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Polatsek and Sclafani, 2455 E. Sunrise Blvd., Suite 1216, Fort Lauderdale, FL 33304
(Revised 10/29/2002)

GUIDE FOR PERSONS WHO HAVE FILED (OR WILL SOON FILE) AN ADJUSTMENT OF STATUS APPLICATION BASED ON AN I-140 IMMIGRANT VISA PETITION (EMPLOYMENT-BASED GREEN CARD CASE)

The last step taken in any permanent residence case is Consular Processing at a Consular Post Abroad or Adjustment of Status in the USA. This writing deals with the latter (adjustment of status), based on an employment-based immigrant visa petition (Form I-140).

The filing of the I-485 adjustment of status application made by the principal applicant — who is the beneficiary of an I-140 immigrant visa petition — and his included family members (spouse and/or minor unmarried children who are in the USA and who have also signed their own I-485 applications) is made at the appropriate INS Service Center.

All employment-based I-485 adjustment of status applications are filed with a Remote Service Center and not with the local INS office. If an I-485 applicant lives in Florida, the appropriate Center is the TEXAS SERVICE CENTER. If the applicant lives outside the Southern Region, the application is filed with the appropriate Service Center serving his/her region.

These instructions do not apply to a person who has filed an I-485 application based on a family relationship. They apply to those persons who have applied for adjustment of status based on the sponsorship by an employer and their accompanying family members (spouse and/or children). Please note that while most instructions herein may also apply to those I-485 applicants who have filed their adjustment applications based on an I-130 Relative/Family immigrant visa petition, this writing takes into account those issues that apply only to I-140-based adjustment of status.

Applicants whose children may turn 21 during the time that the I-485 application is pending should read the section entitled Child Status Protection Act (CSPA).

Please read carefully the section dealing with the TIMELY application for extension of the EAD and Parole documents. Extensions MUST be filed at least FIVE TO SIX MONTHS in advance.

Persons who wish to get married to (or have married) a foreign national after the I-485 is filed and wish to secure some kind of visa for the spouse to enter the USA and also file an I-485 application should read the section dealing with that topic.

These instructions also contain information on matters that will affect a person AFTER he/she becomes a permanent resident.

CANADIANS

Any of the instructions contained herein apply to Canadian citizens except that any reference to a VISA or a VISA STAMP does not apply to them. Canadians do not require a VISA STAMPS to enter the USA in H-1B or L-1 (H-4 or L-2) and can do so with any Form I-797 H-1B or L-1 approval notice and/or Form I-94 stamped with the appropriate category. All other rules apply to them.

CHECKING THE STATUS OF YOUR I-485 ADJUSTMENT OF STATUS APPLICATION AND ANCILLARY APPLICATIONS

The Immigration Service has enabled its CASE STATUS SEARCH PAGE where an adjustment of status applicant can check the status of his/her I-485 application (and any ancillary applications). You can access the search page by clicking on the following link:

https://egov.ins.usdoj.gov/graphics/cris/jsps/caseStat.jsp

Once at the page, please carefully follow instructions therein.

To view the status of a case, please enter the corresponding application receipt number. The 13-character application receipt number can be found on application notices received from the INS. Dashes (”-”) should be omitted when entering a receipt number. However, all other characters, including asterisks (”*”), can be included if listed on your notice as part of the receipt number. Example: the filing receipt may contain the following receipt number SRC-02-042-51537. This filing receipt number should be entered in the search page as: SRC0204251537. We encourage any client to periodically check the INS case status page. Whereas before this could only be done on the phone and took, in some cases, over one hour, now it is a simple task.

Most filing receipts are mailed to our office but some may be mailed directly to the I-485 applicant. If any cleint would like to check on the status of any application (I-485 adjustment, I-131 Parole, I-765 EAD), he/she can e-mail migna.torres@hpolatsek.com to obtain the filing receipt number by e-mail. Siemens employees should contact meaghan.edelstein@hpolatsek.com for any adjustment of status related questions. Please note, however, the filing receipts are NOT mailed to us by INS immediately after the application has been entered in the system and it may take up to six weeks to receive any kind of receipt from the Texas Service Center (and other Centers).

COMMUNICATING WITH OUR OFFICES AFTER THE I-485 HAS BEEN FILED

The communication between our office and I-485 applicants will most likely be limited to the notification of requests for additional evidence (RFE), requests for and preparation of EAD and Parole extension applications, notifications of change of address and approvals. Such communication can easily be handled by e-mail. Moreover, communicating by e-mail is probably the most efficient method of communication as any e-mail request can be read at any time by the recipient and be forwarded to many other staff members for action. Of course, in cases of emergency or matters that may not be appropriate for electronic mail, we encourage personal visits or phone conferences. In fact, we encourage all our clients to visit our office as often as they need and wish to.

For routine inquiries and requests, our liaison persons are:

– Requests for filing verification, filing receipt numbers, mailing of filing receipts to secure Interim EAD, changes of address:

migna.torres@hpolatsek.com Migna Torres, Information and Data Specialist

– Appointment requests (personal appearances or phone conferences):

nannette.torres@hpolatsek.com or appointments@hpolatsek.com Nannette Torres, Receptionist

– Siemens employees (all I-485 related matters including EAD and Parole extensions):

meaghan.edelstein@hpolatsek.com Meaghan Edelstein, Siemens Liaison (AT OUR OFFICE)

Victoria.lachman@icn.siemens.com Victoria Lachman, Siemens Liaison (AT SIEMENS)

– Siemens employees (all nonimmigrant visa matters):

julia.sala@hpolatsek.com Julia Sala, Siemens Nonimmigrant Liaison (AT OUR OFFICE)

Victoria.lachman@icn.siemens.com, Victoria Lachman (AT SIEMENS)

– All requests for I-485, EAD/Parole extension applications (except Siemens employees):

johana.nunez@hpolatsek.com or elisabeth.vankleeff@hpolatsek.com Johana Nunez and Elisabeth Van Kleeff, both are I-1485, EAD and PAROLE Assistants

All such e-mail requests addressed to any of the above-listed individuals should also be copied (c.c.) to fblanco@hpolatsek.com or to any other attorney that you may select to be acquainted with your request. While direct communication with staff members is encouraged, the quality control of the case will be maintained by sending a c.c. to the responsible attorney.

If you feel more comfortable addressing all matters directly to me, please do so at fblanco@hpolatsek.com or to another attorney (see list of e-mail addresses).

If your e-mail properly identifies you (full name as contained in our records), your employer and the matter that you are writing about (I-485, EAD or parole question), then your e-mail will be responded to promptly without the need of locating your file (which would take additional time).

The complete list of our attorneys’ e-mail addresses is:

Harry Polatsek harry.polatsek@hpolatsek.com or hpolatsek@hpolatsek.com

Chris Wilburn christopher.wilburn@hpolatsek.com or cwilburn@hpolatsek.com

Franklin Blanco franklin.blanco@hpolatsek.com or fblanco@hpolatsek.com

Fritz Polatsek frederick.polatsek@hpolatsek.com or fpolatsek@hpolatsek.com

Steve Kain stephen.kain@hpolatsek.com or skain@hpolatsek.com

David Levy david.levy@hpolatsek.com or dlevy@hpolatsek.com

Michael Guevara michael.guevara@hpolatsek.com or mguevara@hpolatsek.com

Scott Hershenson scott.hershenson@hpolatsek.com or scott@hpolatsek.com

Juan Madrid juan.madrid@hpolatsek.com or jmadrid@hpolatsek.com

Serge Boheme serge.boheme@hpolatsek.com or sboheme@hpolatsek.com

The complete list of our staff members’ e-mail addresses is:

carmen.egan-wyer@hpolatsek.com or carmen@hpolatsek.com (billing)

julia.sala@hpolatsek.com or jsala@hpolatsek.com (Harry Polatsek)

johana.nunez@hpolatsek.com (Blanco and I-485 assistant)

elisabeth.vankleeff@hpolatsek.com (Blanco and I-485 assistant)

lynn.duffney@hpolatsek.com or lduffney@hpolatsek.com (Wilburn, Madrid, Boheme)

lajonza.sheppard@hpolatsek.com or llee@hpolatsek.com (Kain)

geb.bligh@hpolatsek.com (Guevara)

meaghan.edelstein@hpolatsek.com (Siemens I-485 matters)

vera.swift@hpolatsek.com (Fritz Polatsek and Scott Hershenson)

nannette.torres@hpolatsek.com or appointments@hpolatsek.com (receptionist)

migna.torres@hpolatsek.com or mtorres@hpolatsek.com (information specialist)

hugo.garcia@hpolatsek.com (file room)

Of course, our telephone number is (954) 566-0377 and our FAX number is (954) 566-0526 and we are located at 2455 E. Sunrise Blvd., suite 1216, Fort Lauderdale, FL 33304 (exit 30 on I-95 go east on Sunrise Blvd. to the International Building almost on the intracoastal)

STATUS AFTER FILING THE I-485 ADJUSTMENT OF STATUS APPLICATION

The moment an I-485 adjustment of status is filed, the I-485 applicant is automatically authorized to remain in the USA for as long as it will take for INS to process the I-485. This is so even when Form I-94 (arrival/departure record) has expired. This fact is important for the I-485 applicant to know so that he/she may not fear that he/she is unlawfully in the USA after the I-94 expires.

What a person is not automatically authorized to do, however, is work in the USA unless he/she has the proper authorization to do so (either a work-authorized status such as H-1B or L-1, etc. or an Employment Authorization Document), or travel outside the USA unless he/she has the proper document to re-enter the USA (either a VISA STAMP or a PAROLE). (See instructions below).

A person who is in lawful nonimmigrant worker status (and family members) at the time an I-485 is filed remains in that nonimmigrant status until such status expires or until he/she breaks such status by working with the EAD (explained below) or enters the USA with an advance parole (explained below). At the same time, such person is also an adjustment of status applicant and as such he/she is authorized to stay in the USA even after his/her I-94 has expired. Such person who was in lawful nonimmigrant worker status (and family members) was lawfully in the USA before the filing of the I-485 application and continues to be in lawful status after the filing of the I-485 even if his/her I-94 has expired.

If a person was in unlawful status at the time the I-485 was filed (under a special provision of the law), then such person continues to be in the USA in unlawful status but is protected against deportation for as long as it takes INS to adjudicate the I-485 and will be in lawful status at the time the I-485 is approved. If the I-485 is denied, he/she is again subject to deportation as an alien who is unlawfully in the country.

PROCESSING TIME OF THE I-485 ADJUSTMENT OF STATUS APPLICATION

The I-485 adjustment of status application may take from 13 to 24 months to be adjudicated (approved or denied) by the Immigration Service. When the I-485 adjustment of status application is approved, then and only then will the I-485 applicant become a lawful permanent resident of the United States. During the time the I-485 adjustment of status application is pending the I-485 applicant is NOT considered a permanent resident and he/she is subject to many restrictions indicated throughout this letter.

The I-485 processing time may vary from time to time, becoming longer or shorter depending on the number of applications pending and staffing at INS. Please note that the “official” INS processing time at the TEXAS SERVICE CENTER is 729 days [about 24 months] but many applications are approved in less time than that.

For approximate processing times, please click on the following:

VERMONT SC http://ilw.com/immigrants/govttimes/pro-vermont.shtm

NEBRASKA SC http://ilw.com/immigrants/govttimes/pro-nebraska.shtm

TEXAS SC http://ilw.com/immigrants/govttimes/pro-texas.shtm

CALIFORNIA SC http://ilw.com/immigrants/govttimes/pro-california.shtm

Please also note that INS may make processing mistakes and process some cases that arrived later ahead of cases that arrived earlier. This is unfortunate for the ones who filed earlier and very fortunate for the I-485 applicant whose application was approved. This kind of accident resulting in an early approval, however, creates a false hope of speedy approval in others and great discontent when it does not come to pass.

In the case where an I-140 immigrant visa petition and an I-485 adjustment of status application have been simultaneously filed, it is not yet known whether INS will process the I-140 immigrant visa petition first (in five months) and process the I-485 in the normal time frame (up to 24 months). Some Service Centers have so stated but experience may prove differently.

The concurrent filing of the I-140 and I-485 gives rise to certain issues discussed more thoroughly below. In the past, the I-485 application was filed only after the I-140 was approved. Therefore, any issues that could arise in connection with the adjudication of the I-140 were always dealt with before the I-485 was filed. Now with the concurrent filing of the I-140 and I-485 any and all issues connected with the adjudication of the I-140 will not be known before filing the I-485. If any of the I-140 adjudication issues leads to a denial of the I-140, then it stands to reason that the I-485 should also be denied. One such issue is the being terminated by or quitting employment with the I-140 employer/sponsor. (See discussion below).

We urge all I-485 applicants to read all sections of this letter dealing with the adjudication issues of the I-140 petition and/or I-485 application

When a case becomes overdue (24 months after filing), we may be able to escalate the matter to the Service Center Director or, in some cases, seek the assistance and intervention of a Senator or Congressman. Luckily, we do not have to resort to these measures in most cases. While there may be exigent circumstances meriting an early approval of an I-485 application, by and large, no Congressman or Senator will assist any I-485 applicant whose case is not overdue according to the official processing times.

CHILD STATUS PROTECTION ACT (CSPA)

The law provides for the derivative immigration of the spouse and minor and unmarried children of an alien sponsored for permanent residence by an employer (or self sponsorship based on occupation). That is, when a principal alien is sponsored by an employer (or self sponsorship based on occupation), his/her spouse and children can also immigrate based on the same sponsorship. The spouse and children are, therefore, indirect or derivative immigrants.

In the past, a child had to be under 21 years of age and unmarried at the time he/she was issued an immigrant visa (or the I-485 adjustment of status was approved). If the child turned 21 during the process, he “aged out” and was, therefore, left in limbo.

Under the CSPA, in the case of a child who is the indirect beneficiary (derivative child) of any principal immigrant under any of the preference employment categories listed in section 203 of the Act such as the employment-based categories (EB-1, EB-2, EB-3, EW3, C51, T51, R51) and Diversity categories (DV1) if such child is under 21 on the date on which an immigrant visa becomes available for his parent (I-140 is approved and the quota is open) , then such child will continue to be considered a child (under 21) all the way through visa issuance or adjustment of status. But this applies only if such child takes steps towards acquiring permanent residence within one year of such visa number availability

Again, in the case of a child who is the indirect (derivative) beneficiary of an employment or diversity immigrant visa petition filed on behalf of his parent and who is over 21 (son/daughter) when the petition is approved may still be considered a child under certain circumstances that require certain complex calculation. That is, when the priority date becomes current (quota is open) and a visa number becomes available to his/her parent, one reduces the child’s age by the time the immigrant visa petition on behalf of the parent was pending with INS and if after such reduction the child’s age is under 21, then he/she will continue to be a child (under 21) all the way through visa issuance or adjustment of status. But this applies only if such child takes steps towards acquiring permanent residence within one year of such visa number availability

All of this translates into the following for any I-485 applicant who is under 21 when the I-485 is filed but who will turn 21 before the I-485 is approved: SUCH CHILD’S I-485 APPLICATION WILL BE APPROVED AND HE/SHE WILL SECURE PERMANENT RESIDENT STATUS. The result will NOT be the same if such child marries before the I-485 is approved. Such child must remain unmarried until the I-485 is approved.

As to a child who is already 21 when the I-140 is approved and the quota is open (mostly the case nowadays), he/she may still qualify to file an adjustment of status IF his/her age can be calculated downward to under 21 by reducing his actual age by the time the I-140 was pending with INS. If so, then an I-485 must be filed within one year of the approval of the I-140 if the quota is open at that point in time, or when the quota opens, if subsequent to the approval of the I-140.

GETTING MARRIED TO A FOREIGN NATIONAL AFTER THE FILING OF THE I-485
FOLLOWING TO JOIN PROCESSING OF SPOUSE OR CHILD

If an I-485 applicant marries a foreign national after the filing of an I-485 application BUT before the I-485 is approved, he/she may be able to process his/her spouse with the same immigrant classification (employment based) and priority date (important in some cases) as a FOLLOWING TO JOIN spouse. If an I-485 applicant married after the I-485 is approved, then the spouse will NOT be accorded any following to join status. The procedure to follow is for the I-485 applicant (now a resident), to file Form I-130 Relative Immigrant Visa Petition with INS (with a processing time of 1,600 days at the Texas Service Center) and wait on the quota of at least six years (more for nationals of Mexico and the Philippines). In such a case, it behooves the I-130 petitioner to apply for and secure U.S. citizenship by naturalization as soon as possible to speed up the process (there is no quota and no wait, except administrative processing, for the spouses of U.S. citizens)

If the I-485 applicant has maintained lawful H-1B or L-1 status, then that means that he/she can go abroad, marry and secure for his/her spouse an H-4 or L-2 visa. Such spouse can then enter the USA and file and I-485 application. If a person fails to maintain lawful H-1B or L-1s status, then he/she has no valid H-1B or L-1 visa and cannot secure an H-4 or L-2 visa for his/her spouse. A person who allows his/her H-1B or L-1 status to expire or accepts employment with an employer other than the H-1B or L-1 sponsor is not maintaining lawful H-1B or L-1 status.

Other I-485 applicants in other nonimmigrant worker categories (J-1, O, P, Q, R, E-1, E-2, TN-1, etc) cannot travel in and out of the USA with their visas and must do so with an advance parole. This means that they cannot maintain lawful nonimmigrant status because when they enter the USA, they must do so with the PAROLE. Persons who enter the USA with a parole are admitted as PAROLEES and are not in lawful nonimmigrant status. They are in lawful PAROLEE status.

In the case where the I-485 applicant is the bearer of any visa other than an H-1B or L-1, the spouse will NOT be able to enter the USA and file the I-485 application, unless he/she already has a work-authorized visa of his/her own (H-1B, L-1, etc.) or student visa. In such case, the spouse can enter with his/her own visa, and subsequently file an I-485 application. We caution everyone that entering the USA with a TOURIST visa with the purpose of filing an I-485 is NOT a proper purpose for the tourist status and can result in the REFUSAL OF ADMISSION of the tourist visa bearer or the denial of the I-485 application due to entry fraud.

If the spouse of an I-485 applicant is unable to enter the USA to file his/her own I-485 application, then he/she must wait abroad until the I-485 applicant has been accorded lawful permanent resident status. At that point an I-824 application must be filed requesting that INS notify the appropriate U.S. consul abroad that the I-485 applicant has become a lawful permanent resident. Such application must be accompanied by copies of the approval notices of the I-140 immigrant visa and the I-485 application as well as a copy of the RED ADIT STAMP imprinted in the passport of the I-485 applicant together with a Form DS-230 Part I containing all the biographic information of the spouse. The I-824 must also contain copies of the MARRIAGE certificate and evidence of termination of all prior marriages of both the I-485 applicant and his/her spouse, if any. INS may take several months to process this application and forward it to the appropriate consulate through the National Visa Center. Eventually, the spouse will be scheduled for an immigrant visa interview in his/her home country.

All of the above apply to the spouse of the I-485 applicant where the marriage took place before the I-485 application was filed but for some reason did not apply for adjustment of status when the principal I-485 applicant filed his/her adjustment of status application. Similar logistics apply to the child of an I-485 applicant who did not apply for adjustment of status together with his/her parent.

If a spouse and/or child cannot be processed as a FOLLOWING TO JOIN immigrant (either through the I-485 or consular methods), then they must secure permanent residence based an individually-filed Form I-130 immigrant visa petition filed by the I-485 applicant who has become a resident. (See section entitled Sponsoring Family Members below).

FINGERPRINTING

At some point prior to the approval of the I-485 adjustment of status application, the Immigration Service will schedule all I-485 applicants who are then 14 years of age to be fingerprinted. Such fingerprinting is for the purpose of conducting criminal background checks with the FBI, DEA, CIA, Interpol and other law enforcement agencies, including those of the I-485 applicant’s home country and other countries where such applicant has resided. The appointment will most likely be scheduled about 13 to 19 months after the I-485 adjustment of status application is filed. Please note that in the past the Immigration Service scheduled fingerprinting early on in the case as the validity of the results of the background checks was 15 months. Under current policy, the validity of the background checks is no more than 6 months. This means that if an applicant is scheduled for fingerprinting too early in the case, he/she may have to be fingerprinted more than once. INS may from time to time schedule fingerprinting very early on but this might prove to be unwise and such a person fingerprinted too early will most likely be fingerprinted more than once. Fingerprinting is generally done when a case has been assigned to a specific officer for adjudication.

Further note that in some selected cases a field investigation may be conducted by the FBI as part of the security checks. This may entail an actual interview by an FBI agent. Fortunately, this will not happen in most cases.

In Florida, the fingerprinting locations mat ascertained by clicking on the following link:

http://www.ins.usdoj.gov/graphics/fieldoffices/ascs/asc2.htm#florida

Please note that INS will inform you when and where to appear for fingerprinting. You cannot appear at an Application Support Center without such scheduling.

EMPLOYMENT AUTHORIZATION

In connection with the I-485 application, an I-485 applicant may have chosen to apply for one or two ancillary documents: one is an application for temporary employment authorization (EAD) and the other is for advance parole (travel permit).

Everyone who applies for I-485 adjustment of status is entitled to apply for an EAD. An EAD is an unrestricted authorization to be employed by any employer in the United States. Please note that the fact that a person applies and is issued an EAD does NOT mean that that person is obligated to use it. If a person wishes to maintain H-1B or L-1 (or H-4 or L-2), he/she may continue to do so even if he/she is in possession of an EAD. (See explanations elsewhere in this writing)

The processing time for an EAD is between 90 to 100 days from the date of application. In some cases, longer. In cases where INS takes more than 90 days to issue an EAD, the applicant may secure an interim or emergency EAD at a local INS office. (See discussion below).

The holder of an EAD is authorized to work as of the date of issuance. However, the EAD holder should first secure a Social Security Number (SSN) at the Social Security Administration (SSA) closest to his/her home, if he/she does not have one. Please also note that sometimes the SSA is not able to verify the authenticity of the EAD with INS (the SSA checks a special database) and that may delay the issuance of such a number. It might be a good idea to wait a while after the EAD has been received to appear at the SSA to apply for a SSN. If you are unreasonably turned away at the SSA by a Contact Representative, please ask to speak to a Supervisor. While it may take time for a person to apply for and receive a SSN, the holder of the EAD may begin to work without it. A potential employer may refuse to hire anyone who does not have a SSN due to ignorance or convenience but it will not be because the law forbids it. An employer, however, does need to have an employee’s social security number at the end of each quarter as it must report to the government wages paid and taxes deducted for its employees. While the itemization of wages paid per employee is not a part of the Federal Quarterly Wage Returns, the State Quarterly Wage Return may require such itemization, including the name of each employee and his/her individual social security number. Conceivably, an “Individual Tax Identification Number” [ITIN] issued by the IRS may be used for the time that it will take an EAD holder to secure a social security number. The latter, however, may require additional paperwork by the employer and it may not be inclined to do so (See discussion below).

Any social security card issued to the holder of a nonimmigrant work visa or an EAD will be a restricted one. That is, the card issued will bear the legend “valid with separate INS authorization only”. An unrestricted card will be issued only when the holder becomes a lawful permanent resident. Any social security number issued in connection with a nonimmigrant work visa or EAD will remain the person’s permanent number after the holder becomes a permanent resident.

The following is the link to the Social Security Administration Home Page:

http://www.ssa.gov/online/ss-5.pdf

And the following is the link to the SSA offices in Florida:

http://www.ssa.gov/atlanta/sfl/alpha.htm

Please note that the EAD is not a travel document and should not be used as one.

Please further note that a person who uses an EAD to work in the USA may not be able to travel in and out of the USA unless he/she has a special travel permit called advance parole. No person needs to have an advance parole or any other entry document to leave the USA but he/she must have one to return to the country. (See discussion below).

Please moreover note that being issued an EAD does not mean that the I-485 applicant is a permanent resident nor does it in any way guarantee that the I-485 adjustment of status application will be approved. Further, being in possession of an EAD does not mean that the I-140 beneficiary can, without any thought, abandon his employment with the I-140 employer/sponsor. (See discussion below).

If a person was issued a driver’s license based on the period of validity of an EAD, such license will expire on the date the EAD expires. If such person does not apply for a replacement EAD timely (five months before expiration), then both the EAD and the driver’s license will expire on the same date. This is a very important reason for everyone who has applied for I-485 adjustment of status to secure an EAD and to timely apply for extension of the same even if he/she does not work. (See explanations below).

Please further note that the EAD expires ONE YEAR after issuance and that the holder should apply for extension of the same FIVE MONTHS to SIX MONTHS in advance of expiration to avoid an interruption in his/her ability to accept or continue his/her employment. If you fail to apply timely, INS will NOT expedite the processing of your application.

INTERIM EMPLOYMENT AUTHORIZATION

The regulations provide that if an I-765 EAD application has been pending at INS for 90 days or more, the applicant may personally appear at the local INS office to be issued what is known as an Interim EAD. In such a case, the applicant must bring to the local INS the ORIGINAL I-765 FILING RECEIPT and proper identification and, theoretically, he/she will be issued an EAD the day he/she personally appears at the local INS office.

We ask our clients to notify us if they desire to personally appear at the local INS office to secure an Interim EAD and, if so, we then forward to them the ORIGINAL I-765 EAD FILING RECEIPT.

This personal appearance procedure applies ONLY if the I-765 EAD application has been pending for 90 days or more.

We again emphasize that when an EAD applicant appears at the local INS office, he/she should bring positive proof of identity such as passport and/or driver’s license and the ORIGINAL I-765 filing receipt.

Please note that some INS offices are not always open to the general public. The Miami INS office is open to the general public every day except Wednesdays. The Riviera Beach INS office will not accept walk-ins and a person must call to make an appointment to come in.

We cite below the relevant regulation for our clients’ information as they may encounter some INS clerks who are not acquainted with this specific regulation.

Section 274a.13 (d)

“Interim employment authorization. The district director shall adjudicate the application within 90 days from the date of receipt of the application by the INS… Failure to complete the adjudication within 90 days will result in the grant of an employment authorization document for a period not to exceed 240 days. Such authorization shall be subject to any conditions noted on the employment authorization document. However, if the director adjudicates the application prior to the expiration date of the interim employment authorization and denies the individual’s employment authorization application, the interim employment authorization granted under this section shall automatically terminate as of the date of the director’s adjudication and denial.”

For information about the Florida INS local offices, click on the following links:

MIAMI http://www.ins.usdoj.gov/graphics/fieldoffices/miami/aboutus.htm
WEST PALM http://www.ins.usdoj.gov/graphics/fieldoffices/westpalm/wpaboutus.htm#anchor1658746
TAMPA http://www.ins.usdoj.gov/graphics/fieldoffices/tampa/aboutus.htm
ORLANDO http://www.ins.usdoj.gov/graphics/fieldoffices/orlando/aboutus.htm
JACKSONVILLE http://www.ins.usdoj.gov/graphics/fieldoffices/jacksonville/aboutus.htm

ADVANCE PAROLE (TRAVEL PERMIT)

Generally, everyone who applies for I-485 adjustment of status is entitled to apply for an advance parole or travel permit (except for persons who were in unlawful status at the time the I-485 was filed or have otherwise been told by an attorney that travel outside the USA is not recommended). The holder of such an advance parole may travel anywhere in the world and remain outside the country for any length of time except that he/she must return to the USA before the advance parole expires. The holder of a parole need not apply for any document at the U.S. consulate. We warn our clients to plan their return trips so as to arrive to the USA several days before expiration of the parole as a last minute flight cancellation may render a person unable to return to the USA. The advance parole takes the place of a visa and the holder need only have a valid passport and the advance parole to enter the USA. The advance parole is generally valid for one year after issuance and can be used for multiple entries. Please note that the fact that a person has applied for and is issued an advance parole does NOT mean that he/she is obligated to use it. If a person wishes to continue to maintain H-1B or L-1 (or H-4 or L-2), he/she can continue to do so even after being issued an advance parole — such a person may continue to travel with the H-1B, L-1 (or H-4 or L-2) under the conditions detailed elsewhere in this writing.

The processing time for the parole is between 60 to 70 days. In some cases, longer.

Please note that not everyone needs to use the advance parole to travel in and out of the United States. Some persons may be able to travel with their H-1B or L-1 (H-4 or L-2 for spouses and children) visas under certain circumstances. (See discussion below).

Some holders of advance paroles report that there are delays in clearing customs and being inspected when they arrive to the USA. Whereas a VISA STAMP is a machine readable document and its authenticity is instantly verified when the inspector scans the visa, the advance parole is not machine-readable and must be verified by manually checking a database. This is usually done by referring the advance parole holder to a secondary inspection site. Generally, in such a case, the advance parole holder is asked a series of questions to determine his/her admissibility to the USA.

We again emphasize that NOT everyone who has filed an I-485 adjustment of status application can or should secure an advance parole. Certain individuals should not travel outside the United States until they have secured permanent residence. That group of persons includes people who were in unlawful status prior to the filing of the I-485 adjustment of status application. By traveling outside the USA, persons in this category will trigger the operation of a law that would render them ineligible for permanent residence for a period of up to ten years. Once the operation of the law is triggered, the person may not be able to secure permanent residence until he/she has departed the United States and has resided outside the country for the required period. Further, such a person may not even be able to visit the United States as a tourist as the bar is a total one: a person may not enter the USA in ANY status for up to ten years.

Moreover, please note that an Advance Parole is a document issued by INS in the USA and that it authorizes the bearer to ENTER the USA after an absence abroad. The document takes the place of a VISA and it is 8 1/2 x 11 in size. Thus, an advance parole cannot be imprinted in a passport like a visa (visa are issued by consulates). We again emphasize, a parole is NOT a visa but can be used in place of a visa.

Please further note that the Advance Parole expires ONE YEAR after issuance and that the holder should apply for extension of the same FIVE MONTHS in advance of expiration to avoid an interruption in his/her ability to travel outside the United States

TRAVEL WITH H-1B OR L-1 [H-4 OR L-2] AFTER FILING AN ADJUSTMENT OF STATUS NOW ALLOWED UNDER NARROW CIRCUMSTANCES

Formerly all I-485 applicants had to travel with an advance parole under all circumstances. The law was amended to allow certain H-1B or L-1 (H-4 and L-2 for spouses and children) visa holders to travel without the need of having an advance parole. Presently only H-1B and L-1 (H-4 and L-2) visa holders are not required to travel with an advance parole but only under certain very narrow circumstances.

Basically, a person in possession of an H-1B or L-1 visa stamp will be able to travel with such visa stamp if he/she maintains his/her lawful H-1B or L-1 status (by working only for the H-1B or L-1 employer), and his/her spouse and/or children may be able to travel with their H-4 or L-2 visa stamps if they maintain their H-4 or L-2 status (by not working in the USA). Please note that if the principal H-1B or L-1 visa holder fails to maintain his/her lawful H-1B or L-1 status, his/her spouse will no longer be maintaining their H-2 or L-2 status as their status depends on the status of the principal H-=1B or L-1 visa holder. The contrary is not true, a spouse may break his/her H-4 or L-2 status by working with the EAD but the status of the principal and children is not affected as their status does not depend on the H-4 or L-2 visa holder who has failed to maintained status.

A person MAY travel with an H-1B or L-1 visa stamp if:

– Such visa stamp is in the name of the H-1B or L-1 sponsor and the visa holder is employed ONLY by the H-1B or L-1 employer.

A person may NOT travel with an H-1B or L-1 visa stamp if:

– He/she is not working for the H-1B or L-1 employer or has used the EAD to work for an additional employer.

A person MAY travel with an H-4 or L-2 visa stamp if:

– The principal visa H-1B or L-1 visa holder is able to travel himself/herself without a parole.

A person may NOT travel with an H-4 or L-2 visa stamp if:

– The H-1B or L-1 visa holder has stopped working for the H-1B or L-1 employer or has a second job in addition (using the EAD for that purpose), or

– The H-4 or L-2 visa holder uses the EAD to work in the USA

PROCEDURE FOR APPLYING FOR AN EXTENSION OF EAD AND/OR PAROLE

In order to secure an extension of the EAD and/or Parole, each and every person must complete and sign the appropriate application Form I-131 for the Parole and Form I-765 for the EAD and each and every time the application must be forwarded to the appropriate Service Center with TWO green-card style photos (semi-profile) and the appropriate INS filing fee. If the employer of the I-485 applicant is responsible for the attorneys’ fees and INS filing fees, we will bill the company. If not, the I-485 applicant will have to forward to us a personal check or money order payable to IMMIGRATION AND NATURALIZATION SERVICE in the amount of $110.00 for each and every I-131 Parole application and $120.00 for each and every I-765 EAD application. Checks and/or money orders must be prepared separately for each applicant and each application and should not be combined. Example: a family of three is applying for an EAD and a Parole each. That is, two applications per person and a total of six applications. Six separate checks or money orders should be prepared.

Our office will prepare any and all necessary applications and mail them to each applicant at the home address. Each form must be signed by each applicant who is 14 years of age or older. As the preparation of each application requires current information about the applicant and such information contained in our database may no longer be accurate (notably current home address, date of last entry to the USA, status at time of entry (parolee or H-1B, etc), we invite you to click on the below links so that you can peruse the application and ascertain the information required for each application and which we will need to prepare the forms. We also invite you to click on the link that will provide you with photo specifications. Remember, we will need TWO green-card style photos per person for each and every application being made by that person.

There might be times of emergency where preparing and mailing forms might not the most prudent course of action. In such a case, we ask that you COME to our offices to prepare and sign forms or, if that is not feasible, we ask that you download the forms from the sites listed below. In a case of emergency, the forms can be completed in INK in legible handwriting (caps preferred to avoid confusion). We attach to each and every application a Form G-28 Appearance as Attorney which might be difficult for you to complete. In a case of an emergency, you can download that form (G-28) and sign it where it says Signature of Person Consenting and we can complete the rest with the information about the firm. If you are forwarding forms to us this way (incomplete), make sure that you FLAG that fact to us so that we may complete any of the missing information as needed.

Please note that failing to timely apply for extension of your EAD may result in the loss of employment and even driving privileges and failing to timely apply for extension of the parole (if eligible to travel) may result in your not being able to travel outside the USA. A person who is eligible to apply for an advance parole and chooses not to do so because he/she does not anticipate travel, should consider that emergency situations may arise (death or illness in the family) and that his/her ability to travel should always be secured.

We emphasize that we will prepare any and all forms for all our clients and the above are instructions in cases of emergency. The following links may prove to be helpful to you:

Photo instructions

http://www.ins.usdoj.gov/graphics/lawsregs/handbook/m-378.pdf

Form G-28 Appearance as Attorney

http://www.ins.usdoj.gov/graphics/formsfee/forms/files/g-28.pdf

Form I-131 Parole

http://www.ins.usdoj.gov/graphics/formsfee/forms/files/I-131.pdf

Form I-765 EAD

http://www.ins.usdoj.gov/graphics/formsfee/forms/files/i-765.pdf

LOSING JOB WHILE THE I-485 IS PENDING

In the past, the I-485 applicant had to be employed (or the job had to be still available) all the way through to the time of approval of the I-485 adjustment of status application. Often, a person lost his/her job before the I-485 was approved and found himself/herself in trouble.

The law, however, has been amended to provide that if the Immigration Service takes six months or more to adjudicate the I-485 adjustment of status application and as of such a point in time the I-485 adjustment of status applicant is no longer employed by the sponsor, such applicant may still secure permanent residence IF he/she is employed in the same or similar capacity by another U.S. company.

Please note that the law does not address the point in time the I-485 applicant lost his/her job but, rather, the point in time that the Immigration Service adjudicates the I-485. A person may lose his/her job after only a month subsequent to the filing of the I-485 application and still secure permanent residence if the Immigration Service takes six months or more to adjudicate the I-485 (but only if such I-485 applicant is employed in the same or similar capacity in another U.S. company).

There is not a need for the subsequent employer to formally sponsor the I-485 applicant in any way. At most, the new employer might have to issue an employment verification letter detailing the job title, duties and salary so that INS can ascertain that the I-485 applicant is indeed employed in the “same or similar capacity” as that contained in the sponsorship documents contained in the Form I-140 immigrant visa petition (most I-140 petitions are based on a labor certification but some like multinational managers and executives are not). The new employer may be located in the same city and state or any other location in the United States. The law does not specify that the salary at this new employer needs to be comparable to the one offered by the I-140 sponsor. However, although not warranted by the language of the statute, some INS Centers are indeed requiring that the I-485 applicant not only be employed elsewhere in the same or similar capacity but also that the salary at the new job be comparable to the salary contained on the labor certification and/or I-140 immigrant visa petition. In some cases, INS has asked that the new employer provide evidence that it too is financially able to pay the wage contained in the labor certification and/or I-140 immigrant visa petition. Presumably, this is to avoid having an I-485 applicant secure a letter of employment from a company that may not be paying (and may not be able to pay) him/her the required salary but may be willing to issue a letter of employment with an inflated salary. THIS INTERPRETATION IS BEING CONTESTED BY SOME ATTORNEYS AND ORGANIZATIONS.

Please note that this six month rule applies ONLY if the I-485 adjustment of status is ultimately approved and does not apply to persons whose I-485 adjustment of status application are denied for defects. That is, a person whose I-485 adjustment of status is denied for defects will be asked by the Immigration Service to process his/her immigration case at a Consular Post outside the United States. If that is the case, the six-month rule does NOT apply. If a person has lost his/her job with the sponsor and the I-485 adjustment of status is denied for defects and is obligated to process his/her immigrant visa case at a Consular Post, he/she will not be able to secure permanent residence that way as the consul will not issue an immigrant visa without a notarized letter from the sponsor verifying that the job opportunity is still available.

An adjustment of status application CANNOT be denied merely because the I-485 applicant has lost his/her job with the sponsor. But an I-485 adjustment of status application can be denied because of other reasons or “defects” in the application. For example, the I-485 adjustment of status applicant engaged in unauthorized employment while in the USA in H-1B or other nonimmigrant visa status and failed to tell this to the attorney who prepared the I-485 adjustment of status case; then INS detects such unauthorized employment and denies the I-485 based on this defect.

Our advice to all clients is stay with the sponsor until the I-485 is approved, if at all possible. If that is not possible then after the I-485 application has been pending for six months or more. Any other course of action, when the I-485 applicant has a choice, would not be prudent. If the I-485 applicant is laid off, then he/she has no choice in the matter but when he/she makes a decision to abandon employment with the sponsor then there is a choice and such choice must be made after thoroughly understanding the risks, if any, of that choice.

Please note that the approval of the I-485 is conditioned upon the approval of the I-140 immigrant visa petition. In the past, the I-485 application was filed only after the I-140 was approved. Therefore, any issues that could arise in connection with the I-140 were always dealt with before the I-485 was filed. Now with the concurrent filing of the I-140 and I-485 any and all issues connected with the adjudication of the I-140 will not be known before filing the I-485. If any of the I-140 issues leads to a denial of the I-140, then it stands to reason that the I-485 should also be denied.

One such issue is being terminated by or quitting employment with the I-140 employer/sponsor. Generally, when an I-140 has been approved and the I-485 has been pending for six months or more, quitting or losing the job with the sponsor will not prove to be a problem if the I-485 has no other defect and the alien is employed elsewhere in the same or similar capacity. But it is not yet known if the “six month rule” will apply when such loss or quitting of employment occurs while the I-140 (concurrently filed with the I-485) remains unadjudicated. While some INS Service Centers have proclaimed that the I-140 would be adjudicated before the I-485, which remains to be seen.

Another I-140 adjudication issue is that the financial evidence provided by the sponsoring organization is not adequate. We advise all our clients to first file the I-140 and wait for adjudication when the company’s financial situation is less than satisfactory. However, some choose to file the I-140 and I-485 simultaneously. In a situation like this one, we strongly advise our clients to remain employed by the sponsoring organization as INS may very well ask for additional financial evidence or assurances from the sponsor in order to approve the I-140 immigrant visa petition. If INS requires additional financial evidence and none is provided because the I-485 applicant has left its employer, then the I-140 will most likely be denied and consequently the I-485 will be denied as well.

CHANGE OF HOME ADDRESS WHILE I-485 IS PENDING

Each time a client of ours moves, he/she should notify us by e-mail as we need to know the home address to forward any notification and documentation that we may receive from or submit to INS. When a client notifies us of any change of address, we change our database and notify the local INS Office (Service Center). We ask our clients to please list the names of all family members (particularly those who do not share the same last name) so that we do not accidentally fail to notify INS of the address change for ALL family members.

Please further note that if an I-485 applicant moves out of the State where he/she was residing at the time the I-485 is filed, it might result in delays in processing as each SERVICE CENTER processes I-485 applications for person who reside within the area of coverage for that Service Center. For example, if a person resides in Florida, the I-485 application is filed with the TEXAS SERVICE CENTER. If the person moves to Georgia, the same Service Center serves residents of that State. But if a person moves from Florida to California, then a different Service Center would have to process the case (California Service Center). In such a case, the Texas Service Center will transfer the I-485 application either to the California Service Center or the local INS office nearest to the new home address of the I-485 applicant. This will most likely result in delays in the I-485 processing time and even in the logistics of applying and securing extensions of the EAD and/or PAROLE.

Please note that notifying us and our notifying the local INS office does NOT exempt an I-485 applicant (and family members) from completing, signing and mailing Form AR-11 to the INS Central Office in Washington, D.C. (See discussion below).

ALL ALIENS MUST FILE FORM AR-11 EVERY TIME THEY MOVE

The law requires all aliens to file Form AR-11 with the Immigration Service (Central Office in Washington, D.C.) within ten days of moving. This applies to any and all aliens, in any status, who reside here for 30 days or more. This includes temporary workers (H-1B, L-1, TN, E-1, E-2, etc and their dependents) as well as green card holders. Naturalized citizens of the USA need not complete such a form.

If a person has never filed Form AR-11 since his/her arrival to the USA, then we advise him/her to file such a form NOW even if he/she has not moved since arrival.

Some of the questions on Form AR-11 are confusing. If a person is a Visitor (tourist), Student or Permanent Resident, the questions are almost self-evident (except the one that asks “Post of Last Entry”)

Basically, what INS wants to know is the full name of the person date of birth and current home address. Any other information is not as vital as the core purpose of Form AR-11is to know the name and address of any and all aliens residing in the USA.

Those who are here is some kind of temporary worker status (H-1B, L-1, E-1, E-2, TN, etc and their dependents H-4, L-2 etc) should select OTHER when answering the question entitled “I AM IN THE UNITED STATES AS” and then enter the category (H-1B, L-1, etc). They should also enter the expiration of that status in the box that reads “IF NOT A PERMANENT RESIDENT, MY STAY N THE U.S. EXPIRES ON”. If a person has applied for I-485 adjustment of status and his/her temporary worker status has expired, then he/she should enter “I-485 applicant” in the “OTHER” field and leave blank the box dealing with expiration. Another tricky question is “DATE OF ENTRY INTO THE U.S.” This may refer to the very last port of entry when the person is in temporary worker status or even when the person checks I-485 applicant in “OTHER”. But when it refers to persons who are already permanent residents, it may very well refer to the CITY [in the USA] where the person became a resident several years earlier. We believe that any answer given there will be sufficient. As the question entitled “A -COPY FROM ALIEN CARD”, a permanent resident should enter the alien registration number found on his/her green card. I-485 applicants who already have been assigned an alien registration number but who do not yet have a green card should also enter their alien registration numbers found on their EAD and/or paroles. Temporary workers, students and visitors (and their dependents) do not have such a number and should leave that box blank.

All aliens present in the USA must complete Form AR-11, even those who are unlawfully here. This will present a problem for that group, except that if an I-485 has been filed, they need not worry as the filing of the I-485 automatically grants them some kind of authorization to remain in the USA until the I-485 is adjudicated. This group of persons should also complete Form AR-11 as above-indicated for I-485 applicants. As this set of instructions refers to people who have filed an I-485, we are not providing here any guidance for any person in unlawful status and who has not yet filed an I-485 application.

You can download Form AR-11 by clicking on the following link:

http://www.ins.usdoj.gov/graphics/formsfee/forms/files/ar-11.pdf

DRIVERS’ LICENSES

Please note that the State of Florida (and many other States) will no longer issue a driver’s license to a person who is unlawfully in the USA. In the past, drivers’ licenses were issued for six years to anyone who applied for one. Presently, any applicant for a driver’s license must provide proof that he/she is lawfully in the USA. In the case of nonimmigrant, an unexpired I-94 will be necessary. That is, if a person enters the USA with an H-1B visa and is issued an I-94 valid for three years, then such person can secure a driver’s license for three years (no longer for six years). If such person moves or loses his license and appears at the Driver’s License Bureau to apply for a new license, then he/she will be issued a driver’s license for the length of time remaining on his/her I-94, even if he/she was issued a six-year license before.

If a person has allowed his/her I-94 to expire but is in possession of an EAD, then he/she will be issued a license for the validity period of the EAD (generally one-year). This is an important consideration when deciding whether or not to maintain H-1B or L-1 status. If a person maintains his L-1 or H-1B status (meaning he/she does not use the EAD to work with), he/she may be issued a license for up to three years (depending on the validity period remaining on the I-94) whereas if he/she has given up his/her H-1B or L-1 status and uses the EAD to work with the licenses can be issued for no longer than one year.

Of course, those persons who are here unlawfully and have not applied for I-485 adjustment of status and, therefore, do not have an EAD, (or have applied but have not yet received an EAD) will not be issued any driver’s license, even if he/she was earlier issued a six-year license.

If a person was issued a short driver’s license based on the period of validity of an EAD, such license will expire on the date the EAD expires. If such person does not apply for a replacement EAD timely (five months before expiration), then both the EAD and the driver’s license will expire on the same date. This is a very important reason for everyone who has applied for I-485 adjustment of status to secure an EAD and to timely apply for extension of the same even if he/she does not work.

In some cases, the Driver’s License Bureau will accept an unexpired advance parole and will issue a license for the period of validity remaining on the advance parole. Yet in other cases, it may accept an I-765 filing receipt.

The link for the Florida Driver’s License Bureau is:

http://www.hsmv.state.fl.us/ddl/faqkeys.html

APPROVAL OF THE I-485 ADJUSTMENT OF STATUS APPLICATION

Some time after being fingerprinted, INS will most likely approve the I-485 adjustment of status application without an interview. Most often, there is no request for a further letter from the I-140 sponsor. This is the case in the majority of cases.

However, a small percentage of cases a further letter of employment is required from the I-140 sponsor and a small percentage of applicants will be interviewed at random or because certain factors are present. Generally, if an I-485 applicant has been arrested at any time, he/she will be interviewed at the local INS office. Others whose fingerprints have been taken more than once and such fingerprints cannot be easily classified will also be interviewed. Moreover, nationals of certain countries such as the ones on the current list of countries who sponsor international terrorism may also be interviewed.

If an interview is scheduled at the local INS for any reason, the I-485 applicant is expected to present all original documents (birth, marriage, passport, etc), as well as a letter of current employment. If the applicant is employed by the I-140 sponsor, an identical letter to the one submitted with the I-485 application will again be presented to INS. If the applicant is not employed by the I-140 sponsor, he/she should bring a letter of current employment from another company which would essentially detail the job title, job duties and annual salary. Of course, such letter should reflect that the person is employed in the “same or similar capacity” as that stated on labor certification and/or I-140 immigrant visa petition filed by the sponsor. This new employer in no way needs to again sponsor the I-485 applicant, just employ him/her on a full time basis and issue a letter to that effect. If such an interview is scheduled, the applicant and all members of his/her family should appear at the interview.

If the I-485 application is approved by the Service Center, a notice of approval will be sent to the applicant requesting his/her to personally appear at the local INS office for further processing.

Information about the Florida local INS offices can be found at the following links:

Miami

http://www.ins.usdoj.gov/graphics/fieldoffices/miami/aboutus.htm

West Palm Beach

http://www.ins.usdoj.gov/graphics/fieldoffices/westpalm/wpaboutus.htm#anchor1658746

Tampa

http://www.ins.usdoj.gov/graphics/fieldoffices/tampa/aboutus.htm

Orlando

http://www.ins.usdoj.gov/graphics/fieldoffices/orlando/aboutus.htm

Jacksonville

http://www.ins.usdoj.gov/graphics/fieldoffices/jacksonville/aboutus.htm

TEMPORARY EVIDENCE OF LAWFUL PERMANENT RESIDENCE (RED ADIT STAMP)

When a person appears at the local INS office for further processing a RED ADIT STAMP is placed in the applicant’s passport. The stamp is essentially temporary evidence that the bearer is a lawful permanent resident of the United States (green card holder) and with that stamp the person can work and travel without any other document. The stamp is valid generally for one year.

ALIEN REGISTRATION CARD I-551 (GREEN CARD)

Eventually, several months after the issuance of the red ADIT stamp, the person will receive the alien registration card (or “green card” which is actually white) in the mail. Once the green card is received, the red ADIT stamp is no longer necessary. The green card will contain all the information concerning the bearer and will expire TEN years in the future. This does not mean that the bearer must again qualify for a green card. It means that the green card should be replaced by another with a current photo (the application requires two more photos and an INS filing fee).

If you do not receive your alien registration card after six months, you may wish to contact the INS Card Facility by completing and mailing Form G-731.

Texas Service Center

http://www.ins.usdoj.gov/graphics/formsfee/forms/files/g-731t.pdf

Vermont Service Center

http://www.ins.usdoj.gov/graphics/formsfee/forms/files/g-731v.pdf

Nebraska Service Center

http://www.ins.usdoj.gov/graphics/formsfee/forms/files/g-731n.pdf

California Service Center

http://www.ins.usdoj.gov/graphics/formsfee/forms/files/g-731c.pdf

SELECTIVE SERVICE SYSTEM REGISTRATION

Any male residing in the USA who is a citizen, permanent resident or even in unlawful status must register with the Selective Service System within 30 days upon turning 18 and through age 25 (until the day before he turns 26). Those males who are in lawful nonimmigrant status (tourist, student, temporary workers) need NOT register. This means that if a person allows his I-94 to expire, then he/she is no longer in the USA in lawful nonimmigrant status and must register. This also means that any such person in nonimmigrant status STOPS being a nonimmigrant and becomes a lawful permanent resident when the I-485 adjustment of status is approved and thus MUST register. Some individuals may be able to register on-line if they have a valid and unrestricted Social Security Number (SSN). If registration on-line is not possible, please secure the proper SSS registration card from the Post Office or visit the SSS website for more information.

The home page of the SSS is at:

http://www.sss.gov

For registration on-line, in limited situations, click on the following link:

https://www4.sss.gov/regver/register1.asp

If you are a male between the ages of 18 and 25 who has already registered, you must notify the SSS of any change of address within ten days. You can do so on-line at the following:

https://www4.sss.gov/regver/AddrChg.asp

OTHER HELPFUL INFORMATION FOR PERSON WHO HAVE SECURED PERMANENT RESIDENT STATUS

SPONSORING FAMILY MEMBERS

An I-485 applicant who becomes a resident can petition, by means of an I-130 immigrant visa petition, his/her spouse and/or children who did not qualify for FOLLOWIN