EAD) during the period that the application is pending, including any period when an administrative appeal or judicial review is pending.