Chapter 14

Overview Reunification of family members has long been a bedrock of the U.S. immigration system, and family-based immigrant visas far outnumber those granted in other categories. Family relationships also factor into other areas of immigration law, including qualifying for derivative immigration benefits for people coming to the United States on nonimmigrant visas, certain naturalization and citizenship cases, employment-based green card cases, relief from removal, and more. Immigration law has very specific rules for determining if a family relationship qualifies for immigration benefits, and this chapter discusses how to determine if a particular relationship fits into the parameters of the immigration system. Children, parents, siblings, spouses, fiancé(e)s and, in some cases, grandchildren, can potentially qualify for immigration benefits. Aunts, uncles, cousins, etc., do not qualify. Unmarried partners may be able to qualify to accompany someone to the United States as nonimmigrants, but other immigration benefits are closed off. Qualifying Relationships U.S. immigration law applies very specific definitions to family relationships, and one needs to understand those definitions when seeking to file a petition on behalf of one relative for another. Children A child may be sponsored in many circumstances in immigration law. The term is defined by the Immigration and Nationality Act (INA) to mean: Type Characteristics Unmarried natural child Under 21; born in wedlock. Stepchild Doesn’t matter if born out of wedlock if the child is under 18 at the time the marriage creating the stepchild relationship occurs. Legitimated child Must be legitimated under the law of the child’s or the father’s residence/domicile if legitimation takes place before the child turns 18 and the child is in the custody of the legitimating parent/s at the time of legitimation. Other out of wedlock children Permissible if a status or benefit is being sought by virtue of the relationship of the child to the natural mother or natural father if the father has had a bona fide parent-child relationship with the child. Adopted child • Adopted before age 16; • If the child has been in the legal custody of and resided with the adopting parent for at least 2 years; • Natural parent no longer has any immigration rights through the child; • Siblings of adopted children meeting this definition can qualify if adopted under age 18. Orphans • A child under 16 at the time a petition as an immediate relative is filed, who is an orphan because of the death or disappearance, abandonment, or desertion by, or separation or loss from, both parents, or for whom the sole or surviving parent is incapable of providing the proper care and has in writing irrevocably released the child for emigration and adoption; and • The child has been adopted abroad (or is coming to the U.S. to be adopted) by a U.S. citizen and spouse jointly, or by an unmarried U.S. citizen who is at least 25 years old and at least one of whom saw and observed the child before or during the adoption proceedings; and • Any natural born siblings under age 18 being adopted by the same parent(s) are also included. Hague Adoptions • A child under 16 years at the time of petitioning as an immediate relative is filed, who has been adopted in a country that is a party to the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (the Hague Convention) who is emigrating from such a country in order to be adopted in the United States by a U.S. citizen and their spouse or by an unmarried U.S. citizen over the age of 25, provided that the DHS is satisfied that proper care will be furnished; and • The child’s natural parents (or parent, if only one parent survives or a parent has abandoned or deserted the child) or other persons in institutions having custody of the child have freely given irrevocable consent to the termination of the legal relationship with the child and to the child’s emigration and adoption or neither parent is capable of providing care to the child; and • The U.S. government believes the purpose of the adoption is to form a bona fide parent-child relationship and the parent-child relationship of the natural parents has been terminated; and • For a child not yet adopted, the competent authority of the foreign country has approved the child’s emigration to the U.S. for the purpose of adoption by the prospective adoptive parents (and the parents have complied with all pre-adoption requirements). • Any natural born siblings under age 18 being adopted by the same parent(s) are also included. Science has complicated the determination of who is a child. A child born as a result of assisted reproductive technology (“ART” and often referred to as in-vitro fertilization) is considered a “child” for immigration purposes of petitioning the child when the U.S. citizen parent has a biological connection to the child. This would include cases of surrogates who may not be genetically related to the child. The Department of State (DOS) no longer insists that a “blood relationship” has to mean a “genetic relationship.” USCIS opined on this in August 2021 when it issued policy guidance to allow a non-genetic, non-gestational legal parent of a child to transmit U.S. citizenship to the child if the parent is married to the child’s genetic or gestational parent at the time of the child’s birth and the relevant jurisdiction recognizes both parents as the child’s legal parents. Parents To determine if one is a parent, one need only look to the definition of child, as discussed above. If the child qualifies for one of the above-listed relationships, the parent is, by definition, considered a parent. For immigrant visa sponsorship purposes, however, only U.S. citizen children over the age of 21 can petition for a parent’s immigration. For stepparents, as long as the relationship with the stepchild was established before the stepchild turned 18, a U.S. citizen stepchild can petition for the stepparent upon turning 21. Siblings U.S. citizens can sponsor siblings for visas under the family 4th preference category. That includes half siblings as well as full siblings. Children adopted under INA §101(b)(1)(E) may not sponsor their siblings. However, a U.S. citizen may sponsor an adopted sibling like a biological sibling even if the U.S. citizen child themselves was adopted (as long as the person was not sponsored initially for a green card as an adopted child). Normally, submitted birth certificates showing the same parent or parents is enough for a sibling petition. However, where birth records are not available to document a full– or half-sibling relationship, DNA evidence may be provided. DOS has instructed consulates that DNA test results can be used to demonstrate a sibling relationship if the testing shows a 99.5% or greater testing probability of a sibling relationship. With less than a 99.5% result, other evidence may still be considered by the consular officer, and a decision made based on the totality of the circumstances. U.S. Citizenship and Immigration Services (USCIS) uses a somewhat more lenient DNA standard: Overview of Guidance for Sibling DNA Test Results DNA Test Full-Sibling Interpretation Half-Sibling Interpretation Result 90% of higher Relationship Supported – Probative evidence that the claimed relationship exists. Relationship Supported – Probative evidence that the claimed relationship exists. 9% to 89% Inconclusive Result – By itself, the test result is not sufficient to establish the claimed relationship without additional affirmation from an AABB-accredited lab. Inconclusive Result – By itself, the test result is not sufficient to establish the claimed relationship without additional affirmation from an AABB-accredited lab. Below 9% Relationship Not Supported – Probative evidence that the claimed relationship does not exist. Inconclusive result – By itself, the test result is not sufficient to establish the claimed relationship without additional affirmation from an AABB-accredited lab. In contrast to full-sibling results, this result for half-siblings does not necessarily mean the claimed relationship does not exist. Marriages For a marriage to be considered valid for immigration purposes, it must first be determined to be valid under the laws of the state or country where the marriage was performed (including common law marriages). That would include religious marriages if such a marriage is recognized as legally valid in the jurisdiction where the ceremony takes place. However, if a jurisdiction requires a civil registration of the marriage, then U.S. immigration law would not recognize the marriage. For marriages between family members, if the marriage is valid in the jurisdiction where it occurs, that normally would satisfy immigration requirements. However, there is case law that states that if a couple goes to another state to marry and then return to their state of residence and file from there, that marriage would not be valid for immigration purposes. The INA does not set any minimum age requirements for a petitioner or a beneficiary of a Form I-130 spousal petition. Because of concern about the sensitive issues surrounding a marriage of a minor, in 2019, USCIS issued a guidance addressing the issue. Officers are now directed to consider the following factors in adjudicating I-130 spousal petitions: The legality of the marriage in the place it was celebrated; The validity of the marriage in the couple’s current or presumed state of residence; Public policy considerations; and The bona fides of the spousal relationship for immigration purposes. Couples are normally interviewed during the USCIS adjustment of status phase of a case (if processing in the United States) or at a consulate abroad. However, under the 2019 guidance, U.S. officers are directed to interview the petitioner and/or the beneficiary as part of the I-130 adjudication if the petitioner or beneficiary is less than 16 years old as well as for petitions where the petitioner or beneficiary is 16 or 17 years old but there is 10 years (or more) between the ages of the spouses. Furthermore, petitioners in marriage cases, like other family immigration cases, must file a Form I-864 Affidavit of Support and must be at least 18 years old. A joint sponsor cannot overcome this requirement. Same-sex and transgender marriages are no longer treated differently under immigration law as a result of the U.S. v. Windsor Supreme Court decision. That decision struck down state laws restricting same-sex marriages on due process and equal protection grounds. The Board of Immigration Appeals (BIA) had ruled two years earlier that transgender marriage should be recognized for immigration purposes. The Windsor decision extends to all aspects of immigration law, so, for example, same-sex couples aren’t treated differently from opposite-sex couples in K-1 petitions when seeking derivative visas to accompany a nonimmigrant or when seeking to benefit from more relaxed residency requirements for naturalizations. Note that the marriage must still be recognized as valid in the jurisdiction where it took place, and as of this writing, only 29 countries recognize same-sex marriages. As a result, some couples must enter the United States using the K-1 visa category in order to marry, which proved to be a challenge during the COVID-19 pandemic when K-1 visas were not being issued and were not eligible for national interest exemptions under regional travel bans that were enacted by executive action under President Trump and continued by President Biden. Cohabiting partners not considered legally married (e.g., common law marriages) are not eligible for marriage-based benefits, but DOS will allow B-2 visas to be issued to cohabiting partners of long-term nonimmigrants provided that the applicant can demonstrate nonimmigrant intent under INA §214(b). This may be a problem for people accompanying someone entering the United States in a dual-intent visa category where §214(b) doesn’t apply. Cohabiting partners may also be recognized for those entering the United States to accompany someone using an A or a G visa. Marriages may also not be recognized if they’re considered to violate “public policy.” This would be the case, for example, if someone has engaged in a polygamous marriage in a country where such marriages are legal. Both members of the marriage must demonstrate that any prior marriages have been legally terminated before a petition will be considered. The divorce or annulment must be valid under the laws of the jurisdiction granting the divorce or annulment, and that termination must be recognized in the state or country where the couple is residing. USCIS will also generally not recognize a divorce if neither member of the couple was physically present or domiciled at any time in the divorcing country. Couples that “jump the gun” and file for a new benefit while merely separated will have their petition denied, and merely believing the marriage was terminated is not enough. At least one prosecution has occurred against someone who asserted, under oath in an immigration application, that they were free to marry, though the person successfully asserted a defense of not knowing they were not. Nevertheless, it is worth avoiding dealing with such a situation. Customary or tribal divorces can be recognized if sufficient proof is presented. In the case Matter of Kodwo, the BIA held that the following proof can be submitted in such cases: Documentation of tribal membership; The current customary divorce law of the tribe; The fact that the pertinent ceremonial procedures were followed; Evidence of the customary procedure; Advisory opinions on the procedure from organizations the government typically recognizes as knowledgeable; and Evidence the divorce was properly perfected. Religious divorces are generally not considered adequate for immigration law purposes. Proxy marriages are not recognized under immigration law unless the couple can show that the marriage was consummated. Relationships entered into for purposes of evading immigration laws of the United States are not valid for visa adjudication purposes. However, a marriage that was valid at inception remains valid for immigration purposes even if a couple is separated and the marriage is no longer viable. USCIS and DOS can deny a petition based on a fraudulent or a sham marriage, but they must show that this was the intent when the marriage initially took place. Nevertheless, a USCIS examiner or a consular officer may pay considerable attention to whether a marriage is bona fide, and a number of factors will potentially come in to play, including: How long did the couple know each other before marrying? Is the couple living together and, if not, is there a good reason that they are not? Does the couple appear to know each other well (much of the interview may probe this subject)? Has the couple merged their personal finances? Are the relatives of the U.S. citizen or permanent resident petitioner aware of the marriage? Did the marriage seem to be hurried and informal? Was the foreign national in a secure immigration status (or out of the country) or facing potential removal because of being out of status? The death of the petitioning spouse no longer automatically means the closing of options for the foreign spouse because Congress passed legislation in 2010 that is now §204(l) of the INA. §204(l) protects people in the following situations: Principal or derivative beneficiary of Form I-130, Petition for Alien Relative (regardless of whether the petitioner was a U.S. citizen or lawful permanent resident), and the petitioner died; Derivative beneficiary of Form I-130, Petition for Alien Relative (regardless of whether the petitioner was a U.S. citizen or lawful permanent resident), and the principal beneficiary died; Derivative beneficiary of Form I-140, Immigrant Petition for Alien Worker, and the principal beneficiary died; Beneficiary of a pending Form I-730, Refugee/Asylee Relative Petition, and the petitioner died; T or U nonimmigrant visa holder in a derivative classification (T-2, T-3, T-4, T-5, U-2, U-3, U-4, U-5) and the principal (T-1 or U-1) visa holder died; or Derivative asylee (AS-2 or AS-3), and the principal asylee (AS-1) died; Derivative asylee (AS-2 or AS-3), and the principal asylee (AS-1) died; Derivative beneficiary for VAWA classification (Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant), and the VAWA self-petitioner died; Derivative beneficiary of Form I-485, Application to Register Permanent Residence or Adjust Status, filed by a battered spouse or child under the Cuban Adjustment Act or the Haitian Refugee Immigrant Fairness Act, and the principal applicant died; or Conditional permanent resident (CPR) child of a CPR filing a waiver of the joint filing requirement for Form I-751, Petition to Remove Conditions on Residence, based on battery or extreme cruelty, and the CPR died. To be eligible for relief under INA §204(l), USCIS must determine that granting relief is in the public interest and that at least one beneficiary was residing in the United States when the qualifying relative died, and the same beneficiary continues to reside in the United States at the time of seeking relief. Relief is available even if an application hasn’t been approved. When the beneficiary is residing abroad when the petitioner dies, humanitarian reinstatement of an approved Form I-130, Petition for Alien Relative is potentially available. Derivative beneficiaries are not independently eligible for humanitarian reinstatement. However, if USCIS approves the principal beneficiary’s request, derivative beneficiaries may benefit from the relief. Note that the I-864 affidavit of support requirement, if applicable originally, remains applicable, so a beneficiary must find a substitute I-864 sponsor, and the sponsor must be: A U.S. citizen, national, or lawful permanent resident; At least 18 years old; and The beneficiary’s spouse, parent, mother-in-law, father-in-law, sibling, child, son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, grandchild, or legal guardian. A request for humanitarian reinstatement may be made by sending a packet with the following information and documentation to the USCIS office that approved the petition: Beneficiary’s name and the deceased petitioner’s name; The receipt number of the petition (you can find this on the receipt notice); Beneficiary’s Alien Registration Number (A-Number) if they have one; Beneficiary’s relative’s A-Number if they had one; Beneficiary’s relative’s death certificate (a certified translation is required if it is not in English); A Form I-864 from your substitute sponsor; and Evidence that a favorable exercise of discretion is warranted (this means the positive factors in the case outweigh the negative factors). This may include, but is not limited to: Impact on family living in the United States (especially U.S. citizens, lawful permanent residents, or others lawfully present); Advanced age or health concerns of the beneficiary or any following-to-join family members of the beneficiary; Lawful residence in the United States for a lengthy period; Ties (or lack thereof) to the beneficiary’s home country; Other factors, such as unusually lengthy government processing delays; and Any and all other factors the beneficiary believes weigh in favor of reinstatement, with supporting documentation. Note that there is no form associated with a request for reinstatement. Another exception to the normal requirement for a U.S. citizen or permanent resident petitioner to participate in the application process involves battered spouses. Such individuals may file a Form I-360 special immigrant petition without having the abusive spouse participating. Conditional Residency For Spouses of U.S. Citizens Some spouses of U.S. citizens will be granted conditional permanent residence (CPR). CPR is valid for two years, and a Form I-751 petition to remove conditions must be submitted to have the conditional status removed and to get permanent residency that may be extended indefinitely. If a marriage is less than two years old at the time of permanent residency grant, the foreign spouse will be granted conditional residence. For individuals who consular process, the critical date for determining whether one will be given CPR is how long the couple has been married when the foreign spouse enters the United States with the immigrant visa. A CPR will be provided an I-551 permanent residency card with a two-year expiration date instead of the normal 10-year expiration date. A CPR is considered a lawful permanent resident while they have CPR status and is entitled to all the same benefits or permanent residency as an LPR. A CPR may not file an I-90 (such as to replace a lost permanent residency card) if they are within 90 days of the CPR status expiring. A receipt notice for a petition to remove conditions (see below) serves both to extend CPR status and as proof of that extension as long as the petition is pending. Removal of Conditions by Joint Petition A CR is a lawful permanent resident, but their lawful permanent residence will end unless couple jointly files an I-751 petition showing they can demonstrate that: 1) the marriage was legal where it took place; 2) the marriage has not been terminated; 3) the marriage was not entered into for the purpose of procuring residency; and 4) no fee was paid to the beneficiary spouse. The I-751 and supporting documents must be filed within 90 days of the second anniversary grant of CR status. Evidence of a valid marriage in a joint petition includes, for example, the following: Documentation showing joint ownership of property; Lease showing joint tenancy of a common residence; Documentation showing commingling of financial resources; Birth certificates of children born to the marriage; Affidavits of third parties having knowledge of the bona fides of the marital relationship; or Other documentation establishing that the marriage was not entered into in order to evade the immigration laws of the United States. A child who received CPR status with a parent need not file a separate I-751 unless the child received CPR more than 90 days after the parent. The couple may be interviewed. However, USCIS examiners may waive the interview in the following instances: They can make a decision based on the record because it contains sufficient evidence about the bona fides of the marriage and that the marriage was not entered into in order to evade U.S. immigration laws; USCIS has previously interviewed the principal petitioner; There is no indication of fraud or misrepresentation in the Form I-751 or the supporting documentation; and There are no complex facts or issues that require an interview to resolve. Waiving of Joint Filing Requirement A waiver of a joint filing requirement can be submitted if the CR can show an extreme hardship if removed from the US and that the qualifying marriage was entered into in good faith but terminated other than through the death of the spouse. In such a case, the parties are expected to be divorced. The extreme hardship should be subsequent to the CPR’s entry to the US and the burden is on the CPR to show this hardship. Evidence that the marriage was entered into in good faith could include: Documentation relating to the degree to which the financial assets and liabilities of the parties were combined; Documentation concerning the length of time during which the parties cohabited after the marriage and after the noncitizen obtained permanent residence; Birth certificates of children born to the marriage; and Other evidence deemed pertinent by USCIS. If a couple files jointly, but they are legally separated and/or a divorce or annulment is pending, an RFE will be sent giving the CR 87 days to produce a divorce decree. If it is not produced, the officer will adjudicate the case as a waiver petition. A waiver is also available if a marriage was entered in good faith but the beneficiary spouse or child “was battered by or was subject to extreme cruelty” by the petitioning spouse and the beneficiary was not at fault in failing to meet the petitioning requirements. A divorce is not required in battering cases unlike other waiver cases. The battering is described in the regulations as including, but not being limited to: Being the victim of any act or threatened act of violence, including any forceful detention, which results or threatens to result in physical or mental injury. Psychological or sexual abuse or exploitation, including rape, molestation, incest (if the victim is a minor) or forced prostitution shall be considered acts of violence. Evidence of physical abuse may include expert testimony in the form of reports and affidavits from police, judges, medical personnel, school officials, and social service agency personnel. Mental abuse claims must be supported by the evaluation of a professional recognized by USCIS as an expert in the field. An evaluation that was obtained in the course of the divorce proceedings may be submitted if it was provided by a professional recognized by USCIS as an expert in the field. The evaluation must contain the professional's full name, professional address and license number, and identify the licensing, certifying, or registering authority. USCIS retains the right to verify the professional's license. Because of the sensitivity of the information, USCIS is directed in the regulation to only release the information if they are ordered by a court to do so. A CPR seeking a waiver of the requirement for joint filing of the I-751 and, thus, filing an I-751 individually, may file to remove conditions before, during, or after the 90-day window applicable to jointly filed petitions. The Adam Walsh Act The Adam Walsh Child Protection and Safety Act of 2006 (the “Adam Walsh Act”) contains a section that amends INA §204 to prohibit U.S. citizens and lawful permanent residents who have been convicted of certain offenses against a minor from filing a family-based immigrant petition on behalf of any beneficiary unless the Secretary of Homeland Security determines that the petitioner poses no risk to the beneficiary. This affects I-130 immigrant visa applications, petitions to classify an individual as an orphan (Form I-600A or I-600), and Form I-129F, the application to petition for a fiancé/fiancée. The specified offenses against a minor in the Adam Walsh Act are the following: (A) An offense (unless committed by a parent or guardian) involving kidnapping; (B) An offense (unless committed by a parent or guardian) involving false imprisonment; (C) Solicitation to engage in sexual conduct; (D) Use in a sexual performance; (E) Solicitation to practice prostitution; (F) Video voyeurism as described in section 1801 of Title 18, U.S. Code; (G) Possession, production, or distribution of child pornography; (H) Criminal sexual conduct involving a minor, or the use of the internet to facilitate or attempt such conduct; (I) Any conduct that by its nature is a sex offense against a minor. The Allocation of Immigrant Visas The family green-card program is divided between “immediate relatives” and various preference categories. Included in the immediate relative category are spouses of U.S. citizens, parents of adult U.S. citizens, and minor children of U.S. citizens. The following are the family preference categories: First preference: (F-1) – unmarried adult sons and daughters of U.S. citizens; Second preference (F-2A) – spouses and minor children of LPRs; Second preference (F-2B) – unmarries adult sons and daughters of LPRs; Third preference (F3) – married sons or daughters of U.S. citizens; Fourth preference (F4) – siblings of U.S. citizens. Perhaps the most prominent advantage of petitioning for an immediate relative is the absence of a cap or quota placed upon the number of available green cards. This is in opposition to the family preference categories, which can have backlogs of years or even longer for certain nationalities seeking green cards in the family preference category. It is worth remembering, however, that green card processing for an immediate relative can take a number of months even without having to wait for a quota number. Though there is no limitation on the number of immediate relative petitions that can be granted, there is a total cap of 480,000 individuals for family-based numbers. Immediate relatives are subtracted from that total cap, and the amount left over may go to preference categories. A minimum of 226,000 are designated for the preference categories. Therefore, if the number of immediate relatives exceeds 254,000, the overall number of family-based green cards granted will exceed 480,000. Below are the family preference green card allocations. First preference (F-1) (unmarried sons and daughters of U.S. citizens – 23,400 visas annually in addition to visas remaining from the fourth preference. Second preference (F-2A) (spouses and minor children of LPRs) – 87,900 visas annually in addition to numbers remaining from the first preference. Second preference (F-2B) (unmarried adult children of LPRs) – 26,300 visas annually in addition to any visas left over from the first preference. Third preference (F3) (married adult children of U.S. citizens) – 23,400 visas annually in addition to any visas left from the first and second preference categories. Fourth preference (F4) (brothers and sisters of U.S. citizens over 21) – 65,000 visas annually in addition to any visas left over from the first through third preferences. Employment-based green cards that are unused are rolled over to the family-based visa categories in the following years, and unused family-based numbers in one year will roll into the next year. There are also limitations within each family-based-preference green card category placed upon the number of green cards capable of being granted to individuals within a particular nationality each year. The immediate relative category is exempt from these limitations. Additionally, per country limits exist in employment-based categories. No more than 7% of visas in any category can be granted to citizens of any country in a given fiscal year, which spans from October 1 to September 30. However, this is not an independent allotment; instead, it is a limit placed upon the allocations previously mentioned. This is why DOS lists separate waiting times for nationals of Mexico, in the family categories, as well as India and China in the employment categories. The spillovers from other categories previously mentioned are not subject to the per-country limits, which can actually help alleviate the backlogs for some nationalities. The Family Immigrant Visa Petition Process Family immigration petitions generally have two major components – documenting a relationship with a qualifying citizen or LPR petitioner and applying for an actual visa or adjustment of status to permanent residency (for those in the United States). To adjust status in the United States under, applicants must meet the demonstrate the following: They were admitted or paroled into the United States; They are eligible for the particular visa; They must not be inadmissible; and They have an immigrant visa immediately available at the time the application is filed. For immediate relatives, some status violations like overstaying a visa or unauthorized employment may be forgiven, and an adjustment may be adjudicated. Otherwise, the beneficiary must seek an immigrant visa by processing at a U.S. consulate outside of the country. An exception called 245(i) is available if a person is the beneficiary of a petition filed before April 30, 2001, the underlying immigrant petition was approvable when filed, and they pay a fine with the adjustment application. Family petitions generally begin with the filing of Form I-130, Petition for Alien Relative. If a visa number is not immediately available or the immigrant visa is being processed at a U.S. consulate abroad, the I-130 will be filed on its own with USCIS. If a visa number is immediately available and the applicant otherwise qualifies, the I-130 may be filed concurrently with an I-485 adjustment of status application. In the case of U.S. citizen military service members permanently stationed outside the United States, DOS officers are granted authorization to accept and adjudicate I-130s for immediate relatives. Until recently, overseas USCIS offices could adjudicate I-130s (oftentimes very quickly) for U.S. citizens living abroad, but the prior Trump Administration largely shuttered those offices. Today, consular officers may adjudicate I-130 immediate relative petitions, but only based on their exercising discretion and only in the following exceptional circumstances: Military emergencies – A U.S. service member who is abroad but who does not fall under the military blanket authorization for U.S. service members stationed abroad on military bases, who becomes aware of a new deployment or transfer with little notice. This exception generally applies in cases where the U.S. service member is provided with exceptionally less notice than normally expected. Medical emergencies – A petitioner or beneficiary is facing an urgent medical emergency that requires immediate travel. Threats to personal safety – A petitioner or beneficiary is facing an imminent threat to personal safety. For example, a petitioner and beneficiary may have been forced to flee their country of residence due to civil strife or natural disaster and are in precarious circumstances in a different country outside of the United States. Close to aging out – A beneficiary is within a few months of aging out of eligibility. Petitioner has recently naturalized – A petitioner and family member(s) have traveled for the immigrant visa interview, but the petitioner has naturalized, and the family member(s) requires a new petition based on the petitioner’s citizenship. Adoption of a child – A petitioner has adopted a child abroad and has an imminent need to depart the country. This type of case should only be considered if the petitioner has a full and final adoption decree on behalf of the child and the adoptive parent(s) has had legal custody of and jointly resided with the child for at least 2 years. Short notice of position relocation – A U.S. citizen petitioner, living and working abroad, has received a job offer in or reassignment to the United States with little notice for the required start date. Other circumstances DOS may deem appropriate. Consular Processing vs. Adjustment of Status Families will often need to weigh processing an immigrant petition via consular processing or through adjusting status in the United States. For beneficiaries living outside the United States, this is a non-issue, but for the many people living in the United States who eligible to adjust, it’s not always an easy choice. Assuming an applicant is eligible for either, there are advantages and disadvantages to consider. The biggest advantage to adjusting status in the United States is the convenience of being able to process everything from within the United States. An adjustment applicant may also seek employment authorization while the adjustment application is pending. That can mean that a person is able to begin working months sooner than would be the case if they pursued consular processing. However, people who are adjusting status generally need to seek an advance parole document in order to travel outside of the United States while the adjustment application is pending, or they will be considered to have abandoned the adjustment application and may not be re-admitted to the United States. Furthermore, the applicant must remain in the United States while the advance parole application is pending. Processing times have been very unpredictable in recent years, and an expedite on an advance parole application has become harder obtain. As a result, the parole requirement can be a serious problem. However, for those who are in the United States with nonimmigrant visas, an advance parole may mean the ability to bypass a consular visit for a non-immigrant visa renewal, which can be very convenient. Adjustment of status is also possible for immediate relatives who have immigration status violations. An unlawful entry can’t be excused but overstays and various other immigration status violations can be forgiven. Adjusting status also may make sense because denials may be appealed either to the USCIS Administration Appeals Office using Form I-290B or by going to federal court. Denials at a consulate are difficult to appeal. Consular processing may make sense for people who need a lot of flexibility to travel in and out of the United States and who have the flexibility to go to a consulate when an interview date becomes available. During the pandemic (and former President Trump’s ban on immigrant visa processing), consular processing suddenly became a nightmare with processing times skyrocketing and many people trapped indefinitely abroad. One advantage to consular processing is the lower set of filing fees compared to adjustment of status fees. However, that advantage may be wiped out if one considers travel expenses, particularly if there are several derivative family applications involved. Processing times have shifted considerably over the years with consular processing sometimes being faster than adjusting status and vice versa. Lately, both processes have been slow. Nevertheless, it is important to check processing times when advising clients on which option to choose. People who can’t choose may want to start by selecting consular processing. If the person decides later to file an adjustment of status application, they can end the process at a consulate simply by notifying the consulate that they are switching to adjusting status. However, the reverse is not so easy. An I-824 must be filed with USCIS when switching to consular processing and historically this can take upwards of a year to accomplish. Sample Workflow for I-130 Petition with Concurrent I-485 or for I-485 Petition Based on an Already Approved I-130 Initial consultation with Attorney. See Sample Eligibility Screening Assessment Tool for Family-Based Immigration – Tool for attorney to use to assess whether foreign national is eligible for a family-based green card. Attorney gives Retainer Agreement to Client. Client signs Retainer Agreement and makes required initial payment. Case file is created, and a case is opened in case-management system. Paralegal sends intake questionnaire and document checklist to Client. Paralegal works with Client to have them complete the intake and send in required documents. See Sample Intake Questionnaire for Family-Based Application for Adjustment of Status: Forms I-130 and I-485 – Sample intake questionnaire to be given to complete and information needed for the I-130 petition and I-485 application. See Sample Document Checklist for Client for Marriage-Based, Concurrently Filed I-130 and I-485 – Sample document checklist to be provided to the petitioner and beneficiary. See Sample Document Checklist for Client for Concurrently Filed I-130 and I-485 for Parent(s) of U.S. Citizen – Sample document checklist to be provided to the petitioner and beneficiary. See Sample List of Suggested Evidence Documenting Bona Fides of Marriage – List of sample documents that might be provided to demonstrate that the marriage that is the basis of a family-based immigrant visa petition is bona fide. If Co-Sponsor or Joint Sponsor is needed, Paralegal sends I-864 Co-Sponsor waiver, I-864 intake and document checklist to Client to provide to Co-Sponsor or Joint Sponsor. Paralegal works with Client and Co-Sponsor to have them complete the waiver and intake forms and send in documents. See Sample Intake Questionnaire for Affidavit of Support, I-864 or I-864A, Affidavit of Support for Petitioner/Sponsor, Co-Sponsor, or Joint Sponsor – Sample intake questionnaire to be given to complete and information needed for the I-864 or I-864A. See Sample Disclaimer Letter for Co-Sponsor Submitting Form I-864 Affidavit of Support –NOTE: This disclaimer addresses the potential conflict of interest resulting from the attorney preparing the I-864 for the co-sponsor. Prior to relying on this sample disclaimer, please check the ethics guidelines for the applicable state bar, as this sample disclaimer may not be compliant with the professional ethics guidelines for every state. Attorney reviews Client documents with Paralegal, and Attorney and Paralegal work with Client to obtain any additional documents. If applicable, Attorney reviews I-864 Joint-Sponsor documents with Paralegal, and Attorney and Paralegal work with Client and Joint Sponsor to obtain any additional documents. Paralegal drafts: G-28s I-130, (I-130A, if Petitioner is Spouse of Beneficiary); I-485, (I-485A, if applying under 245(i)); I-131 (application for travel document/AP); I-765 (for employment authorization/EAD); I-864 (I-864A and/or I-864 for Co-Sponsor or Joint Sponsor, if needed); I-601 is also prepared if waiver required for existing ground of inadmissibility See: Instructions and Tips for Completing Forms for Family-Based Immigrant Petition: I-130 and I-130A Instructions and Tips for Completing the Application for Adjustment of Status Based on a Family-Based I-130 Immigrant Petition: Forms G-28 and I-485 Instructions and Tips for Completing Form I-485A Supplement A for Adjustment of Status Under §245(i) Instructions and Tips for Completing the Application for Travel Document Based on A Concurrently Filed or Pending I-485 Application for Adjustment of Status: Forms G-28 and I-131 Instructions and Tips for Completing Application for Work Authorization Document Based on Concurrently Filed or Pending I-485 Application for Adjustment of Status: Form I-765 Instructions and Tips for Completing the Form I-864 Affidavit of Support under INA §213 and the Form I-864A Contract Between Sponsor and Household Member Sample Immigrant Petition for Spouse of U.S. Citizen with Concurrent Application for INA §245(i) Adjustment of Status: Forms G-28, I-130, I-130A, I-485, I-485A, I-864, I-864A, I-131, and I-765 Attorney and Paralegal review forms and make necessary edits. Paralegal sends Client Forms to Clients (and Co-Sponsor/Joint Sponsor) for review and signature and reminds Client to pay for government filing fee if not already paid. Paralegal also reminds Client to send required passport-style photographs when sending signed forms, if not already provided. When signed forms and passport-style photographs are received, Paralegal prepares the I-130/I-485 packet and gives it to Attorney for review. Attorney reviews the I-130/I-485 packet and makes any necessary edits or instructs Paralegal to make necessary edits. See Sample Packet Preparation and Review Checklist for Marriage-Based, Concurrently Filed I-130 and I-485 See Sample Packet Preparation and Review Checklist for Non-Marriage-Based, Concurrently Filed I-130 and I-485 See Sample Cover Letter for Marriage-Based, Concurrently Filed I-130 and I-485 See Author Notes for Marriage-Based Concurrent I-130/I-485 Filing Requirements Attorney signs forms and cover letter. Paralegal makes a copy for Client file and sends out I-130/I-485 packet to USCIS. Paralegal sends copy of I-130/I-485 packet and USPS/courier tracking information to Client. See Sample Notice to Client That I-485 Has Been Filed with USCIS Receipt Notices for I-130, I-485, I-131, and I-765 are received. Paralegal enters a copy and necessary information into case-management system and sends a copy of the Receipt Notices to Client. Application Support Center (ASC) Appointment Notice is received. Paralegal enters a copy and necessary information into case-management system. Attorney or Paralegal sends a copy of ASC Appointment Notice to Client with instructions about ASC Appointment and asks Client to confirm that they will be able to attend the ASC Appointment. See Sample Instructions to Client about Attending Application Support Center (ASC) Appointment (Volume 1 Appendix) – This is a sample letter that can be given to client when the USCIS Application Support Center (ASC) biometrics appointment has been scheduled. This letter asks client to confirm that they can attend the scheduled ASC appointment and provides guidance on what they should expect and what they should bring to the ASC appointment. See Sample Application Support Center (ASC) Appointment Notice (Volume 1 Appendix) – Sample notice from USCIS that client has been scheduled to have their biometrics and photograph taken for their application at the USCIS Application Support Center. If Client is unable to attend the scheduled ASC appointment, Attorney advises Client how to reschedule ASC appointment via telephone. See Rescheduling Biometric Services Appointments by Phone at https://www.uscis.gov/‌news/‌alerts/‌rescheduling-biometric-services-appointments-by-phone. Client attends ASC Appointment. Paralegal follows up with Client to obtain a copy of ASC Appointment Notice with stamp from ASC showing that Client appeared for the ASC Appointment. If I-693 was not filed together with I-485: Attorney receives a courtesy notice that instructs Client to either bring the I-693 to USCIS interview or to submit it earlier if requested by USCIS. Paralegal enters a copy and necessary information into case-management system and sends a copy of the Notice to Client. See Sample Courtesy Notice from USCIS Regrading I-693 Medical Examination Record – Sample notice from USCIS explaining medical examination requirement. If an RFE is received, Paralegal enters a copy and necessary information into case-management system. Appropriate calendaring is needed to ensure timely response to the RFE. Paralegal schedules and appointment between Client and Attorney to discuss the RFE. Attorney reviews the RFE with Client and explains what additional documentation is needed to respond to the RFE. Follow-up email is sent to Client listing documents that Client needs to provide to Attorney for the RFE response. Attorney and Paralegal follow up with Client to ensure quick receipt of documents from Client. When additional documentation is received from Client, Attorney drafts the RFE response and submits it to USCIS. See Sample Cover Letter for Submission for Form I-693 Medical Examination in Response to RFE – Sample cover letter to be used with medical examination. Approval Notices for I-131 and I-765 are received. Paralegal enters a copy and necessary information into case-management system and sends a copy of the approval notice to Client. EAD/AP Card are received. Paralegal enters a copy and necessary information into case-management system and calendars a reminder for extensions of EAD/AP if needed. Paralegal confirms mailing address with Client. Client either picks up the card from the office or Paralegal sends card to Client at the confirmed mailing address. See Sample Packet Preparation and Review Checklist for I-765 and/or I-131 for Renewal of Employment Authorization Document and/or Advance Parole Travel Document Based on a Pending I-485 See Sample Cover Letter for I-765 and I-131 Renewal Based on Pending I-485 I-485 Interview Appointment Notice is received. Paralegal enters a copy and necessary information into case-management system. Attorney or Paralegal sends a copy of I-485 appointment notice to Client and asks Client to confirm that they will be able to attend the I-485 appointment on the scheduled date. Paralegal schedules a meeting/call between Client and Attorney to prepare Client for the I-485 interview. If Client is unable to attend the scheduled I-485 interview, Attorney submits a request to USCIS to reschedule the I-485 interview. Attorney meets or has a call with Client to prepare Client for interview. Attorney provides Client with checklist of documents to bring to the interview and reviews interview expectations with Client. See Sample Tips for Client for Testifying at USCIS Interview for Adjustment of Status See Suggested Evidence of the Bona Fides of the Marriage (above) See Sample (Stokes-Type) Marriage-Based Interview Questions – List of potential questions that might be asked at a marriage-based green card interview. If the interview is in a different city or if Attorney is unable to attend the interview but Client wishes to have Attorney attend the interview, Attorney assists Client in finding an alternative Attorney to attend the I-485 interview. Attorney attends I-485 interview with Client. If an RFE is received during/after the interview, Paralegal enters a copy and necessary information into case-management system. Appropriate calendaring is needed to ensure timely response to the RFE. Appointment is scheduled with Client to discuss the RFE. Attorney reviews the RFE with Client and explains what additional documentation is needed to respond to the RFE. Follow-up email sent to Client listing the documents that Client needs to provide to Attorney for RFE response. Attorney and Paralegal follow up with Client to ensure quick receipt of documents from Client. Attorney drafts the RFE response and submits it to USCIS. Approval Notices for I-130 and I-485 are received. Paralegal enters a copy and necessary information into case-management system and sends a copy of the approval notices to Client. Alien Registration Card is received. Paralegal enters a copy and necessary information into case-management system. Paralegal confirms Client’s mailing address. Client either picks up card from the office or Paralegal sends card to Client at the confirmed mailing address. Reminders are calendared for date when Client will be eligible to apply for naturalization (N-400) so a follow-up can be sent to Client at that time. If Client is granted conditional permanent residence, reminders are calendared for follow-up with Client about I-751 filing. Client is sent information about permanent resident status and case-termination letter, and case is closed. See Sample Guideline Letter for New Permanent Residents – Sample letter to the new permanent resident advising on various requirements such as Selective Service registration, abandonment of permanent residency, and other topics. Sample Eligibility Screening Assessment Tool for Family-Based Immigration U.S. Citizen or Lawful Permanent Resident Petitioner:________________________________________ They are a: □ U.S. Citizen from birth □ U.S. citizen by naturalization or obtained citizenship through parents after birth □ Lawful Permanent When did Petitioner became an LPR: ____________________ What is the basis on which Petitioner became an LPR: ___________________________________________________________ Foreign National Family Beneficiary(ies) to be sponsored, and relationship to Petitioner: ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Date of Assessment: _____________________________ Status Information of Beneficiary: (For additional Beneficiaries enter this information in notes or separate page) Beneficiary’s Country of Birth: _______________________________ Countries of Citizenship: ____________________________________ Where are they currently located: ________________________________________________________ ____________________________________________________________________________________ Have they ever entered the United States without inspection: □ Yes □ No Have they ever overstayed their I-94 and/or any authorized period of stay in the United States: □ Yes □ No Have they ever been denied a visa or denied entry into the United States: □ Yes □ No Have they ever had any encounters with ICE or CBP (other than for inspection for admission or parole): □ Yes □ No Have they ever been detained, arrested, charged, or cited by any law enforcement agency: □ Yes □ No Have they ever been in immigration removal, deportation, or exclusion proceedings (including administratively closed proceedings): □ Yes □ No Have they ever made any misrepresentations when obtaining or attempting to obtain a visa, admission to the United States, or any other immigration benefit?: □ Yes □ No Have they ever applied for, or has anyone else ever petitioned for them or spouse or their parents, or sponsored them or their spouse or parents, for any U.S. immigration benefits: □ Yes □ No If Beneficiary is in the United States: When did they last enter the United States?: _____________________________ Were they inspected and admitted when they last entered?: □ Yes □ No In what status did they last enter the United States?: ______________________________ Have they continued to maintain valid nonimmigrant status?: □ Yes □ No What is their current immigration status?: _______________________ When does their current immigration status expire?: _______________ Address or City of Residence: _____________________________________________________ If client is eligible to file I-485 and you wish to determine in which USCIS Field Office the interview is likely to occur, you can find the USCIS Field Office with jurisdiction over the Beneficiary’s place of residence by entering their zip code at https://www.uscis.gov/about-us/find-a-uscis-office/field-offices: Zip Code __________ USCIS Field Office_______________________________ Additional notes about history of immigration status, entries into the United States, maintenance of status, Unlawful Presence, contacts with ICE/CBP, immigration proceedings, etc.: ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Does the relationship between the U.S. Citizen or LPR and the Foreign National qualify (or will qualify) in one of the following family categories for the U.S. citizen or Lawful Permanent Resident (LPR) to file an I-130 or for the Foreign National to file a Self-Petition I-360 immigrant petition? (Use the appropriate chart listed for the category to assess whether the relationship qualifies under the category) I-130 Immigrant Petition Immediate Relative Categories: _____ Spouse of U.S. citizen (Immediate Relative) (See Chart 4); _____ Parent of U.S. citizen (Immediate Relative)(See Chart 2); _____ Minor child (unmarried and under 21) of U.S. citizen (Immediate Relative) (See Chart 1); Preference Categories: _____ Spouse of LPR (Second preference: F-2A) (See Chart 4): _____ Minor child (unmarried and under 21) of LPR (Second preference: F-2A)(See Chart 1); _____ Unmarried adult son or daughter (21 or older) of LPR (Second preference: F-2B)(see Chart 1); _____ Unmarried adult son or daughter (21 or older) of U.S. citizen (First Preference: F-1) (See Chart 1); _____ Married son or daughter (any age) of U.S. citizen (Third preference: F-3)(See Chart 1); _____ Siblings of U.S. citizens (Fourth preference: F-4) (See Chart 3); I-360 Immigrant Self-Petition: _____ Self-Petitioning widow(er) of a U.S. citizen (treated as Immediate Relative category) (See Chart 5); NOTE: For I-360 for Self-Petitioning Spouse, Child, or Parent of an abusive U.S. Citizen or LPR under VAWA, see Separate Eligibility Assessment Tool for VAWA Self-Petitioner. NOTE: For I-129F for K-1 Nonimmigrant Visa for Fiancé(e) of U.S. Citizen, see Separate Eligibility Assessment Tool for K-1. □ Yes. □ No. In order to be eligible to be the beneficiary for a family-based I-130 or family-based I-360 immigrant petition, you must fall within one of the above categories. Assess client for other potential basis for eligibility. NOTE: I-600 and I-800 petitions for orphan and adopted children are not covered by the current version of this guide. Petitioner meets the requirement to file an I-864 (or I-864EZ) Affidavit of Support, which must be filed at the time of filing Form I-485 Application for Adjustment of Status with USCIS or Form DS-260 Immigrant Visa Application with DOS? (Note: An I-864 is not required where applying based on self-petition I-360 for Widow(er) or for abused spouse or child under VAWA.) □ They are at least 18 years old □ They are a U.S. Citizen or LPR □ They are domiciled in the United States (or intends to return to the United States with the Beneficiary to resume domicile in the United States) □ They have filed a Federal Income Tax Return with the IRS for the most recent year (or were exempt under IRS regulations from the requirement to file a Federal Income Tax Return) □ They have annual income that meets the required income for their household size per the I-864P HHS Poverty Guidelines for the Affidavit of Support (see https://www.uscis.gov/i -864p) OR have sufficient assets to meet the requirement (5 times or 3 times the difference between the required income and the household income) What do they do for a living? ___________________________________________________ Approximately what do they earn annually: _______________________________________ Any dependents: _____________________________________________________________ □ Petitioner meets the requirements to file an I-864 (at least 18, USC or LPR, domiciled in the United States or will resume domicile in the United States, and have filed IRS tax return for most recent year) and they have sufficient income or assets to mee the income requirement. □ Beneficiary is eligible for one of the exemptions to the I-864 requirement and would file an I-864W. So, Petitioner is not required to file an I-864. □ Petitioner meets the requirements to file an I-864 (at least 18, USC or LPR, domiciled in the United States or will resume domicile in the United States, and have filed IRS tax return for most recent year or was exempt from filing) but they do not have sufficient income or assets to meet the income requirement. Discuss with Petitioner whether they have any family members who qualify as a Household Member and would file an I-864A as a Household Member together with the Petitioner’s I-864 to meet the income or asset requirement or a family member or friend who meets the requirements above and would file an I-864 as a Joint Sponsor together with the Petitioner’s I-864. □ Petitioner does not meet the requirements to file an I-864 (either they are under 18, or not domiciled in the United States and will not be returning to the United States with Beneficiary to resume United States domicile, or they have not filed an IRS tax filing for the most recent year and are not exempt from filing). Discuss what Petitioner can do to meet the missing requirement. If the issue cannot be resolved and Petition remains ineligible to file I-864 then Beneficiary will not be able to file I-485 Application to Adjust Status or DS-260 Immigrant Visa Application based upon the I-130 petition filed by Petitioner. NOTES: ______________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Is the potential visa category current and a visa immediately available? □ Yes, qualifies for Immediate Relative category - Immediate relative categories are always current because there is no numerical limit on those categories. □ Yes, qualifies for preference category (F-1, F-2A, F-2B. F-3 or F-4), but a visa is currently available per the DOS Visa Bulletin, https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html. □ No, qualifies for preference category where a visa is not currently available per the DOS Visa Bulletin. Does the Beneficiary appear to be subject to any grounds of inadmissibility that would make them ineligible to apply for Adjustment of Status or an Immigrant Visa unless they obtained a waiver? (See separate Grounds of Inadmissibility Assessment Tool): □ Yes □ No NOTES: _____________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ CHART 1: CHILD, SON, OR DAUGHTER OF U.S. CITIZEN OR LPR: □ N/A Is there a qualifying Parent-Child relationship? Does Client qualify as a Child, Son, or Daughter under immigration law, by currently meeting or previously meeting one or more of the following criteria? Born in wedlock to U.S. Citizen or LPR parents; USCIS considers a child to be born in wedlock when the child’s legal parents are married to one another at the time of the child’s birth and at least one of the legal parents has a genetic or gestational relationship to the child.; OR Born out-of-wedlock to U.S. citizen or LPR natural mother; OR Born out-of-wedlock to U.S. citizen or LPR natural father, and Legitimated as a child prior to 18th birthday under the laws of the child’s residence or domicile or under the laws of the father’s residence or domicile, and Was in the legal custody of the legitimating parent or parents at the time of legitimation; OR Born out-of-wedlock to U.S. citizen or LPR natural father, and a bona-fide parent-child relationship was established prior to the child’s 21st birthday and prior to the child marrying; OR Is the stepchild of the U.S. Citizen or LPR, where the marriage creating the stepparent-stepchild relationship occurred before the child’s 18th birthday ; OR Was adopted by the U.S. Citizen or LPR prior to their 16th birthday if: The child has been in the legal custody of, and has resided with, the adopting parent or parents for at least two years; or If the child has been battered or subject to extreme cruelty by the adopting parent or by a family member of the adopting parent residing in the same household; (Adopted children from Hague Convention countries have additional requirements to meet that are not covered under the current version of this guide. For a list of Hague Convention countries, go to https://travel.state.gov/content/travel/en/Intercountry-Adoption/Adoption-Process/understanding-the-hague-convention/convention-countries.html) OR Was adopted by the U.S. Citizen or LPR prior to their 18th birthday, if: their sibling was also adopted by the same parent(s) prior to the sibling’s 16th birthday and both siblings meet one of the following requirements: the child has been in the legal custody of, and has resided with, the adopting parent or parents for at least two years; or if the child has been battered or subject to extreme cruelty by the adopting parent or by a family member of the adopting parent residing in the same household; (Adopted children from Hague Convention countries have additional requirements to meet that are not covered under the current version of this guide) A child born as a result of assisted reproductive technology (in vitro fertilization) and a U.S. citizen parent has a biological connection to the child: The child of a gestational parent who is also the child’s legal parent may be considered a “child” for immigration purposes. A person who is the gestational and legal parent of a child under the law of the relevant jurisdiction at the time of the child’s birth may file a Petition for Alien Relative for the child if all other eligibility requirements are met; OR A non-genetic, non-gestational legal parent may file a Form I-130 on behalf of the child if the parent is married to the child’s genetic or gestational parent at the time of the child’s birth and both parents are recognized by the relevant jurisdiction as the child’s legal parents. Under those circumstances, the child is considered born in wedlock; □ Yes. The foreign national qualifies, or qualified, as a “child”, “son” or “daughter” under immigration law. Therefore, the required parent-child relationship exists. □ No. The foreign national does not have the required parent-child relationship to be the primary beneficiary of an I-130 or I-360 immigrant petition. OR If the foreign national falls into one of the following categories, they may be eligible to be the beneficiary of an I-600 or I-800 immigrant petition (I-600 and I-800 cases are not covered under the current version of this guide.): A child under the age of 16 at the time a petition as an immediate relative is filed who is an orphan because of the death or disappearance, abandonment, or desertion by, or separation or loss from, both parents, or for whom the sole or surviving parent is incapable of providing the proper care and has, in writing, irrevocably released the child for emigration and adoption, and the child has been adopted abroad (or is coming to the United States to be adopted) by a U.S. citizen and spouse jointly, or by an unmarried U.S. citizen who is at least 25 years old and at least one of whom saw and observed the child before or during the adoption proceedings; OR A child, younger than 16 years of age at the time of petition as an immediate relative is filed, who has been adopted in a foreign state that is a party to the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (the “Hague Convention”) who is emigrating from such a country to be adopted in the United States by a U.S. citizen and spouse or by an unmarried U.S. citizen over 25 provided that the Secretary of Homeland Security is satisfied that proper care will be furnished; the child’s natural parents (or parent, if only one parent survives or a parent has abandoned or deserted the child) or other persons in institutions having custody of the child have freely given irrevocable consent to the termination of the legal relationship with the child and to the child’s emigration and adoption; or neither parent is capable of providing care to the child; the U.S. Attorney General believes the purpose of the adoption is to form a bona fide parent-child relationship; and the parent-child relationship of the natural parents has been terminated for a child not yet adopted; the competent authority of the foreign country has approved the child’s emigration to the United States for the purpose of adoption by the prospective adoptive parents (and the parents have complied with all pre-adoption requirements). Which immigrant visa category does the foreign national Child, Son, or Daughter fall into? The parent is a U.S. Citizen and the child is unmarried and under 21 at the time that the parent files the immigrant petition – Immediate Relative; The parent is a U.S. Citizen and the child is unmarried and over 21 at the time that the parent files the immigrant petition - First Preference: F-1; The parent is a U.S. Citizen and the child is married - Third preference: F-3; The parent is an LPR and the child is unmarried and under 21 at the time that the parent files the immigrant petition - Second preference: F-2A; The parent is an LPR and the child is unmarried and over 21 at the time that the parent files the immigrant petition – Second Preference: F-2B; NOTE: The immigrant visa category can change if prior to the beneficiary becoming an LPR one of the following happens: The LPR parent becomes a U.S. Citizen; The beneficiary marries; the beneficiary turns 21 (although see the Child Status Protection Act for situations in which the child’s age for immigration purposes is frozen below 21). If the U.S. Citizen or LPR parent has been convicted of any of the following crimes, you should assess whether they might be barred from petitioning (I-130) for the child under the Adam Walsh Act: An offense (unless committed by a parent or guardian) involving kidnapping; An offense (unless committed by a parent or guardian) involving false imprisonment; Solicitation to engage in sexual conduct; Use in a sexual performance; Solicitation to practice prostitution; Video voyeurism as described in 18 USC 1801; Possession, production, or distribution of child pornography; Criminal sexual conduct involving a minor, or the use of the Internet to facilitate or attempt such conduct; or Any conduct that by its nature is a sex offense against a minor. CHART 2: PARENT OF U.S. CITIZEN: □ N/A Is the potential Petitioner a U.S. Citizen? □ Yes □ No. Only a U.S. Citizen can file and immigrant petition for their parent. If the potential petitioner is an LPR, review with them eligibility to apply for naturalization to become a U.S. citizen and/or discuss other options available to the parent. Is the foreign national a “Parent” for U.S. immigration purposes? □ Yes. The definition of “Child” above (Chart 1) is determinative. If the child meets, or has met, one of the definitions of a child above, then their parent is a “Parent” for immigration purposes. For stepparents, as long as the marriage that created the relationship with the stepchild occurred before the stepchild’s 18th birthday, then they are considered a “Parent” for immigration purposes. □ No. The U.S. Citizen cannot petition for their parent. Discuss other options with Client. Is the U.S. Citizen Son or Daughter at least 21 years old? □ Yes. □ No. The U.S. Citizen must be at least 21 years old to be eligible to file the immigrant petition for their parent. CHART 3: SIBLING OF U.S. CITIZEN □ N/A Is the potential Petitioner a U.S. Citizen? □ Yes □ No. Only a U.S. Citizen can file and immigrant petition for their Sibling. If the potential petitioner is an LPR, review with them eligibility to apply for naturalization to become a U.S. citizen and/or discuss other options available to the sibling. Is the sibling a “Sibling” of the U.S. Citizen for immigration purposes? □ Yes. The definition of Child above (Chart 1) is determinative. If each sibling meets, or has met, one of the definitions of a “child” above for the same parent or parents, then they are “Siblings” for immigration purposes. □ No. The U.S. Citizen cannot petition for their sibling. Discuss other options with Client. Is the U.S. Citizen at least 21 years old? □ Yes. □ No. The U.S. Citizen must be at least 21 years old to be eligible to file the immigrant petition for their sibling. CHART 4: SPOUSE OF U.S. CITIZEN OR LPR: □ N/A Date of Current Marriage (or upcoming date of planned marriage):__________________ Location of current (or upcoming) marriage: ___________________________________ Has either of the couple been married before: □ No □ Yes, and all prior marriages for each of them were terminated prior to the current (or upcoming) marriage. – Verify that all prior marriages were fully terminated (including proper registration with the government) prior to the date of the couple’s current or upcoming marriage. USCIS will also generally not recognize a divorce if neither member of the couple was physically present or domiciled at any time in the divorcing country. Tribal divorces can be considered adequate for immigration law purposes in some cases. Religious divorces are generally not considered adequate. (See the DOS Visa Reciprocity Table listing for the specific country for documentation of divorce, annulment, or death at https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html). □ Yes, and the termination of one or more of the prior marriages was not finalized prior to the couple’s current (or upcoming) marriage. The couple is not yet eligible to file the petition. Clients must fully finalize all prior marriages, including registration of divorce, annulment, or death with the appropriate authority, prior to the current (or upcoming) marriage. If couple is already currently married, they will need to remarry after all prior marriages have been fully terminated. Is there a legally valid qualifying marriage that is the basis for an immigration application? □ Yes. The marriage is valid under the laws of the state or country where the marriage was performed (including religious marriages IF the marriage is recognized as legally valid in the jurisdiction where the ceremony takes place). However, if the marriage is valid in the country or jurisdiction where the marriage occurred but is void under the laws of the jurisdiction where the couple will live in the United States (i.e., polygamous, incestuous, under-age marriage, etc.) then the marriage will not be considered legal for immigration purposes. It is possible for a common law marriage to be a valid marriage for immigration purposes where common law marriages are fully valid under the jurisdiction. Proxy marriages are insufficient without proof of consummation. (See the DOS Visa Reciprocity Table listing for the specific country for documentation of marriages outside the United States at https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html) □ No, but the couple is planning on marrying and are legally able to do so. You can also assess whether a K-1 fiance(e) visa might be a more appropriate option for the couple. □ No. The couple’s marriage is not legally recognized and registered in the jurisdiction where they married or is considered void in the U.S. state where they will be residing. Marriages that are not recognized in the jurisdiction where they take place (relationship too close, one or both spouses are too young, etc.) will not qualify. If a couple goes to another state to marry, then return to their state of residence and file from there, this marriage would still not be valid for immigration purposes if the marriage is considered void under the laws of their state of residence. Proxy marriages are not recognized unless the couple can show the marriage was consummated. NOTE: Same-sex and transgender marriages are recognized as valid as long as they were valid in the jurisdiction where the marriage occurred, even if the marriage is not recognized as valid by the U.S. state where the couple will be residing. □ No. But the couple are cohabiting partners. Cohabiting partners are not eligible for marriage-based immigration benefits. However, the State Department will allow B-2 visas to be issued to cohabiting partners of long-term nonimmigrants provided the applicant can demonstrate non-immigrant intent under §214(b) of the Immigration and Nationality Act. Is one (or both) of the spouses a minor? □ No. □ Yes. While the Immigration and Nationality Act does not set any minimum age requirements for a petitioner or a beneficiary of a Form I-130 spousal petition, USCIS directs officers to consider the following factors in adjudicating I-130 spousal petitions: The legality of the marriage in the place it was celebrated; The validity of the marriage in the couple’s current or presumed state of residence; Public policy considerations; and The bona fides of the spousal relationship for immigration purposes. In consular cases, if a petitioner or beneficiary is less than 16 years old, or when the beneficiary is 16 or 17 years old but there is more than 10 years difference in age with the other spouse, both spouses will be interviewed at a consulate. NOTE: At the time of the filing of the I-485 with USCIS or at the time of applying for the Immigrant Visa with DOS, the Petitioner must file a Form I-864 affidavit of support (a joint sponsorship cannot overcome this). You must be at least 18 years old to file a Form I-864. So, while a petitioner under 18 can file the I-130, the filing of the I-864 with the I-485 or Consular Processing of the Immigrant Visa would need to wait until the petitioner reaches their 18th birthday. Is the marriage a bona fide relationship or is it one entered into for purposes of evading immigration law? The following factors are examples of what will be considered in making this determination (not an exhaustive list): How did the couple meet? How long did the couple know each other before marrying? Did the marriage seem to be hurried and informal? Are the couple living together and, if not, is there a good reason that they are not? Do the couple appear to know each other well (much of the interview may probe this subject)? Has the couple merged their personal finances? Are the relatives of the U.S. citizen or permanent resident petitioner aware of the marriage? Was the foreign national in a secure immigration status (or out of the country) or facing potential removal because of being out of status? Has the couple had any children together? □ Yes. □ No. A marriage not deemed bona fide will not be recognized for immigration purposes. However, a marriage that was valid at inception remains valid for immigration purposes even if a couple is separated and the marriage is no longer viable. USCIS and the State Department can deny a petition based on a marriage being fraudulent or a sham, but it must show that this was the intent when the marriage initially took place. Notes regarding the bona fides of the marriage: ____________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ Is the petitioning spouse a Lawful Permanent Resident who obtained LPR status through a prior marriage? □ No. □ Yes. But it has been more than 5 years since they were granted LPR status or the prior marriage was terminated by the death of the prior spouse. □ Yes. And it has been less than 5 years since they were granted LPR status. INA §204(a)(2)(A) prohibits the approval of a visa petition filed by an LPR for a spouse within 5 years of the date on which the petitioner became an LPR if that LPR obtained their residence status through a prior marriage. The LPR can overcome this prohibition if they establish by clear and convincing evidence that the prior marriage was not entered into with the purpose of evading the immigration laws, or that the prior marriage ended through death. Has the foreign national spouse previously been the beneficiary of an immigrant petition? □ No. □ Yes. If it was a marriage-based petition, determine the outcome of the prior petition and assess whether the marriage was entered into for the sole purpose of obtaining LPR status for the foreign national. Under INA §204(c), the immigrant petition cannot be approved if it is being filed for a person whom USCIS determined was someone who entered into or attempted or conspired to enter into a marriage in order to evade U.S. immigration laws. Even if the prior petition was not denied on the basis of marriage fraud, USCIS may still look back at the prior petition and make a determination of fraud as part of the process of adjudicating the current petition. However, if the new petition is being filed by the same spouse for the same beneficiary, then the petition can be approved upon a sufficient showing that the marriage is bona fide. Did the marriage occur while the foreign national spouse was in immigration removal, deportation, or exclusion proceedings (including administratively closed proceedings)? □ No. □ Yes. An I-130 being filed for a spouse may not be approved if the petitioner married the spouse while the spouse was the subject of an exclusion, deportation, removal, or rescission proceeding (including administratively closed proceedings), or while a decision in any of these proceedings was before any court on judicial review. However, one may be eligible for the bona fide marriage exemption under INA §245(e)(3) if: A request is made in writing for a bona fide marriage exemption and proof is provided by clear and convincing evidence that the marriage is legally valid where it took place and that the petitioner, and their spouse married in good faith and not for the purpose of obtaining LPR status for the spouse and that no fee or any other consideration (other than appropriate attorney’s fees) was given to the petitioner for the filing of the petition; OR The petitioner’s spouse has lived outside the United States, after the marriage, for a period of at least two years. CHART 5: SELF-PETITIONING WIDOW(ER) OF U.S. CITIZEN □ N/A Was Client’s spouse a U.S. Citizen? □ Yes. □ No. The widow(er) of an LPR is not eligible to file a self-petition I-360. If Client was the beneficiary of an I-130 petition filed by the LPR spouse, assess whether the petition is eligible for reinstatement under INA §204(l) (https://www.uscis.gov/green-card/green-card-eligibility/basic-eligibility-for-section-204l-relief-for-surviving-relatives) or humanitarian reinstatement (https://www.uscis.gov/‌green-card/green-card-eligibility/humanitarian-reinstatement). If not, discuss other immigration options with Client. Was Client married to the U.S. Citizen and not legally separated at the time that the U.S. Citizen died? □ Yes. □ No. Client cannot qualify for a self-petitioning I-360 if they were not married to the U.S. Citizen, or if they were legally separated from the U.S. Citizen, at the time that the U.S. Citizen died. Discuss other immigration options with Client. Is there a currently pending I-30 petition, or currently valid approved I-130 petition filed by the spouse for Client? □ No. □ Yes. If Client was married to a U.S. Citizen who filed Form I-130 for them before they died, which was pending or approved at the time of death, you do not need to file a Form I-360 Petition. Under 8 CFR §204.2(i)(1)(iv), the U.S. Citizen spouse’s Form I-130 automatically converts to a widow(er)’s Form I-360 when the U.S. Citizen spouse died. When you notify USCIS about the death of the spouse, USCIS will adjudicate the Form I-130 as a Form I-360. To qualify, Client must not have been divorced or legally separated from the U.S. citizen at the time of death. Client’s eligibility to immigrate as a widow(er) ends if they have remarried. Has Client remarried? □ No. □ Yes. Client’s eligibility to immigrate as a Widow(er) ends if they have remarried. ● Can the I-360 be filed within two years of the date that the U.S. Citizen spouse died? □ Yes. □ No. But there is a currently pending I-30 petition, or currently valid approved I-130 petition filed by the spouse for Client, so I-360 petition is not required. □ No. The I-360 petition for a Self-Petitioning Widow(er) of a U.S. Citizen must be filed within two years of the date that the U.S. Citizen spouse died. Discuss other immigration options with Client. ADDITIONAL NOTES: _______________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ Sample Intake Questionnaire for Family-Based Application for Adjustment of Status: Forms I-130 and I-485 Please complete all of the questions below. Incomplete questionnaires will result in processing delays. If a question does not apply, please enter “N/A” or “None.” If you require additional space to complete any answer, please attach an additional sheet of paper (indicate the question you are answering). PETITIONER (U.S. CITIZEN OR LEGAL PERMANENT RESIDENT) I am filing this petition for my: □ Spouse □ Parent □ Brother/Sister □ Child If you are filing this petition for your child or parent, select the box that describes your relationship: □ Child was born to parents who were married to each other at the time of the child’s birth □ Stepchild/Stepparent □ Child was born to parents who were not married to each other at the time of the child’s birth □ Child was adopted (not an Orphan or Hague Convention adoptee) If the beneficiary is your brother/sister, are you related by adoption? Yes □ No □ N/A □ Have you ever previously filed a petition for this beneficiary or any other alien? Yes □ No □ Last Name: First Name: Middle Name: City or Town: State: Date Filed (mm/dd/yyyy): Result (ex. Approved, denied, withdrawn): Did you gain lawful permanent resident status or citizenship through adoption? Yes □ No □ Alien # if applicable: Your Full Name: Last Name: First Name: Middle Name: Other Names Used: Last/Maiden Name: First Name: Middle Name: City/Town/Village of Birth: State/Province of Birth: ______________________________________________ Country of Birth: Date of Birth (mm/dd/yyyy): Sex: □ Male □ Female Social Security #: Phone Numbers: cell: home: Email: Mailing Address: In care of: Street Number and Name: □ Apt. □ Ste. □ Flr. City or Town: State: Zip Code: Province: Postal Code: Country: Address History (provide last five years of physical addresses, whether inside or outside the United States) DO NOT LEAVE ANY GAPS IN BETWEEN DATES Physical Address 1 (Current Address): Street Number and Name: □ Apt. □ Ste. □ Flr. City or Town: State: Zip Code: Province: Postal Code: Country: Date From (mm/dd/yyyy): Date To (mm/dd/yyyy): PRESENT Physical Address 2: Street Number and Name: □ Apt. □ Ste. □ Flr. City or Town: State: Zip Code: Province: Postal Code: Country: Date From (mm/dd/yyyy): Date To (mm/dd/yyyy): Physical Address 3: Street Number and Name: □ Apt. □ Ste. □ Flr. City or Town: State: Zip Code: Province: Postal Code: Country: Date From (mm/dd/yyyy): Date To (mm/dd/yyyy): Marital Information: How many times have you been married? Current Marital Status: □ Single, □ Never Married □ Married □ Divorced □ Widowed □ Separated □ Annulled Date of Current Marriage (mm/dd/yyyy): Place of Your Current Marriage (if married): City or Town: State: Province: Country: Name of Current Spouse 1: Last Name: First Name: Middle Name: Date of Birth: Place of Birth: City/State/Country Date of Marriage (mm/dd/yyyy): Place of Marriage: City/State/Country Name of Prior Spouse 2: Last Name: First Name: Middle Name: Date of Birth: Place of Birth: City/State/Country Date of Marriage: Place of Marriage: City/State/Country Date Marriage Ended (mm/dd/yyyy): Place Ended: City/State/Country Information About Your Parents: Parent 1 Last Name: Last Name: First Name: Middle Name: Maiden Name: Date of Birth: Sex: Male □ Female □ City/Town/Village of birth: Country of Birth: City/Town/Village of Residence: Country of Residence: If deceased provide date: Parent 2 Last Name: Last Name: First Name: Middle Name: Date of Birth: Sex: Male □ Female □ City/Town/Village of birth: Country of Birth: City/Town/Village of Residence: Country of Residence: If deceased provide date: I am a: □ U.S. Citizen □ Lawful Permanent Resident If you are a U.S. Citizen, complete # 21 & # 22 My citizenship was acquired through: □ Birth in the United States □ Naturalization □ Parents Have you obtained a Certificate of Naturalization or a Certificate of Citizenship? Yes □ No □ If you answered “yes” to #22, complete the following: Certificate Number: Place of Issuance: Date of Issuance (mm/dd/yyyy): If you are a lawful permanent resident, complete the following: Class of Admission: Date of Admission (mm/dd/yyyy): Place of Admission (city or town): State: Did you gain lawful permanent resident status through marriage to a U.S. citizen or lawful permanent resident: Yes □ No □ Employment History (give last five years beginning with current job or school information). DO NOT LEAVE ANY GAPS IN BETWEEN DATES Current Employer 1: Full Name of Employer: Street Number and Name: Apt. □ Ste. □ Flr. □ City or Town: State: Zip Code: Province: Postal Code: Country: Occupation: Employment Start Date (mm/dd/yyy): Employment End Date (mm/dd/yyy): PRESENT Employer 2: Full Name of Employer: Street Number and Name: Apt. □ Ste. □ Flr. □ City or Town: State: Zip Code: Province: Postal Code: Country: Occupation: Employment Start Date (mm/dd/yyy): Employment End Date (mm/dd/yyy): Biographic Information: Ethnicity (select only one) Hispanic or Latino Not Hispanic or Latino Race (select all that apply) White Asian Black or African American American Indian or Alaska Native Native Hawaiian or Other Pacific Islander Height: Feet Inches Weight: lbs. Eye Color (select one) Black Blue Brown Gray Green Hazel Maroon Unknown/Other Hair Color (select one) Bald Black Brown Blond Gray Red Sandy White Unknown/Other BENEFICIARY Has anyone else ever filed a petition for you? Yes □ No □ Unknown □ Note: Select “Unknown” only if you do not know if anyone else has ever filed a petition for you. Alien Registration Number (A-Number if any): Note: If you ever used other A-Numbers please provide below: Social Security #: USCIS Online Account Number (if any): Phone Numbers: cell: home: Email: Full Legal Name: Last Name: First Name: Middle Name: Other Names Used (aliases, maiden name, and nicknames): Last/Maiden Name: First Name: Middle Name: City/Town/Village of Birth: Province or State of Birth: Country of Birth: Other Nationalities (list countries): Date of Birth (mm/dd/yyyy): Sex: Male □ Female □ U.S. Mailing Address: In care of Name: Street Number and Name: Apt. □ Ste. □ Flr. □ City or Town: State: Zip Code: Recent Immigration History: Passport Number Used at Last Arrival: Travel Document Number Used at Last Arrival: Expiration date of Passport or Travel Document (mm/dd/yyyy): Country that Issued this Passport or Travel Document: Nonimmigrant Visa Number from this Passport: Place of Last Arrival into the United States: City or Town: State: Date of Last Arrival (mm/dd/yyyy): When I last arrived in the United States I: □ Was inspected at a port-of-entry and admitted as (exchange visitor, visitor, waived through; temporary worker, student): □ Was inspected at a port of entry and paroled as (humanitarian parole, Cuban parole, etc.): □ Came into the United States without admission or parole □ Other: If you were issued a Form I-94 Arrival-Departure Record Number: I-94 Arrival-Departure Number: Expiration Date (mm/dd/yyyy): Status on Form I-94: What is your current immigration status if it changed since your arrival? Provide your name exactly as it appears on your I-94 (if any): Last Name: First Name: Middle Name: Have you ever applied for an immigrant visa to obtain permanent resident status at a U.S. Embassy or U.S. Consulate abroad? Yes □ No □ Location of U.S. Embassy or U.S. Consulate: City: County: Decision (approved, refused, denied, withdrawn): Date of Decision (mm/dd/yyyy): Address History, last five years, whether inside or outside the United States. DO NOT LEAVE ANY GAPS IN BETWEEN DATES Physical Address 1 (Current Address): Street Number and Name: Apt. □ Ste. □ Flr. □ City or Town: State: Zip Code: Province: Postal Code: Country: Date From (mm/dd/yyyy): Date To (mm/dd/yyyy): PRESENT Physical Address 2: Street Number and Name: Apt. □ Ste. □ Flr. □ City or Town: State: Zip Code: Province: Postal Code: Country: Date From (mm/dd/yyy): Date To (mm/dd/yyy): Physical Address 3: Street Number and Name: Apt. □ Ste. □ Flr. □ City or Town: State: Zip Code: Province: Postal Code: Country: Date From (mm/dd/yyyy): Date To (mm/dd/yyy): Last Physical Address Outside the United States (for More Than One Year): Street Number and Name: Apt. □ Ste. □ Flr. □ City or Town: State: Zip Code: Province: Postal Code: Country: Date From (mm/dd/yyyy): Date To (mm/dd/yyyy): Employment History or school, last five years, whether inside or outside the United States. DO NOT LEAVE ANY GAPS IN BETWEEN DATES Employer 1: Full Name of Employer: Street Number and Name: Apt. □ Ste. □ Flr. □ City or Town: State: Zip Code: Province: Postal Code: Country: Occupation: Employment Start Date (mm/dd/yyy): Employment End Date (mm/dd/yyy): Employer 2: Full Name of Employer: Street Number and Name: Apt. □ Ste. □ Flr. □ City or Town: State: Zip Code: Province: Postal Code: Country: Occupation: Employment Start Date (mm/dd/yyy): Employment End Date (mm/dd/yyy): Employer 3: Full Name of Employer: Street Number and Name: Apt. □ Ste. □ Flr. □ City or Town: State: Zip Code: Province: Postal Code: Country: Occupation: Employment Start Date (mm/dd/yyyy): Employment End Date (mm/dd/yyyy): Employment Outside the United States (if Not Shown Above): Full Name of Employer: Street Number and Name: Apt. □ Ste. □ Flr. □ City or Town: State: Zip Code: Province: Postal Code: Country: Occupation: Employment Start Date (mm/dd/yyyy): Employment End Date (mm/dd/yyyy): Information About Parents (Include Maiden Name): Parent 1 Information: Last Name: Maiden Name: First Name: Middle Name: Date of Birth (mm/dd/yyyy): Gender: Male □ Female □ City or Town of Birth: Country of Birth: ______ Current City/Town of Residence: Country of Residence: If deceased provide date: Parent 2 Information: Last Name: Maiden Name: First Name: Middle Name: Date of Birth (mm/dd/yyyy): Gender: Male □ Female □ City or Town of Birth: Country of Birth: Current City/Town of Residence: Country of Residence: If deceased provide date: Current Marital Status: Single □ Married □ Widowed □ Divorced □ If you are married, is your spouse a current member of the U.S. armed forces or U.S. Coast Guard? Yes □ No □ How many times have you been married? Spouse 1 (Current) Last Name: First Name: Middle Name: A-Number (if any): Date of Birth (mm/dd/yyyy): Date Marriage (mm/dd/yyyy): City or Town of Birth: State or Province of Birth: Country of Birth: Place of Marriage (City, State and Country): Is your current spouse applying with you? Yes □ No □ Spouse 2 (Prior) Last Name: First Name: Middle Name: Date of Birth (mm/dd/yyyy): Date of Marriage (mm/dd/yyyy): Place of Marriage (City, State, Country): Date Marriage Ended (mm/dd/yyyy): Place Where Marriage Legally Ended (city, state, country): 29. Total number of ALL children, including adults and stepchildren: Provide the following information for each child including biological or legally adopted children, as well as current stepchildren of any age, whether born in the United States or other countries, married or un-married, living with you or elsewhere and includes any missing children and those born to you outside of marriage. Child 1 Last Name: First Name: Middle Name: A-Number (if any): Date of Birth (mm/dd/yyyy): Country of Birth: Is this child applying with you? Yes □ No □ Child 2 Last Name: First Name: Middle Name: A-Number (if any): Date of Birth (mm/dd/yyyy): Country of Birth: Is this child applying with you? Yes □ No □ 30. Biographical Information Ethnicity (select only one) Hispanic or Latino Not Hispanic or Latino Race (select all that apply) White Asian Black or African American American Indian or Alaska Native Native Hawaiian or Other Pacific Islander Height: Feet Inches Weight: lbs. Eye Color (select one) Black Blue Brown Gray Green Hazel Maroon Unknown/Other Hair Color (select one) Bald Black Brown Blond Gray Red Sandy White Unknown/Other 31. Have you ever been a member of, involved in, or in any way associated with any organization, association, fun, foundation, party, club, society, church, professional or not or similar group in the United States or in any other location in the world including any military service? Yes □ No □ If you answered “Yes” please provide the following information. Organization 1 Name of Organization: City or Town: State or Province: Country: Nature of Group: Date From: To: Organization 2 Name of Organization: City or Town: State or Province: Country: Nature of Group: Date From: To: General Eligibility and Inadmissibility Grounds: If you answer “Yes” to any question, provide an explanation of the events and circumstances, including dates, place(s) of occurrence, and outcome. 32. Have you ever been denied admission to the United States? Yes □ No □ 33. Have you ever been denied a visa to the United States? Yes □ No □ 34. Have you ever worked in the United States without authorization? Yes □ No □ 35. Have you ever violated the terms or conditions of your nonimmigrant status? Yes □ No □ 36. Are you presently or have you ever been in removal, exclusion, rescission, or deportation proceedings? Yes □ No □ 37. Have you ever been issued a final order of exclusion, deportation, or removal? Yes □ No □ 38. Have you ever had a prior final order of exclusion, deportation, or removal reinstated? Yes □ No □ 39. Have you ever held lawful permanent resident status which was later rescinded? Yes □ No □ 40. Have you ever been granted voluntary departure by an immigration officer or an immigration judge but failed to depart within the allotted time? Yes □ No □ 41. Have you ever applied for any kind of relief or protection from removal, exclusion, or deportation? Yes □ No □ 42. Have you ever been a J nonimmigrant exchange visitor who was subject to the two-year foreign residence requirement? Yes □ No □ If you answered “Yes” complete items a. and b. If you answered “No” skip to 43. Have you complied with the foreign residence requirement? Yes □ No □ Have you been granted a waiver or has Department of State issued a favorable waiver recommendation letter for you? Yes □ No □ Criminal Information: All questions must be answered even though records were sealed, cleared, or if anyone, including a judge, law enforcement officer, or attorney, told you that you no longer have a record. You must answer “Yes” to the following questions whether the action or offense occurred here in the United States or anywhere else in the world. If you were ever arrested or convicted of any of the specified crimes, you must submit certified copies of all court and police records showing the charges and disposition for every arrest or conviction. 43. Have you ever been arrested, cited, charged, or detained for any reason by any law enforcement official (including but not limited to any U.S. immigration official or any official of the U.S. armed forces or U.S. Coast Guard)? Yes □ No □ 44. Have you ever committed a crime of any kind even if you were not arrested, cited, charged with, or tried for that crime)? Yes □ No □ 45. Have you ever plead guilty to or been convicted of a crime or offense (even if the violation was subsequently expunged or sealed by a court, or if you were granted a pardon, amnesty, a rehabilitation decree, or other act of clemency)? Yes □ No □ 46. Have you ever been ordered punished by a judge or had condition imposed on you that restrained your liberty (such as a prison sentence, suspended sentence, house arrest, parole, alternative sentencing, drug or alcohol treatment, rehabilitative programs or classes, probation, or community service)? Yes □ No □ 47. Have you ever been a defendant or the accused in a criminal proceeding (including pre-trail diversion, deferred prosecution, deferred adjudication, or any withheld adjudication)? Yes □ No □ 48. Have you ever violated (or attempted or conspired to violate) any controlled substance law or regulation of a state, the United States, or a foreign country? Yes □ No □ 49. Have you ever been convicted of two or more offenses (other than purely political offenses) for which the combined sentences to confinement were five years or more? Yes □ No □ 50. Have you ever illicitly (illegally) trafficked or benefited from the trafficking of any controlled substances, such as chemicals, illegal drugs, or narcotics? Yes □ No □ 51. Are you the spouse, son, or daughter of a foreign national who illicitly trafficked or aided (or otherwise abetted, assisted, conspired, or colluded) in the illicit trafficking of a controlled substance, such as chemicals, illegal drugs, or narcotics and you obtained, within the last five years, any financial or other benefit from the illegal activity of your spouse or parent, although you knew or reasonably should have known that the financial or other benefit resulted from the illicit activity of your spouse or parent? Yes □ No □ 52. Have you ever engaged in prostitution or are you coming to the United States to engage in prostitution? Yes □ No □ 53. Have you ever trafficked a person into involuntary servitude, peonage, debt bondage, or slavery? Trafficking includes recruiting, harboring, transporting, providing, or obtaining a person for labor or services through the use of force, fraud or coercion. Yes □ No □ 54. Are you the spouse, son or daughter of a foreign national who engaged in the trafficking of persons and have received or obtained, within the last five years, any financial or other benefits from the illicit activity of your spouse or your parent, although you know or reasonably should have known that this benefit resulted from the illicit activity of your spouse or parent? Yes □ No □ Security and Related: 55. Do you intend to: Engage in any activity that violates or evades any law relating to espionage (including spying) or sabotage in the United States? Yes □ No □ Engage in any activity whose purpose includes opposing, controlling, or overthrowing the U.S. Government by force, violence, or other unlawful means while in the United States? Yes □ No □ Engage in any activity that could endanger the welfare, safety, or security of the United States? Yes □ No □ Engage in any other unlawful activity? Yes □ No □ 56. Are you engaged in or, upon your entry into the United States, do you intend to engage in any activity that could have potentially serious adverse foreign policy consequences for the United States? Yes □ No □ 57. Have you EVER: Committed, threatened to commit, attempted to commit, conspired to commit, incited, endorsed, advocated, planned, or prepared any of the following: hijacking, sabotage, kidnapping, political assassination, or use of a weapon or explosive to harm another individual or cause substantial damage to property? Yes □ No □ Participated in, or been a member of, a group or organization that did any of the activities described above? Yes □ No □ Recruited members or asked for money or things of value for a group or organization that did any of the activities described in Item a? Yes □ No □ Provided money, a thing of value, services or labor, or any other assistance or support for an individual, group, or organization who did any of the activities described in Item a? Yes □ No □ 58. Have you ever received any type of military, paramilitary, or weapons training? Yes □ No □ 59. Do you intend to engage in any of the activities listed in any part of questions 54 to 57? Yes □ No □ Note: If you answered “Yes” to any questions 54 to 57 explain what you did, including the dates and location of the circumstances or what you intend to do. 60. Are you the spouse or child of an individual who EVER: Committed, threatened to commit, attempted to commit, conspired to commit, incited, endorsed, advocated, planned or prepared any of the following: hijacking, sabotage, kidnapping, political assassination, or use of a weapon or explosive to harm another individual or cause substantial damage to property? Yes □ No □ Participated in, or been a member or a representative of a group or organization that did any of the activities described in Item a? Yes □ No □ Recruited members or asked for money or things of value, for a group or organization that did any of the activities described in Item a? Yes □ No □ Provided money, a thing of value, services or labor, or any other assistance or support to an individual, group or organization who did any of the activities described in Item a? Yes □ No □ Received any type of military, paramilitary or weapons training from a group or organization that did any of the activities described in Item a? Yes □ No □ Note: If you answered “Yes” to any part of Item Number 59, explain the relationship and what occurred, including the dates and location of the circumstances. 61. Have you ever assisted or participated in selling, providing or transporting weapons to any person who, to your knowledge, used them against another person? Yes □ No □ 62. Have you ever worked, volunteered, or otherwise served in any prison, jail, prison camp, detention facility, labor camp or any other situation that involved detaining persons? Yes □ No □ 63. Have you ever been a member of, assisted or participated in any group, unit, or organization of any kind in which you or other persons used any type of weapon against any person or threatened to do so? Yes □ No □ 64. Have you ever served in, been a member of, assisted, or participated in any military unit, paramilitary unite, police unit, self-defense unit, vigilante unit, rebel group, guerilla group, militia, insurgent organization or any other armed group? Yes □ No □ 65. Have you ever been a member of or in any way affiliated with, the Communist Party or any other totalitarian party (in the United States or abroad)? Yes □ No □ 66. Have you EVER ordered, incited, called for, committed, assisted, helped with or otherwise participated in any of the following: Acts involving torture or genocide? Yes □ No □ Killing any person? Yes □ No □ Intentionally and severely injuring any person? Yes □ No □ Engaging in any kind of sexual contact or relations with any person who did not consent or was unable to consent, or was being forced or threatened? Yes □ No □ Limiting or denying any person’s ability to exercise religious beliefs? Yes □ No □ Have you ever recruited, enlisted, conscripted or used any person under 15 years of age to serve in or help an armed force or group? Yes □ No □ Note: If you answered “Yes” to any part of Item Number 65, explain what occurred, including the dates and location of the circumstances. Public Assistance (Please see Means-Tested Public Benefits below on last page as reference) 67. Have you received public assistance in the United States from any source, including the U.S. Government or any state, county, city, or municipality (other than emergency medical treatment)? Yes □ No □ 68. Are you likely to receive public assistance in the future in the United States from any source, including the U.S. Government or any state, county, city or municipality (other than emergency medical treatment)? Yes □ No □ Illegal Entries and Other Immigration Violations 69. Have you ever failed or refused to attend or to remain in attendance at any removal proceeding filed against you on or after April 1, 1997? Yes □ No □ If you answered “Yes”, do you believe you had reasonable cause? Yes □ No □ If you answered “Yes”, attach a written statement explaining why you had reasonable cause. 70. Have you ever submitted fraudulent or counterfeit documentation to any U.S. Government official to obtain or attempt to obtain any immigration benefit, including a visa or entry into the United States? Yes □ No □ 71. Have you ever lied about, concealed, or misrepresented any information on an application or petition to obtain a visa, other documentation required for entry into the United States, admission to the United States, or any other kind of immigration benefit? Yes □ No □ 72. Have you every falsely claimed to be a U.S. citizen (in writing or any other way)? Yes □ No □ 73. Have you ever been a stowaway on a vessel or aircraft arriving in the United States? Yes □ No □ 74. Have you ever knowingly encouraged, induced, assisted, abetted or aided any foreign national to enter or to try to enter the United States illegally (alien smuggling)? Yes □ No □ 75. Are you under a final order of civil penalty for violating INA Section 274C for use of fraudulent documents? Yes □ No □ Removal, Unlawful Presence, or Illegal Reentry after Previous Immigration Violations 76. Have you ever been excluded, deported or removed from the United States or have you ever departed the United States on your own after having been ordered excluded, deported or removed from the United States? Yes □ No □ 77. Have you ever entered the United States without being inspected and admitted or paroled? Yes □ No □ 78. Since April 1, 1997, have you been unlawfully present in the United States: For more than 180 days but less than a year and then departed the United States? Yes □ No □ For one year or more and then departed the United States? Yes □ No □ Note: You were unlawfully present in the United States if you entered without being inspected and admitted or inspected and paroled, or if you legally entered but you stayed longer than permitted. 79. Since April 1, 1997, have you ever reentered or attempted to reenter the United States without being inspected and admitted or paroled after: Having been unlawfully present in the United States for more than one year in the aggregate? Yes □ No □ Having been deported, excluded, or removed from the United States? Yes □ No □ Miscellaneous Conduct 80. Do you plan to practice polygamy in the United States? Yes □ No □ 81. Are you accompanying another foreign national who requires your protection or guardianship but who is inadmissible after being certified by a medical officer as being helpless from sickness, physical or mental disability, or infancy, as described in INA §232(c)? Yes □ No □ 82. Have you ever assisted in detaining, retaining or withholding custody of a U.S. citizen child outside the United States from a U.S. citizen who has been granted custody of the child? Yes □ No □ 83. Have you ever voted in violation of any federal, state, or local constitutional provision, statute, ordinance or regulation in the United States? Yes □ No □ 84. Have you ever renounced U.S. citizenship to avoid being taxed by the United States? Yes □ No □ 85. Have you EVER: Applied for exemption or discharge from training or service in the U.S. armed forces or in the U.S. National Security Training Corps because you are a foreign national? Yes □ No □ Been relieved or discharged from such training or service because you are a foreign national? Yes □ No □ Been convicted of desertion from the U.S. armed forces? Yes □ No □ 86. Have you ever left or remained outside the United States to avoid or evade training or service in the U.S. armed forces in time of war or a period declared by the President to be a national emergency? Yes □ No □ If you answered “Yes” to question 84, what was your nationality or immigration status immediately before you left (for example, U.S. citizen or national, lawful permanent resident, nonimmigrant, parolee, present without admission or parole or any other status)? PLEASE ANSWER EVERY SINGLE QUESTION AND DO NOT LEAVE ANYTHING BLANK UNLESS IT DOES NOT APPLY TO YOU BY WRITING N/A. PLEASE USE THE SPACE BELOW FOR ADDITIONAL INFORMATION AND INCLUDE PAGE, QUESTION # YOU ARE REFERRING TO. IS THE ABOVE INFORMATION TRUE, COMPLETE AND CORRECT TO THE BEST OF YOUR KNOWLEDGE, INFORMATION AND BELIEF AS EVIDENCED BY YOUR SIGNATURE BELOW? Yes □ No □ CLIENT SIGNATURE: ________________________________ Date: __________________________ Notes: Means-Tested Public Benefits Federal Means-Tested Public Benefits: To date, federal agencies administering benefit programs have determined that federal means-tested public benefits include food stamps, Medicaid, Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), and the State Child Health Insurance Program (SCHIP). State Means-Tested Public Benefits: Each state will determine which, if any, of its public benefits are means-tested. If a state determines that it has programs which meet this definition, it is encouraged to provide notice to the public on which programs are included. Check with the state public assistance office to determine which, if any, state assistance programs have been determined to be state means-tested public benefits Programs Not Included: The following federal and state programs are not included as means-tested benefits: Emergency Medicaid; Short-term, non-cash emergency relief; Services provided under the National School Lunch and Child Nutrition Acts; Immunizations and testing and treatment for communicable diseases; Student assistance under the Higher Education Act and the Public Health Service Act; Certain forms of foster-care or adoption assistance under the Social Security Act; Head Start programs; Means-tested programs under the Elementary and Secondary Education Act; and Job Training Partnership Act programs. Sample Intake Questionnaire for Affidavit of Support, I-864 or I-864A, Affidavit of Support for Petitioner/Sponsor, Co-Sponsor, or Joint Sponsor Petitioner/Sponsor/Co-Sponsor/Beneficiary Last Name: ___________________________ First Name: __________________________ Middle Name: _________________________ Date of Birth: _________________________ Place of Birth: ________________________ (City, State & Country) Citizenship or Residency: I am: U.S. Citizen __ U.S. National__ Permanent Resident__ A-Number: Social Security Number: Mailing Address: Home Address: Phone Number (cell, home, other): Email Address: Are you currently on active duty in the U.S. armed Forces or U.S. Coast Guard? Yes No Current Household Size: Have you petitioned or sponsored anyone before: Yes____ No____? If yes: Name: ________________________________________________________________ Relation to You: ______________________________________________________________ Date of Petition: ____________________ Immigrant status of that individual: Legal Permanent Resident: ____ Naturalized American Citizen: ______ Other: ______ Petition was withdrawn: Date: _________________ Why (give brief explanation)? ____________________________________________________________________ ____________________________________________________________________ Current Employment: Name of Employer #1: Employed as: Name of Employer #2: Employed as: Self-Employed as a/an (occupation): Retired Since (mm/dd/yyyy): Unemployed Since (mm/dd/yyyy): Current Individual Annual Income is: $ Assets (optional): Savings account in the United States: $_______________________ Personal property, value: $_________________________________ Stocks and Bonds: $_______________________________________ Life Insurance: (amount) $_________________________________ Cash surrender value of life Insurance: $_____________________ Real Estate value: $_______________________________________ Current real estate mortgage: $_________ Located at (address): Note: Please provide proof of any assets added above Did you file taxes for the past 3 years? Yes____ No____ If not, please explain why: PLEASE PROVIDE THE FOLLOWING DOCUMENTATION: Proof of U.S. citizenship or Legal Permanent Resident status: Copy of birth certificate if born in the United States; Copy of Naturalization Certificate; Copy of biographic page of U.S. Passport; Copy of Permanent Resident Card (Green Card); If you are the Beneficiary, provide proof of legal work authorization in the United States: Work Authorization Card (EAD); IRS Tax Return Transcript for past 3 years, request online at http://www.irs.gov/Individuals/Get-Transcript; W-2 for most recent tax year; Letter of employment should be on business letterhead and must include annual pay (salary or hourly), total hours worked, occupation and hire date; Proof of domicile in the United States (valid driver’s license or ID); If letter of employment is not available, provide 12 months’ worth of pay stubs; If you are self-employed, provide a letter from your CPA stating your annual income and what your position is along with a copy of the business license; If you are a co-sponsor, provide all of the above and a written statement explaining how you are related to the beneficiary and why you’ve agreed to be a co-sponsor. THE ABOVE INFORMATION IS TRUE, COMPLETE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF AS EVIDENCED BY MY SIGNATURE (BELOW) SIGNATURE: ____________________________________ DATE: __________________________________________ PLEASE COMPLETE THIS FORM & RETURN TO OUR OFFICE [Firm Name] [Firm Contact Information] Means-Tested Public Benefits Federal Means-Tested Public Benefits: To date, federal agencies administering benefit programs have determined that federal means-tested public benefits include food stamps, Medicaid, Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), and the State Child Health Insurance Program (SCHIP). State Means-Tested Public Benefits: Each state will determine which, if any, of its public benefits are means-tested. If a state determines that it has programs which meet this definition, it is encouraged to provide notice to the public on which programs are included. Check with the state public assistance office to determine which, if any, state assistance programs have been determined to be state means-tested public benefits. Programs Not Included: The following federal and state programs are not included as means-tested benefits: Emergency Medicaid; Short-term, non-cash emergency relief; Services provided under the National School Lunch and Child Nutrition Acts; Immunizations and testing and treatment for communicable diseases; Student assistance under the Higher Education Act and the Public Health Service Act; Certain forms of foster-care or adoption assistance under the Social Security Act; Head Start programs; Means-tested programs under the Elementary and Secondary Education Act; and Job Training Partnership Act programs. Poverty Guidelines for 2022 For the 48 Contiguous States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, and the Commonwealth of the Northern Mariana Islands: Sponsor's Household Size 100% of HHS Poverty Guidelines* 125% of HHS Poverty Guidelines* For sponsors on active duty in the U.S. armed forces who are petitioning for their spouse or child For all other sponsors 2 $18,310 $22,887 3 $23,030 $28,787 4 $27,750 $34,687 5 $32,470 $40,587 6 $37,190 $46,487 7 $41,910 $52,387 8 $46,630 $58,287 Add $4,720 for each additional person Add $5,900 for each additional person If you reside in Hawaii or Alaska, refer to the Poverty Guidelines listings for those status on the current Form I-864P listing: https://www.uscis.gov/i-864p. Sample Disclaimer Letter for Co-Sponsor Submitting Form I-864 Affidavit of Support NOTE: Prior to relying on this sample disclaimer, please check the ethics guidelines for the applicable state bar, as this sample disclaimer may not be compliant with the professional ethics guidelines for every state. To Whom it May Concern: You are receiving this letter because you have agreed to co-sponsor one of our clients through a Form I-864 Affidavit of Support under §213 of the Immigration and Nationality Act (INA). This letter is provided for informational purposes only and is in no way intended to constitute legal advice or the opinions of NAME OF FIRM or any of its attorneys. By agreeing to sponsor one of our clients through Form I-864, you are not establishing an attorney-client relationship with NAME OF FIRM. Form I-864 is a legally enforceable contract. Under this contract, you agree that the U.S. Government may consider your income and assets to be available for the support of the intending immigrant. This contract is legally enforceable against the sponsor by the sponsored alien, the federal government, the state government, or any other entity that provides means-tested public benefits. Form I-864 becomes an enforceable contract when the intending immigrant named in the Form I-864 becomes a permanent resident. Your obligations under Form I-864 require you to provide the intending immigrant any support necessary to maintain them at an income that is at least 125 percent of the Federal Poverty Guidelines for their household size (100 percent if you are the petitioning sponsor and are on active duty in the U.S. Armed Forces and the person is your husband, wife, or unmarried child under 21 years old). Additionally, you are required to notify USCIS of any change in your address, within 30 days of the change, by filing Form I-865. If a federal, state, or local agency, or a private agency provides any covered mean-tested public benefit to the person who becomes a permanent resident based on the Form I-864 that you signed, the agency may ask you to reimburse them for the amount of benefits they provided. If you do not make the reimbursement, the agency may sue you for the amount that the agency believes you owe. The federal means-tested public benefits include, but are not limited to, Food Stamps, Medicaid, Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), and the State Child Health Insurance Program (SCHIP). Each State will determine which of its public benefits are means-tested, so please check with the state public assistance office to determine which state-assistance programs have been determined to be means-tested public benefits. Your obligations as a sponsor under Form I-864 will end when the person that you sponsored: Becomes a U.S. citizen; Has worked, or can be credited with, 40 quarters of coverage under the Social Security Act (generally 10 years); No longer has lawful permanent resident status and has departed the United States; Becomes subject to removal but applies for and obtains in removal proceedings a new grant of adjustment of status, based on a new affidavit of support; or Dies. The law concerning affidavits of support is found in INA §§212(a)(4) and 213A. The provisions are codified in Title 8 of the Code of Federal Regulations (CFR) at 8 CFR §213a. Again, the information contained in this letter is provided for informational purposes only and is in no way intended to constitute legal advice or the opinions of NAME OF FIRM or any of its attorneys. By agreeing to sponsor someone in a Form I-864 Affidavit of Support, you are not creating an attorney-client relationship with NAME OF FIRM. As a matter of policy, NAME OF FIRM does not accept a new client without first investigating for possible conflicts of interests and obtaining a signed engagement letter. If you have any other legal concerns, we encourage you to seek advice from outside counsel. By agreeing to sponsor the intending immigrant, you are not entitled to confidential information relating to our client. I understand that by cosigning the Form I-864, I am not a client of NAME OF FIRM, and I have not created an attorney-client relationship with NAME OF FIRM. __________________________________ _______________ Name Date Sample Document Checklist for Client for Marriage-Based, Concurrently Filed I-130 and I-485 Dear Client: Please provide the following documents. For all documents except for the passport-style photographs, you should provide us with copies of the document. However, you will need to gather the original of each document for your interview. Two passport-style photos of the U.S. Citizen or Permanent Resident Petitioner/Sponsor; Six passport-style photos of the Foreign National Beneficiary/Applicant; Proof that you married each other in good faith, for reasons other than for immigration, and that you are living as spouses—see the Checklist of Suggested Evidence of the Bona Fides of a Marriage, which provides a list of documents for you to gather to show the bona fides of your marriage; Your Marriage Certificate;* Proof of termination of all prior marriages if one or both of you has ever been married, such as: Divorce Decree;* Order of Annulment;* or Death Certificate;* Proof that the Petitioner/Sponsor is a U.S. citizen or Legal Permanent Resident, such as: Your Birth Certificate if you were born in the United States; Your Certificate of Naturalization or Certificate of Citizenship if you became a U.S. citizen through naturalization or through a parent’s naturalization; Your Form FS-240 Consular Report of Birth Abroad (CRBA) if you are a U.S. citizen by birth abroad to a U.S. citizen parent; Biometrics page from your unexpired U.S. passport if you are a U.S. Citizen and not able to provide any of the document listed above; A copy of the front and back of your Permanent Resident Card (Green Card or Form I-551), if you are a Lawful Permanent Resident; or A copy of valid I-551 stamp in passport if you are a Lawful Permanent Resident; Copy of any legal name-change documents, if either of you has legally changed your name at any point, such as Marriage Certificate,* Divorce Decree,* Court Order of Name Change,* etc.; Birth Certificates* for the Petitioner/Sponsor and the Foreign National Beneficiary. This must be the “long-form” birth certificate that lists parents’ names. If your birth was never registered, please obtain a Letter of Unavailability from the appropriate government office (see below regarding the DOS Visa Reciprocity Table). In such case, please provide us with any available secondary documents listing information about your name, date and place of birth, and parents’ names, such as church records, school records, or medical records. Please note that even with the secondary evidence, we will still need you to obtain a Letter of Unavailability from the appropriate government office; Identification Document for each of you, such as passport, driver’s license, or other government issued photo ID; Proof of that the Foreign National Beneficiary was inspected and admitted or paroled upon their most recent entry into the United States (if applicable). Please provide all available documents listed here: Passport; Entry Stamp in passport; Visa in passport; I-94 Entry/Exit Document issued to them by CBP upon entry into the United States Advance Parole Travel Document (if applicable); Border Crossing Card (also known as “Laser Visa”) (if applicable); Other evidence that they were inspected and admitted or paroled when they last entered the United States (if applicable); Proof that the Foreign National Beneficiary has continued to maintain their valid status in the United States (if applicable. Provide all that apply): Copy of all I-797 Approval Notice(s)/Receipt Notices for Change or Extension of Nonimmigrant Status; Copy of all I-20s (If you were in F-1/F-2 nonimmigrant status; Copy of all DS-2019s (if you were in J-1/J-2); Copy of all Employment Authorization Documents (EAD); Any other documentation issued to you by USCIS or INS; If you have EVER been charged with a crime (even if the charge was dismissed, expunged, or you were told by an attorney or judge that the charge was as if it never existed, etc.), please provide the following for each charge/incident: Copy of Certified Court Dispositions for any charges, arrests, or convictions; Copy of Police Report of any criminal charges, arrests, citations; If you have ever been denied a visa, entry into the United States, or any other immigration benefit, or if you have ever been put in Immigration Proceedings (Immigration Court), please provide us with any and all documents that you have relating to that incident. If you were previously represented by an attorney relating to that incident, please request a copy of your file from that attorney; Copy of your Approval Notice for I-612 if you were ever in J-1 or J-2 nonimmigrant status and subject to the INA §212(e) home residence requirement and had obtained a waiver of that requirement; Medical Examination and Immunizations Records (Form I-693): [Discuss with your attorney before obtaining this document. Your attorney may wish to have you wait to obtain this later to provide at the time of the USCIS interview] The Immigration Medical Examination must be done by a Physician certified as an approved Civil Surgeon by USCIS. You can go to the USCIS website below to find a listing of certified physicians. You should bring a copy of your updated immunization records from your personal physician with you to your examination appointment—see https://my.uscis.gov/findadoctor; If we have told you that we will be applying for your Adjustment of Status under the INA §245(i) “amnesty,” please provide the following: Copy of the Receipt Notice, Approval Notice, Certified Labor Certification, and/or Letter from the Department of Labor that received the Labor Certification as proof that you, your parent, or your spouse was the beneficiary of a grandfathering Labor Certification or Immigrant Petition that was filed by or before 4/20/2001; Proof that the Primary Beneficiary was physically in the United States on 12/21/2000 (if the grandfathering Labor Certificate or Petition was filed after 1/14/1998); The U.S. Citizen or Permanent Resident Petitioner/Sponsor must provide the following: IRS Tax Return Transcript or copy of Federal Income Tax Return for the most recent three tax years. If providing copies of the Federal Income Tax Return, or if providing a Tax Return Transcript where you filed jointly with your spouse, include a copy of every Form W-2 and Form 1099 that relates to each tax return. You can request your most recent three years of IRS Tax Return Transcripts online at https://www.irs.gov/individuals/get-transcript; Letter of employment from the Petitioner/Sponsor’s employer. The letter should be on business letterhead and must include your annual pay or hourly salary and number of hours worked per week, your job title, and the date you were hired; If you are not able to obtain an employment letter from your employer, please provide your most recent 12 months’ worth of pay stubs; If you are self-employed, provide a letter from your CPA stating your annual income from your company and your position and what your ownership is of the company. We will also need you to provide a copy of the business license and/or any other documentation showing your ownership of the company; If we will be using assets to meet the required level of income and assets, provide proof of ownership of each asset you wish to have considered, as well as proof of the value of each asset listed, and documentation of any liens or mortgages on each asset. If you wish to include one or more vehicles, you must provide proof of ownership of at least one additional vehicle beyond the vehicle(s) that we will be listing as assets in the Affidavit of Support. All documents that are in a language other than English must be translated, and both the document in the original language and the English translation must be provided. *For Birth Certificates, Death Certificates, Marriage Certificates, Divorce Decrees, Orders of Annulment, Court Orders, Police Records, and similar documentation from countries other than the United States, please review the listing for required Civil Documents for the appropriate country in the DOS Visa Reciprocity Table. If the documents you provide are not the versions described in the Visa Reciprocity Table, it could result in USCIS or the DOS issuing a Request for Additional Evidence and a delay in the processing of your case. You can view the DOS Visa Reciprocity Table by going to https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html and clicking on the name of the appropriate country. Sample Document Checklist for Client for Marriage-Based, Standalone I-130 Dear Client: Please provide the following documents. For all documents except for the passport-style photographs, you should provide us with copies of the document. However, you will need to gather the original of each document for your interview. Two passport-style photos of the U.S. Citizen or Permanent Resident Petitioner/Sponsor; Two passport-style photos of the Foreign National Beneficiary/Applicant; Proof that you married each other in good faith, for reasons other than for immigration, and that you are living as spouses – see the Checklist of Suggested Evidence of the Bona Fides of a Marriage, which provides a list of documents for you to gather to show the bona fides of your marriage; Your Marriage Certificate;* Proof of termination of all prior marriages if one or both of you has ever been married, such as: Divorce Decree;* Order of Annulment;* or Death Certificate;* Proof that the Petitioner/Sponsor is a U.S. citizen or Legal Permanent Resident, such as: Your Birth Certificate if you were born in the United States; Your Certificate of Naturalization or Certificate of Citizenship if you became a U.S. citizen through naturalization or through a parent’s naturalization; Your Form FS-240 Consular Report of Birth Abroad (CRBA) if you are a U.S. citizen by birth abroad to a U.S. citizen parent; Biometrics page from your unexpired U.S. passport if you are a U.S. Citizen and not able to provide any of the document listed above; A copy (front and back) of your Permanent Resident Card (Green Card or Form I-551) if you are a Lawful Permanent Resident; or A copy of valid I-551 stamp in passport if you are a Lawful Permanent Resident; Copy of any legal name-change documents, if either of you has legally changed your name at any point, such as Marriage Certificate,* Divorce Decree,* Court Order of Name Change,* etc.; Birth Certificates* for both the Petitioner/Sponsor and the Foreign National Beneficiary. This must be the “long-form” birth certificate that lists parents’ names. If your birth was never registered, please obtain a Letter of Unavailability from the appropriate government office (see below regarding the DOS Visa Reciprocity Table). In such case, please provide us with any available secondary documents listing information about your name, date and place of birth, and parents’ names, such as church records, school records, or medical records. Please note that even with the secondary evidence, we will still need you to obtain a Letter of Unavailability from the appropriate government office; Identification Document for each of you, such as passport, driver’s license, or other government issued photo ID; If you have EVER been charged with a crime (even if the charge was dismissed, expunged, or you were told by an attorney or judge that the charge was as if it never existed, etc.), please provide the following for each charge/incident: Copy of Certified Court Dispositions for any charges, arrests, or convictions; Copy of Police Report of any criminal charges, arrests, citations; If you have ever been denied a visa, entry into the United States, or any other immigration benefit, or if you have ever been put in Immigration Proceeding (Immigration Court), please provide us with any and all documents that you have relating to that incident. If you were previously represented by an attorney relating to that incident, please request a copy of your file from that attorney; Copy of your Approval Notice for I-612 if you were ever in J-1 or J-2 nonimmigrant status and subject to the INA §212(e) home residence requirement and obtained a waiver of that requirement. All documents that are in a language other than English must be translated, and both the document in the original language and the English translation must be provided. * For Birth Certificates, Death Certificates, Marriage Certificates, Divorce Decrees, Orders of Annulment, Court Orders, Police Records, and similar documentation from countries other than the United States, please review the listing for required Civil Documents for the appropriate country in the DOS Visa Reciprocity Table. If the documents you provide are not the versions described in the Visa Reciprocity Table, it could result in USCIS or the DOS issuing a Request for Additional Evidence and a delay in the processing of your case. You can view the DOS Visa Reciprocity Table by going to https://travel.state.gov/‌content/‌travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html and clicking on the name of the appropriate country. Sample Document Checklist for Client for Concurrently Filed I-130 and I-485 for Parent(s) of U.S. Citizen Dear Client: Please provide the following documents. For all documents except for the passport-style photographs, you should provide us with copies of the document. However, you will need to gather the original of each document for your interview. Six passport-style photos of the Foreign National Beneficiary/Applicant; Proof that the Petitioner/Sponsor is a U.S. citizen or Legal Permanent Resident, such as: Your Birth Certificate if you were born in the United States; Your Certificate of Naturalization or Certificate of Citizenship if you became a U.S. citizen through naturalization or through a parent’s naturalization; Your Form FS-240 Consular Report of Birth Abroad (CRBA) if you are a U.S. citizen by birth abroad to a U.S. citizen parent; Biometrics page from your unexpired U.S. passport if you are a U.S. Citizen and not able to provide any of the document listed above; A copy of the front and back of your Permanent Resident Card (Green Card or Form I-551) if you are a Lawful Permanent Resident; or A copy of valid I-551 stamp in passport if you are a Lawful Permanent Resident; Copy of any legal name-change documents, if either the Petitioner or Parent(s) has legally changed names at any point, such as Marriage Certificate,* Divorce Decree,* Court Order of Name Change,* etc.; Birth Certificates* for the Petitioner/Sponsor and the Foreign National Parent(s). This must be the “long-form” birth certificate that lists Parents’ names. If your birth was never registered, please obtain a Letter of Unavailability from the appropriate government office (see below regarding the DOS Visa Reciprocity Table). In such case, please provide us with any available secondary documents listing information about your name, date and place of birth, and Parents’ names, such as church records, school records, or medical records. Please note that even with the secondary evidence, we will still need you to obtain a Letter of Unavailability from the appropriate government office; Identification Document for each of you, such as passport, driver’s license, or other government issued photo ID;* Parent(s) Marriage Certificate,* if Petitioner’s Parents were ever married to each other; Proof of termination of all prior marriages if one or both Parent had ever been married before or if the Parents’ marriage has since terminated, such as: Divorce Decree;* Order of Annulment;* or Death Certificate;* If the U.S. Citizen Petitioner is applying for their Father, and the Petitioner was born out of wedlock and their Parents did not marry before the Petitioner’s 18th birthday, please discuss with the attorney what additional documentation is required to show that the Petitioner’s paternity was legitimated before their 18th birthday and/or that the Petitioner and their father had a bona fide Parent-Child relationship before the Petitioner’s 21st birthday; If the Parent-Child relationship was created through adoption, please provide a copy of the adoption decree(s) or order(s) issued by the courts or other recognized government entity and discuss with the attorney what additional documentation you require to show that the adoptive relationship meets all immigration requirements. For each Parent being sponsored, please provide copies of all of the following that apply: Copy of Passport(s) including: Biometrics page(s); All entry stamps in passport; All U.S. visas in passport; I-94 Entry/Exit Document issued to you by CBP upon entry into the United States; Advance Parole Travel Document; Border Crossing Card (also known as “Laser Visa”); Other evidence that they were inspected and admitted or paroled when they last entered the United States; All I-797 Approval Notice(s)/Receipt Notices for Change or Extension of Nonimmigrant Status; All I-20s (if they were in F-1/F-2 nonimmigrant status); All DS-2019s (if they were in J-1/J-2 status); All Employment Authorization Documents (EAD) issued to them; Any other documentation issued to them by USCIS or INS; If Parent(s) being sponsored has EVER been charged with a crime (even if the charge was dismissed, expunged, or they were told by an attorney or judge that the charge was as if it never existed, etc.), please provide the following for each charge/incident: Copy of Certified Court Dispositions for any charges, arrests, or convictions; Copy of Police Report of any criminal charges, arrests, citations; If Parent(s) being sponsored has ever been denied a visa, entry into the United States, or any other immigration benefit, or if they have ever been placed in Immigration Proceeding (Immigration Court), please provide us with any and all documents that they have relating to that incident. If they were previously represented by an attorney relating to that incident, they should request a copy of their file from that attorney; Copy of Approval Notice for I-612 if Parent(s) being sponsored was ever in J-1 or J-2 nonimmigrant status and subject to the INA §212(e) home residence requirement and had obtained a waiver of that requirement; Medical Examination and Immunizations Records (Form I-693) for each Parent being sponsored: [Discuss with your attorney before obtaining this document. Your attorney may wish to have you wait to obtain this later to provide at the time of the USCIS interview]. The Immigration Medical Examination must be done by a Physician certified as an approved Civil Surgeon by USCIS. You can go to the USCIS website below to find a listing of certified physicians. You should bring a copy of your updated immunization records from your personal physician with you to your examination appointment—see https://my.uscis.gov/findadoctor. If we have told you that we will be applying for your Adjustment of Status under the INA §245(i) “amnesty,” please provide the following: Copy of the Receipt Notice, Approval Notice, Certified Labor Certification, and/or Letter from the Department of Labor that received the Labor Certification as proof that you, your parent, or your spouse was the beneficiary of a grandfathering Labor Certification or Immigrant Petition that was filed by or before 4/20/2001; Proof that the Primary Beneficiary was physically in the United States on 12/21/2000 (if the grandfathering Labor Certificate or Petition was filed after 1/14/1998). The U.S. Citizen Petitioner/Sponsor must provide the following: IRS Tax Return Transcript or copy of Federal Income Tax Return for the most recent three tax years. If providing copies of the Federal Income Tax Return, or if providing a Tax Return Transcript where you filed jointly with your spouse, include a copy of every Form W-2 and Form 1099 that relates to each tax return. You can request your most recent three years of IRS Tax Return Transcripts online at https://www.irs.gov/individuals/get-transcript; Letter of employment from the Petitioner/Sponsor’s employer. The letter should be on business letterhead and must include your annual pay or hourly salary and number of hours worked per week, your job title, and the date you were hired; If you are not able to obtain an employment letter from your employer, please provide your most recent 12 months’ worth of pay stubs; If you are self-employed, provide a letter from your CPA stating your annual income from your company and what your position/ownership is of your company. We will also need you to provide a copy of the business license and/or any other documentation showing your ownership of the company; If you will be using assets to meet the required level of income and assets, provide proof of ownership of each asset you wish to have considered, as well as proof of the value of each asset listed, and documentation of any liens or mortgages on each asset. If you wish to include one or more vehicles, you must provide proof of ownership of at least one additional vehicle beyond the vehicle(s) that we will be listing as assets in the Affidavit of Support. All documents that are in a language other than English must be translated, and both the documents in the original language and the English translation must be provided. * For Birth Certificates, Death Certificates, Marriage Certificates, Divorce Decrees, Orders of Annulment, Court Orders, Police Records, and similar documentation from countries other than the United States, please review the listing for required Civil Documents for the appropriate country in the DOS Visa Reciprocity Table. If the documents you provide are not the versions described in the Visa Reciprocity Table, it could result in USCIS or the DOS issuing a Request for Additional Evidence and a delay in the processing of your case. You can view the DOS Visa Reciprocity Table by going to https://travel.state.gov/‌content/‌travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html and clicking on the name of the appropriate country. Sample Document Checklist for Client for Standalone I-130 Petition for Parent(s) of U.S. Citizen Dear Client: Please provide the following documents. For all listed documents, you should provide us with copies of the document. However, you will need to gather the original of each document for your interview. Proof that the Petitioner/Sponsor is a U.S. citizen or Legal Permanent Resident, such as: Your Birth Certificate if you were born in the United States; Your Certificate of Naturalization or Certificate of Citizenship, if you became a U.S. citizen through naturalization or through a parent’s naturalization; Your Form FS-240 Consular Report of Birth Abroad (CRBA), if you are a U.S. citizen by birth abroad to a U.S. citizen parent; Biometrics page from your unexpired U.S. passport, if you are a U.S. Citizen and not able to provide any of the document listed above; A copy of the front and back of your Permanent Resident Card (Green Card or Form I-551), if you are a Lawful Permanent Resident or A copy of valid I-551 stamp in passport if you are a Lawful Permanent Resident; Copy of any legal name change documents, if either the Petitioner or Parent(s) has legally changed names at any point, such as Marriage Certificate,* Divorce Decree,* Court Order of Name Change,* etc.; Birth Certificates* for the Petitioner/Sponsor and the Foreign National Parent(s). This must be the “long-form” birth certificate that lists parents’ names. If your birth was never registered, please obtain a Letter of Unavailability from the appropriate government office (see below regarding the DOS Visa Reciprocity Table). In such case, please provide us with any available secondary documents listing information about your name, date and place of birth, and parents’ names, such as church records, school records, or medical records. Please note that even with the secondary evidence, we will still need you to obtain a Letter of Unavailability from the appropriate government office; Identification Document for each of you, such as passport, driver’s license, or other government issued photo ID;* Parent(s) Marriage Certificate,* if Petitioner’s Parents were ever married to each other; Proof of termination of all prior marriages if one or both Parent had ever been married before or if the Parents’ marriage has since terminated, such as: Divorce Decree;* Order of Annulment;* or Death Certificate;* If the U.S. Citizen Petitioner is applying for their Father and the Petitioner was born out of wedlock and their parents did not marry before the Petitioner’s 18th birthday, please discuss with the attorney what additional documentation is required to show that the Petitioner’s paternity was legitimated before their 18th birthday and/or that the Petitioner and his/her father had a bona fide parent/child relationship before the Petitioner’s 21st birthday; If the parent/child relationship was created through adoption, please provide a copy of the adoption decree(s) or order(s) issued by the courts or other recognized government entity and discuss with the attorney what additional documentation you require to show that the adoptive relationship meets all immigration requirements. For each Parent being sponsored, if the Parent has ever been to the United States before, please provide copies of all of the following that apply: Copy of Passport(s) including: Biometrics page(s); All entry stamps in passport; All U.S. visas in passport; I-94 Entry/Exit Document issued to Parent by CBP upon entry into the United States; Advance Parole Travel Document; Border Crossing Card (also known as “Laser Visa”); Other evidence that Parent was inspected and admitted or paroled when you last entered the United States; All I-797 Approval Notice(s)/Receipt Notices for Change or Extension of Nonimmigrant Status; All I-20s (if they were in F-1/F-2 nonimmigrant status); All DS-2019s (if they were in J-1/J-2 status); All Employment Authorization Documents (EAD) issued to Parent; Any other documentation issued to Parent by USCIS or INS; If Parent(s) being sponsored has EVER been charged with a crime (even if the charge was dismissed, expunged, or you were told by an attorney or judge that the charge was as if it never existed, etc.) please provide the following for each charge/incident: Copy of Certified Court Dispositions for any charges, arrests, or convictions; Copy of Police Report of any criminal charges, arrests, citations; If Parent(s) being sponsored has ever been denied a visa, entry into the United States, or any other immigration benefit, or if they have ever been placed in Immigration Proceeding (Immigration Court), please provide us with any and all documents that they have relating to that incident. If they were previously represented by an attorney relating to that incident, please request a copy of your file from that attorney. All documents that are in a language other than English must be translated, and both the documents in the original language and the English translations must be provided. * For Birth Certificates, Death Certificates, Marriage Certificates, Divorce Decrees, Orders of Annulment, Court Orders, Police Records, and similar documentation from countries other than the United States, please review the listing for required Civil Documents for the appropriate country in the DOS Visa Reciprocity Table. If the documents you provide are not the versions described in the Visa Reciprocity Table, it could result in USCIS or the DOS issuing a Request for Additional Evidence and a delay in the processing of your case. You can view the DOS Visa Reciprocity Table by going to https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html and clicking on the name of the appropriate country. Sample List of Suggested Evidence Documenting Bona Fides of Marriage This is a list of suggestions of the types of documentary evidence that can be provided to show that spouses are in a bona fide marriage (meaning they did not get married solely for immigration purposes). Most couples will not have every item on this list, but the more that can be provided to show that the marriage is bona fide, the better. This list is just a list of suggestions, and it is not exhaustive, so the couple may have other items available that can be used to show that they are publicly holding themselves out as spouses, are living together, and/or are commingling their assets. It is helpful to provide documentation that covers the entire period of the relationship, not just recent documents. All documents that are in a language other than English must be translated, and both the document in the original language and the English translation must be provided. Birth certificates of children born to the couple showing both spouses as parents of the child. Final adoption decrees for any children adopted by the couple or where one spouse adopts the child of the other spouse. Copies of jointly filed Federal IRS income tax returns for each year that the couple has file jointly. Driver’s license, state issued photo ID, or other photo identification cards for both spouses showing their shared address. Evidence of joint checking or savings accounts—includes sampling of statements that are available for each joint account. Statements provided should show that the account is used by the couple. Evidence of joint credit card accounts—includes sampling of statements that are available for each joint account. Statements provided should show that the account is used by the couple. If statements do not show the names of both spouses, may need to show the credit cards themselves to show that both spouses are on the account. Real property deeds showing joint ownership of home or other real estate property. Apartment lease showing both spouses listed as residents of the apartment. Lease should be signed by both spouses. If lease does not list both spouses as residents of the apartment and is signed by both spouses, then also provide a letter from the landlord indicating that both spouses live at the apartment and/or copies of rental receipts showing both spouses’ names. Evidence of joint ownership of cars or other vehicles, for example, the title and/or car loan documentation listing both spouses. Evidence of life insurance policies where the other spouse is named as the beneficiary. Evidence of medical or health insurance plans that name the spouse as a member or beneficiary. Where applicable, should include evidence of all policies held jointly through the relationship. Evidence of joint car insurance. Where applicable, should include evidence of all policies held jointly through the relationship. Copies of other accounts listing both spouses, such as gas, electric, telephone, internet, cable, gym membership, etc. Where applicable, should include evidence of all policies held jointly through the relationship. Letter from employer or employment records showing the spouse listed and/or designation of the spouse as the person to be notified in event of accident, sickness, or other emergency. Evidence of correspondences between the spouses for periods where the spouses lived apart from each other. For example, texts, electronic messaging (i.e., Whatsapp, Facebook Messenger, etc.), emails, letters, birthday and holiday cards, telephone records showing calls, etc. Religious marriage certificate. Evidence of vacations taken together such as airline tickets or itineraries showing the couple travelling together and/or hotel invoices listing both spouses. Photographs from the wedding. Photographs preferably should include both spouses in each of the pictures. It is helpful to include photographs of the couple with other guests who attended the ceremony or reception. Photographs of the couple together with family and friends, from throughout their relationship. Photographs preferably should include both spouses in each of the pictures. Examples include photographs of the couple at birthday parties, holiday gatherings, social gatherings, religious celebrations, etc. Photographs of the couple together on vacation. Photographs should include both spouses in each of the pictures. If both spouses are active members of their church, mosque, temple, synagogue, etc. a letter from the religious leader or other authorized employee of the religious organization attesting to their join membership and/or active participation together and their personal knowledge of the spouses together as a couple. Adoption records and/or vet records for any pets adopted or owned by the couple together showing both spouses as owners/adopters of the pet. Affidavits from other friends and family members having personal knowledge of the bona fides of the marital relationship. Each affidavit must contain the full name and address of the person making the affidavit; the date and place of birth of the person making the affidavit; and complete information and details explaining how the person knows the couple and examples of when the person sees the couple together. The more detailed specific examples of how the person has seen the couple together and how the person knows that the couple is in a loving relationship, the stronger the affidavit will be. It is important that the couple confirms that all dates and other information contained in the affidavit are correct and truthful, since the affidavit will be used against the couple if the information contained in the affidavit conflicts with the information provided by the couple and in other provided documentation. Please note that Affidavits from friends and family are one of the weaker forms of evidence of a bona fide marriage since the U.S. government believes that friends and family are often willing to lie on behalf of the couple. The couple should consult with their attorney prior to having friends and family members provide affidavits, as they are not normally necessary where the couple has sufficient other evidence of the bona fides of the marriage. If either spouse is an active member of the U.S. military, please provide the following documentation showing the relationship (provide all of that apply): All pages of the Form DD-1172 Application for Uniformed Services Identification Card DEERS Enrollment listing the spouse as a dependent; Dependent’s Military Identification and Privilege Card; Form DD-1278 Certificate of Oversees Assignment to Support Application to File Petition for Naturalization; Copy of Permanent Change of Station (PCS) orders issued to the service member for permanent tour of duty overseas that specifically name the spouse; Designation of the spouse on the military member’s Group Life Insurance (SGLI) policy; Evidence of the Family Service Member’s Group Life Insurance (FSGLI) policy; Evidence of the military member’s health insurance policy on behalf of spouse; Documentation showing that the spouse resides in military base/post housing; Power of Attorney life insurance designation (general or specific); Military TRICARE medical ID card for usage of military medical facilities; Leave and Earning Statements showing Family Separation Allowance or allotment to dependents; Living Will and/or Last Will and Testament; Pre-authorization for emergency financial assistance; A copy of the service member’s Record of Emergency Data. Sample Affidavit in Support of Bona Fides of Marriage John Smith 123 Main St. Anytown, CA 90000 February 1, 2020 Subject: Affidavit Letter of Support for Edward & Jessica Johnson Dear USCIS Officer, I am writing to confirm that I have known Edward Johnson since March 2017, when he moved into the apartment next to mine. In the spring of 2018, Edward met Jessica and introduced me to her after their first date. They met while working together at Acme Inc. In the following years, my wife and I socialized with them on multiple occasions. We have gone out to dinner on double dates with them and had several movie nights. Edward and Jessica Johnson have remained our friends since moving to their new home in August 2019. We even helped them paint some of the bedrooms. They appear to be in love and happier than ever. We have also gone on two vacations with them to [locations and dates]. They’ve shared their desire to have children in the near future. I anticipate their marriage will remain a lifetime commitment. Thank you for the opportunity to share this information with you. Please contact me at (714) 555-1212 if you require additional information. I swear, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Sincerely, John Smith (Date of Birth: 8/15/1984) (Birthplace: Indianapolis, IN, USA) Sample Cover Letter for Marriage-Based I-130 Immigrant Petition July 20, 2023 USCIS Attn: I-130 (Box 650264) 2501 S. State Hwy, 121 Business Suite 400 Lewisville, TX 75067-8003 RE: I-130 Marriage Petition George Morgan (USC Petitioner) Laura Morgan (Spouse) Dear Sir/ Madam: Enclosed please find I-130 application filed by Counsel on behalf of George Morgan and his wife, Laura Morgan. Attached to the application please find the filing fee of $535.00. In support of this application please find the following: G-28s entering my appearance on behalf of Mr. and Mrs. Morgan; I-130 with fee and passport photos; I-130A; Marriage Certificate; Divorce Decree showing the termination of Mrs. Morgan’s prior marriage, with translation; U.S. Birth Certificate for Mr. Morgan; Birth Certificate for Mrs. Morgan, with translation; Passport for Mrs. Morgan; Birth Certificate for the couple’s newborn son; Couple’s wedding invitation; Pictures of the couple on their wedding day; Pictures of the couple from throughout their relationship with friend, family, and their newborn child; Itineraries of flights to Belize for trips that Mr. Morgan took to be with Mrs. Morgan, including for the birth of their son. Thank you in advance for your prompt adjudication of this petition. Please feel free to contact me at (555) 555-5555 or at [email protected] if you require any additional information. Sincerely, Ruth Thomas, Attorney Sample Cover Letter for Marriage-Based, Concurrently Filed I-130 and I-485 [Date] USCIS Attn: FBAS 131 S. Dearborn Street, 3rd Floor Chicago, IL 60603-5517 Marriage-Based Petition I-130 and I-485 John Smith (USC-Petitioner) Jane Smith (Beneficiary-Spouse) Dear Immigration Officer: Enclosed please find concurrently filed I-130 Petition for Alien Relative and I-485 Application for Adjustment of Status filed by Counsel of behalf of U.S. Citizen Petitioner John Smith and his spouse Beneficiary Jane Smith. Attached, please find checks totaling $1,760.00 for the filing fees for the I-130, I-485, I-131, I-765, and fingerprints. You will also find passport-style photographs attached to the respective petitions/applications. In support of these applications, we are also including the following: G-28s from Petitioner and Beneficiary entering my appearance as attorney; I-130 Petition for Alien Relative; I-130A; Marriage Certificate; Divorce Decrees from couple’s prior marriages; Petitioner’s Certificate of Naturalization; Birth Certificate for Petitioner, including translation; Birth Certificate for Beneficiary, including translation; Birth Certificate for couple’s child; Joint Residential Lease showing couple’s shared residence; Couple’s Joint Health Insurance Card; Couple’s Wedding Invitation; Pictures of the couple’s wedding and pictures of the couple from throughout their relationship; G-28 from Beneficiary/Applicant; I-485 Application for Adjustment of Status; I-94 issued to Beneficiary upon most recent entry; Beneficiary’s status documents, including H-1B Approval Notices, I-20s and OPT EAD; Beneficiary’s Passport, including visas and U.S. entry stamps G-28 from Petitioner/Sponsor; I-864 Affidavit of Support; Couple’s Joint IRS Tax Return Transcript for most recent year, with W-2s; Petitioner’s Employment Letter; Petitioner’s Certificate of Naturalization; Petitioner’s Tennessee Driver’s License; G-28 from Co-Sponsor; I-864 Affidavit of Support from Co-Sponsor; IRS Tax Return Transcript for most recent year, with W-2s; Co-Sponsor’s Employment Letter; Co-Sponsor’s U.S. Passport; Co-Sponsor’s Tennessee Driver’s License; G-28 From Beneficiary/Applicant; I-765 Application for Employment Authorization; Beneficiary’s Passport biometrics page; I-94; Copy of Beneficiary’s OPT EAD; G-28 From Beneficiary/Applicant I-131 Application for Travel Document; Beneficiary’s Passport biometrics page; I-94 from most recent entry to the United States. Should you need any more information please call our office at (901) 555-5555. Sincerely, [Attorney Name], Attorney [Firm Name] [Firm Address] Author Notes For Marriage-Based, Concurrent I-130/I-485 Filing Requirements For marriage-based I-130s, an I-130A must be included. The I-130 must include evidence that the Petitioner is a U.S. citizen or U.S. Permanent Resident. These can include: A copy of U.S. Birth Certificate (make sure the Birth Certificate is of a format that it lists the names of the parents); A copy of Certificate of Naturalization or Certificate of Citizenship; A copy of Consular Report of Birth Abroad (CRBA); A copy of biometrics page of unexpired U.S. passport (warning: USCIS will sometimes question the use of a U.S. passport as sufficient proof of U.S. citizenship, so it is preferable to provide one of the other listed documents, where available, as proof of U.S. citizenship); A copy of the front and back of the U.S. Permanent Resident Card (Green Card); A copy of the passport biometrics page, Immigrant Visa, and unexpired I-551 Stamp in passport. The I-130 must include the Marriage Certificate and proof of the termination of all prior marriages for both the Petitioner and Beneficiary (Divorce Decree, Decree of Annulment, or Death Certificate). The I-130 must include any additional name change documents for the Petitioner or Beneficiary. The I-130 should include some evidence of the bona fides of the marriage. See the List of Suggested Evidence of the Bona Fides of the Marriage for suggestions of documents to submit for this purpose. How much evidence of the bona fides of the marriage that is submitted with an I-130 that is filed concurrently with the I-485 will vary per case. USCIS does not usually issue an RFE for additional evidence of the bona fides of the marriage where the I-130 is filed concurrently with the I-485 since USCIS always conducts an in-person interview for such cases. There will be the opportunity to submit additional evidence supporting the bona fides of the marriage at the time of the interview. However, we prefer to submit as much evidence of the bona fides of marriage as we can with the I-130. This allows the USCIS adjudicator to go into the in-person interview having already seen significant evidence of the bona fides of the marriage and therefore having a presumption that the marriage is bona fide before they meet with the couple. The I-485 must include a copy of the Beneficiary’s Birth Certificate, or where it does not exist, other acceptable secondary evidence. Some countries have different versions of the birth certificate. The Birth Certificate must be a “long-form” certificate that contains the names of the Beneficiary’s parents. It is recommended that the version(s) of the Birth Certificate listed in the DOS Visa Reciprocity Table be used, although USCIS is not technically bound by the guidance in the Visa Reciprocity Table and so is not as strict in their requirement of the version listed in the Visa Reciprocity Table as the DOS is. The I-485 should include a copy of the biometrics page of the Beneficiary’s passport or other government issued photo ID, unless such document does not exist. The I-485 should include evidence that the Beneficiary was inspected during their most recent entry into the United States and admitted or paroled (unless applying for adjustment under INA §245(i)). If applying under INA §245(i), an I-485A should be included, along with evidence of the grandfathering Labor Certification Application, PERM Application or Immigrant Petition, and where required, evidence that the physical presence requirement has been met. Do not forget to include the additional government filing fee for the I-485A. If the Beneficiary has received any criminal citations or been charged with any crimes, the I-485 should include Certified Police Records and Certified Court Dispositions for all criminal charges, arrests, or convictions, even if the charges do not result in a conviction, or the charges were expunged. Form I-864 from the Petitioner, along with required supporting documentation, must be submitted with the I-485. This is true even if a Form I-864 from a Co-Sponsor is also being submitted. If the Applicant has previously been in J-1 or J-2 nonimmigrant status, the I-485 should include a copy of any J-1/J-2 visas and all DS-2019s. If the Applicant was subject to the two-year home residence requirement under INA §212(e), they should include evidence that they have met the requirement to reside in their home country for two years or they should include a copy of their I-612 Waiver Approval Notice. If the Applicant is adjusting status from A, G, or NATO nonimmigrant status, Form I-566, Interagency Record of Request must be included with the I-485. If the Applicant is adjusting status from A,G, or E nonimmigrant status as a A) foreign government official; B) Taipei Economic and Cultural Representative Office employee; C) International organization representative or employee; or D) a dependent member of such household, the I-485 must include a Form I-508, Waiver of Diplomatic Rights, Privileges, Exemptions, and Immunities. The I-485 can be submitted with or without Form I-693 Medical Examination Report. If the I-693 is being submitted together with the I-485, it must have been signed by the authorized physician no more than 60 days prior to the date on which the I-485 application is received by USCIS. If the I-485 is submitted without the I-693 then USCIS will issue a notice informing the Applicant that they must bring the I-693 to their in-person interview, unless USCIS issues an RFE for the I-693 before then. If the Applicant is subject to any grounds of inadmissibility but is eligible for a waiver, the I-485 must include the Form I-601, Application for Waiver of Grounds of Inadmissibility, along with all required supporting documentation. If the Applicant is subject to an executed Order of Deportation or Removability but is eligible for a waiver, the I-485 must include the Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal. There is no one required format for the cover letter. A cover letter is not actually required for the concurrent I-130/I-485 application packet, but we choose to file our application with a cover letter as it can assist the USCIS adjudicator to assess the documentation provided with the application, and it helps the client to understand what documentation was provided with the application. If you do not use a cover letter like the enclosed sample, or another format, it is recommended that you at least include a table of contents. The government filing fees can be paid using one check covering all the government filing fees; using a separate check for each fee (the I-130, the I-485, the Biometrics Fee, and where applicable the I-485A); or any combination. The important thing is that the check, or combination of checks, adds up to the correct required government filing fees. For marriage-based I-130’s, passport-style photographs of the Petitioner and Beneficiary must be included. Also, for an I-485 application passport-style photographs must be submitted for the Applicant. We prefer to file a marriage-based concurrent I-130 and I-485 application packet with two passport-style photographs of the Petitioner attached to the I-130 and six passport-style photographs of the Beneficiary/Applicant (two attached to the I-485, two attached to the I-765, and two attached to the I-131). However, some immigration attorneys submit their concurrent application packets with two passport-style photographs of the Petitioner and two passport-style photographs of the Beneficiary. We choose to submit the additional photographs for the I-765 and I-131 to avoid a potential RFE since these applications sometimes become separated from the rest of the application. We prefer to submit a marriage-based, concurrent I-130 and I-485 application packet with a separate signed G-28 Notice of Appearance as Attorney for each respective petition/application (I-130, I-13A, I-485, I-765, I-131, I-864, and where applicable I-864 for co-sponsor). However, some immigration attorneys submit the application with only one G-28 from the Petitioner/Sponsor, one G-28 from the Beneficiary/Applicant, and where applicable one G-28 from the Co-Sponsor. While it can be easier for the clients to sign fewer G-28s, we have seen situations where submitting only one G-28 per person can sometimes result in USCIS failing to recognize the G-28 for all submitted applications. We prefer to submit additional copies of supporting documents behind the I-765 and behind the I-131 even though these documents are already included with the I-485. However, some immigration attorneys choose not to include additional copies of the supporting documents for the I-765 and I-131 where these documents are already enclosed in the application packet. We choose to submit these additional copies of the supporting documents to avoid a potential RFE since these applications sometimes become separated from the rest of the application packet. Sample Cover Letter for Standalone I-130 for Stepchild of U.S. Citizen July 20, 2023 USCIS Attn: I-130 2501 S. State Hwy, 121 Business Suite 400 Lewisville, TX 75067 I-130 Petition for Alien Relative Heather Miller (USC Petitioner) Brandon Miller (Stepson) Dear Sir/ Madam: Enclosed please find I-130 application filed by Counsel on behalf of Heather Miller and her stepson Brandon Miller. Heather Miller is the wife of Russell Miller, the biological father of Brandon Miller. Heather and Russell married in 2017, prior to the 18th birthday of Brandon Miller who is current 10 years old. Attached to the application please find the filing fee of $535.00. In support of this application please find the following: G-28 Notice of Appearance entering my appearance; I-130 Petition for Alien Relative with fee; Certificate of Naturalization for Heather Miller; Marriage Certificate for Heather Miller and Russell Miller; Birth Certificate for Heather Miller; Birth Certificate for Brandon Miller, showing that he is the son of Russell Miller and Beverly Miller; Marriage Certificate for the marriage of Russell Miller to Beverly Miller, showing that Brandon Miller was born in wedlock to Russell Miller; Divorce Decree for the marriage of Russell Miller to Beverly Miller, showing that Brandon Miller was born in wedlock to Russell Miller. It also shows that Russell Miller was free to marry at the time of his marriage to Heather Miller. I appreciate your time and attention of this matter. Sincerely, Sarah Smith, Attorney Sample I-485 Cover Letter for Applicant Who Entered the United States on a K-1 Visa and Married within 90 Days March 21, 2020 USCIS Attn: FBAS 131 South Dearborn, 3rd Floor Chicago, IL 60603-5517 Adjustment of Status for K-1 Fiancé For Scott Parisi Dear Sir or Madam: Please find the enclosed I-485 application filed by Counsel on behalf of Scott Parisi. Scott entered the United States on 09/27/2019 on a K-1 Visa and married his U.S. Citizen Fiancé, Raffie Freiden, within 90 days on October 27, 2019. Attached, please find a check for $1,225.00 for the I-485, I-765, I-131 and biometrics. You will also find passport-style photos attached to the applications. In support of these applications, we are also including the following: G-28 Notice of Appearance entering my appearance; I-485, Application to Register Permanent Residence or Adjust Status, including filing fee; I-129F Approval Notice; Mr. Parisi’s passport, including K-1 visa and entry stamp; Form I-94; Scott Parisi’s Birth Certificate, with translation; Raffie Freiden’s U.S. Birth Certificate Marriage Certificate showing that Scott Parisi and Raffie Freiden married within 90 days of Mr. Parisi’s entry into the United States; Copy of Wedding Invitation; Sampling of statements from the couple’s joint bank account; Copy of the couple’s joint car insurance policy; Documentation of the couple’s joint health insurance policy; Photographs of the couple from throughout their relationship; I-765, Application for Employment Authorization; I-131, Application for Travel Document; I-864, Affidavit of Support executed by Mr. Freiden; IRS Transcripts for 2019, which the couple filed married jointly, with additional supporting documents for the I-864. Should you need further information please contact the office. Yours Sincerely, Sam Smith, Attorney Sample Cover Letter for I-765 and I-131 Renewal Based on a Pending I-485 December 27, 2020 USCIS Attn: FBAS P.O. Box 805887 Chicago, IL 60680-4120 RE: I-765 Application for Employment Authorization Renewal and I-131 Application for Travel Document Renewal Applicant: Joan Rogers File: A#211-234-567 Receipt Number of Pending I-485: MSC18123456789 ***NO FILING FEE REQUIRED – BASED ON PENDING I-485 *** Dear Sir or Madam: Enclosed please find Ms. Joan Rogers’ I-765 Application for Employment Authorization and I-131 Application for Travel Document. She is eligible to apply under the (c)(9) category because her I-485 Application for Adjustment of Status is pending under receipt number MSC18123456789. No filing fee is required because she filed her pending I-485 application on or after July 30, 2007, and paid the appropriate I-485 filing fee, as shown by the enclosed I-485 Receipt Notice. Enclosed please find the following: Form G-28, Notice of Entrance of Appearance as Attorney; Form I-765, Application for Employment Authorization, with two passport-style photographs; Form I-131, Application for Travel Document; A copy of Ms. Rogers’ I-485 Receipt Notice; A copy of Ms. Rogers’ most recently issued Employment Authorization Document; A copy of Ms. Rogers’ Passport Biometrics Page; A copy of Ms. Rogers’ most recently issued I-94 Entry/Exit Document. If you have any questions, please do not hesitate to call my office at (555) 555-5555 or email me at [email protected]. Sincerely, Sam Smith, Esq. Sample Packet Preparation and Review Checklist for Marriage-Based, Concurrently Filed I-130 and I-485 Petitioner: ____________________________________________________________ Beneficiary: ____________________________________________________________ Date of Review: ______________________ Fees: $535 – I-130 (verify current filing fee in Filing Fee section of https://www.uscis.gov/i-130) $1140 – I-485 (verify current filing fee and biometrics fee in Filing Fee section at https://www.uscis.gov/i-485) $85 – Biometrics Fee Total: $1760 (it is recommended, but not required, to submit a separate check for each fee) $1000 – I-485A Fee – if applying under INA §245(i) (verify current filing fee and biometrics fee in Filing Fee section at https://www.uscis.gov/i-485supa) N/A – Not applying under INA §245(i) All checks signed; or Forms G-1450 Authorization for Credit Card Transaction each properly executed (A separate form is required for each petition/application. The G-1450 can only be used in certain situations and has very specific requirements that must be followed or the filing will be rejected. See “How to Pay with a Credit Card” at https://www.uscis.gov/‌forms/filing-fees/pay-with-a-credit-card) Address: USCIS filing address correct (check against filing address listed on USCIS website https://www.uscis.gov/i-485) Photos: Two passport-style photos of Petitioner. Recommend writing full name and A# (if any) on the back of photos in pencil. Two (or six) passport-style photos of Beneficiary/Applicant (although only two photographs of the Applicant are required, it is better to provide 6 photographs: 2 for the I-130A and I-485, 2 for the I-131, and 2 for the I-765, in case any of these applications become separated from each other). Recommend writing full name and A# (if any) on the back of photos in pencil. Forms Editions and All Pages: G-28 Notice of Appearance as Attorney for Petitioner (one G-28 is sufficient but best practice is to provide a G-28 for each of the I-130 and I-864) – all pages included, and current edition being used (check against accepted editions listed in the “Edition Date” section at https://www.uscis.‌gov/g-28) G-28s for Beneficiary/Applicant (One G-28 is sufficient but best practice is to provide a G-28 for each of the I-130A, I-485, I-131 and I-765) – all pages included, and current edition being used I-130 Petition for Alien Relative – all pages included, and current edition being used (check against accepted editions listed in the “Edition Date” section at https://www.uscis.gov/i-130) I-130A Supplemental Information for Spouse Beneficiary – all pages included, and current edition being used (check against accepted editions listed in the “Edition Date” section at https://www.uscis.gov/i-130) I-485 Application for Adjustment of Status – all pages included, and current edition being used (check against accepted editions listed in the “Edition Date” section at https://www.uscis.gov/i-485) I-485A – if applying under INA §245(i) – all pages included, and current edition being used (check against accepted editions listed in the “Edition Date” section at https://www.uscis.gov/i-485supa) N/A – Not applying under INA §245(i) I-864 Affidavit of Support Under INA §213A (or I-864EZ) executed by Petitioner – all pages included, and current edition being used (check against accepted editions listed in the “Edition Date” section at https://www.uscis.gov/i-864 or https://www.uscis.gov/i-846ez) N/A – Filing I-864W because Beneficiary is exempt from requirement to submit an I-864. All pages included, and current edition being used (check against accepted editions listed in the “Edition Date” section at https://www.uscis.gov/i-864w) I-864 for Joint Sponsor (Co-sponsor) included (if required because the Petitioner’s income and/or assets are not sufficient) (Whether a Form G-28 from Joint Sponsor is to be included will depend on the situation.) N/A – Not using a Joint Sponsor. Petitioner has sufficient income or assets to meet the requirements themselves or with Household Member(s). I-864A Contract Between Sponsor and Household Member (if you are using the income or assets of a Household Member to meet the financial requirements for the Sponsor and/or Joint Sponsor) – All pages included, and current edition being used (check against accepted editions listed in the “Edition Date” section at https://www.uscis.gov/i-864a) (Whether a Form G-28 from Household Member is to be included will depend on the situation) N/A – Not using the income or assets of a Household Member to meet the income or asset requirements. I-131 Application for Travel Document – all pages included, and current edition being used (check against accepted editions listed in the “Edition Date” section at https://www.uscis.gov/i-131) I-765 Application for Employment Authorization – all pages included, and current edition being used (check against accepted editions listed in the “Edition Date” section at https://www.uscis.‌gov/i-765) Signatures: Forms signed by Petitioner: G-28 I-130 I-864 or I-864EZ for Petitioner N/A – Submitting I-864W I-864(s) for Joint Sponsor (if applicable) N/A – No Joint Sponsor needed I-864A(s) (if applicable) N/A – Not using income from Household Member(s) Forms signed by Beneficiary/Applicant: G-28(s) I-130A (if Beneficiary is overseas, I-130A can be filed without their signature) I-485 I-485A (if applicable) N/A – Not filing under INA §245(i) I-131 I-765 I-864W (if applicable) N/A – Submitting I-864 from Petitioner I-864/I-864A (and G-28) signed by Joint Sponsor(s) and/or Household Member(s) (if applicable) N/A – Not using Joint Sponsor(s) or income from Household Member(s) All forms signed by Attorney Forms signed by Interpreter (if applicable) N/A Additional Issues: Name of Petitioner spelled correctly on I-130 Correct Relationship indicated in I-130 Name of Beneficiary/Applicant spelled correctly on all forms Correct basis for eligibility is selected on the I-485 (C)(9) listed as Eligibility Category on I-765 Date of Intended Departure listed on I-131 is a future date Individual Income and Household Income listed on I-864(s) matches evidence of income provided Total Income as Reported on Federal Income Tax Returns matches the Total Income listed on the tax return (or Adjusted Gross Income if filed using Form 1040-EZ) Supporting Documents: Certified translation included along with copy of the original for all non-English documents. N/A For I-130/I-130A: Marriage Certificate; Proof of termination of any prior marriages for Petitioner and/or Beneficiary (if applicable) (Divorce Decree, Order of Annulment, or Death Certificate); N/A – Neither Petitioner not Beneficiary have any prior marriages. Proof that Petitioner is a U.S. citizen or Legal Permanent Resident: Copy of U.S. birth certificate; Copy of naturalization or citizenship certificate; A copy of Form FS-240, Consular Report of Birth Abroad (CRBA); A copy of unexpired U.S. passport (the three options above are preferable to this option as USCIS will sometimes question the validity of a U.S. passport as proof of U.S. citizenship); A copy of the front and back of Permanent Resident Card (Green Card or Form I-551); A copy of valid I-551 stamp in passport; Copy of any legal name-change documents for Petitioner and/or Beneficiary (if applicable); N/A Proof of the bona fides of the marriage such as (list is not exhaustive): Birth certificates of children born to the couple; Jointly filed Federal IRS income tax returns; Driver’s licenses or other ID for both spouses showing their shared address(es); Evidence of joint checking or savings accounts; Evidence of joint credit card accounts; Evidence of joint ownership of home or other real estate property; Evidence of joint apartment lease(es) showing shared residence(es); Evidence of joint ownership of cars or other vehicles; Evidence of life insurance policies where the other spouse is named as the beneficiary; Evidence of joint medical or health insurance plans; Evidence of joint car insurance; Evidence of other accounts joint accounts such as gas, electric, telephone, internet, cable, gym membership, etc.; Evidence from employer showing the spouse listed and/or designation of the spouse as the person to be notified in event of accident, sickness, or other emergency; Correspondences between the spouses; Religious marriage certificate; Evidence of vacations/travel taken together; Photographs from the wedding; Other photographs of the couple; Letter from couple’s religious organization; Affidavits from friends and family members; Other evidence of the bona fides of the marriage: _________________________________ Proof of the bona fides of the marriage if either spouse is an active member of the U.S. military: N/A – Neither spouse is an active member of the U.S. military; All pages of the Form DD-1172 Application for Uniformed Services Identification Card DEERS Enrollment listing the spouse as a dependent; Dependent’s Military Identification and Privilege Card; Form DD-1278 Certificate of Oversees Assignment to Support Application to File Petition for Naturalization; Copy of Permanent Change of Station (PCS) orders issued to the service member for permanent tour of duty overseas that specifically name the spouse; Designation of the spouse on the military member’s Group Life Insurance (SGLI) policy; Evidence of the Family Service Member’s Group Life Insurance (FSGLI) policy; Evidence of the military member’s health insurance policy on behalf of spouse; Documentation showing that the spouse resides in military base/post housing; Power of Attorney life insurance designation (general or specific); Military TRICARE medical ID card for usage of military medical facilities; Leave and Earning Statements showing Family Separation Allowance or allotment to dependents; Living Will and/or Last Will and Testament; Pre-authorization for emergency financial assistance; A copy of the service member’s Record of Emergency Data; If the marriage occurred while Beneficiary was subject to exclusion, removal, or rescission proceedings and is subject to restrictions under INA §245(e), included written request for a bona fide marriage exemption under INA §245(e)(3) and included evidence meeting the higher “clear and convincing” standard of evidence of the bona fides of the marriage. N/A For I-485: Beneficiary/Applicant’s Birth Certificate (must be “long-form” Birth Certificate that lists parents’ names). If the Applicant’s birth was registered more than a year after the date of their birth, include other acceptable secondary evidence of birth such as church, school, medical records, or two Affidavits in Lieu of Birth Certificate. If the birth certificate is unavailable or does not exist (for example if birth never registered), submit proof of unavailability or nonexistence (such as Letter of Unavailability from appropriate government office) along with other acceptable secondary evidence; Legal name-change documents, such as Marriage Certificate, Divorce Decree, Court Order of Name Change, etc. (if legal name has changed since birth); N/A Identification Document (passport, driver’s license, or other government-issued photo ID); Proof of that the Beneficiary was inspected and admitted/paroled upon most recent entry (unless applying under INA §245(i)): N/A (applying under INA §245(i), Form I-485A included) Passport; Visa; Entry Stamp in passport; I-94; Advance Parole Document (if applicable); Border Crossing Card (if applicable); Other evidence that Beneficiary was inspected and admitted or paroled (if applicable); Proof of Maintenance of Status (Not required where applying under INA §245(i). Not required where applying as Immediate Relative spouse of U.S. Citizen, Parent of U.S. Citizen, or Unmarried Child of U.S. Citizen under the age of 21) such as; N/A – Applying based on Immediate Relative petition or under INA §245(i); I-797 Approval Notice(s)/Receipt Notices for Change or Extension of Nonimmigrant Status; I-20s (if was in F-1/F-2) DS-2019 (if was in J-1/J-2); EAD; Copy of Certified Court Dispositions of any criminal charges, arrests, or convictions (if applicable); N/A Copy of Police Report of any criminal charges, arrests, citations (if applicable); N/A Copy of Approval Notice for I-612 or proof that Applicant has met the two-year home residency requirement if Applicant was in J-1/J-2 status subject to the INA §212(e) home-residence requirement. Also, a copy of the relevant DS-2019 documents. N/A – Applicant never subject to INA §212(e) Form I-693 – Report of Medical Examination and Vaccination Record - (Optional, can instead be submitted at the USCIS in-person interview or in response to an RFE issue by USCIS prior to the interview) If I-693 completed by physician prior to the filing of the I-485, then must be signed and dated by authorized physician no earlier than 60 days before the date it is received by USCIS. Must be submitted in unopened envelope sealed by the physician’s office. N/A – Will be submitting the I-693 at the time of the USCIS in-person interview or in response to an RFE requesting the I-693 prior to the interview. For I-485A (if applying under §245(i)): N/A – Not applying under INA §245(i) Proof that grandfathering Labor Certification or Immigrant Petition was filed by 4/20/2001 or 1/14/1998 (Receipt Notice, Approval Notice, Certified Labor Certification, Letter from State DOL that received the LC, etc.); and Proof that Primary Beneficiary was physically in the United States on 12/21/00 (only required if grandfathering Labor Certification or Petition filed after 1/14/1998 but by 4/20/2001). For I-864/I-864EZ/I-864A: Include the following for the Petitioner. Also include the following for each Co-Sponsor or Joint Sponsor/Household Member submitting an I-864 or I-864A: IRS Tax Return Transcript or copy of Federal Income Tax Return for the most recent tax year. If providing a copy of the Federal Income Tax Return, or if providing a Tax Return Transcript where filed jointly with spouse, include a copy of every Form W-2 and Form 1099 that relates to that return. Sponsor did not file an IRS tax return for the most recent year - Provide evidence that they were not required to file, such as a letter from a CPA explaining why they were exempt. Proof of U.S. citizenship or Legal Permanent Resident status: Copy of birth certificate if born in the United States; Copy of Naturalization Certificate; Copy of biographic page of U.S. Passport; Copy of Permanent Resident Card (Green Card); Copy of valid I-551 stamp in passport. If the Petitioner/Sponsor is using the I-485 Applicant intending immigrant’s income to meet the required income level provide copy of the Beneficiary’s EAD or I-94 showing work authorization pursuant to status as proof of legal work authorization in the United States and proof that the intending immigrant’s current employment will continue from the same source if their income is being used. Letter of employment; should be on business letterhead and must include annual pay (salary or hourly), total hours worked, occupation and hire date; If letter of employment is not available, 6 months’ worth of pay stubs; If self-employed, provide a letter from CPA stating annual income and what position is AND a copy of the business license or other documentation showing ownership of the company; If self-employed, provide a copy of Schedule C, D, E, or F from most recent Federal income tax return which establishes income from your business. If using assets to meet the requirements under INA §213A, proof of ownership of each listed asset, value of each asset listed, and documentation of any liens or mortgages on each asset listed. If listing one or more vehicles, include proof of ownership of at least one additional vehicle beyond the vehicle(s) listed in the Affidavit of Support; Proof of domicile in the United States (i.e., valid driver’s license or ID); If the petitioning sponsor is on active duty in the U.S. armed forces or U.S. Coast Guard and is sponsoring their spouse or child using 100 percent of the Federal Poverty Guidelines, proof of their active military status. If using an I-864A to use the income of a Household Member, proof of their residency in the sponsor’s household and relationship to the sponsor (if they are not the intending immigrants or are not listed as dependents on the sponsor’s Federal income tax return for the most recent tax year). For I-864W (if applicable): N/A – I-864 Submitted by Petitioner All Social Security Act (SSA) forms necessary to establish that Applicant has or can receive credit for 40 quarters of work under the SSA. Additional forms to be included with the I-485 Application Packet where applicable: Form I-508, Waiver of Diplomatic Rights, Privileges, Exemptions, and Immunities – Form used to waive certain diplomatic rights privileges, exemptions, and immunities associated with applicant’s occupational status; Form I-566, Interagency Record of Request – A, G, or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G, or NATO Status – Form used where applicant is applying for adjustment of status from, A, G or NATO status; Form I-601Application for Waiver of Grounds of Inadmissibility – Use this form to seek a waiver of grounds of inadmissibility if applicant is subject to ground of inadmissibility to the United States; Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal – Use this form to seek consent to reapply if applicant is inadmissible under INA section 212(a)(9)(A) or (C). NOTES: ____________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Sample Packet Preparation and Review Checklist For I-485 Based on Approved or Pending I-130 Petition Applicant/ Beneficiary: ___________________________________________________________ Petitioner/Sponsor: ____________________________________________________________ Date of Review/Preparation: ______________________ Fees: $1140 – I-485 (verify current filing fee and biometrics fee in Filing Fee section at https://www.uscis.gov/i-485) $85 – Biometrics Fee Total: $1225 (it is recommended, but not required, to submit a separate check for each fee) $1000 – I-485A Fee – If applying under INA §245(i) (verify current filing fee and biometrics fee in Filing Fee section at https://www.uscis.gov/i-485supa) N/A All checks or money orders signed; or Forms G-1450 Authorization for Credit Card Transaction properly executed (a separate form is required for each petition/application. The G-1450 can only be used in certain situations and has very specific requirements that must be followed, or the filing will be rejected. See “How to Pay with a Credit Card” at https://www.uscis.gov/forms/filing-fees/pay-with-a-credit-card.) USCIS filing address correct (check against filing address listed on USCIS website https://www.uscis.gov/i-485) Two (or four) passport-style photos of Beneficiary/Applicant (although only two photographs of the Applicant are required, it is better to provide 4 photographs: 2 for the I-485 and 2 for the I-765, in case any of these applications become separated from each other). It is recommended that the full name and A# (if any) be written in pencil on the back of the photos. G-28s for Applicant/Beneficiary (one G-28 is sufficient but best practice is to provide a G-28 for each of the I-485, I-131 and I-765) – all pages included, and current edition being used I-485 Application for Adjustment of Status – all pages included, and current edition being used (check against accepted editions listed in the “Edition Date” section at https://www.uscis.gov/i-485) I-485A – If applying under INA §245(i) – all pages included, and current edition being used (check against accepted editions listed in the “Edition Date” section at https://www.uscis.gov/i-485supa) N/A G-28 Notice of Appearance as Attorney for Affidavit of Support Sponsor/the I-130 Petitioner – all pages included, and current edition being used (check against accepted editions listed in the “Edition Date” section at https://www.uscis.gov/g-28) I-864 Affidavit of Support Under INA §213A (or I-864EZ) executed by Sponsor/the I-130 Petitioner – all pages included, and current edition being used (check against accepted editions listed in the “Edition Date” section at https://www.uscis.gov/i-864 or https://www.uscis.gov/i-846ez) Applicant is eligible to submit I-864W instead G-28 Notice of Appearance as Attorney for Co-Sponsor – (if required because the I-130 Petitioner’s income and/or assets are not sufficient) all pages included, and current edition being used (check against accepted editions listed in the “Edition Date” section at https://www.uscis.gov/g-28) N/A (if no co-sponsor needed) I-864 for Co-Sponsor included (if required because the I-130 Petitioner’s income and/or assets are not sufficient) N/A (if no co-sponsor needed) G-28 Notice of Appearance as Attorney for I-864A Household Member (if required) – all pages included, and current edition being used (check against accepted editions listed in the “Edition Date” section at https://www.uscis.gov/g-28) N/A (if no I-864A needed) I-864A Contract Between Sponsor and Household Member (if there is a Joint Sponsor Household Member in the same household as the Sponsor and/or Co-Sponsor) – all pages included, and current edition being used (check against accepted editions listed in the “Edition Date” section at https://www.uscis.gov/i-864a) N/A (if not I-864A needed) I-131 Application for Travel Document – all pages included, and current edition being used (check against accepted editions listed in the “Edition Date” section at https://www.uscis.gov/i-131) I-765 Application for Employment Authorization – all pages included, and current edition being used (check against accepted editions listed in the “Edition Date” section at https://www.uscis.‌gov/i-765) Forms signed by Beneficiary/Applicant: G-28(s) I-485 I-485A (if applicable) N/A I-131 I-765 I-864W (if applicable) N/A Forms signed by Sponsor/I-130 Petitioner (required if not submitting I-864W instead): G-28 I-864 or I-864EZ for Sponsor/ I-130 Petitioner Forms signed by Co-Sponsor or Household Member (if applicable) G-28 and I-864 for Co-Sponsor (if applicable) N/A G-28 and I-864A for Household Member (if applicable) N/A All forms signed by Attorney G-28(s) for Applicant/Beneficiary I-485 I-485A N/A I-131 I-765 G-28 for Sponsor/I-130 Petitioner I-864 or I-864EZ for Sponsor/ I-130 Petitioner (or I-864W for Applicant) G-28 and I-864 for Co-Sponsor (if applicable) N/A G-28 and I-864A for Household Member (if applicable) N/A Forms signed by Interpreter (if applicable) Correct basis for eligibility is selected on the I-485 Certified translation included along with copy of the original for all non-English documents Supporting Documents: For I-485: Copy of Approval Notice or Receipt Notice for Approved or Pending I-130 Petition; Copy of documentation of any automatic change in Preference Category for the pending or approved I-130 since the date of filing or approval (if applicable), such as Naturalization Certificate for Petitioner, Marriage Certificate, Divorce Decree, Order of Annulment of Marriage, and/or Death Certificate of Spouse; N/A Applicant/Beneficiary’s Birth Certificate (must be “long-form” Birth Certificate that lists parents’ names). If the Applicant’s birth was registered more than a year after the date of their birth, include other acceptable secondary evidence of birth such as church, school, medical records, or two Affidavits in Lieu of Birth Certificate. If the birth certificate is unavailable or does not exist (for example if birth never registered), submit proof of unavailability or nonexistence (such as Letter of Unavailability from appropriate government office) along with other acceptable secondary evidence; Legal name-change documents, such as Marriage Certificate, Divorce Decree, Court Order of Name Change, etc. (if legal name has changed since birth); N/A Identification Document (passport, driver’s license, military ID, or other government-issued photo ID)(may be expired if currently valid document not available); If filing I-485 as a Derivative Beneficiary Spouse of the Primary Beneficiary of the I-130, include: Marriage Certificate; Proof of termination of any prior marriages for Petitioner and/or Beneficiary (if applicable) (Divorce Decree, Order of Annulment, or Death Certificate); N/A If Filing I-485 as Derivative Beneficiary Child of the Primary Beneficiary of the I-130, the following additional documentation might be needed, depending on the situation: Marriage Certificate of parents and proof of the termination of all prior marriages for parents; Evidence that the Child was legitimated under the law of the Child’s residence or domicile, or under the law of the Father’s residence or domicile, before the Child reached 18 years of age; Evidence that a bona fide Parent-Child relationship existed between the Father and the Child before the Child reached 21 years of age. This may include evidence that the Father lived with the Child, supported them, or otherwise showed continuing parental interest in the Child’s welfare; Copy of the Adoption Decree and proof of required residence with parent (Note: If adopted Child is from country that is signatory to the Hauge Convention on Adoption, there are additional requirements); N/A; Proof of that the Beneficiary was inspected and admitted/paroled upon most recent entry (unless applying under INA §245(i)): Passport; Visa; Entry Stamp in passport; I-94; Advance Parole Document (if applicable); Border Crossing Card (if applicable); Other evidence that Beneficiary was inspected and admitted or paroled (if applicable); N/A (if applying under INA §245(i)); Proof of Maintenance of Status since most recent admission (not required for Immediate Relative spouse of U.S. Citizen, Parent of U.S. Citizen, or Unmarried Child of U.S. Citizen under the age of 21); I-797 Approval Notice(s)/Receipt Notices for Change or Extension of Nonimmigrant Status (if any); I-20s (if was in F-1/F-2) or DS-2019 (if was in J-1/J-2); EAD (if applicable); N/A (if applying based upon I-130 under Immediate Relative preference category or if applying under INA §245(i)); Copy of Certified Court Dispositions of any criminal charges, arrests, or convictions (if applicable); N/A Copy of Police Report of any criminal charges, arrests, citations (if applicable); N/A Copy of Approval Notice for I-612 or proof that Applicant has met the two-year home residency requirement if Applicant was in J-1/J-2 status subject to the INA §212(e) home-residence requirement. N/A For I-485A (if applying under §245(i)): Proof that grandfathering Labor Certification or Immigrant Petition was filed by 4/20/2001 or 1/14/1998 (Receipt Notice, Approval Notice, Certified Labor Certification, Letter from State DOL that received the LC, etc.); Proof that Primary Beneficiary was physically in the United States on 12/21/00 (if grandfathering Labor Certification or Petition filed after 1/14/1998); N/A. For I-864/I-864EZ/I-864A: Include the following for the Petitioner. Also include the following for each Co-Sponsor or Joint Sponsor/Household Member submitting an I-864 or I-864A: IRS Tax Return Transcript or copy of Federal Income Tax Return for the most recent tax year. If providing a copy of the Federal Income Tax Return, or if providing a Tax Return Transcript where filed jointly with spouse, include a copy of every Form W-2 and Form 1099 that relates to that return; Proof of U.S. citizenship or Legal Permanent Resident status: Copy of birth certificate if born in the United States; Copy of Naturalization Certificate; Copy of biographic page of U.S. Passport; Copy of Permanent Resident Card (Green Card); Copy of valid I-551 stamp in Passport; If the Petitioner is using the Beneficiary’s income to meet the required income level provide copy of the Beneficiary’s EAD or I-94 showing work authorization pursuant to status as proof of legal work authorization in the United States; Letter of Employment should be on business letterhead and must include annual pay (salary or hourly), total hours worked, occupation, and hire date; If letter of employment is not available, then 12 months’ worth of pay stubs should be submitted; If self-employed, a letter from CPA stating annual income and what position is AND a copy of the business license or other documentation showing ownership of the company; If using assets to meet the requirements under INA §213A, proof of ownership of each listed asset, value of each asset listed, and documentation of any liens or mortgages on each asset listed. If listing one or more vehicles, proof of ownership of at least one additional vehicle beyond the vehicle(s) listed in the Affidavit of Support; Proof of domicile in the United States (i.e., valid driver’s license or ID); If the Co-Sponsor submitting an I-864 is not a close relative of the Beneficiary/Applicant or Petitioner, include a written statement from them explaining their relationship to the Beneficiary and why they have agreed to be a Co-Sponsor. For I-864W (if Applicant is eligible): All Social Security Act (SSA) forms necessary to establish that you have or can receive credit for 40 quarters of work under the SSA (if filing I-864W on this basis). Additional forms to be included with the I-485 Application Packet where applicable: Form I-508, Waiver of Diplomatic Rights, Privileges, Exemptions, and Immunities; Form I-566, Interagency Record of Request – A, G, or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G, or NATO Status; Form I-601Application for Waiver of Grounds of Inadmissibility; Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal. Sample Packet Preparation and Review Checklist for Marriage-Based, Standalone I-130 Petition Petitioner: _________________________________________________________________ Beneficiary: _________________________________________________________________ Date of Review: ____________________ Fees: $535 – I-130 Filing Fee (verify current filing fee in Filing Fee section of https://www.uscis.gov/i-130) Check(s) or money order(s) signed; OR G-1450 Authorization for Credit Card Transaction properly executed (A separate form is required for each petition/application. The G-1450 can only be used in certain situations and has very specific requirements that must be followed or the filing will be rejected. See “How to Pay with a Credit Card” at https://www.uscis.gov/forms/filing-fees/pay-with-a-credit-card) Address: USCIS filing address correct (check against filing address listed on USCIS website https://www.uscis.gov/i-130) Forms: G-28 Notice of Appearance as Attorney for Petitioner – all pages included, and current edition being used (check against accepted editions listed in the “Edition Date” section at https://www.uscis.gov/g-28) G-28s for Beneficiary – all pages included, and current edition being used I-130 Petition for Alien Relative – all pages included, and current edition being used (check against accepted editions listed in the “Edition Date” section at https://www.uscis.gov/i-130) I-130A Supplemental Information for Spouse Beneficiary – all pages included, and current edition being used (check against accepted editions listed in the “Edition Date” section at https://www.uscis.gov/i-130) G-28 signed by Petitioner G-28 signed by Beneficiary I-130 signed by Petitioner I-130A signed by Beneficiary (signature not required if the Beneficiary currently resides outside the U.S. although completed form must be submitted) All forms signed by Attorney Forms signed by Interpreter (if applicable) Name of Petitioner correctly spelled Name of Beneficiary correctly spelled Correct Relationship between Petitioner and Beneficiary indicated in I-130 Petitioner’s U.S. citizenship or lawful permanent resident status correctly listed in I-130 I-130 correctly lists whether Beneficiary will be applying for an Immigrant Visa at the correct U.S. consular post abroad or whether Beneficiary will be filing I-485 later Supporting Documents: Two passport-style photos of Petitioner. Recommend writing full name and A# (if any) on the back of photos in pencil. Two passport-style photos of Beneficiary. Recommend writing full name and A# (if any) on the back of photos in pencil. Marriage Certificate; Proof of termination of any prior marriages for Petitioner and/or Beneficiary (if applicable) (Divorce Decree, Order of Annulment, or Death Certificate); N/A Proof that Petitioner is a U.S. citizen or Legal Permanent Resident: Copy of U.S. birth certificate; Copy of naturalization or citizenship certificate; A copy of Form FS-240, Consular Report of Birth Abroad (CRBA); A copy of unexpired U.S. passport (three options above are preferable to this option since USCIS will sometimes question the validity of a U.S. passport as proof of U.S. citizenship); A copy of (front and back) of Permanent Resident Card (Green Card or Form I-551); A copy of valid I-551 stamp in passport; Copy of any legal name-change documents for Petitioner and/or Beneficiary (if applicable); N/A Proof of the bona fides of the marriage such as (list is not exhaustive): Birth certificates of children born to the couple; Jointly filed Federal IRS income tax returns; Driver’s licenses or other ID for both spouses showing their shared address(es); Evidence of joint checking or savings accounts; Evidence of joint credit card accounts; Evidence of joint ownership of home or other real estate property; Evidence of joint apartment lease(es) showing shared residence(es); Evidence of joint ownership of cars or other vehicles; Evidence of life insurance policies where the other spouse is named as the beneficiary; Evidence of joint medical or health insurance plans; Evidence of joint car insurance; Evidence of other accounts joint accounts such as gas, electric, telephone, internet, cable, gym membership, etc.; Evidence from employer showing the spouse listed and/or designation of the spouse as the person to be notified in event of accident, sickness, or other emergency; Correspondences between the spouses; Religious marriage certificate; Evidence of vacations/travel taken together; Photographs from the wedding; Other photographs of the couple; Letter from couple’s religious organization; Affidavits from friends and family members; Other evidence of the bona fides of the marriage.________________________________ _______________________________________________________________________ Proof of the bona fides of the marriage if either spouse is an active member of the U.S. military: N/A – Neither spouse is an active member of the U.S. military; All pages of the Form DD-1172 Application for Uniformed Services Identification Card DEERS Enrollment listing the spouse as a dependent; Dependent’s Military Identification and Privilege Card; Form DD-1278 Certificate of Oversees Assignment to Support Application to File Petition for Naturalization; Copy of Permanent Change of Station (PCS) orders issued to the service member for permanent tour of duty overseas that specifically name the spouse; Designation of the spouse on the military member’s Group Life Insurance (SGLI) policy; Evidence of the Family Service Member’s Group Life Insurance (FSGLI) policy; Evidence of the military member’s health insurance policy on behalf of spouse; Documentation showing that the spouse resides in military base/post housing; Power of Attorney life insurance designation (general or specific); Military TRICARE medical ID card for usage of military medical facilities; Leave and Earning Statements showing Family Separation Allowance or allotment to dependents; Living Will and/or Last Will and Testament; Pre-authorization for emergency financial assistance; A copy of the service member’s Record of Emergency Data; If the marriage occurred while Beneficiary was subject to exclusion, removal, or rescission proceedings and is subject to restrictions under INA §245(e), included written request for a bona fide marriage exemption under INA §245(e)(3) and included evidence meeting the higher “clear and convincing” standard of evidence of the bona fides of the marriage; N/A Certified translation included along with copy of the original for all non-English documents. N/A Additional Documentation You May Wish to Include: Form G-1145, E-Notification of Application/Petition Acceptance is completed with the Petitioner’s information and included on the front of the petition – (optional) if Petitioner would like to receive electronic notice of acceptance from USCIS Petitioner’s Birth Certificate; Beneficiary’s Birth Certificate; Proof of that the Beneficiary was inspected and admitted/paroled upon most recent entry (if filing for F-2A Petition for LPR Petitioner and Beneficiary will be applying for Adjustment of Status): Passport; Visa; Entry Stamp in passport; I-94; Advance Parole Document (if applicable); Border Crossing Card (if applicable); Other evidence that Beneficiary was inspected and admitted or paroled (if applicable); Proof of Beneficiary’s Maintenance of Status (if filing for F-2A Petition for LPR Petitioner and Beneficiary will be applying for Adjustment of Status): I-797 Approval Notice(s)/Receipt Notices for Change or Extension of Nonimmigrant Status; I-20s (if was in F-1/F-2) or DS-2019 (if was in J-1/J-2); EAD; Explanation and additional evidence addressing any prior denials of I-130 petitions filed on behalf of Beneficiary (if applicable); NOTE: For all foreign documents, see the DOS Visa Reciprocity Table for the appropriate country to make sure you are submitting the preferred version of each document issued for that country https://travel.state.gov/‌content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html. Additional Notes: _____________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Sample Packet Preparation and Review Checklist for Non-Marriage-Based, Concurrently Filed I-130 and I-485 Petitioner: _____________________________________________________________ Beneficiary: _____________________________________________________________ Date of Review: ___________________________ Fees: I-130 Fee: $535 (verify current filing fee in Filing Fee section of https://www.uscis.gov/i-130) I-485 Fee: Applicant age 14 – 78: $1225 ($1140 + $85 biometrics fee) Applicant age 13 or less: Filing together with Parent: $750 ($750 + $0 biometrics fee) Not filing with Parent: $1140 ($1140 + $0 biometrics fee) Applicant age 79 or older: $1140 ($1140 + $0 biometrics fee) Verify current filing fee and biometrics fee in Filing Fee section at https://www.uscis.gov/i-485 I-485A Fee: $1000 – If applying under INA 245(i) (verify current filing fee in Filing Fee section at https://www.uscis.gov/i-485supa) N/A All checks signed (it is recommended, but not required, to submit a separate check for each fee); or G-1450 Authorization for Credit Card Transaction properly executed (a separate form is required for each petition/application. The G-1450 can only be used in certain situations and has very specific requirements that must be followed or the filing will be rejected. See “How to Pay with a Credit Card” at https://www.uscis.gov/forms/filing-fees/pay-with-a-credit-card) USCIS filing address correct (check against filing address listed on USCIS website https://www.uscis.gov/i-485) Two (or four) passport-style photos of Beneficiary/Applicant (Although only two photographs of the Applicant are required, it is better to provide 4 photographs: two for the I-485, and two for the I-765, in case these applications become separated from each other.) G-28 Notice of Appearance as Attorney for Petitioner – all pages included, and current edition being used (check against accepted editions listed in the “Edition Date” section at https://www.uscis.gov/g-28) G-28s for Beneficiary/Applicant (one G-28 is sufficient, but best practice is to provide a G-28 for each of the I-485, I-131 and I-765) – all pages included, and current edition being used I-130 Petition for Alien Relative – all pages included, and current edition being used (check against accepted editions listed in the “Edition Date” section at https://www.uscis.gov/i-130) I-485 Application for Adjustment of Status – all pages included, and current edition being used (check against accepted editions listed in the “Edition Date” section at https://www.uscis.gov/i-485) I-485A – If applying under INA §245(i) – all pages included, and current edition being used (check against accepted editions listed in the “Edition Date” section at https://www.uscis.gov/i-485supa) N/A I-864 Affidavit of Support Under INA §213A (or I-864EZ) executed by Petitioner – all pages included, and current edition being used (check against accepted editions listed in the “Edition Date” section at https://www.uscis.gov/i-864 or https://www.uscis.gov/i-846ez) N/A – Filing I-864W because Beneficiary is exempt from requirement to submit an I-864. All pages included, and current edition being used (check against accepted editions listed in the “Edition Date” section at https://www.uscis.gov/i-864w) I-864 for Co-Sponsor included (if required because the Petitioner’s income and/or assets are not sufficient) N/A I-864A Contract Between Sponsor and Household Member (if there is a Joint Sponsor Household Member in the same household as the Sponsor and/or Co-Sponsor) – all pages included, and current edition being used (check against accepted editions listed in the “Edition Date” section at https://www.uscis.gov/i-864a) N/A I-131 Application for Travel Document – all pages included, and current edition being used (check against accepted editions listed in the “Edition Date” section at https://www.uscis.gov/i-131) I-765 Application for Employment Authorization – all pages included, and current edition being used (check against accepted editions listed in the “Edition Date” section at https://www.uscis.‌gov/i-765) Forms signed by Petitioner: G-28 I-130 I-864 or I-864EZ for Petitioner I-864 for Co-Sponsor (if applicable) I-864A (if applicable) Forms signed by Beneficiary/Applicant (Parent or Legal Guardian can sign for Child age 13 or younger): G-28(s) I-485 I-485A (if applicable) I-131 I-765 I-864/I-864A signed by Co-Sponsor(s)/Joint Sponsor(s) (if applicable) All forms signed by Attorney Forms signed by Interpreter (if applicable) Additional Issues: Name of Petitioner spelled correctly on I-130 Correct Relationship indicated in I-130 Name of Beneficiary/Applicant spelled correctly on all forms Correct basis for eligibility is selected on the I-485 (C)(9) listed as Eligibility Category on I-765 Date of Intended Departure listed on I-131 is a future date Individual Income and Household Income listed on I-864(s) matches evidence of income provided Total Income as Reported on Federal Income Tax Returns matches the Total Income listed on the tax return (or Adjusted Gross Income if filed using Form 1040-EZ) Supporting Documents: Certified translation included along with copy of the original for all non-English documents. N/A For I-130: For All: Proof that Petitioner is a U.S. citizen or Legal Permanent Resident Copy of U.S. Birth Certificate; Copy of naturalization or citizenship certificate; A copy of Form FS-240, Consular Report of Birth Abroad (CRBA); A copy of unexpired U.S. passport (the three options above are preferable to this option as USCIS will sometimes question the validity of a U.S. passport as proof of U.S. citizenship); A copy of the front and back of Permanent Resident Card (Green Card or Form I-551); A copy of valid I-551 stamp in passport; Copy of any legal name change documents for Petitioner and/or Beneficiary (if applicable). Where the Petitioner is a U.S. Citizen and the Beneficiary is their Mother: Petitioner’s Birth Certificate listing the Beneficiary as the Petitioner’s Mother. Where the Petitioner is a U.S. Citizen and the Beneficiary is their Father: Petitioner’s Birth Certificate listing both Parents showing the Beneficiary as the Petitioner’s Father (where applicable); Marriage Certificate showing the Beneficiary was married to the Petitioner’s Mother at the time that the Petitioner was born, or showing that the Beneficiary married the Petitioner’s Mother prior to the Petitioner’s 18th birthday (where applicable); And proof of termination of any prior marriages for Petitioner’s Parents prior to their marriage (if applicable) (Divorce Decree, Order of Annulment, or Death Certificate); If the Petitioner was born out of wedlock and their Parents did not marry before the Petitioner’s 18th birthday, submit evidence that the Child (Petitioner) was legitimated under the law of the Child’s residence or domicile, or under the law of the Parent’s residence or domicile, before the Child reached 18 years of age; Or if the Child (Petitioner) was not legitimated before their 18th birthday, submit evidence that a bona fide Parent-Child relationship existed between the Father and the Child before the Child reached 21 years of age. This may include evidence that the Father lived with the Child, supported them, or otherwise showed continuing parental interest in the Child’s welfare. Where the Petitioner is a U.S. Citizen or Lawful Permanent Resident, and the Beneficiary is their Stepfather or Stepmother: Petitioner’s Birth Certificate listing both biological Parents; Marriage Certificate showing the marriage that created the Stepparent/Stepchild relationship occurred prior to the Petitioner’s 18th birthday (where applicable); And proof of termination of any prior marriages for the Beneficiary and the Biological Parent prior to their marriage (if applicable) (Divorce Decree, Order of Annulment, or Death Certificate). Where the Petitioner is a U.S. Citizen or Lawful Permanent Resident and is the Mother of the Beneficiary: Beneficiary’s Birth Certificate listing the Petitioner as the Beneficiary’s Mother. Where the Petitioner is a U.S. Citizen or Lawful Permanent Resident and is the Father of the Beneficiary: Beneficiary’s Birth Certificate listing both Parents showing the Petitioner as the Beneficiary’s Father (where applicable); Marriage Certificate showing the Petitioner was married to the Beneficiary’s Mother at the time that the Beneficiary was born, or showing that the Petitioner married the Beneficiary’s Mother prior to the Beneficiary’s 18th birthday (where applicable); And Proof of termination of any prior marriages for Beneficiary’s Parents prior to their marriage (if applicable) (Divorce Decree, Order of Annulment, or Death Certificate); If the Beneficiary was born out of wedlock and their Parents did not marry before the Beneficiary’s 18th birthday, submit evidence that the Child (Beneficiary) was legitimated under the law of the Child’s residence or domicile, or under the law of the Father’s residence or domicile, before the Child reached 18 years of age; Or if the Child (Beneficiary) was not legitimated before their 18th birthday, submit evidence that a bona fide Parent-Child relationship existed between the Father and the Child before the Child reached 21 years of age. This may include evidence that the Father lived with the Child, supported him or her, or otherwise showed continuing parental interest in the Child’s welfare. Where the Petitioner is a U.S. Citizen or Lawful Permanent Resident and is the Stepfather or Stepmother of the Beneficiary: Beneficiary’s Birth Certificate listing both biological Parents; Marriage Certificate showing the marriage that created the Stepparent/Stepchild relationship occurred prior to the Beneficiary’s 18th birthday (where applicable); And proof of termination of any prior marriages for the Petitioner and the Biological Parent prior to their marriage (if applicable) (Divorce Decree, Order of Annulment, or Death Certificate). Where the Beneficiary is the Petitioner’s Adoptive Parent or Adopted Child: Copy of the adoption decree showing that the adoption took place before the Child turned 16 years of age; If the Parent adopted a Child under 16 years of age and also adopted the older sibling of that Child, the Parent may file a petition for the older Child if the adoption occurred before the older Child turned 18 years of age. You must submit a copy of the adoption decree showing that the adoption of the sibling occurred before the sibling turned 18 years of age; Copies of evidence that the Child was in the legal custody of and resided with the Parents who adopted them for at least two (2) years before or after the adoption prior to the filing of the I-130 Petition. Only a court or recognized government entity may grant legal custody, and it is usually granted at the time the adoption is finalized. However, if legal custody is granted by a court or recognized government entity prior to the adoption, that time may count toward fulfilling the 2-year legal custody requirement. IMPORTANT: If the adopted Child is from a country that is a signatory to the Hague Convention on Adoption (see list of countries at https://travel.state.gov/content/travel/en/Intercountry-Adoption/Adoption-Process/understanding-the-hague-convention/convention-countries.html), there are significant additional requirements in order to be able to petition for an adopted Child from a Hague Convention Country (for additional information see https://www.uscis.gov/‌adoption/‌immigration‌-through-adoption/hague-process and https://travel.state.gov/content‌/travel/‌en/Intercountry-Adoption/Adoption-Process/understanding-the-hague-convention.html). Where the Petitioner is a U.S. Citizen and the Beneficiary is the Petitioner’s Sibling: Copy of the Petitioner’s Birth Certificate listing both Parents; Copy of the Beneficiary’s Birth Certificate listing both Parents; If Petitioner and Beneficiary have a common Father but different Mothers: Copies of the marriage certificates showing that their Father was married to each Mother at the time of each Child’s birth (that each Child was born in wedlock) or showing that their Father married each Mother prior to each sibling’s 18th birthday (that the Father qualifies as a Stepparent); Copies of documents showing that any prior marriages were legally terminated prior to the Father marrying each Mother; If either sibling was not born to the Father in wedlock and does not qualify as a Stepchild to the Father, see “Where the Petitioner is a U.S. Citizen or Lawful Permanent Resident and is the Father of the Beneficiary” above for additional instructions on showing the required Father-Child relationship; If the Petitioner and Beneficiary are siblings through adoption by the same Parent(s), see “Where the Beneficiary is the Petitioner’s Adoptive Parent or Adopted Child” above for additional instructions on showing the required Parent-Child relationship needed to show that they are siblings through a shared Parent or Parents; Certified translation included along with copy of the originals for all non-English documents. For I-485: Beneficiary/Applicant’s Birth Certificate (must be “long-form” Birth Certificate that lists Parents’ names). If the Applicant’s birth was registered more than a year after the date of their birth, include other acceptable secondary evidence of birth such as church, school, medical records, or two Affidavits in Lieu of Birth Certificate. If the Birth Certificate is unavailable or does not exist (for example if birth never registered), submit proof of unavailability or nonexistence (such as Letter of Unavailability from appropriate government office) along with other acceptable secondary evidence; Legal name-change documents, such as Marriage Certificate, Divorce Decree, Court Order of Name Change, etc. (if legal name has changed since birth); Identification Document (passport, driver’s license, or other government-issued photo ID); Proof of that the Beneficiary was inspected and admitted/paroled upon most recent entry (unless applying under INA §245(i)): Passport; Visa; Entry Stamp in passport; I-94; Advance Parole Document (if applicable); Border Crossing Card (if applicable); Other evidence that Beneficiary was inspected and admitted or paroled (if applicable); Proof of Maintenance of Status (not required for Immediate Relative spouse of U.S. Citizen, Parent of U.S. Citizen, or Unmarried Child of U.S. Citizen under the age of 21); I-797 Approval Notice(s)/Receipt Notices for Change or Extension of Nonimmigrant Status; I-20s (if was in F-1/F-2) or DS-2019 (If was in J-1/J-2); EAD; Copy of Certified Court Dispositions of any criminal charges, arrests, or convictions (if applicable); N/A Copy of Police Report of any criminal charges, arrests, citations (if applicable); N/A Copy of Approval Notice for I-612 or proof that Applicant has met the two-year home residency requirement if Applicant was in J-1/J-2 status subject to the INA §212(e) home residence requirement. For I-485A (if applying under 245(i)): N/A – Not applying under INA §245(i); Proof that grandfathering Labor Certification or Immigrant Petition was filed by 4/20/2001 or 1/14/1998 (Receipt Notice, Approval Notice, Certified LC, Letter from State DOL that received the LC, etc.); Proof that Primary Beneficiary was physically in the Unites States on 12/21/00 (if grandfathering LC or Petition filed after 1/14/1998); For I-864/I-864EZ/I-864A: Include the following for the Petitioner. Also include the following for each Co-Sponsor or Joint Sponsor/Household Member submitting an I-864 or I-864A: IRS Tax Return Transcript or copy of Federal Income Tax Return for the most recent tax year. If providing a copy of the Federal Income Tax Return, or if providing a Tax Return Transcript where filed jointly with spouse, include a copy of every Form W-2 and Form 1099 that relates to that return. Sponsor did not file an IRS tax return for the most recent year - Provide evidence that they were not required to file, such as a letter from a CPA explaining why they were exempt. Proof of U.S. citizenship or Legal Permanent Resident status: Copy of birth certificate if born in the United States; Copy of Naturalization Certificate; Copy of biographic page of U.S. Passport; Copy of Permanent Resident Card (Green Card); Copy of valid I-551 stamp in passport; If the Petitioner/Sponsor is using the I-485 Applicant intending immigrant’s income to meet the required income level provide copy of the Beneficiary’s EAD or I-94 showing work authorization pursuant to status as proof of legal work authorization in the United States and proof that the intending immigrant’s current employment will continue from the same source if their income is being used; Letter of employment; should be on business letterhead and must include annual pay (salary or hourly), total hours worked, occupation and hire date; If letter of employment is not available, 6 months’ worth of pay stubs; If self-employed, provide a letter from CPA stating annual income and what position is AND a copy of the business license or other documentation showing ownership of the company; If self-employed, provide a copy of Schedule C, D, E, or F from most recent Federal income tax return which establishes income from your business; If using assets to meet the requirements under INA §213A, proof of ownership of each listed asset, value of each asset listed, and documentation of any liens or mortgages on each asset listed. If listing one or more vehicles, include proof of ownership of at least one additional vehicle beyond the vehicle(s) listed in the Affidavit of Support; Proof of domicile in the United States (i.e., valid driver’s license or ID); If the petitioning sponsor is on active duty in the U.S. armed forces or U.S. Coast Guard and is sponsoring their spouse or child using 100 percent of the Federal Poverty Guidelines, proof of their active military status. If using an I-864A to use the income of a Household Member, proof of their residency in the sponsor’s household and relationship to the sponsor (if they are not the intending immigrants or are not listed as dependents on the sponsor’s Federal income tax return for the most recent tax year). For I-864W (if applicable): N/A – I-864 Submitted by Petitioner All Social Security Act (SSA) forms necessary to establish that Applicant has or can receive credit for 40 quarters of work under the SSA. (Not required if filing I-864W for child who will automatically become a U.S. citizen under the Child Citizenship Act); Additional forms to be included with the I-485 Application packet where applicable: Form I-508, Waiver of Diplomatic Rights, Privileges, Exemptions, and Immunities; Form I-566, Interagency Record of Request – A, G, or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G, or NATO Status; Form I-601 Application for Waiver of Grounds of Inadmissibility; Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal. NOTES: ____________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Sample Packet Preparation and Review Checklist for Non-Marriage-Based, Standalone I-130 Petition Petitioner: ______________________________________________________________________ Beneficiary: ______________________________________________________________________ Date of Review/Preparation: ________________________ Petition for: □ Parent □ Child □ Sibling Fees: $535 – I-130 Filing Fee (verify current filing fee in Filing Fee section of https://www.uscis.gov/i-130) Check(s) signed OR G-1450 Authorization for Credit Card Transaction properly executed (A separate form is required for each petition/application. The G-1450 can only be used in certain situations and has very specific requirements that must be followed or the filing will be rejected. See “How to Pay with a Credit Card” at https://www.uscis.gov/forms/filing-fees/pay-with-a-credit-card) USCIS filing address correct (check against filing address listed on USCIS website https://www.uscis.gov/i-130) Form G-1145, E-Notification of Application/Petition Acceptance is completed with the Petitioner’s information and included on the front of the petition if Petitioner would like to receive electronic notice of acceptance from USCIS Form G-28 Notice of Appearance as Attorney for Petitioner – all pages of form included, and current edition of form used (check against accepted editions listed in the “Edition Date” section at https://www.uscis.gov/g-28) Form I-130 Immigrant Petition for Alien Relative – all pages of form included, and current edition of form used (check against accepted editions listed in the “Edition Date” section at https://www.uscis.gov/i-130) G-28 and I-130 signed by Petitioner G-28 and I-130 signed by Attorney I-130 signed by Interpreter (if applicable) Correct Relationship between Petitioner and Beneficiary indicated in I-130 Petitioner’s U.S. citizenship or Lawful Permanent Resident status correctly listed in I-130 I-130 correctly lists whether Beneficiary will be applying for an Immigrant Visa at the correct U.S. consular post abroad or whether Beneficiary will be filing I-485 Supporting Documents: For All: Proof that Petitioner is a U.S. citizen or Legal Permanent Resident: Copy of U.S. birth certificate; Copy of naturalization or citizenship certificate; A copy of Form FS-240, Consular Report of Birth Abroad (CRBA); A copy of unexpired U.S. passport (the three options above are preferable to this option as USCIS will sometimes question the validity of a U.S. passport as proof of U.S. citizenship); A copy of the front and back of Permanent Resident Card (Green Card or Form I-551); A copy of valid I-551 stamp in passport; Copy of any legal name-change documents for Petitioner and/or Beneficiary (if applicable). Certified English translation of any document being submitted that in a language other than English (must include both a copy of the original language document AND the English translation). Where the Petitioner is a U.S. Citizen and the Beneficiary is Petitioner’s Mother: Petitioner’s Birth Certificate listing the Beneficiary as the Petitioner’s Mother. Where the Petitioner is a U.S. Citizen, and the Beneficiary is Petitioner’s Father: Petitioner’s Birth Certificate listing both Parents showing the Beneficiary as the Petitioner’s Father (where applicable); Marriage Certificate showing the Beneficiary was married to the Petitioner’s Mother at the time that the Petitioner was born or showing that the Beneficiary married the Petitioner’s Mother prior to the Petitioner’s 18th birthday (where applicable); And proof of termination of any prior marriages for Petitioner’s Parents prior to their marriage (If applicable) (Divorce Decree, Order of Annulment, or Death Certificate); If the Petitioner was born out of wedlock and their Parents did not marry before the Petitioner’s 18th birthday, submit evidence that the Child (Petitioner) was legitimated under the law of the Child’s residence or domicile or under the law of the Parent’s residence or domicile before the Child reached 18 years of age; Or if the Child (Petitioner) was not legitimated before their 18th birthday, submit evidence that a bona fide Parent-Child relationship existed between the Father and the Child before the Child reached 21 years of age. This may include evidence that the Father lived with the Child, supported him or her, or otherwise showed continuing parental interest in the Child’s welfare. Where the Petitioner is a U.S. Citizen or Lawful Permanent Resident, and the Beneficiary is Petitioner’s Stepfather or Stepmother: Petitioner’s Birth Certificate listing both biological Parents; Marriage Certificate showing the marriage that created the Stepparent/Stepchild relationship occurred prior to the Petitioner’s 18th birthday (where applicable); And proof of termination of any prior marriages for the Beneficiary and the Biological Parent prior to their marriage (if applicable) (Divorce Decree, Order of Annulment, or Death Certificate). Where the Petitioner is a U.S. Citizen or Lawful Permanent Resident and is the Mother of the Beneficiary: Beneficiary’s Birth Certificate listing the Petitioner as the Beneficiary’s Mother. Where the Petitioner is a U.S. Citizen or Lawful Permanent Resident and is the Father of the Beneficiary: Beneficiary’s Birth Certificate listing both Parents, showing the Petitioner as the Beneficiary’s Father (where applicable); Marriage Certificate showing the Petitioner was married to the Beneficiary’s Mother at the time that the Beneficiary was born, or showing that the Petitioner married the Beneficiary’s Mother prior to the Beneficiary’s 18th birthday (where applicable); And Proof of termination of any prior marriages for Beneficiary’s Parents prior to their marriage (If applicable) (Divorce Decree, Order of Annulment, or Death Certificate); If the Beneficiary was born out of wedlock and their Parents did not marry before the Beneficiary’s 18th birthday, submit evidence that the Child (Beneficiary) was legitimated under the law of the Child’s residence or domicile, or under the law of the Father’s residence or domicile, before the Child reached 18 years of age; Or if the Child (Beneficiary) was not legitimated before their 18th birthday, submit evidence that a bona fide Parent-Child relationship existed between the Father and the Child before the Child reached 21 years of age. This may include evidence that the Father lived with the Child, supported them, or otherwise showed continuing Parental interest in the Child’s welfare. Where the Petitioner is a U.S. Citizen or Lawful Permanent Resident and is the Stepfather or Stepmother of the Beneficiary: Beneficiary’s Birth Certificate listing both biological Parents; Marriage Certificate showing the marriage that created the Stepparent/Stepchild relationship occurred prior to the Beneficiary’s 18th birthday (where applicable); And proof of termination of any prior marriages for the Petitioner and the Biological Parent prior to their marriage (If applicable) (Divorce Decree, Order of Annulment, or Death Certificate). Where the Beneficiary is the Petitioner’s Adoptive Parent or Adopted Child: Copy of the adoption decree showing that the adoption took place before the Child turned 16 years of age; If the Parent adopted a Child under 16 years of age, and also adopted the older sibling of that Child, the Parent may file a petition for the older Child if the adoption occurred before the older Child turned 18 years of age. You must submit a copy of the adoption decree showing that the adoption of the sibling occurred before the sibling turned 18 years of age; Copies of evidence that the Child was in the legal custody of and resided with the Parents who adopted them for at least two (2) years before or after the adoption prior to the filing of the I-130 Petition. Only a court or recognized government entity may grant legal custody, and it is usually granted at the time the adoption is finalized. However, if legal custody is granted by a court or recognized government entity prior to the adoption, that time may count toward fulfilling the 2-year legal custody requirement; IMPORTANT: If the adopted Child is from a country that is a signatory to the Hague Convention on Adoption (see list of countries at https://travel.state.gov/content/travel/en/Intercountry-Adoption/Adoption-Process/understanding-the-hague-convention/convention-countries.html), then there are significant additional requirements in order to be able to petition for an adopted Child from a Hague Convention Country (for additional information see https://www.uscis.gov/‌adoption/immigration-through-adoption/hague-process and https://travel.state.gov/content/‌travel/‌en/Intercountry-Adoption/Adoption-Process/understanding-the-hague-convention.html). Where the Petitioner is a U.S. Citizen and the Beneficiary is the Petitioner’s Sibling: Copy of the Petitioner’s birth certificate listing both Parents; Copy of the Beneficiary’s birth certificate listing both Parents; If Petitioner and Beneficiary have a common Father but different Mothers: Copies of the marriage certificates showing that their Father was married to each Mother at the time of each Child’s birth (that each Child was born in-wedlock) or showing that their Father married each Mother prior to each sibling’s 18th birthday (that the Father qualifies as a Stepparent); Copies of documents showing that any prior marriages were legally terminated prior to the Father marrying each Mother; If either sibling was not born to the Father in wedlock and does not qualify as a Stepchild to the Father, see “Where the Petitioner is a U.S. Citizen or Lawful Permanent Resident and is the Father of the Beneficiary” above for additional instructions on showing the required Father-Child relationship; If the Petitioner and Beneficiary are siblings through adoption by the same Parent(s), see “Where the Beneficiary is the Petitioner’s Adoptive Parent or Adopted Child,” above for additional instructions on showing the required Parent-Child relationship needed to show that they are siblings through a shared Parent or Parents; Certified translation included along with copy of the original for all non-English documents. Additional Documentation You May Wish to Include: Petitioner’s Birth Certificate; Beneficiary’s Birth Certificate; Proof of that the Beneficiary was inspected and admitted/paroled upon most recent entry (if filing for F-2A Petition for LPR Petitioner and Beneficiary will be applying for Adjustment of Status): Passport; Visa; Entry Stamp in passport; I-94; Advance Parole Document (if applicable); Border Crossing Card (if applicable); Other evidence that Beneficiary was inspected and admitted or paroled (if applicable); Proof of Beneficiary’s Maintenance of Status (if filing for F-2A Petition for LPR Petitioner and Beneficiary will be applying for Adjustment of Status): I-797 Approval Notice(s)/Receipt Notices for Change or Extension of Nonimmigrant Status; I-20s (if was in F-1/F-2) or DS-2019 (if they were in J-1/J-2 status); EAD; Explanation and additional evidence addressing any prior Denials of I-130 petitions filed on behalf of Beneficiary (if applicable). For all foreign documents, see the DOS Visa Reciprocity Table for the appropriate country to make sure you are submitting the preferred version of each document issued for that country https://travel.‌state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html Sample Packet Preparation and Review Checklist for I-485 Application Based on Entry on K-1/K-2 Fiancé(e) Visa Applicant: _______________________________________________________________________ U.S. Citizen Spouse/Stepparent: _________________________________________________________ Date of Review/Preparation: _________________________ Fees: Applicant age 14 – 78: $1225 ($1140 + $85 biometrics fee) Applicant age 13 or less: Filing together with Parent: $750 ($750 + $0 biometrics fee) Not filing with Parent: $1140 ($1140 + $0 biometrics fee) Applicant age 79 or older: $1140 ($1140 + $0 biometrics fee) Verify current filing fee and biometrics fee in Filing Fee section at https://www.uscis.gov/i-485 Check(s) or money order(s) signed; or G-1450 Authorization for Credit Card Transaction properly executed (A separate form is required for each petition/application. The G-1450 can only be used in certain situations and has very specific requirements that must be followed or the filing will be rejected. See “How to Pay with a Credit Card” at https://www.uscis.gov/forms/filing-fees/pay-with-a-credit-card) Filing Address: USCIS filing address correct (check against filing address listed on USCIS website https://www.uscis.gov/i-485) Forms: G-28s for Applicant (One G-28 is sufficient, but best practice is to provide a G-28 for each of the I-485, I-131, and I-765.) – all pages included, and current edition being used (check against accepted editions listed in the “Edition Date” section at https://www.uscis.gov/g-28) G-28 Notice of Appearance as Attorney for the U.S. Citizen Spouse/Step-parent – all pages included, and current edition being used I-485 Application for Adjustment of Status – all pages included, and current edition being used (check against accepted editions listed in the “Edition Date” section at https://www.uscis.gov/i-485) I-864 Affidavit of Support Under INA §213A (or I-864EZ) executed by U.S. Citizen Spouse – all pages included, and current edition being used (check against accepted editions listed in the “Edition Date” section at https://www.uscis.gov/i-864 or https://www.uscis.gov/i-846ez) N/A – Submitting I-864W Request for Exemption for Intending Immigrant's Affidavit of Support. All pages included, and current edition being used (check against accepted editions listed in the “Edition Date” section at https://www.uscis.gov/i-864w) I-864 for Co-Sponsor included (if required because the U.S. Citizen Spouse’s income and/or assets are not sufficient) N/A I-864A Contract Between Sponsor and Household Member (if there is a Joint Sponsor Household Member in the same household as the Sponsor and/or Co-Sponsor) – all pages included, and current edition being used (check against accepted editions listed in the “Edition Date” section at https://www.uscis.gov/i-864a) N/A I-131 Application for Travel Document – all pages included, and current edition being used (check against accepted editions listed in the “Edition Date” section at https://www.uscis.gov/i-131) I-765 Application for Employment Authorization – all pages included, and current edition being used (check against accepted editions listed in the “Edition Date” section at https://www.uscis.‌gov/i-765) Forms signed by Applicant: G-28(s) I-485 I-131 I-765 I-864W (if applicable) Forms signed by U.S. Citizen Spouse/Stepparent (required if Applicant not submitting I-864W instead): G-28 I-864 or I-864EZ I-864 for Co-Sponsor (if applicable) I-864A (if applicable) I-864/I-864A signed by Co-Sponsor(s)/Joint Sponsor(s) (if applicable) All forms signed by Attorney: _____________________________________________________ Forms signed by Interpreter (if applicable) ___________________________________________ N/A Applicant’s name is correctly spelled on all forms Correct basis for eligibility is selected on the I-485 – Person Admitted to the United States as fiancé(e) or child of a fiancé(e) of a U.S. Citizen, Form I129F (K-1/K-2 Nonimmigrant) Eligibility Category entered on I-765 is “(c)(9)” Date of Intended Departure listed on I-131 is a future date Individual Income and Household Income listed on I-864(s) matches evidence of income provided Total Income as Reported on Federal Income Tax Returns matches the Total Income listed on the tax return (or Adjusted Gross Income if filed using Form 1040-EZ) Supporting Documents: Two (or six) passport-style photos of Applicant (Although two photographs of the Applicant are required, it is better to provide 6 photographs: 2 for the I-485 and 2 for the I-765, and 2 for the I-131 in case any of these applications become separated from each other.) Certified translation included along with copy of the original for all non-English documents. For I-485: Applicant’s birth certificate (must be “long-form” birth certificate that lists parents’ names). If the Applicant’s birth was registered more than a year after the date of their birth, include other acceptable secondary evidence of birth such as church, school, medical records, or two Affidavits in Lieu of Birth Certificate. If the birth certificate is unavailable or does not exist (for example if birth never registered), submit proof of unavailability or nonexistence (such as Letter of Unavailability from appropriate government office) along with other acceptable secondary evidence; Copy of adoption decree if K-2 child is related to the K-1 parent through adoption; N/A Copy of any additional legal name change documents for the Applicant, such as Marriage Certificate, Divorce Decree, Court Order of Name Change, etc. (if applicable); N/A Proof that the I-129F Petitioner is a U.S. citizen; Copy of U.S. birth certificate; Copy of naturalization or citizenship certificate; A copy of Form FS-240, Consular Report of Birth Abroad (CRBA); A copy of unexpired U.S. passport (the three options above are preferable to this option as USCIS will sometimes question the validity of a U.S. passport as proof of U.S. citizenship); Marriage Certificate showing that the K-1 fiancé(e) married the K-1 I-129F Petitioner within 90 days of entering the U.S. on the K-1 visa; Copy of Form I-797 Approval Notice for the Form I-129F Petition; If K-2 child is not filing their I-485 concurrently with their K-1 parent’s I-485, then include copy of I-797 Notice of Receipt for parent’s pending I-485 Application or copy of front and back of parent’s green card; Proof of that the Applicant entered as a K-1/K-2 visa and was inspected and admitted/paroled upon most recent entry: Passport; Visa; Entry Stamp in passport; I-94; Additional proof of the bona fides of the marriage (See Suggested Evidence of the Bona Fides of a Marriage). If the couple has only recently married, there will not be much available to provide. Copy of Certified Court Dispositions of any criminal charges, arrests, or convictions (if applicable); N/A Copy of Police Report of any criminal charges, arrests, citations (if applicable); N/A Copy of Approval Notice for I-612 or proof that Applicant has met the two-year home residency requirement if Applicant was in J-1/J-2 status subject to the INA §212(e) home-residence requirement. N/A – Applicant never subject to INA §212(e) Form I-693 (Medical Exam) – but if the medical exam overseas was done in conjunction with the K-1/K-2 application is less than a year old when the adjustment of status is filed, you might not be required to submit an I-693, but you may still be required to submit proof that you complied with the vaccination requirement (see I-693 Instructions for further guidance at https://www.uscis.gov/i-693). Alternatively, you can file the I-485 without the Form I-693 and instead provide the I-693 at the USCIS interview or in response to an RFE; I-693 not submitted with I-485; For I-864/I-864EZ/I-864A: Include the following for the Petitioner. Also include the following for each Co-Sponsor or Joint Sponsor/Household Member submitting an I-864 or I-864A: IRS Tax Return Transcript or copy of Federal Income Tax Return for the most recent tax year. If providing a copy of the Federal Income Tax Return, or if providing a Tax Return Transcript where filed jointly with spouse, include a copy of every Form W-2 and Form 1099 that relates to that return. Sponsor did not file an IRS tax return for the most recent year - Provide evidence that they were not required to file, such as a letter from a CPA explaining why they were exempt. Proof of U.S. citizenship or Legal Permanent Resident status: Copy of birth certificate if born in the United States; Copy of Naturalization Certificate; Copy of biographic page of U.S. Passport; Copy of Permanent Resident Card (Green Card); Copy of valid I-551 stamp in passport; If the Petitioner/Sponsor is using the I-485 Applicant intending immigrant’s income to meet the required income level provide copy of the Beneficiary’s EAD or I-94 showing work authorization pursuant to status as proof of legal work authorization in the United States and proof that the intending immigrant’s current employment will continue from the same source if his or her income is being used. Letter of employment; should be on business letterhead and must include annual pay (salary or hourly), total hours worked, occupation and hire date; If letter of employment is not available, 6 months’ worth of pay stubs; If self-employed, provide a letter from CPA stating annual income and what position is AND a copy of the business license or other documentation showing ownership of the company; If self-employed, provide a copy of Schedule C, D, E, or F from most recent Federal income tax return which establishes income from your business. If using assets to meet the requirements under INA §213A, proof of ownership of each listed asset, value of each asset listed, and documentation of any liens or mortgages on each asset listed. If listing one or more vehicles, include proof of ownership of at least one additional vehicle beyond the vehicle(s) listed in the Affidavit of Support; Proof of domicile in the United States (i.e., valid driver’s license or ID); If the petitioning sponsor is on active duty in the U.S. Armed Forces or U.S. Coast Guard and is sponsoring their spouse or child using 100 percent of the Federal Poverty Guidelines, proof of their active military status. If using an I-864A to use the income of a Household Member, proof of their residency in the sponsor’s household and relationship to the sponsor (if they are not the intending immigrants or are not listed as dependents on the sponsor’s Federal income tax return for the most recent tax year). Additional forms to be included with the I-485 Application Packet where applicable: Form I-601 Application for Waiver of Grounds of Inadmissibility – Use this form to seek a waiver of grounds of inadmissibility if applicant is subject to ground of inadmissibility to the United States (If a Form I-601 was approved when applying for the K-1/K-2 visa, you might not need to file an I-601 with the I-485 application for ground of inadmissibility previously included in the prior I-601) ; Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal – Use this form to seek consent to reapply if applicant is inadmissible under INA section 212(a)(9)(A) or (C). NOTES: ____________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ Sample Packet Preparation and Review Checklist for I-765 and/or I-131 for Renewal of Employment Authorization Document and/or Advance Parole Travel Document Based on a Pending I-485 Applicant: ________________________________________________________________ Date of Review: ______________________________ Fees: No Fees Required where I-765 and I-131 are based upon a Pending I-485 Application that was filed on or after July 30, 2007; USCIS filing address correct (check against filing address listed on USCIS website at https://www.uscis.gov/i-765 and/or https://www.uscis.gov/i-131); Two passport-style photos of Applicant; G-28 Notice of Appearance as Attorney for Applicant – all pages included, and current edition being used (check against accepted editions listed in the “Edition Date” section at https://www.uscis.gov/g-28); I-765 Application for Employment Authorization – all pages included, and current edition being used (check against accepted editions listed in the “Edition Date” section at https://www.uscis.gov/i-765); I-131 Application for Travel Document – all pages included, and current edition being used (check against accepted editions listed in the “Edition Date” section at https://www.uscis.gov/i-131) Copy of Receipt Notice for pending I-485 Application; Copy of the front and back if your most recently issued Employment Authorization Document (EAD), if available (required only if filing I-765); Copy of an official photo identity document showing photo, name, and date of birth. The copy must clearly show the photo and identity information. Examples include: Current Employment Authorization Document (if you are already submitting a copy of the front and back of Applicant’s current unexpired EAD, then no additional photo ID is required); Valid government-issued driver’s license; Passport identity page; or Any other official identity document. As of this writing, USCIS is often denying I-131 applications based upon I-485 Applications filed under INA §245(i). Therefore, if filing I-131, it is recommended that you include the following: If pending I-485 is based upon an Immediate Relative I-130 Petition, include a copy of the Applicant’s I-94 or other documentation showing that they were inspected and admitted or paroled when they last entered the United States; If pending I-485 is based upon a Preference Classification I-130 or I-140, include a copy of Applicants current or previous Form I-94 (or other immigration documentations) showing that Applicant is currently in valid nonimmigrant status or was in valid nonimmigrant status at the time of filing the I-485 Application; If pending I-485 is based upon INA §245(i), include a copy of evidence of the grandfathering petition or labor certification and proof that the applicant met the physical presence requirement, is applicable. If applying under INA §245(i), USCIS might still deny the I-131 for Advance Parole. If your I-485 application is pending based on a Physician National Interest Waiver (PNIW) I-140, include evidence that you have been working in the Medically Underserved Area toward the 5-year requirement. Sample Notice to Client That I-485 Has Been Filed with USCIS Dear Client : We sent out your green card application (I-485) to USCIS today. Below is a synopsis of what to expect after the green card application is received by USCIS. Please note that all time frames provided are estimates and are subject to change. Please also note that due to COVID-19, the actual time frames for your case may be longer than those listed below. Receipt notices will arrive, via mail, in approximately 2–3 weeks. (NOTE: If your petition is filed before a holiday, there will be an even longer delay in the issuance of your receipt notices.) When they arrive, we will email you to confirm that you have received them. Most likely, your courtesy copies will arrive around the same time. Once you receive the notices, nothing needs to be done; just simply keep them for your records. The fingerprint appointment notice [also known as the Application Support Center (ASC) notice] will arrive in approximately about 30–45 days from the day we file your green card application. When it arrives, we will email you to confirm. Most likely, your courtesy copy will arrive around the same time. On the notice, USCIS will give you a specific date and time to appear at the USCIS Application Support Center in order to be fingerprinted and photographed. This appointment is not your interview. The notice will have instructions telling you what you need to bring on the day of your ASC appointment. Failure to appear for the ASC appointment could result in the denial of your applications, so please let us know as soon as possible if you are unable to attend the appointment at the scheduled date and time. At some point after you are fingerprinted, the application for an Employment Authorization Document (EAD) card and Advance Parole travel document will be adjudicated by USCIS, although you should expect it to take at least 6–8 months from when we filed the application. If your most recent entry into the United States was not a “legal” entry, USCIS might choose not to issue you an Advance Parole travel document. If USCIS does approve the application for Advance Parole travel documents, they will include a notation on the EAD card stating that it is also valid for use as an Advance Parole travel document. USCIS is taking longer than normal to approve the EAD card. The EAD card should come to our office. If USCIS mails the EAD card to you, please let us know when you receive the actual card and send us a copy for our records. From the date that USCIS approved the application for the EAD card, it can take 2–3 weeks for the card to arrive in the mail. The EAD card is usually valid for one year but may be valid for two years in certain cases. If you do not already have a social security card, once the EAD card arrives you can take it to your local social security office to obtain a social security card. If you need to travel outside the United States after your green card application is filed, please contact your attorney of record to discuss your plans prior to booking your trip. In some cases, travelling abroad prior to receiving the Advance Parole travel documents from USCIS will result in the denial of your I-485 application. Once you receive your receipt notice in the mail, you can track changes made by USCIS on your case at www.uscis.gov by clicking the “Check Your Case Status” link. There you can enter your 13-digit receipt number and view the most recent updates that USCIS has posted on the status of your application. You can also sign up for an account to get automatic updates when USCIS posts updates about the status of your application. Green cards applications are taking anywhere from 6–15 months for approval. PLEASE NOTE: If the USCIS online case status ever states that a Request For Evidence (RFE) has been issued for your application, it takes about a week or so before it arrives at our office. We do not know what the RFE says until it arrives. If an RFE is issued in your case, we will let you know once it arrives. Depending on what USCIS is asking for in the RFE, USCIS typically gives us either 33 days or 87 days to respond to their request. After everything is filed, you will normally hear from us only when we hear or receive something from USCIS or there has been some other change in your case. We will keep you informed on your case as needed. Sample Courtesy Notice from USCIS Regrading I-693 Medical Examination Record Sample Cover Letter for Submission for Form I-693 Medical Examination in Response to RFE September 8, 2020 Via FedEx USCIS Attn: Adjustment of Status 850 NW Chipman Rd. Lee's Summit, MO 64063 RE: I-485 Request for Evidence Beneficiary: Jason Martin (A# 201-123-456) Receipt No: MSC2012345678 Dear Sir or Madam: We are in receipt of the Service’s Request for Evidence (“RFE”) dated August 8, 2020, in the above-referenced matter. The RFE seeks a completed Form I-693, Report of Medical Examination and Vaccination Record, for the beneficiary. In response to the Service’s request, please find enclosed the RFE and a completed and sealed Form I-693. We trust that the enclosed documentation satisfies the Service’s request and respectfully request that USCIS approve the submitted I-485. Thank you for your time and consideration of this matter. Sincerely, Sam Smith, Esq. Enclosures Sample (Stokes-Type) Marriage-Based Interview Questions Please review these questions together with your spouse in preparation for your upcoming USCIS interview. This will help you be prepared for a situation where the USCIS Adjudicator chooses to question you and your spouse separately to determine the bona fides of your marriage. In most cases, USCIS adjudicators do not ask these types of questions at the interview, however, sometimes they may ask them if they have concerns about the bona fides of the marriage. It is impossible to know for sure whether or not the USCIS adjudicator will ask these types of questions at your interview. Therefore, I ask all of my clients who are applying for immigration benefits based on a marriage to review these questions together in preparation for the interview. Please note, this list does not contain every possible question that a USCIS adjudicator could ask in this type of interview. Where and when did you meet your spouse? Who introduced you? Where was your wedding? Who was at your wedding? How did you celebrate after your wedding? Where was the celebration? If at a restaurant or bar, what was the name? Who came to the celebration? Where did you spend your honeymoon? How long were you there? Where have you lived with your spouse? [Be prepared to give the addresses (at least the street name and city) and the start dates and end dates (month and year) lived at each address for each place that you and/or your spouse lived at since you met] Who else, besides you and your spouse, live at your current address? Who else, besides you and your spouse, live at your prior address? Do you own your house or rent? (be prepared to answer this question for each place you lived together) How much rent or mortgage do you pay? What color is the carpet in your bedroom? What color is the comforter on your bed? Which one of you normally sleeps closest to the bedroom door? What color is the stove? What color is the dishwasher? How many televisions do you have in your house? In what rooms are they? Do you and your spouse have an account for Netflix/Hulu/Disney+ etc.? What was the last movie (name) you and your spouse saw together? What did you and your spouse have for dinner yesterday (or last meal together)? What TV programs do you and your spouse watch together? Where does your spouse work? What time does your spouse go to work? What time does your spouse come home from work? Do you have any brothers or sisters? What are their names? Where do they live? Are they married? Do they have children? Does your spouse have any brothers or sisters? What are their names? Where do they live? Are they married? Do they have children? What time did you and your spouse get up this morning? What did you do last weekend? What do you and your spouse like to do together? What is your spouse’s favorite restaurant? Who took a shower first this morning? What did you have for breakfast? How many cars do you have? What kind of cars? What color are they? How do you spell your spouse’s full name? (If you normally call your spouse by a nickname, please make sure you know and can comfortably pronounce their full legal name) What is your spouse’s date of birth? Where was your spouse born? What are the names of your spouse’s parents? Where do they live? How often do you talk to your spouse’s parents? How often does your spouse talk to their parents? When did you get married? Where did you get married? What family members attended your wedding? What did you do after the wedding ceremony? (have a party, go out to eat, what was the name of the restaurant, who was there with you etc.) Do you or your spouse have any children? What are their names and ages? Where do they live? What schools do they attend? Does your spouse have any tattoos or scars? If so, what and where are they? What is your home telephone number? What is your spouse’s cell phone number? When did you and your spouse go on your first date? Where did you go for your first date? What did you do on your first date? Where were you living when you met your spouse? Where was your spouse living when he/she first met you? Who proposed to whom? When did the proposal occur? Where did the proposal occurred? Who was there when the proposal occurred? How did they propose? If you did not have a formal proposal, when and how did you decide that you were going to marry each other? Do you/your spouse have an engagement ring? Where did you get the engagement ring? Did you pick the rings together? Do you/your spouse have wedding rings? Where did you get the wedding rings? Did you pick the rings together? Have you taken any trips together? If so, when and where? Have you met your spouse’s family? If so, who did you meet, where and when? Who lives with you now? What is your address? What is the main street you turn off of to get to your house? Is your residence a house, apartment, condo, townhouse, etc.? (be prepared to answer this for any previous residences as well) How many floors are there in your residence? (be prepared to answer this for any previous residences as well) How many bedrooms are in your residence? (be prepared to answer this for any previous residences as well) How many bathrooms are in your residence? (be prepared to answer this for any previous residences as well) What other electronics (stereo, clock, etc.) are in your bedroom and where are they located? How many closets are in your bedroom? What other furniture is in the bedroom? Is there a ceiling fan in your bedroom? Where does your spouse keep his/her socks? Is there carpet or hardwood floors in the bedroom? What color are your bedroom walls? What color is your shower curtain? What color is your spouse’s toothbrush? What color are the bathroom walls? If there is another bedroom, what furniture is in there? What time did you and your spouse go to bed last night? What time did you wake up this morning? Was your spouse also awake or still sleeping? What time did you leave to get to this appointment? What type of car did you come in today? Where did you park for this appointment? Where do you normally park your car at your house? Where does your spouse work? What is your spouse’s work number? How often does your spouse get paid? When did your spouse last work? What were the work hours? When did you last work? What were your work hours? How often do you get paid? Who does the food shopping for your house? What is the closest supermarket to your house? Who normally cooks dinner in your house? Who pays the bills? Who is your spouse’s best friend? What is your spouse’s religion? Does your spouse smoke or drink? If so, what brand of cigarette do they normally smoke? What brand of beer do they normally drink? What type or brand of alcohol do they normally drink? Does your spouse have any medical conditions? What and when was your last argument? How did you celebrate the last major holiday? (New Year, Christmas, birthday)? What did your spouse buy you for your birthday? Christmas? What is your date of birth? What is your spouse’s date of birth? Where were you born? Where was your spouse born? Where were you working when you met your spouse? Where was your spouse working when you met? Do you have any pets? Do you go to church? If so, where? Does your spouse go to church? If so, where? Do you eat meals together on a typical workday? Are you paid by check or direct deposit to bank? Is your spouse paid by check or direct deposit to bank? Is your stove gas or electric? Do you have a computer at home? Where is it located? What time of day were you married? Do you sleep in the same bedroom as your spouse? Last night, what time did you go to bed? What time did your spouse go to bed? Do you or your spouse take medicine every day? If so, what is it for? Where is medicine kept in the house? Where is your mailbox at home? Where are dirty clothes kept? Does the husband shave with a blade or electric razor? If you/your spouse wears a wig(s), where do they keep it when they are not wearing it? Does your spouse wear a bonnet/hair covering when they sleep? Do you celebrate any holidays at home? How do you usually celebrate? Do you decorate the house for the holidays? Sample Tips for Client for Testifying at USCIS Interview for Adjustment of Status While is not required that an attorney accompany you too your USCIS interview, it is strongly recommended. Please confirm with your attorney ahead of time whether your attorney will be accompanying you to the interview; whether there are arrangements being made for another attorney to accompany you to your interview; or whether you wish to go to your interview without an attorney. If an attorney will be accompanying you to the interview, you should understand that the attorney cannot testify for you at the interview. The USCIS officer will be asking you the questions and they will be expecting you to answer the questions. The attorney is there to observe the interview and will only intercede into the interview if they feel that the USCIS officer is acting in a way that they shouldn’t be; if the attorney feels that there was a miscommunication between you and the officer that needs to be corrected; or if the attorney feels that they need to clarify for the USCIS officer how the law applies to your case. IMPORTANT: If your attorney will be appearing telephonically or if your attorney is appearing in person but the USCIS officer calls you for your appointment before the attorney is there (especially if they call you before the scheduled time of your appointment), tell the USCIS officer that your attorney will be joining the interview telephonically or that your attorney is coming in person, and that you want your attorney present during your interview. If you are unsure or nervous about this, please discuss this further with your attorney. Whether you will be having an attorney accompany you to the interview or not, please follow the following tips. Always tell the truth. Listen very carefully to the questions that the officer is asking. If you are not certain that you understand what the officer is asking, do not answer the question. Tell the officer that you did not understand the question and ask them to repeat or explain the question. If you do not know the answer to a question, the most honest answer is to tell the officer that you do not know the answer or do not remember the answer. The officer will probably ask you to take your best guess, at which point the officer will know that you are not sure about the answer, and if you provide incorrect information, it is less likely that the officer will think that you are trying to lie or hide information. Only answer the questions that the USCIS office asks. As a rule, you should not volunteer information that the USCIS officer did not ask for. Keep your answers short. You should not give overly long answers or “ramble on.” If you can answer a question with “yes” or “no,” then answer with “yes” or “no.” However, if a simple short answer does fully answer the USCIS officer’s question, you should use your best judgement in giving a longer answer. Just remember that if you give long answers to the questions beyond what is necessary to answer the question asked, the interview will unnecessarily take longer, and you are more likely to say something that will lead the USCIS officer to ask even more questions. Be familiar with your application. Take the time to review your application again carefully. Most of the questions that the USCIS officer will be asking at the interview will come directly from the application. The more familiar you are with the questions on the application, the more comfortable you will be during the interview. While you are reviewing the application in preparation for the interview, if there are any mistakes on the application or information that needs to be updated, please let your lawyer know. You should NOT lie in the interview to match the mistaken information on your application. If there is a mistake on the application, the interview is the time to correct that mistake. If you need to refer to a document or a record to answer a question completely, it is usually okay to say, “I need to look at my documents.” For example, if you do not have your social security number memorized, you can bring your social security card with you to look at during the interview. Dress nicely. For example, do not wear a t-shirt, jeans, or shorts. Dress in “business casual” or nicer. Be on time for your interview. If your attorney will be accompanying you to your interview, make sure you understand when and where your attorney will be meeting you. Bring your interview appointment notice. Bring all your original documents. Bring translations of any documents not in English. Bring one copy of each of your documents. Do not assume that your attorney will be bringing any of your documents to the interview. Make sure you have your documents arranged in a folder, envelope, etc. in a way that you are comfortable knowing where each of your documents are located within the folder. Sample Checklist of Documents for Client to Bring to Family-Based Petition Adjustment of Status USCIS Interview Please bring to your USCIS Interview all of the following documents that apply. If you are unclear about what documents you are required to bring, ask your attorney. You should bring the original documents. In addition to bringing the original documents, you should also bring one copy of each document to provide to the USCIS adjudicator. You should also bring translations of all documents that are in a language other than English. Note: even though you are bringing translations of documents, you must also bring documents in their original language. □ Interview Appointment Notice; □ Passports; □ Form I-94; □ Any Additional Immigration Status Documents, such as: □ I-797 Notices of Approval; □ I-20s; □ DS-2019s; □ Beneficiary’s Birth Certificate; □ Petitioner’s Birth Certificate; □ Work Authorization Card (if you have been issued one); □ Drivers Licenses (if you have been issued one); □ Petitioner’s Certificate of Naturalization (if the Petitioner is a naturalized U.S. Citizen); □ Petitioner’s Consular Report of Birth Abroad (if the Petitioner is a U.S. Citizen born outside the United States); □ Petitioner’s Green Card (if the Petitioner is a U.S. Permanent Resident); □ Marriage Certificate (if your Application is based upon marriage to the Petitioner, or if your Application is based upon you being a Derivative Beneficiary Spouse, or if you Application is based upon you being the Parent of the Petitioner); □ Certified Divorce Decree for all prior marriages for you and/or your spouse (or Death Certificate if marriage ended due to death of the spouse) (if your Application is based upon marriage to the Petitioner, or if your Application is based upon you being a Derivative Beneficiary Spouse, or if your Application is based upon you being the Parent of the Petitioner); □ Marriage Certificate for your Parents (if your Application is based upon you being the Child/Stepchild Son/Daughter of the Petitioner, or if your Application is based upon you being a Derivative Beneficiary Child/Stepchild, or if your Application is based upon you being the sibling of the Petitioner); □ Certified Divorce order for all prior marriages for either of your parents (or Death Certificate if marriage ended due to death of the spouse) (if your Application is based upon you being the Child/Stepchild Son/Daughter of the Petitioner, or if your Application is based upon you being a Derivative Beneficiary Child/Stepchild, or if your Application is based upon you being the sibling of the Petitioner); □ Proof of Bona Fide Marriage (see separate list) (if your Application is based upon your marriage to the Petitioner); □ Certified Court Disposition of ANY arrests or criminal charges; □ Proof that you/the Primary Beneficiary were living in the United States on December 21, 2000 (if you are applying under INA §245(i) – ask your attorney if it is not clear whether you are applying under 245(i)); □ Updated evidence of the Petitioner’s continued ability to support you (if you have a co-sponsor, it is recommended that you obtain these updated documents from the co-sponsor as well): □ Update letter from employer; □ Most recent IRS Personal Tax Return with Form W-2 if they have filed with the IRS since the I-485 Application was submitted to USCIS; □ Recent paystubs or copy of cashed checks from employer if updated letter from employer not available; □ Medical Examination Report (if not already submitted with the Application or in response to a Request for Evidence). Sample Guideline Letter for New Permanent Residents Re: Approval of Adjustment of Status Application Congratulations on the recent approval of your adjustment of status applications and your new status as a Lawful Permanent Residents of the United States! We are extremely pleased that we have achieved a favorable outcome in this matter. Please read the attached memorandum carefully. Once reviewed, you should retain the letter as part of your permanent records. Also, please advise your employer that you are now a U.S. Permanent Resident and that your 1-9 form should be amended accordingly to reflect your new status. Since we will not be advised by United States Citizenship and Immigration Service (USCIS) when you receive your actual green card, please let us know when you receive it by forwarding us a clear and legible copy for our records. MAINTAINING CONTACT WITH OUR OFFICE It has been our pleasure to assist you in becoming a Lawful Permanent Resident of the United States. Should you need the help of an immigration lawyer in the future, we hope you will call upon us. Please note that we will be closing your case file within thirty (30) days of sending this letter, at which time our representation will end. If there are any original documents still in your file, we would ask that you arrange to collect them soon. We would also truly appreciate your recommending our services to your friends or relatives who may be in need of immigration-related assistance. Thank you for the opportunity to have been of service. Very truly yours, Sarah Smith Attorney To: Our new permanent resident client From: Name of Firm Subject: Instructions and advice MEMORANDUM Please take note of the following important information regarding your new status as a Permanent Resident. The Alien Registration Card (known as the "Green Card") will typically arrive within a few weeks of the approval of your adjustment of status petition. It is valid for 10 years from the date of issuance and must be renewed prior to expiring (please see below if your card is valid for 2 years). Please contact our office if you need our assistance in extending your Green Card at least 90 days prior to its expiration. TRAVEL DOCUMENTS A permanent resident uses the Green Card in lieu of a visa to return to the United States from trips abroad (with the recommendation being that such trips be less than six months in duration. If you remain outside the United States for a period of one year or more, the Green Card is deemed to be abandoned, and you would be excludable unless you obtained a returning resident visa at the consulate while overseas or filed for and provided fingerprints for a Re-entry Permit from USCIS before leaving the United States. (The returning resident visa may be difficult to obtain because the Consul must be satisfied that you could not have foreseen the need to remain outside the United States for such an extended period of time.) If you intend on being outside the United States for periods in excess of six months, it would be advisable to obtain a Re-entry Permit, which will authorize you to remain outside of the United States for up to two years. You must apply for and receive the Re-entry Permit (sometimes called a "white passport") before you leave the United States. Please note that although the Re-entry Permit remains valid for two years, obtaining a Re-entry Permit does not guarantee that you will be admitted as a returning resident after a prolonged absence. Such determinations are based upon a review of the facts existing at the time of admission and the degree to which ties to the United States can be established. Processing times for Re-entry Permits can sometimes be lengthy. Therefore, it is prudent that your travel needs be carefully planned with this in mind. Please contact our office for further assistance. CONDITIONAL RESIDENCE If you received your permanent residence based upon a marriage that was less than 2 years old at the time you were granted permanent residency, then you will receive a conditional 2-year card. You will be required to file an application to remove the condition from your residency. This application can be filed jointly by you and your spouse within the 90-day period prior to the expiration of your card. If you and your spouse separate before this time, you can file an application for the waiver of this requirement once your divorce is finalized. Either way, you will be expected to document that the marriage was bona fide, that you have/had been sharing your life with your spouse as (husband/wife), and that you did not enter into the marriage solely for the purpose of obtaining your permanent residence. If you would like our assistance in applying to remove the condition from your residence, you can contact our office approximately 5 months prior to the expiration date on your card. LOSING YOUR RESIDENCE (A) ABANDONMENT OF PERMANENT RESIDENCE: Extended departures from the United States may result in the loss of permanent resident status. When you are inspected by an immigration officer upon your return to the United States, you may be found to have lost your "permanent residence" if the immigration officer determines that your home is no longer in the United States and that you have abandoned your residency. Loss of permanent residence may occur if anyone of the following occurs: • You accept a job abroad; • You fail to file a resident tax return; • You stay outside the United States for extended periods of time; or • You are otherwise found to have abandoned your residence in the United States. Taking a permanent job overseas or a job for an indefinite term can create problems, but a clearly temporary job that is for a specific and relatively short period of time is sometimes acceptable, particularly if you are sent on an assignment overseas by your American employer. In determining whether you have abandoned residence, USCIS (or the U.S. Consul, if you are applying for a visa as a "returning resident") will consider a number of factors which bear upon your intent to reside in the United States. These include: • The amount of time you have spent in the United States; • Where you are working; • Whether your trips abroad are clearly temporary in purpose; • What your ties are to the United States; • The existence of a home in the United States; • Maintaining accounts and investments in the United States; • Keeping an automobile registered in the United States; • Whether your family members remain in the United States during your time abroad; • Your payment, or failure to pay, taxes as a resident of the United States; • Your ownership of property; and • The reasons for your trips abroad. If you are planning on spending extensive periods of time abroad, we strongly recommend that you contact this office to discuss steps that may be taken in order to protect and support your status as a Lawful Permanent Resident of the United States. (B) IF YOU WORK OUTSIDE THE UNITED STATES: Before moving abroad to take up employment, even temporary employment, you should consult with our office. Under certain circumstances, your residence in the United States can be preserved for naturalization purposes, and in any case, we can provide you with advice on to how to maximize your chances for maintaining your residence. (C) POSSIBLE LOSS OF STATUS: Even though you have a "green card," you can be deported from the United States under certain circumstances, including: 1. Conviction of even a minor drug-related offense; 2. Conviction of certain felonies; 3. Conviction of any two crimes not arising out of a single scheme; 4. Knowingly encouraging or aiding anyone else to enter the United States illegally or fraudulently; 5. Failing to notify the Immigration Service of a change of address; or 6. Engaging in espionage, sabotage, or terrorist activities. You may also lose your status if you were ineligible to obtain that status in the first place. This can happen if USCIS discovers that you misrepresented yourself or any of your documents at the time you obtained permanent residence. You may also be found to be ineligible for permanent residence if you separated from your spouse or the employer who petitioned for you shortly after obtaining your status and the Immigration Service finds that you did not intend to live with your spouse or work for your employer at the time you became a permanent resident. (D) PROCEEDINGS TO TAKE AWAY YOUR STATUS: If you are living in the United States as a permanent resident, USCIS can bring an action to rescind that status or an action to deport you from the United States. The former begins with the service by USCIS of a "Notice of Intent to Rescind." The latter begins with the service of a "Notice to Appear." Your failure to respond to either of those documents could result in the loss of your residence and your removal from the United States. USCIS can serve the Notice of Intent to Rescind by simply mailing it to you at the last address in their files which you have given them. Therefore, it is extremely important that you keep USCIS advised of your address following any change of address. Should you be faced with a criminal prosecution, or should you receive a Notice of Intent to Rescind or a Notice to Appear, please consult our offices or another competent immigration attorney immediately. TAXATION Every permanent resident of the United States is a U.S. tax resident. As such, you are required to pay U.S. taxes on all your income—worldwide. You may be able to benefit from tax treaties that prevent double taxation so you should consult a tax professional for advice on this. Note that your failure to pay taxes as a resident alien can result in a finding that you have abandoned your permanent resident status even if you can legitimately claim nonresident status under a tax treaty. Also, changes in your immigration status may have an effect on your estate planning. If you have not already done so, you may wish to consider consulting a professional with regard to minimizing the amount of taxes which would be involved under such circumstances. If you do not know of an appropriate tax professional, please contact our office for a referral. SOCIAL SECURITY (A) OBTAINING A SOCIAL SECURITY CARD: If you or a family member do not already have a Social Security Number, you may obtain a Social Security Card once based on your possession of a Green Card. You will need to file an application for a Social Security Number in person at the Social Security Office. When filing this application at the Social Security Office, you should bring the following documents with you: your original birth certificate, passport, and your Green Card. Call 1-800-772-1213 for further information including the address of your local Social Security office or visit their website at www.ssa.gov. (B) RESTRICTIONS ON YOUR S.S. CARD: If you already have your Social Security card, but it is annotated indicating that it is not valid for employment without a USCIS employment authorization document, you should contact Social Security with your evidence of permanent resident status to have the restrictions removed. (C) YOUR SOCIAL SECURITY ACCOUNT: Even if you have a Social Security number, you should check to make sure you received credits under Social Security for any taxable work you did before you got your Green Card. Sometimes the Social Security Administration misplaces the records if you did not have a valid card, and this is the time to unscramble the records. Request a form SSA 7004, Request for Earnings and Benefit Estimate Statement, from Social Security to check these records. In fact, you should check your earnings statement every three to four years because errors more than four years old usually cannot be corrected. (D) MISUSING A SOCIAL SECURITY NUMBER: You should be aware that it is a serious criminal offense to use someone else's Social Security Number or to use a fraudulently obtained one. If you have done so, seek legal advice before contacting Social Security. (E) TOTALIZATION TREATIES: If you were assigned by your employer abroad to work in the United States and are from a country that has a totalization agreement with the United States, it may be possible to claim an exemption from U.S. Social Security taxes and claim a refund of Social Security taxes paid by your employer in the past three tax years. In order to do this, your employer overseas will have to pay into your home country's Social Security system. This can result in a substantial refund without sacrificing your benefits if your Social Security tax rate is lower overseas. If you would like a referral for an accountant who may be able to advise you about this issue, please let us know. CHANGE OF ADDRESS (A) It is no longer necessary to report your address annually. (B) If you move, you are required to report your new address to the USCIS District Office within 10 days. Failure to report your address is a ground for deportation. The correct form for entering your change of address is Form AR-11, which can be filed online at www.uscis.gov. If you are not comfortable submitting this form yourself, you can contact our office to arrange for us to submit this application for you. (C) If a sponsor or co-sponsor filed an I-864 Affidavit of Support on your behalf, then an I-865 Affidavit of Support Change of Address must be submitted when your sponsor changes addresses. This form is also available on the Internet. Follow the instructions on the form to submit. NATURALIZATION (A) AS A U.S. PERMANENT RESIDENT, YOU ARE NOT A CITIZEN OF THE UNITED STATES. You are thus ineligible to hold public office, you may not vote, and you may not take advantage of certain tax provisions of the Internal Revenue Code. Registering to vote or voting in a U.S. political election before you are naturalized is a serious offense that will bar naturalization and could result in removal from the United States even if you are told you may do so. If you do accidently register to vote, please contact our office right away so we can assist you in taking the necessary steps so that this does not keep you from becoming a citizen later. Additionally, as a permanent resident, you may not petition to bring certain relatives to the United States. You may become a citizen by being naturalized. (B) WAITING PERIOD: An individual is eligible to become a U.S. citizen no earlier than five years after they have become a lawful permanent resident unless they are married to U.S. citizen. The application can be filed before the actual eligibility date. An individual who has been married to a U.S. citizen for three years and has lived with that individual for the past three years as a permanent resident is eligible to file for naturalization in three years, rather than five. This special rule does not apply if you are living apart from your spouse. The rule is applicable whether or not you obtained your "green card" as a result of this marriage. Additionally, if your citizen-spouse has been assigned abroad by a U.S. corporation developing international trade or certain governmental international or nonprofit organizations, you may be eligible to naturalize immediately in an expedited procedure before you leave the United States without regard to certain residence requirements. (C) PHYSICAL PRESENCE AND RESIDENCE REQUIREMENT: At the time an application for naturalization is filed, an individual must establish that they have been physically present in the United States at least half of the required period of 3 or 5 years. A departure from the United States for a year or more will presumptively break the continuous residence requirement. A departure of less than six months normally will not break residence while a departure for more than six months and less than one year will normally break the continuous residence requirement, unless adequately explained. A break in residence could result in you having to wait an additional 4 years and a day (or 2 years and a day) from the date you returned from your trip, to be eligible to apply for naturalization. (D) PRESERVING RESIDENCE: If you leave the United States to work for a U.S. government agency, an international agency, certain religious organizations, or an American-owned company, you may, under certain circumstances, qualify to preserve your continuous residence for naturalization purposes despite your trip abroad of more than one year. You must apply for this relief before you depart the United States. If you fail to seek this relief, you may have to wait additional time to qualify for naturalization. (E) EXAMINATION: In addition to meeting the above requirements, you will have to show that you are a person of good moral character and pass a test in U.S. government and history, as well as a simple test of your ability to read and write English. Long-time elderly residents and those with impairments may qualify for exemption from the English language requirements. (F) NATURALIZATION PROCEDURES: As part of the naturalization process, you will be interviewed by a USCIS officer. At that examination, you will be tested on government, history, and English language. In addition, the USCIS officer may examine whether you received your permanent resident status lawfully and whether you remained with the spouse or employer who petitioned for you for a reasonable period of time after obtaining your permanent residence. Because the naturalization examiner is trained to challenge your permanent residence, it is wise to have representation when you file for naturalization. Note that long absences from the United States can have an impact on your eligibility to naturalize, and if you plan on being absent for more than five months a year, you might want to discuss the effect this could have on your naturalizing. Also, if you move during the naturalization process, this can cause significant delays in processing. You may want to discuss with us the impact moving during the process could have on your naturalization case. (G) DUAL CITIZENSHIP: The law of your country may allow you to retain your citizenship after you become a U.S. citizen. MILITARY DUTY (A) THE DRAFT: The United States does not currently have a draft. However, all men age 18 to 26 are required to register for Selective Service within 30 days of their 18th birthday or within 30 days of the time they become permanent residents of the United States (in fact, aliens who are not in lawful nonimmigrant status are also required to register.) If you become a permanent resident before your 26th birthday, you are required to register for Selective Service. If you have a son who holds a "green card" or is a U.S. citizen, he is required to register within 30 days of his 18th birthday. Notwithstanding the fact that you have registered with the Selective Service, you may be exempt from military service based on your nationality. However, claiming such exemption could disqualify you from citizenship. Failure to register could also bar you from U.S. citizenship. (B) HOW TO REGISTER: You may complete your Selective Service Registration at any U.S. Post Office. The form is a simple postcard type document. Alternatively, you can register online at www.sss.gov. PETITIONING FOR RELATIVES (A) You may file a petition for a spouse or an unmarried child under age 21 once you have been approved for permanent residence even though your Green Card has not arrived in the mail. Please note that there is a substantial waiting period for immigrant visa numbers under this category. Available immigrant visa numbers are required in order to complete immigrant visa processing. You may also file for an unmarried child over age 21, but the waiting period is even longer. (B) Once you become a U.S. citizen, the waiting period for a spouse or unmarried child may be eliminated, and it may be than application for permanent residence can be submitted immediately once all supporting documentation has been prepared. In addition, a U.S. citizen is also eligible to file for a parent, a married child, or a sibling. There is no waiting period for a parent, but there is a waiting period for a married child and for a sibling. (C) Our office can provide you with assistance and advice in processing a petition to classify eligible relatives under an appropriate category. Because the waiting periods can be so long, we recommend that you file such petitions as soon as possible if there is any indication your relative may wish to immigrate to the United States at some time in the future. Should your relative desire to come to the United States more quickly, we can advise you as to what other paths may be available. Please keep in mind that the mere filing of a petition may, in some cases, make it harder for your relative to obtain a visitor visa to come to the United States, as an intent to immigrate will be on record with USCIS. Instructions and Tips for Completing Forms for Family-Based Immigrant Petition: I-130 and I-130A USCIS Instructions: Make sure to read the current USCIS instructions to the Forms G-28, I-130, and I-130A. USCIS may have made changes to their instructions since this writing. This guide is to be used as a supplement to the USCIS guidance, not as a substitution. The Instructions for the I-130 and I-130A can be found at https://www.uscis.gov/i-130. Current Edition of Forms: Make sure that you are using the current accepted edition of the forms. The USCIS pages for the G-28 and the I-130 in the Forms section of the USCIS website contains a dropdown listing for “Edition Date.” Compare the date(s) listed of the valid editions here. Compare the date(s) listed on the USCIS website to the edition date listed on the bottom left of the pages of the Form G-28 and I-130. The instructions listed here are for the 07/20/2021 edition of the Form I-130 and I-130A and the 09/17/2018 edition of the Form G-28, which are the current editions of these form as of the publishing of this guide—see https://www.uscis.gov/i-130 and https://www.‌uscis.gov/g-28. I-130 Used for Immigrant Petition for Family Member: A U.S. citizen or lawful permanent resident (LPR) may use the Form I-130 to petition for permanent resident status for certain family member in the following categories.: A U.S. Citizen may file an I-130 for the following family members (and the preference category the petition will fall into): Their spouse – (IR: Immediate Relative preference); Their parent – (IR: Immediate Relative preference); Their unmarried child who is under the age of 21 – (IR: Immediate Relative preference); Their unmarried son or daughter who is 21 or older – (F-1: First Family-Based preference); Their married son or daughter – (F-3: Third Family-Based preference); Their sibling – (F-4: Fourth Family-Based preference). A U.S. LPR may file an I-130 for the following family members (and the Preference Category the petition will fall into): Their spouse – (F2A: Second Family-Based Preference); Their unmarried child who is under the age of 21 – (F-2A: Second Family-Based Preference); Their unmarried son or daughter who is 21 or older – (F-2B: Second Family-Based Preference). Note: A U.S. LPR is not able to file an I-130 petition for their parent, sibling, or married son or daughter. Only a U.S. citizen can file an I-130 petition for those relatives. You may not file an I-130 in the following situations: The I-130 is being filed for an adoptive parent or adopted child, if the adoption took place after the child turned 16 years of age or if the child has not been in the legal custody and has not lived with the parent for at least 2 years before the petition is filed; The I-130 is being filed for a natural parent if the petitioner gained LPR status or U.S. citizenship through adoption or as a special immigrant juvenile; The I-130 is being filed for a stepparent or stepchild if the marriage that created the stepparent/stepchild relationship occurred after the child turned 18 years of age; The I-130 is being filed for a spouse if the petitioner and their spouse were not both physically present at the marriage ceremony unless the marriage was consummated; The I-130 is being filed for a spouse and the petitioner gained LPR status through a prior marriage to a U.S. citizen or LPR, unless: The petitioner is now a naturalized U.S. citizen; The petitioner has been an LPR for at least five years; The petitioner can show by clear and convincing evidence (a higher standard than the normal preponderance of the evidence standard of evidence) that they did not enter the prior marriage (through which they gained LPR status) in order to evade any U.S. immigration law; or The petitioner’s prior marriage (through which they gained LPR status) was terminated by the death of their prior spouse. The I-130 is being filed for a spouse if the petitioner married the spouse while the spouse was the subject of an exclusion, deportation, removal, or rescission proceeding regarding the spouse’s right to be admitted into or to remain in the United States, or while a decision in any of these proceedings was before any court on judicial review. However, one may be eligible for the bona fide marriage exemption under INA §245(e)(3) if: You request in writing a bona fide marriage exemption for your client and prove by clear and convincing evidence (a higher standard than the normal preponderance of the evidence standard of evidence) that the marriage is legally valid where it took place and that the petitioner and their spouse married in good faith and not for the purpose of obtaining LPR status for the spouse and that no fee or any other consideration (other than appropriate attorney’s fees) was given to the petitioner for the filing of the petition. The request must be submitted with Form I-130; or The petitioner’s spouse has lived outside the United States, after the marriage, for a period of at least two years; The I-130 is being filed for a person whom USCIS determined was someone who entered into, or attempted or conspired to, enter into a marriage in order to evade U.S. immigration laws under INA §204(c) unless the I-130 petition is being filed by the same spouse on behalf of the same beneficiary spouse. The I-130 is being filed for a grandparent, grandchild, nephew, niece, uncle, aunt, cousin, or parent-in-law. I-130 Petition Required: An I-130 petition must be completed and filed with USCIS for all family-based categories listed above whether the petition is being filed for the beneficiary to apply for adjustment of status or whether the petition is being filed for the beneficiary to apply for an immigrant visa through the consular process. Form I-130A: Form I-130A must be filed together with the Form I-130 where the U.S. citizen or LPR petitioner is filing the I-130 petition for their spouse. When the petition is being filed for the petitioner’s parent; child, son, or daughter; or sibling, the petitioner would not submit an I-130A with the I-130. G-28 for Attorney: When the I-130 petition is being handled by an attorney, a Form G-28 Notice of Appearance as Attorney signed by the petitioner must be submitted with the petition. If an I-130A is required, it also is recommended to include a G-28 for the beneficiary. This guidance assumes that the preparer is an attorney. I-485 Application for Adjustment of Status: Form I-485 Application for Adjustment of Status can be concurrently filed with the I-130 petition if: The I-130 beneficiary is in the United States; and A visa is available for the petition: The petition is being filed under one of the Immediate Relative categories; or A visa is available under the DOS Visa Bulletin for the Priority Date of the petition (or the Priority Date on the Visa Bulletin’s “Dates for Filing” Chart is reached and the USCIS I-485 Filing Chart allows for use of the “Dates for Filing” Chart) at the time that the I-130 is being filed; and The beneficiary meets all other requirements for adjustment of status under INA §245. Form I-485 Application for Adjustment of Status for derivative beneficiaries can also be concurrently filed with the I-485 application of the Primary applicant for any eligible derivative beneficiaries who are within the United States and meet all eligibility requirements at the time of filing. See guidance for the Form I-485 Application for Adjustment of Status for further information. Priority Date: The Priority Date for an I-130 petition is the date on which the I-130 is filed with USCIS. However, if the petitioner has previously filed an I-130 for the same beneficiary and that I-130 is approved and still valid, the priority date from that I-130 can be applied to a future I-130 petition filed by that petitioner for that beneficiary. Fees: As of the publication of this guide, the government filing fee for the I-130 petition is $535. No biometrics fee is required for the I-130. However, since the government filing fees are subject to change, you should verify the current filing fees in the “Filing Fee” section at https://www.‌uscis.gov/i-130. Where to File: The filing location for the I-130 depends on where the petitioner lives and whether the I-130 is being filed concurrently with a Form I-485 Application for Adjustment of Status. If the I-130 is being filed without an I-485, use the direct filing addresses listing for the I-130, available at https://www.uscis.gov/i-130-addresses. If you are filing the I-130 concurrently with an I-485 application, use the direct filing addresses listing for the I-485, available at https://www.uscis.gov/forms/all-forms/direct-filing-addresses-for-form-i-485-application-to-register-permanent-residence-or-adjust-status. Type or print legibly in black ink. If you need extra space to complete any item in the I-130, go to Part 9 Additional Information. Indicate the Page Number, Part Number, and Item Number to which your answer refers. Answer all questions fully and accurately. USCIS instructions advise that if an item is not applicable or the answer is “none,” type or print “N/A,” and it is recommended that you do so. However, as of the publishing of this guide, USCIS will not reject the petition if you do not enter “none” or “N/A” for all inapplicable questions. G-28 NOTICE OF APPEARANCE AS ATTORNEY Part 1 Information About Attorney or Accredited Representative Question 1 – USCIS Online Account Number: If you have a USCIS Online Account Number issued for the USCIS Electronic Immigration System (also known as the USCIS ELIS system), you can enter it here. You can see your USCIS Online Account Number in the profile section when signed into your USCIS online account. Question 2 – Name of Attorney or Accredited Representative: Enter your full last name, first name, and middle name. Question 3 – Address of Attorney or Accredited Representative: Enter your mailing address. Questions 4, 5, 6 and 7 – Contact Information of Attorney or Accredited Representative: Enter your work telephone number, cell phone number (if any), email address (if any), and fax number (if any). You do not have to provide a cell phone number, email address, or a fax number, if you prefer not to. However, it can be helpful for the Service to have this additional contact information should they wish to reach you. For example, where a petition is filed using USCIS’s Premium Processing Service, USCIS will usually email a courtesy notice to the attorney when the petition is filed and will usually fax a copy of any RFEs. This allows the attorney to have this information a couple days earlier than when these communications are received by mail only. Part 2 Eligibility Information for Attorney or Accredited Representative Question 1 – If you are an attorney admitted to practice in the United States, Check box 1.a and complete Questions 1.b, 1.c, and 1.d. 1.a – In the box labeled “Licensing Authority,” list all U.S. states, D.C., possessions, territories, and commonwealths where you are admitted. In the box in 1.b enter all bar numbers for all the jurisdictions listed in 1.a. If you need extra space to complete this section, use the space provided in Part 6. 1.c – Check the appropriate box to indicate whether or not you are subject to any disciplinary actions restricting your ability to practice law in any of the jurisdictions where you are admitted. If you are subject to any order suspending, enjoining, restraining, disbarring, or otherwise restricting you in the practice of law, provide an explanation in Part 6. Attorneys are required to notify DHS of convictions or discipline under 8 CFR §292.3. 1.d – Enter the name of your law firm or organization, if applicable. If you need extra space to complete this section, use the space provided in Part 6. Question 2 – If you are not an attorney admitted to practice in the United States but are an Accredited Representative of a recognized organization, as defined in 8 CFR Part 1292, Check box 2.a and complete Questions 2.b and 2.c. 2.b. – Enter the name of the relevant organization recognized by the Department of Justice under 8 CFR Part 1292. 2.c – Enter the date of your accreditation Question 3 – Associated Attorney: Skip this Question. You would not check this box as the attorney or accredited representative filing the petition. Question 4 – Law Student: This item is normally skipped. Item 4 is only checked where a law student or law school graduate is working under the direct supervision of an attorney or accredited representative under 8 CFR 292.1(a)(2). See the form instructions for additional information about using the Form G-28 in this situation. Part 3 Notice of Appearance as Attorney or Accredited Representative Question 1 – USCIS: Check box 1.a showing that you are filing the accompanying petition with USCIS. Enter “I-130” or “I-130, I-130A” in box 1.b, depending on whether the petitioner is filing just an I-130 or if they are also filing an I-130A for a petition for their spouse. If you are filing concurrent I-485, I-765 and I-131 applications, you can list those as well. Question 2 – ICE: Skip Question 2. You would only check this box if you were filing an application or petition with ICE. Question 3 – CBP: Skip Questions 3. You would only check this box if you were filing an application or petition with CBP. Question 4 – Receipt Number (if any): You would only enter a receipt number here if you are filing the G-28 to enter yourself as the attorney of record for an existing pending or approved petition or if you were filing the I-130 to amend an already approved petition. Otherwise, enter “N/A.” Question 5 – I enter my appearance as Attorney or Accredited Representative at the request of the: For the G-28 being filed for the petitioner, check “Petitioner.” Information About Client (Applicant, Petitioner, Requestor, Beneficiary or Derivative, Respondent, or Authorized Signatory for an Entity) Question 6 – Full Name: The full legal name of the petitioner is entered here. As a general rule, the name should be entered as it is listed on the person’s birth certificate, unless the petitioner has had their name legally changed since they were born. If so, enter their full legal name as listed on their name-change document. Question 7.a – Name of Entity: “N/A” is entered here. The petitioner is an individual. Question 7.b – Title of Authorized Representative for Entity: “N/A” is entered here. The petitioner is an individual. Question 8 – Client’s USCIS Online Account (if any) – If the client was issued a USCIS Online Account Number, enter it in the space provided. If the client has previously filed an application or petition using the USCIS online filing system (previously called USCIS Electronic Immigration System or USCIS ELIS), provide the USCIS Online Account Number they were issued by the system. If the client previously filed certain applications or petitions on a paper form through a USCIS Lockbox facility, they may have received a USCIS Online Account Access Notice issuing a USCIS Online Account Number. They may find the USCIS Online Account Number (if any) at the top of the notices for the previously filed petition or application. The USCIS Online Account Number is not the same as an A-Number. Question 9 – Client's Alien Registration Number (A-Number) (if any) – Enter petitioner’s A-Number here if they have one. Most petitioners do not have an A-Number. The A-Number is a unique seven-, eight- or nine-digit number assigned to a noncitizen by the DHS. petitioner’s will usually be assigned an A-Number when an immigrant petition or application for adjustment of status is filed by, or on behalf of, the person, or if a person has previously been issued an immigrant visa. An A-Number is also assigned to a person if they have ever been placed in removal or deportation proceedings. While a person is not supposed to be assigned more than one A-Number, sometimes a person is mistakenly assigned more than one number. In such cases, all A-Numbers for the person should be listed, with any additional A-Number listed on the addendum to the form. Some applicants may have a Work Authorization Document (EAD) that has listing for an A-Number that starts with a “1.” This number is not an A-Number. It is an EAD number and need not be listed here. If you do accidently list an EAD number here, it should not cause any problems, however. Client's Contact Information Questions 10, 11, and 12 – Enter the contact information for the client. Enter their daytime telephone number, cell phone number (if any), and email address (if any). Mailing Address of Client Question 13 – Provide the mailing address for the applicant. Enter the mailing address for the client. In certain situations, if it would be considered unsafe to provide the mailing address, the attorney’s mailing address can be provided here. Part 4. Client's Consent to Representation and Signature Question 1.a, 1.b, and 1.c – Options Regarding Receipt of USCIS Notices and Documents – Check boxes 1.a and 1.b if you would like to have original notices and secure identity documents (such as an original petition Approval Notice with the attached new Form I-94 for Changes of Status or Extensions of Status) to be mailed to you. Courtesy copies will be sent to the client. If you are checking boxes 1.a and 1.b, you would not check box 1.c. This is the preferred option for most attorneys. Alternatively, check box 1.c only if the client wants the original issued documents mailed to them rather than having USCIS send these notices to the attorney. In such case, a courtesy notice will be sent to you. Signature of Client or Authorized Signatory for an Entity The petitioner must sign and date here. Part 5. Signature of Attorney or Accredited Representative You must sign and date here. Part 6. Additional Information This section is used if there is not enough space in any other parts of the form to provide all requested information. Note: Even if no information is provided in Part 6, this page should still be included with the Form G-28 when filed. Failure to provide all pages of the G-28, including Part 6, could result in USCIS failing to recognize the attorney as attorney of record. I-130 PETITION TO FOR ALIEN RELATIVE Check the box on the top of Page 1 indicating that a G-28 is being submitted with the I-130. In the appropriate box, you (the attorney) should enter you Attorney State Bar Number. If you have a USCIS Online Account Number, you should enter it where indicated. Part 1. Relationship Question 1 – I am filing this petition for my: Check the appropriate box to indicate for whom the petitioner is filing the I-130 from the following options: “Spouse”; “Parent”; “Brother/Sister”; “Child.” Select only one box. Note: An LPR may not file an I-130 petition for their parent or brother/sister. Question 2 – If you are filing this petition for your child or parent, select the box that describes your relationship: If the petition is being filed for a spouse or sibling, skip this Question, and proceed to Question 3. If the petition is being filed for a child or parent, select one of the following boxes to describe the relationship between the parent and the child: Child was born to parents who were married to each other at the time of the child's birth; Stepchild/Stepparent – The parent is the stepparent of the child. For purposes of the I-130 petition, a stepparent is only considered a “parent,” and therefore eligible to petition for the child or for the child to be eligible to petition for the parent, where the marriage that created the stepparent/stepchild relationship occurred prior to the child’s 18th birthday; Child was born to parents who were not married to each other at the time of the child's birth – Where a child is born out of wedlock, there are additional evidentiary requirements for showing the father-child relationship to allow for the father to petition for the child or for the child to petition for the father; Child was adopted (not an Orphan or Hague Convention adoptee) – The child was adopted by the parent and the child was not designated as an “Orphan” (using Form I-600/I-600A) or is a child from a country the is a signatory to the Hague Convention on Adoption where the Hague Convention process was used (using Form I-800/I-800A). If the I-600/I-600A process or I-800/I-800A process has not been used, an I-130 can be used in certain circumstances. For purposes of the I-130 petition, a parent-child relationship only exists where the child was adopted prior to the child’s 16th birthday (or prior to the child’s 18th birthday if a sibling of the child was adopted by the same parent prior to the sibling’s 16th birthday). Also, the child must have resided in the physical and legal custody of the parent for at least two years prior to the filing of the I-130 petition. It does not matter whether the two-year residence requirement is met before or after the date of the final adoption. Additionally, if the child is or was habitually resident in a country that is a signatory to the Hague Convention before the adoption and the parent adopted the child on or after April 1, 2008, the two-year legal custody and joint residence requirement generally must be satisfied outside of the United States. Additional evidentiary requirements are necessary for an I-130 petition where the child is from a Hague Convention country, so it is advisable to review these additional requirements (see https://www.uscis.gov/form-i-130-filing-information-for-prospective-adoptive-parents-living-ab‌road and ‌https://www.uscis.gov/adoption/immigration-through-adoption/hague-process/uscis-po‌licy-for-determining-habitual-residence-in-the-us-for-children-from-hague-conven‌tion). A list of countries that are signatories on the Hague Convention on Adoption is available at https://travel.‌state.‌gov/content/travel/en/Intercountry-Adoption/Adoption-Process/un‌der‌standing-the-hague-con‌vention/convention-countries.html. Question 3 – If the Beneficiary is your brother/sister, are you related by adoption?: If the I-130 petition is being filed by a U.S. citizen for their sibling, indicate whether the petitioner is related to the beneficiary by adoption. Where the I-130 petition is being filed for a sibling, a qualifying parent-child relationship must be shown for each sibling to their shared parent(s). If the petitioner and beneficiary are siblings by adoption, the requirements for showing a valid parent-child relationship, discussed above, are required for each adopted child. You may skip Question 3 if the petitioner is not filing the I-130 petition for a sibling. Question 4 – Did you gain lawful permanent resident status or citizenship through adoption?: Indicate whether the petitioner obtained either LPR status or U.S. citizenship through adoption. This Question must be answered by all petitioners. The I-130 petition may not be approved where the I-130 is being filed for a natural parent of the petitioner if the petitioner gained LPR status or U.S. citizenship through adoption or as a special immigrant juvenile. Part 2. Information About You (Petitioner) This section is completed by providing information about the U.S. citizen or LPR petitioner. Question 1 – Alien Registration Number (A-Number) (if any): Enter petitioner’s A-Number here, if the petitioner has one. If the petitioner is a U.S. citizen from birth, they would not have an A-Number. If the petitioner is a naturalized U.S. citizen, then their A-Number would be listed on their Certificate of Naturalization or Certificate of Citizenship. The A-Number is a unique seven-, eight- or nine-digit number assigned to a noncitizen by the DHS. petitioner’s will usually be assigned an A-Number when an immigrant petition or application for adjustment of status is filed by, or on behalf of, the person, or if the person has previously been issued an immigrant visa. An A-Number is also assigned to the person if they have ever been placed in removal or deportation proceedings. Question 2 – USCIS Online Account Number (if any): If the petitioner was issued a USCIS Online Account Number, enter it in the space provided. If the petitioner has previously filed an application or petition using the USCIS online filing system (previously called USCIS Electronic Immigration System or USCIS ELIS), provide the USCIS Online Account Number they were issued by the system. If the petitioner previously filed certain applications or petitions on a paper form through a USCIS Lockbox facility, they may have received a USCIS Online Account Access Notice issuing a USCIS Online Account Number. They may find the USCIS Online Account Number (if any) at the top of the notices for the previously filed petition or application. The USCIS Online Account Number is not the same as an A-Number. Question 3 – U.S. Social Security Number (if any): Enter the petitioner’s Social Security Number (SSN), issued by the Social Security Administration, if they have one. Almost all U.S. citizen petitioners will have an SSN. If the petitioner says they were not issued an SSN, ask that they contact the Social Security Administration to check. Question 4 – Your Full Name: Enter the family name (last name), given name (first name), and middle name of the petitioner. The full legal name of the applicant is entered here. The legal name is one of the following:​ The name at birth as it appears on the birth certificate (or other qualifying identity documentation, per DOS Visa Reciprocity Table, when a birth certificate is unavailable); or The name following a legal name change. This is usually the name as it appears on the provided legal name change document. However, for purposes of requesting immigration benefits, a married person may use a legal married name (spouse’s surname), a legal pre-marriage name, or any form of either (for example, hyphenated name, pre-married name, or spouse’s surname). You must submit legal documentation, such as that listed below, to show that the name used is the applicant’s legal name: Civil marriage certificate; Divorce decree; Family registry; Country identity document; Foreign birth certificate; Certificate of naming; or Court order. Question 5 – Other Names Used: List all other names the petitioner has ever used, including aliases, maiden name, and nicknames. Include any variations of spelling used. Review the petitioner’s legal documents, such as birth certificate, Marriage Certificate, Divorce Decree(s), Passport, Driver’s License, etc. to ensure all variations of the petitioner’s name are listed here. If there is more than one other name used, use Part 9 Additional Information to list all other names used. If the petitioner has never used any other names or variations of spelling of their name, enter “N/A” here. Question 6 and Question 7- Place of Birth: Enter the petitioner’s place of birth, listing the city/town/village, province or state (if any), and country. This should be the location listed on their Birth Certificate. Question 8 – Date of Birth (mm/dd/yyyy): Enter the petitioner’s date of birth, using the MM/DD/YYYY format. This should be the date of birth as listed on their birth certificate. Be aware that many countries use a DD/MM/YYYY format to list dates on their passports or other documentation. Question 9 – Gender: Indicate whether the petitioner is “Male” or “Female.” If their current gender is different than the gender listed on their Birth Certificate, additional evidence will be required. Question 10 and Question 11 – Mailing Address: Enter the current mailing address for the petitioner. Provide the address where the petitioner would like to receive written correspondence regarding this petition. If the mailing address provided belongs to someone else, you can enter the name of that other person as the “In Care of Name.” In certain situations where the petitioner would prefer that their mail be sent to you (the attorney) only, especially if it would be considered unsafe to provide the mailing address for the petitioner (for example the petitioner is a survivor of domestic abuse and fears their abuser will obtain this information), your mailing address can be provided here. In Question 11, indicate whether their mailing address is the same as the place where they physically reside (physical address). Questions 12 through Question 15 – Your Address History: Provide the addresses for the places the petitioner has resided over the last five years whether inside or outside the United States. Provide the petitioner’s current physical address first. If this is the same as their mailing address as indicated in Question 10 and Question 11, you may enter “Same” in the space indicated for listing the address in Item 12.a or you may reenter the petitioner’s current address here. If it is a different address from their mailing address provided in response to Question 10, enter the petitioner’s current physical address here. Whether you enter the address or list “Same” in Item 12.a, enter the date that the petitioner began residing at that address in the Item requesting the “Date From (mm/dd/yyyy).” Enter “Present” in the item requesting “Date To (mm/dd/yyyy)” showing that this is the current physical address. Provide the physical residential address and the dates that the petitioner resided at each address for the past five years. Make sure that all addresses and dates of residence are listed correctly because this information may be compared with the information provided on future petitions, and applications and incorrect information provided here could result in inconsistencies in the future, which can become problematic. If you need extra space to list add addresses within the past five years, use the space provided in Part 9 Additional Information. Your Marital Information Question 16 through Question 23 provide information about the petitioner’s marital status and information about the petitioner’s current and prior spouse, if any. It is especially important that this information be accurate if the I-130 petition is being filed for a spouse. You should verify the information contained in this section against the documentation provided in support of the petition and be prepared to explain any discrepancies. Question 16 – How many times have you been married?: Enter the number of times that the petitioner has been married. If the petitioner has never been married, enter “0.” If the petitioner is currently married and never been married prior to their current marriage, enter “1.” Include all marriages, even annulled marriages. If the petitioner married and the marriage was then terminated through divorce or annulment but then the petitioner remarried the same spouse, that should be counted as two marriages. Question 17 – Marital Status: Check the appropriate box from among the following options to indicate the petitioner’s current marital status on the date that the I-130 petition is filed. Check only one box: • Single, Never Married; • Married; • Divorced; • Widowed; • Marriage Annulled; • Legally Separated. Question 18 and Question 19 – Date and Place of Current Marriage (if currently married): If the petitioner is currently married, provide the date of their current marriage (using the mm/dd/yyyy format) and the place where the marriage ceremony took place as listed on the Marriage Certificate. Some clients may have had more than one “marriage” ceremony—the legally binding marriage ceremony and a celebratory ceremony for friends and family. In such cases, the legal date of marriage should be listed here even where the couple considers the other date to be their “date of marriage.” Enter “N/A” for both questions if the petitioner is not currently married. Question 20 through Question 23 – Names of All Your Spouses (if any): If the petitioner has ever been married, provide the names of all spouses and the dates that each marriage ended. List the petitioner’s current spouse first if they are currently married. If the petitioner is currently married, list “N/A” as the “Date Marriage Ended” for their current marriage. If the petitioner has been married more than twice, use Part 9 Additional Information to enter the requested information for all additional prior spouses. If the petitioner has never been married, enter “N/A” in Question 20 and proceed to Question 24. Question 24 through Question 35 – Information About Your Parents: Provide the following information for each of the petitioner’s parents: full name; date of birth; place of birth; and current cities/town/village and country of residence. if any of the information is unknown, enter “Unknown.” If either parent is deceased, enter “Deceased” where the current place of residence is requested. Question 40 – Petitioner’s Immigration Status Information: An I-130 can only be filed by someone who is a U.S. citizen or an LPR. Indicate whether the petitioner is a U.S. citizen or whether they are an LPR. Question 37 through Question 39 – If the Petitioner is a U.S. citizen: If the petitioner is a U.S. citizen, select the box that describes how the petitioner obtained U.S. citizenship, from the following options: Birth in the United States – Check this box if the petitioner is a U.S. citizen because they were born in the United States. Naturalization – Check this box if the petitioner became a U.S. citizen through the naturalization process. U.S. citizen parents – Check this box if the petitioner is a U.S. citizen through birth abroad to a U.S. citizen parent(s) or through automatic acquisition of U.S. citizenship through a U.S. citizen parent(s). Indicate whether the petitioner obtained a Certificate of Naturalization or a Certificate of Citizenship. If the petitioner is a U.S. citizen through birth in the United States, they would not have a Certificate of Naturalization or Certificate of Citizenship. If the petitioner is a U.S. citizen through naturalization, they would have a Certificate of Naturalization or Certificate of Citizenship. If the petitioner is a U.S. citizen through their U.S. citizen parents, they may have a Certificate of Citizenship or Certificate of Naturalization (or they may have a Consular Report of Birth Abroad). If the petitioner has been issued a Certificate of Naturalization or Certificate of Citizenship, provide the certificate number for the document, the place the document was issued, and the date that the document was issued. This information is listed on the document. If the petitioner is an LPR, skip Question 37 and Question 38 and enter “N/A” in response to Question 39 and then proceed to Question 40. Question 40 and Question 41 – If the Petitioner is a Lawful Permanent Resident: If the petitioner is an LPR, provide the petitioner’s Class of Admission as an LPR and their date of admission as an LPR. This information is listed on the petitioner’s green card. Enter the U.S. city and state where the petitioner was admitted as an LPR. If the petitioner became an LPR through admission to the United States on an immigrant visa, then this would be the location of the CBP POE that admitted them to the United States on the immigrant visa. If the petitioner became an LPR through the adjustment of status (I-485) process, then this would be the location of the USCIS Field Office or Service Center that approved their I-485 application. Indicate whether the petitioner gained their LPR status through marriage to a U.S. citizen or LPR. As explained above, certain requirements must be met for an LPR petitioner to be able to file an I-130 for a spouse where the petitioner became an LPR through a prior marriage. Question 42 through Question 49 – Employment History: Provide the petitioner’s employment history for the last five years, whether inside or outside the United States. Provide their current employment first. Provide the names and addresses of the petitioner’s employers, their occupations, and the dates of employment for all jobs they have held over the last five years. If you need extra space to complete this section, use the space provided in Part 9 Additional Information. Part 3. Biographic Information This section is completed with the biographical information for the petitioner. Question 1- Ethnicity (Select only one box): Indicate whether the petitioner is “Hispanic or Latino” or “Not Hispanic or Latino.” A petitioner is considered Hispanic or Latino if they are a person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Question 2 – Race (Select all applicable boxes): Check all applicable boxes to indicate whether the petitioner is: White – A person having origins in any of the original peoples of Europe, the Middle East, or North Africa; Asian – A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam; Black or African American – A person having origins in any of the black racial groups of Africa; American Indian or Alaska Native – A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment; or Native Hawaiian or Other Pacific Islander – A person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands. Question 3 – Height: Enter the petitioner’s current height in feet and inches. Question 4 – Weight: Enter the petitioner’s current weight in pounds. Question 5 – Eye Color (Select only one box): Select the box that most closely matches the petitioner’s eye color. Question 6 – Hair Color (select only one box): Select the box that most closely matches the petitioner’s hair color or if the petitioner is bald. Part 4. Information About Beneficiary This section is completed by providing information about the beneficiary spouse, parent, child, or sibling of the petitioner. Question 1 – Alien Registration Number (A-Number) (if any): Enter beneficiary’s A-Number here if the beneficiary has one. Many beneficiaries do not have an A-Number. The A-Number is a unique seven, eight- or nine-digit number assigned to a noncitizen by the DHS. A person will usually be assigned an A-Number when an immigrant petition or application for adjustment of status is filed by or on behalf of the person, or if the person has previously been issued an immigrant visa. An A-Number is also assigned to the person if they have ever been placed in removal or deportation proceedings. While a person is not supposed to be assigned more than one A-Number, sometimes a person is mistakenly assigned more than one number. In such cases, all A-Numbers for the person should be listed, with any additional A-Number being listed in the addendum. Some may have a Work Authorization Document (EAD) that has listing for an A-Number that starts with a “1.” This number is not an A-Number. It is an EAD number, and it does not need to be listed here. If you do accidently list an EAD number here, it should not cause any problems. Question 2 – USCIS Online Account Number (if any): If the beneficiary was issued a USCIS Online Account Number, enter it in the space provided. If the beneficiary has previously filed an application or petition using the USCIS online filing system (previously called USCIS Electronic Immigration System or USCIS ELIS), provide the USCIS Online Account Number they were issued by the system. If the beneficiary previously filed certain applications or petitions on a paper form through a USCIS Lockbox facility, they may have received a USCIS Online Account Access Notice issuing a USCIS Online Account Number. They may find the USCIS Online Account Number (if any) at the top of the notices for the previously filed petition or application. The USCIS Online Account Number is not the same as an A-Number. Question 3 – U.S. Social Security Number (if any): Enter the beneficiary’s Social Security Number (SSN) if the beneficiary has ever been issued an SSN by the Social Security Administration even if the SSN was issued to them in a different name than they currently use, e.g., a maiden name. If they have previously used an SSN that was issued to someone else or used a made-up SSN, that SSN should not be entered here. However, the use of someone else’s SSN or of a fake SSN could result in certain grounds of inadmissibility that would make the beneficiary ineligible for adjustment of status or for an immigrant visa. As such, if the beneficiary has used someone else’s SSN or a fake SSN, you should review in detail whether any potential grounds of inadmissibility have been triggered and, if so, whether a waiver of the grounds of inadmissibility is possible for the situation. Question 4 – Your Full Name: Enter the family name (last name), given name (first name), and middle name of the beneficiary. This should be their full legal name as listed on their Birth Certificate unless they have since legally changed their name. If they have legally changed their name, then a copy of all legal name-change documents should be submitted with the petition. Question 5 – Other Names Used: List all other names the beneficiary has ever used, including aliases, maiden name, and nicknames. Include any variations of spelling used. Review the beneficiary’s legal documents, such as Birth Certificate, Marriage Certificate, Divorce Decree(s), Passport, Driver’s License, etc., to ensure all variations of the beneficiary’s name are listed here. If there is more than one other name used, use Part 9 Additional Information to list all other names used. If the beneficiary has never used any other names or variations of spelling of their name, enter “N/A” here. Question 6 and Question 7- Place of Birth: Enter the beneficiary’s place of birth, listing the city/town/village, province, or state (if any), and country. This should be the location listed on their Birth Certificate. Question 8 – Date of Birth (mm/dd/yyyy): Enter the petitioner’s date of birth, using the mm/dd/yyyy format. This should be the date of birth as listed on their Birth Certificate. Be aware that many countries use a dd/mm/yyyy format to list dates on their passports or other documentation. Question 9 – Gender: Indicate whether the petitioner is “Male” or “Female.” If their current gender is different than the gender listed on their birth certificate, additional evidence will be required. Question 10 – Has anyone else ever filed a petition for the beneficiary?: Indicate whether anyone has ever filed a petition for the beneficiary. This does not include petitions filed for the beneficiary’s spouse or parent for which the beneficiary was eligible as a derivative beneficiary. Select "Unknown" only if you do not know, and the beneficiary also does not know if anyone else has ever filed a petition for the beneficiary. Question 11 – Beneficiary's Physical Address: Enter the beneficiary’s current physical residential address whether it is inside the United States or abroad. If the beneficiary lives outside the United States in a home without a street number or name, leave the street address (Item Numbers 11.a and 11.b) blank. Question 12 – Address in the United States where the beneficiary intends to live: Enter the address in the United States where the beneficiary intends to live. This will usually be the address where the beneficiary and the petitioner will live together. If this address is the same as the address provided in response to Question 11, enter “Same” in the field for the street address (Item 12.a). Question 13 – Beneficiary’s Address Outside the United States: Provide the beneficiary's address outside the United States. If this address is the same as the address provided in response to Question 11, enter “Same” in the field for the street address (Item 13.a). Question 14 through Question 16 – Additional Contact Information: Enter the beneficiary’s daytime telephone number (if any), mobile telephone number (if any), and email address (if any). Beneficiary’s Marital Information Question 17 through Question 24 provide information about the beneficiary’s marital status and information about the beneficiary’s current and prior spouse, if any. It is especially important that this information be accurate if the I-130 petition is being filed by their spouse. You should verify the information contained in this section against the documentation provided in support of the petition and be prepared to explain any discrepancies. Question 17 – How many times have you been married?: Enter the number of times that the beneficiary has been married. If the beneficiary has never been married, enter “0.” If the beneficiary is currently married and never been married prior to their current marriage, enter “1.” Include all marriages, even annulled marriages. If the beneficiary married and the marriage was terminated through divorce or annulment but then the beneficiary remarried the same spouse, that should be counted as two marriages. Question 18 – Marital Status: Check the appropriate box from among the following options to indicate the beneficiary’s current marital status on the date that the I-130 petition is filed. Check only on box. • Single, Never Married • Married • Divorced • Widowed • Marriage Annulled • Legally Separated Question 19 and Question 20 – Date and Place of Current Marriage (if currently married): If the beneficiary is currently married, provide the date of their current marriage (using the mm/dd/yyyy format) and the place where the marriage ceremony took place, as listed on the Marriage Certificate. Some clients may have had more than one “marriage” ceremony—the legally binding marriage ceremony and a celebratory ceremony for friends and family. In such cases, the legal date of marriage should be listed here, even where the couple considers the other date to be their “date of marriage.” Enter “N/A” for both questions if the beneficiary is not currently married. Question 21 through Question 24 – Names of the Beneficiary’s Spouses (if any): If the beneficiary has ever been married, provide the names of all spouses and the dates that each marriage ended. List the beneficiary’s current spouse first if they are currently married. If the beneficiary is currently married, list “N/A” as the “Date Marriage Ended” for their current marriage. If the beneficiary has been married more than twice, use Part 9 Additional Information to enter the requested information for all additional prior spouses. If the beneficiary has never been married, enter “N/A” in Question 21 and proceed to Question 25. Question 25 through Question 44 – Information About Beneficiary's Family: Provide the following information about the beneficiary’s spouse and children, if any: their full legal name, their relationship to the beneficiary, their date of birth, and their country of birth. If the beneficiary is currently married, list the information for their spouse first and then list the information for their children. If the petitioner is the beneficiary’s spouse or child, list their information here even though this information is listed elsewhere in the petition. List all children of the beneficiary whether they are adults or minors, whether they live with the beneficiary or not, whether they live in the United States or abroad, whether they are U.S. citizens or not, whether the beneficiary has a current relationship with the child or not, and include adopted children, children from a prior relationship, and stepchildren. Failure to list all children of the beneficiary can sometimes create issues later in the process. If the beneficiary is not married and has no children, enter “N/A.” Question 45 – Has your beneficiary ever been in the United States?: Indicate whether the beneficiary has ever been in the United States. Question 46 – If your beneficiary is currently in the United States: If the beneficiary is currently in the United States at the time that the I-130 is filed with USCIS, provide the following information regarding the beneficiary’s most recent entry into the United States in response to Question 46.a through Question 46.d. If the beneficiary is not currently in the United States at the time that the I-130 petition is filed with USCIS, enter “N/A” in response to Question 46.a and continue to Question 47. Question 46.a – He or she last entered as (Class of Admission): Enter the immigration status that the beneficiary was granted upon their most recent entrance into the United States. If the applicant was inspected at a CBP POE upon their most recent entry into the United States and admitted in a nonimmigrant status, they would likely have been issued an I-94 document. The I-94 would list the nonimmigrant visa category class of admission. For example, if their I-94 lists their class of admission as “B-1” or “B-2,” you would enter “B-1” or “B-2” here. You could also enter “Visitor” here. If their I-94 lists “F-1,” you would list “F-1” or “student” here. If the beneficiary did not come through a CBP land, sea, or airport POE upon their most recent entry into the United States, enter “without inspection” here. See below for more information about the I-94. Question 46.b – I-94 Arrival-Departure Record Number: Enter the beneficiary’s I-94 Arrival-Departure record number. This number is normally obtained from the I-94 (or I-94W) Arrival-Departure Record. The I-94 for most entries is available from the CBP website at https://i94.‌cbp.dhs.gov/I94/. Some beneficiaries may have been issued a paper I-94 (or I-94W) upon their last entry into the United States (for example, if the beneficiary last entered the United States prior to CBP’s automation of the I-94 system in April 2013, or if the beneficiary last entered the United States through a land border POE). Some beneficiaries may not have been issued an I-94 upon their last entry into the United States (e.g., if the beneficiary is Canadian and their most recent entry into the United States was through a land border POE). If the last entry was under the Visa Revalidation program, use the I-94 number from the most recent I-94. If the beneficiary is a Canadian who entered through a land border POE and was not issued an I-94 or I-94W, enter “N/A.” If the beneficiary’s most recent entry into the United States was “without inspection” enter “N/A” here. Question 46.c – Date of Arrival: Enter the date of the beneficiary’s most recent arrival to the United States using the (mm/dd/yyyy) format. This date would be listed on the I-94 issued to the beneficiary at the time of the beneficiary’s most recent entry into the United States. If the beneficiary was not issued an I-94 on that date, enter the date of arrival to the best of the beneficiary’s memory and the available records. Question 46.d – Date authorized stay will expire as shown on Form I-94 or I-95: Enter the listed date of expiration of status from the beneficiary’s I-94 or I-95, using the (mm/dd/yyyy) format. If the beneficiary was not issued an I-94, enter “N/A” here. Question 47 – Passport Number: If the beneficiary has a passport, enter the passport number from the beneficiary’s most recent passport. Otherwise, enter “N/A” here. Question 48 – Travel Document Number: If the beneficiary has a travel document other than a passport, enter the beneficiary’s travel document number from their most recent travel document. Otherwise, enter “N/A” here. Question 49 – Country of Issuance for Passport or Travel Document: If the beneficiary has a passport or travel document, enter the name of the country that issued their most recent passport or travel document. Otherwise, enter “N/A” here. Question 50 – Expiration Date for Passport or Travel Document: If the beneficiary has a passport or travel document, enter expiration date for their most recent passport or travel document m using the mm/dd/yyyy format. Otherwise, enter “N/A” here. Question 51 and Question 52 – Beneficiary’s Current Employment: Provide the beneficiary's current employment information, including the name and address of their employer and the date that their current employment began. Provide this information whether they are currently employed within the United States or outside of the United States. If the beneficiary is currently unemployed, enter “Unemployed” in the field provided for the name of the employer and provide the date on which their current period of unemployment began. Question 53 through Question 56 – Was the beneficiary EVER in immigration proceedings?: Indicate whether the beneficiary has ever been in immigration proceedings before. If the beneficiary is currently in immigration proceedings or has previously been in immigration proceedings, indicate the type of immigration proceedings: “Removal”; “Exclusion/Deportation”; “Rescission”; or “Other Judicial Proceedings.” Provide the city and state of the immigration court where the proceedings occurred or are currently pending. Provide the date on which the immigration proceedings were initiated. As explained above, if the I-130 petition is based upon a marriage, and the marriage occurred while the beneficiary was in immigration proceedings, then additional requirements must be met for the petition to be approved. Additionally, if the beneficiary is or has been in immigration proceedings, this may indicate that the beneficiary may be subject to one of more ground of inadmissibility that would hinder the beneficiary’s ability to obtain adjustment of status or an immigrant visa based upon the approved I-130 petition, although not necessarily. Question 57 and Question 58 – Beneficiary's Name and Address in His or Her Native Alphabet: If the beneficiary’s native alphabet does not use Roman letters (the alphabet used in the English language), provide their name and physical address abroad in the native alphabet. This information is often handwritten using black ink. If the beneficiary’s native alphabet uses Roman letters (as used in English), enter “N/A” here. Question 59 and 60 – Last Address the Petitioner and Beneficiary Lived Together: If the I-130 petition is being filed for the petitioner’s spouse, provide the last address at which the petitioner and beneficiary physically lived together. Enter the dates during which the couple lived together at that address. If the couple never physically lived together, enter "Never lived together" in the field for the street address (Item Number 59.a). If the I-130 petition is not filed for the petitioner’s spouse, enter “N/A.” Question 61 – USCIS Office: If the beneficiary is in the United States and will be applying for adjustment of status to that of a LPR (Form I-485) with USCIS, either concurrently with the I-130 or at some later date, enter the city and state of the USCIS Field Office that has jurisdiction over the couple’s residence. Use the USCIS Field Office Locator, on the USCIS website to determine which USCIS Field Office has jurisdiction (https://www.uscis.gov/about-us/find-a-uscis-office/field-offices). If the beneficiary is not in the United States or will not be applying for adjustment of status (Form I-485), enter “N/A” here and complete Question 62. Question 62 – U.S. Embassy or Consulate: If the beneficiary will not apply for adjustment of status in the United States but instead will apply for an immigrant visa abroad at the U.S. Embassy or U.S. Consulate, enter the location of the appropriate U.S. Embassy or U.S. Consulate. A list of U.S. consular posts is available at https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/list-of-posts.html. Where a country has more than one U.S. consular post, not all U.S. consular posts in that country necessarily issue immigrant visas. Therefore, you should verify which consular posts will issue immigrant visas on the consular posts’ websites. For example, in Mexico, only the U.S. consular post in Ciudad Juarez issues immigrant visas. As a rule, if the couple’s marriage took place outside of the United States, the beneficiary must usually apply for the immigrant visa in the country where the marriage took place. If the couple was married in the United States, you should list here the appropriate U.S. consular post in the country of the beneficiary’s current residence. Designation of a U.S. consular post outside the country in which the beneficiary resides does not guarantee acceptance for processing by that foreign post. Part 5. Other Information Question 1 through Question 5 – Have you EVER previously filed a petition for this beneficiary or any other alien?: Indicate whether the petitioner has ever previously filed a petition for the beneficiary or for any other alien. If the answer is “Yes,” provide the name of the beneficiary of that petition, the location of the USCIS Service Center or USCIS Field Office where the petition was filed, the date that the petition was filed, and the result (approved, denied, pending, etc.). Question 6 through Question 9 – If you are also submitting separate petitions for other relatives, provide the names of and your relationship to each relative.: If the petitioner is concurrently filing I-130 petitions for multiple family members at the same time, list the name and relationship to the petitioner of the other family members for whom I-130 petitions are being filed. This helps USCIS to keep family members together through the adjudication process. For example, if the petitioner is filing I-130’s concurrently for both of the petitioner’s parents, the information for the other parent is listed here. Part 6. Petitioner's Statement, Contact Information, Declaration, and Signature Question 1a. and 1.b – If the petitioner can sufficiently read English so that they can comfortably read and understand the prepared petition, then the box in Question 1.a should be checked indicating their ability to read English and that they fully reviewed the application. The petitioner should carefully review the entire application for accuracy prior to signing. If the petitioner is not proficient enough in English so that they are not comfortable reading and understanding the prepared petition, then a competent interpreter needs to be arranged to read through the petition with the petitioner to review for accuracy prior to the signing. The interpreter need not be a professional interpreter but should be someone that you (the attorney) and client are comfortable will be able to properly interpret the petition for the petitioner. In such case, the box in Question 1.b should be checked and the language used to interpret the petition to the applicant should be entered. The interpreter should then go through the entire petition with the petitioner so that they can carefully review the entire application for accuracy prior to signing. Question 2 – The box for Question 2 should be checked your name (the attorney) should be entered in Question 2 indicating that you prepared the petition at the request of the petitioner and based it upon the information and documentation that the petitioner provided to you. Question 3 through Question 5 – petitioner’s Contact Information: Enter the contact information for the petitioner. Enter their daytime telephone number, cell phone number (if any), and email address (if any). Petitioner’s Certification and Petitioner’s Signature The petitioner signs and dates the petition where indicated. Every petition must contain the signature of the petitioner (or parent or legal guardian, if applicable). A stamped or typewritten name in place of a signature is not acceptable. Part 7. Interpreter's Contact Information, Certification, and Signature If an interpreter was used to read the petition to the petitioner for accuracy review prior to the signing, Part 7 must be completed with the information about the interpreter. The interpreter must sign and date the petition certifying that they are fluent in English and the language used to interpret the petition; that they have completely read the petition to the petitioner in their language; that the petitioner confirmed that they understood the contents of the petition; and petitioner verified the accuracy of the petition. Part 7 is completed by entering the full legal name of the interpreter, the interpreter’s mailing address, daytime phone number, cell phone number (if any), email address (if any), and the language used to interpret the petition. The interpreter must then sign and date the petition where indicated. Part 8. Preparers Statement Part 8 is completed by entering your (the attorney) full name, firm name, work mailing address, daytime telephone number, fax number (if any), and email address (if any). The box at Question 7.b should be checked indicating that you (the preparer) are an attorney. The appropriate box should be checked indicating whether or not your representation extends beyond just the preparation of the petition. Normally the box would be checked to show that the attorney’s representation in the matter extends beyond just petition preparation. You (the attorney) must sign and date the petition where indicated. FORM I-130A SUPPLEMENTAL INFORMATION FOR SPOUSE BENEFICIARY Make sure that you are using the current accepted edition of the forms. The USCIS pages for the G-28 and the I-130A in the Forms section of the USCIS website contains a dropdown listing for “Edition Date.” Compare the date(s) listed of the valid editions here. Compare the date(s) listed on the USCIS website to the edition date listed on the bottom left of the pages of the Form G-28 and I-130A. The instructions listed here are for the 07/20/2021 edition of the Form I-130 and I-130A and the 09/17/2018 edition of the Form G-28, which are the current editions of these forms as of the publishing of this guide—see https://www.uscis.gov/i-130 and https://www.uscis.gov/g-28. When Form I-130A used: Form I-130 must be completed and submitted concurrently with any I-130 that is being filed by a U.S. citizen or LPR for their spouse. The I-130A must be included whether the spouse is inside the United States or outside the United States An I-130A is not required for petitions filed for a parent, child, or sibling. Failure to submit an I-130A together with the I-130 for a spouse could result in the rejection or the denial of the I-130 petition. Fee: There is no additional filing fee for the I-130A. The filing fee for the I-130 covers the I-130A as well. Form G-28: It is recommended that a Form G-28 Notice of Appearance as Attorney be submitted for the beneficiary. This is in addition to the Form G-28 submitted for the petitioner for the Form I-130. To complete Form G-28 for the beneficiary, follow the instructions above for completing the G-28, except provide the requested information for the beneficiary rather than the petitioner. Additionally, in response to the item in Part 3, Question 5, check that you (the attorney) are representing the “beneficiary.” Type or print legibly in black ink. If you need extra space to complete any item in the I-130A, go to Part 7 Additional Information. Indicate the Page Number, Part Number, and Item Number to which your answer refers. Answer all questions fully and accurately. USCIS instructions advise that if an item is not applicable or the answer is “none,” type or print “N/A,” and it is recommended that you do so. However, as of the publishing of this guide, USCIS will not reject the petition if you do not enter “none” or “N/A” for all inapplicable questions. Check the box on the top of Page 1 indicating that a G-28 is being submitted with the I-130A. In the appropriate box, you should enter your Attorney State Bar Number. If you have a USCIS Online Account Number, you should enter it where indicated. Part 1. Information About You (Spouse Beneficiary) This section is completed with information about the beneficiary spouse. Question 1 – Alien Registration Number (A-Number) (if any): Enter beneficiary’s A-Number here, if the beneficiary has one. Many beneficiaries do not have an A-Number. The A-Number is a unique seven- eight- or nine-digit number assigned to a noncitizen by the DHS. A person will usually be assigned an A-Number when an immigrant petition or application for adjustment of status is filed by, or on behalf of, the person or if the person has previously been issued an immigrant visa. An A-Number is also assigned to the person if they have ever been placed in removal or deportation proceedings. While a person is not supposed to be assigned more than one A-Number, sometimes a person is mistakenly assigned more than one number. In such cases, all A-Numbers for a person should be listed with any additional A-Numbers listed in the addendum. Some persons may have a Work Authorization Document (EAD) that has listing for an A-Number that starts with a “1.” This number is not an A-Number. It is an EAD number, and it does not need to be listed here. If you do accidently list an EAD number here, it should not cause any problems. Question 2 – USCIS Online Account Number (if any): If the beneficiary was issued a USCIS Online Account Number, enter it in the space provided. If the beneficiary has previously filed an application or petition using the USCIS online filing system (previously called USCIS Electronic Immigration System or USCIS ELIS), provide the USCIS Online Account Number they were issued by the system. If the beneficiary previously filed certain applications or petitions on a paper form through a USCIS Lockbox facility, they may have received a USCIS Online Account Access Notice issuing a USCIS Online Account Number. They may find the USCIS Online Account Number (if any) at the top of the notices for the previously filed petition or application. The USCIS Online Account Number is not the same as an A-Number. Question 3 – Your Full Name: Enter the family name (last name), given name (first name), and Middle Name of the beneficiary. This should be their full legal name as listed on their Birth Certificate unless they have legally changed their name. If they have legally changed their name, a copy of all legal name-change documents should be submitted with the petition. Question 4 through Question 7 – Address History: Provide the addresses for the places the beneficiary has resided over the last five years whether inside or outside of the United States. Provide the beneficiary’s current physical address first. Enter the date that the petitioner began residing at their current physical address in the field requesting the “Date From (mm/dd/yyyy).” Enter “Present” in the item requesting “Date To (mm/dd/yyyy)” showing that this is the current physical address. Provide the physical residential address and the dates that the beneficiary resided at each address for the past five years. Make sure that all addresses and dates of residence are listed correctly because this information may be compared with the information provided on future petitions and applications and incorrect information provided here could result in inconsistencies in the future, which can become problematic. If you need extra space to list add addresses within the past five years, use the space provided in Part 7 Additional Information. Question 8 and Question 9 – Last Physical Address Outside the United States: Provide the address where the beneficiary last resided abroad for more than one year. Enter the dates when the beneficiary resided at this address. Enter this information even if this address is already listed among the beneficiary’s addresses within the past five years. Enter this information even if the beneficiary resided at this address more than five years ago. Question 10 through Question 23 – Information About Parents: Provide the following information for each of the beneficiary’s parents: full name; date of birth; place of birth; and current cities/town/village and country of residence. if any of the information is unknown, enter “Unknown.” If either parent is deceased, enter “Deceased” where the current place of residence is requested. Provide this information for both parents even if the petitioner is the beneficiary’s parent and this information is contained in the Form I-130. Part 2. Information About Your Employment Question 1 through Question 8 – Employment History: Provide the beneficiary’s employment history for the last five years whether inside or outside of the United States. Provide their current employment first. Provide the names and addresses of the beneficiary’s employers, their occupations, and the dates of employment for all jobs they have held over the last five years. If you need extra space to complete this section, use the space provided in Part 7 Additional Information. Part 3. Information About Your Employment Outside the United States Provide information about the beneficiary’s last employment abroad if the last employment abroad is not already listed among the beneficiary’s employment within the past five years. Provide the name and address of the beneficiary’s employer abroad, their occupation, and the dates of employment in that position. If the beneficiary’s most recent employment outside the United States is listed in Part 2, enter “See above” here. If the beneficiary has never been employed abroad, enter “N/A” here and provide a further explanation in Part 7 Additional Information. Part 4. Spouse Beneficiary's Statement, Contact Information, Certification, and Signature Question 1a. and 1.b – If the beneficiary can sufficiently read English so that they can comfortably read and understand the prepared I-130A petition, then the box in Question 1.a should be checked indicating their ability to read English and that they fully reviewed the application. The beneficiary should carefully review the entire form for accuracy prior to signing. If the beneficiary is not proficient enough in reading English so that they are not comfortable reading and understanding the prepared application, then a competent interpreter needs to be arranged to read through the form with the beneficiary to review for accuracy prior signing. The interpreter need not be a professional interpreter but should be someone that you (the attorney) and client and are comfortable will be able to properly interpret the application for the beneficiary. In such case, the box in Question 1.b should be checked and the language used to interpret the form to the beneficiary should be entered. The interpreter should then go through the entire form with the beneficiary so that they can carefully review the entire application for accuracy prior to signing the form. Question 2 – The box for Question 2 should be checked and your name (attorney) should be entered in Question 2 indicating that you prepared the form at the request of the beneficiary and based it on the information and documentation that the beneficiary provided to you. Question 3 through Question 5 – Beneficiary’s Contact Information: Enter the contact information for the beneficiary. Enter their daytime telephone number, cell phone number (if any), and email address (if any). Beneficiary’s Certification and Beneficiary’s Signature The beneficiary signs and dates the petition where indicated. However, if the beneficiary spouse is overseas, Form I-130A must still be completed, but the beneficiary spouse does not have to sign Form I-130A. Part 5. Interpreter's Contact Information, Certification, and Signature If an interpreter was used to read the form to the beneficiary to review for accuracy prior to signature, Part 5 must be completed with the information about the interpreter. The interpreter must sign and date to certify that they are fluent in English and the language used to interpret the application; that they have completely read the application to the beneficiary in their language; that the beneficiary confirmed to have understood the contents of the form; and that the beneficiary verified the accuracy of the form. Part 5 is completed by entering the full legal name of the interpreter, the interpreter’s mailing address, daytime phone number, cell phone number (if any), email address (if any), and the language used to interpret the form. The interpreter must then sign and date the form where indicated. Part 6. Preparers Statement Part 8 is completed by entering your (the attorney’s) full name, firm name, work mailing address, daytime telephone number, fax number (if any), and email address (if any). The box at Question 7.b should be checked indicating that you are an attorney. The appropriate box should be checked indicating whether or not your representation extends beyond just the preparation of the petition. Normally the box would be checked to show that the attorney’s representation in the matter extends beyond just preparing the petition. You must sign and date the form where indicated. Instructions and Tips for Completing the Application for Adjustment of Status Based on a Family-Based I-130 Immigrant Petition: Forms G-28 and I-485 Make sure to read the current USCIS instructions to the Form I-485. USCIS may have made changes to their instructions since this guide was published. This guide is to be used as a supplement to the USCIS instructions, not as a substitution. Make sure that you are using a valid edition of the Form. The USCIS website page for the Form I-485 in the Forms section of the USCIS website contains a dropdown listing for “Edition Date.” Compare the date(s) listed on the USCIS website to the edition date listed on the bottom left of the pages of the Form I-485. The instructions listed here are for the 03/29/2021 edition of the Form I-485 and the 09/17/2018 edition of the Form G-28, which are the current editions of these Forms as of the publishing of this guide—see https://www.uscis.gov/i-485 and https://www.uscis.gov/g-28. The Form I-485 application to register permanent residence or adjust status is filed to allow a foreign national to become a U.S. lawful permanent resident through the process of adjustment of status. This guidance covers completion of Form I-485 application for adjustment of status based upon a pending or approved Form I-130 family-based immigrant petition. This guidance covers the completion of the I-485 in the following situations: The foreign-national applicant is the beneficiary of a pending or approved I-130 Immigrant petition, under the immediate relative category (IR), which includes: Spouse of a U.S. Citizen; Parent of a U.S. Citizen; or Unmarried child of a U.S. Citizen under the age of 21 (including those who are over 21, but who benefit from having their age “frozen” under 21 under the child Status Protection Act); The foreign-national applicant is the beneficiary of a pending or approved I-130 immigrant petition under a Family-Based Preference Category, which includes: F-1: Unmarried Son or Daughter of a U.S. Citizen who is over 21; F-2A spouse: spouse of a Lawful Permanent Resident (LPR); F-2A child: Unmarried child of a LPR under the age of 21 (including those who are over 21, but who benefit from having their age “frozen” under 21 under the child Status Protection Act); F-2B: Unmarried Son or Daughter of a LPR over the age of 21; F-3: Married Son or Daughter of a U.S. Citizen; F-4: Sibling of a U.S. Citizen. An I-485 applicant can be filing either as: A principal applicant, meaning they are the beneficiary listed as the beneficiary on the I-130 petition; or A derivative applicant, meaning that they are applying as the spouse of the principal applicant or as the unmarried child under the age of 21 of the principal applicant. Note: A spouse or child, however, cannot qualify as a derivative applicant of someone who is the beneficiary of an I-130 under the IR category. An I-485 application that is being filed based upon an I-130 under the IR category can either be filed with USCIS concurrently with the I-130 petition or filed at any time after the I-130 petition is filed with USCIS. The I-130 petition does not need to be approved before the I-485 application is filed. An I-485 application that is being filed based upon an I-130 under one of the family-based preference categories (F-1, F-2A, F-2B, F-3, F-4) cannot be filed until either: A visa is available for the preference date for that I-130 under the “Final Action” chart of the Department of State (DOS) Visa Bulletin for the month in which the I-485 is being filed; or The preference date for that I-130 petition has been reached under the “Dates for Filing” chart of the Visa Bulletin for the month in which the I-485 is being filed AND the USCIS “Adjustment of Status Filing Chart” allows for the filing of the I-485 under the Visa Bulletin’s “Dates for Filing” chart for the month in which the I-485 is being filed. The I-130 petition does not need to be approved before the I-485 application is filed. The Visa Bulletin is available at https://travel.state.gov/content/travel/en/legal/visa-law0/‌visa-‌bulletin.html. The USCIS “Adjustment of Status Filing Chart” is available at https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin. An I-485 application for a derivative applicant must either be filed with USCIS concurrently with the I-485 for the principal applicant or else must be filed with a copy of the Receipt Notice of the principal applicant’s pending I-485 or copy of approval notice or alien registration card from the principal applicant’s approved I-485. When the I-485 application is being prepared and filed by an Attorney, a Form G-28 Notice of Appearance as Attorney signed by the I-485 applicant should be submitted with the I-485. Where the I-485 application is being submitted under the INA §245(i) “amnesty,” a Form I-485A Supplement A to Form I-485 for Adjustment of Status Under Section 245(i) should be submitted concurrently with the I-485. For I-485 applications filed based on an I-130 immigrant petition, a Form I-864 Affidavit of Support must be submitted by the I-130 petitioner concurrently with the I-485. Where necessary, Forms I-864A for household members and Forms I-864 for co-sponsors should be included. Where the applicant meets one of the exceptions to requiring an I-864, a Form I-864W is submitted instead. Applicants who wish to apply for work authorization and/or an advance parole travel permit can concurrently submit a Form I-765 application for Work Authorization and/or Form I-131 Application for Travel Document together with the I-485 application. Each I-485 application requires a separate filing fee. The filing fee for the I-485 depends on the age of the applicant, as follows: At least 14 years old but under 79 years old: $1140 + $85 biometrics fee = $1225 total At least 79 years old: $1140 + $0 biometrics fee = $1140 total 13 years old or younger and applying together with a parent = $750 + $0 biometrics fee = $750 total 13 years old or younger and not applying together with a parent = $1140 +$0 biometrics fee = $1140 total Note: If the I-485 is filed for an applicant that is 13 or younger at the time of filing but the applicant turns 14 prior to the adjudication of the I-485 application, they will not submit a biometrics fee at the time of filing but will be required to pay the $85 biometrics fee prior to the adjudication of their I-485 application. As the filing fees can change, make sure to verify the required filing fees at the time of filing. The required filing fees are listed on USCIS website page for the Form I-485 in the Forms section of the website, under the dropdown listing for “Filing Fee” at https://www.uscis.gov/i-485. The I-485 application must be filed with two passport-style photographs of the applicant. Type or print legibly in black ink. If you need extra space to complete any item in the I-485, go to Part 14, Additional Information, enter the applicant’s name and Alien Registration Number (A#) on each additional page used, where indicated. List the Page Number, Part Number, and Item Number to which each answer refers. Answer all questions fully and accurately. USCIS instructions advise that if an item is not applicable or the answer is “none,” to type or print “N/A,” and it is recommended that you do so. However, as of the publishing of this guide, USCIS will not reject the application if you do not enter “none” or “N/A” for all inapplicable questions. However, if the question requires that at least one box be checked to answer the question, and no box is checked, this might result in the rejection of the application or an issuance of a Request for Additional Information. Where the term attorney is used in this guidance, it refers to either a licensed attorney or a BIA accredited representative and for the purposes here, the guidance assumes that the preparer is an attorney. FORM G-28 NOTICE OF APPEARANCE AS ATTORNEY Part 1 Information About Attorney or Accredited Representative Question 1 – USCIS Online Account Number: If you (the attorney (or accredited representative)) have a USCIS Online Account Number issued for the USCIS Electronic Immigration System (also known as the USCIS ELIS system), you can enter it here. If you do not have a USCIS Online Account Number, enter “N/A” here. Question 2 – Name of Attorney or Accredited Representative: Enter your full last name, first name, and middle name. Question 3 – Address of Attorney or Accredited Representative: Enter your mailing address. Questions 4, 5, 6 and 7 – Contact Information of Attorney or Accredited Representative: Enter your work telephone number, cell phone number (if any), email address (if any), and fax number (if any). You do not have to provide a cell phone number, email address, or a fax number, if you prefer not to. However, it can be helpful for the Service to have this additional contact information should they wish to reach you. Part 2 Eligibility Information for Attorney or Accredited Representative Question 1 – If you are an attorney admitted to practice in the United States, Check box 1.a and complete Questions 1.b, 1.c, and 1.d. 1.a – In the box labeled “Licensing Authority,” list all U.S. states, D.C., possessions, territories, and commonwealths where you are admitted. In the box in 1.b enter all bar numbers for all the jurisdictions listed in 1.a. If you need extra space to complete this section, use the space provided in Part 6. 1.c – Check the appropriate box to indicate whether or not you are subject to any disciplinary actions restricting your ability to practice law in any of the jurisdictions where you are admitted. If you are subject to any order suspending, enjoining, restraining, disbarring, or otherwise restricting you in the practice of law, provide an explanation in Part 6. Attorneys are required to notify DHS of convictions or discipline under 8 CFR §292.3. 1.d – Enter the name of your law firm or organization, if applicable. If you need extra space to complete this section, use the space provided in Part 6. Question 2 – If you are not an attorney admitted to practice in the United States, but are an Accredited Representative of a recognized organization, as defined in 8 CFR Part 1292, Check box 2.a and complete Questions 2.b and 2.c. 2.b. – Enter the name of the relevant organization recognized by the Department of Justice under 8 CFR Part 1292. 2.c – Enter the date of accreditation . Question 3 – Limited Appearance for Another Attorney: Skip this question. You would not check this box as the attorney or accredited representative filing the I-485. Question 4 – Law Student: Skip this question. You would not check this box as the attorney or accredited representative filing the I-485. Part 3 Notice of Appearance as Attorney or Accredited Representative Questions 1 – 3: This appearance is related to immigration matters before (select only one): Question 1 – USCIS: Check box 1.a showing that you are filing the accompanying application with USCIS. Enter “I-485” in box 1.b. You can also list additional forms that are being filed concurrently by the applicant with the I-485. For example, “I-485, I-765, I-131.” Question 2 – ICE: Skip this question. Question 3 CBP: Skip this question. Question 4 – Receipt Number (if any): Enter “N/A” here. Question 5 – I enter my appearance as an Attorney or Accredited Representative at the request of the (select only on box): Check “Applicant.” Information About Client (Applicant, Petitioner, Requestor, Beneficiary or Derivative, Respondent, or Authorized Signatory for an Entity) Question 6 – Name: Enter the applicants full legal family name, given name, and middle name. Enter the legal name as listed on the I-485 application. Question 7.a – Name of Entity (if applicable): Enter “N/A” here. Question 7.b – Title of Authorized Signatory for Entity (if applicable): Enter “N/A” here. Question 8 – Client’s USCIS Online Account (if any): If the client does not have a USCIS Online Account Number, enter “N/A” here. If the client was issued a USCIS Online Account Number, enter it in the space provided. If the client has previously filed an application or petition using the USCIS online filing system (previously called USCIS Electronic Immigration System or USCIS ELIS), provide the USCIS Online Account Number they were issued by the system. If the client previously filed certain applications or petitions on a paper form through a USCIS Lockbox Facility, they may have received a USCIS Online Account Access Notice issuing a USCIS Online Account Number. They may find the USCIS Online Account Number (if any) at the top of the notices for the previously filed petition or application. The USCIS Online Account Number is not the same as an A-Number. Question 9 – Client's Alien Registration Number (A-Number) (if any): Enter the applicant’s Alien Registration Number (A-Number or A#) if they have one. If they are the principal beneficiary an already pending or approved I-130 petition, or they previously have filed an I-485 application, their A# would be listed on the top of the receipt notice or approval notice for the petition or application as the USCIS Alien Number. If they are currently or previously been in immigration removal proceedings before the Immigration Court (EOIR), their A# would be listed on their notice to appear and on any hearing or judgment notices issued by the immigration court. Questions 10, 11, and 12 – Client's Contact Information: Enter the contact information for the applicant. Enter their daytime telephone number, cell phone number (if any), and email address (if any). Question 13 – Mailing Address of Client: Enter the applicant’s home/personal mailing address. As a rule, the address of the attorney should not be used here. Exception: In certain situations, for example if the applicant has a pending or approved Form I-360 Violence Against Women Act (VAWA) self-petition, Form I-914 application for T Nonimmigrant Status, or Form I-918 petition for U Nonimmigrant Status and does not feel safe receiving correspondence regarding this application at their residential address, you may instead provide a safe mailing address in response to Question 13, including but not limited to the address of the attorney. Part 4. Client's Consent to Representation and Signature Question 1.a, 1.b, and 1.c – Options Regarding Receipt of USCIS Notices and Documents – Check boxes 1.a and 1.b if you would like to have original notices and secure identity documents (such as Employment Authorization Document or Alien Registration Card) to be mailed to you. Courtesy copies will be sent to the client. If you are checking boxes 1.a and 1.b, you would not check box 1.c. This is the preferred option for most attorneys. Alternatively, check box 1.c only if the client wants the original notices and secure identity documents to be sent to the client rather than having USCIS send these notices to you. You will receive courtesy copies of the notices. Signature of Client or Authorized Signatory for an Entity The applicant must sign and date here. Part 5. Signature of Attorney or Accredited Representative You must sign and date here. Part 6. Additional Information This section is used if there is not enough space in any other parts of the form to provide all requested information. Note: Even if no information is provided in Part 6, this page should still be included with the Form G-28 when filed. Failure to provide all pages of the G-28, including Part 6, could result in USCIS failing to recognize you as attorney of record. FORM I-485 APPLICATION FOR ADJUSTMENT OF STATUS Check the box on the top of Page 1 indicating that a G-28 is being submitted with the I-485. In the appropriate box, you (the Attorney) should enter your Attorney State Bar Number. If you have a USCIS Online Account Number, enter it where indicated. The applicant’s Alien Registration Number (A# or A-Number), if they have one, should be entered at the top of each page of the I-485 application, where indicated. If they are the principal beneficiary an already pending or approved I-130 petition or they previously have filed an I-485 application, their A# would be listed on the top of the receipt notice or approval notice for the petition or application as the USCIS Alien Number. If they are currently or previously been in immigration removal proceedings before the immigration court (EOIR), their A# would be listed on their notice to appear and on any hearing or judgment notices issued by the immigration court. Part 1. Information About You (individual applying for lawful permanent residence) Question 1 – Your Current Legal Name: Enter the applicant’s full legal name. Do not enter a nickname here. The name listed here should generally match the name listed on the applicant’s passport unless the applicant has since legally changed their name. If the applicant does not have a passport but they have a national ID card issued by their government, then you should use the name as listed on that document unless the applicant has since legally changed their name. Otherwise, the name of the applicant as listed on their birth certificate should be used unless the applicant has since legally changed their name. If the applicant has legally changed their name, you should list their current legal name as listed on the official name-change document. You should include the legal name-change document with the application (i.e., Marriage Certificate, Court issued Name Chance Decree, etc.) and include an explanation of the discrepancy. However, it is recommended that the applicant updates their passport and/or national ID to reflect their legal name change since USCIS often will rely on the passport or national ID as the document showing the applicant’s legal name and may issue the Alien Registration Card in that name rather than the legally changed name despite what is listed here. You should also make sure that the applicant’s legal name is correctly listed here because an error in the listing of the legal name will result in an error in the legal name that listed on the applicant’s Alien Registration Card. For example, if the applicant has two last names (i.e., a last name of “Martinez Rodriguez”), you should be careful to enter both names correctly in the box 1.a for Family Name (Last Name) and not list one name as the applicant’s Middle Name and the other as the Last Name. Also, if the applicant has a last name that is hyphenated, you should be careful to include the hyphen in the last name as listed here. If the applicant does not have a first name, enter “FNU” under Given Name (First Name). If the applicant does not have a last name, enter “No Last Name” under Family Name (Last Name). If the application has no middle name, leave the box for Middle Name blank. Questions 2 through 4 – Other Names You Have Used Since Birth: Provide all other names and variations of the name the applicant has ever used, including their family name at birth, prior married names, other legal names, nicknames, aliases, and assumed names. If you need extra space to complete this section, use the space provided in Part 14. Enter “N/A” if applicant has never used any other names. Other Information About You Question 5 – Date of Birth: Enter the applicant’s date of birth in the (mm/dd/yyyy) format. The applicant’s date of birth can be found on their passport (if any), their national ID (if any), and/or their birth certificate. If there is any discrepancy between the birth date as listed on their passport or national ID and the birth date as listed on their birth certificate, be prepared to explain the discrepancy. If the applicant has used more than one date of birth, enter any additional dates of birth in Part 14. If the applicant’s birth certificate is unavailable, the applicant should obtain a Letter of Unavailability from the appropriate government office and should provide secondary evidence in lieu of the birth certificate. In such a case, the date of birth listed on the secondary evidence should be listed here. See the DOS Visa Reciprocity Table (https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Docu‌ments‌-by-Country.html) for country-specific information about civil documents. Question 6 – Gender: Check the appropriate box to indicate the applicant’s gender. If there is any question as to the gender of the applicant, USCIS will generally refer to the gender listed on the applicant’s passport. Questions 7 and 8 – City or Town of Birth and Country of Birth: Enter the applicant’s city or town of birth and the applicant’s country of birth as listed on the applicant’s passport. If the applicant does not have a passport, enter the applicant’s place of birth as listed on their birth certificate. Question 9 – Country of Citizenship or Nationality: Enter all countries where the applicant currently has citizenship or nationality. If the applicant is stateless, having no country of citizenship or nationality, enter the country that issued their most recent travel document, if any. Otherwise, enter “None.” Question 10 – Alien Registration Number (A-Number) (if any): If the applicant has been issued an Alien Registration Number (A# or A-Number), enter it here. If they are the principal beneficiary of an already pending or approved I-130 petition or if they previously have filed an I-485 application, their A# would be listed on the top of the receipt notice or approval notice for the petition or application as the USCIS Alien Number. If they are currently in or have previously been in immigration removal proceedings before the immigration court, their A# would be listed on their notice to appear and on any hearing or judgment notices issued by the immigration court. Normally, an applicant should not have been issued more than one A#. However, an applicant sometimes does have more than one A#. If so, any additional A#’s issues to the applicant should be listed in Part 14. USCIS should then combine both of the applicants’ files under one A#. Note: If the applicant already has an A#, it is best practice to call the EOIR Automated Case Status Hotline (1-800-898-7180) and enter in the applicant’s A#. If the EOIR automated hotline indicates a record associated with that A#, this tells you that the applicant has previously been in immigration removal proceeding before the EOIR or is currently in immigration removal proceeding. The hotline will also allow you to hear information about the most recent judgment information issued by the immigration court on the client’s case. This may result in a need for the attorney to change the case strategy for the client. Question 11 – USCIS Online Account Number (if any): If the client was issued a USCIS Online Account Number, enter it in the space provided. If the client has previously filed an application or petition using the USCIS online filing system (previously called USCIS Electronic Immigration System or USCIS ELIS), provide the USCIS Online Account Number they were issued by the system. If the client previously filed certain applications or petitions on a paper form through a USCIS Lockbox facility, they may have received a USCIS Online Account Access Notice issuing a USCIS Online Account Number. They may find the USCIS Online Account Number (if any) at the top of the notices for the previously filed petition or application. The USCIS Online Account Number is not the same as an A-Number. Question 12 – U.S. Mailing Address: You must provide a valid mailing address in the United States for the applicant here. You may list a valid U.S. residence, APO, or commercial address. You may also list a U.S. Post Office address (P.O. Box) if that is how the applicant receives their mail. If their mail is sent to someone other than the applicant, please include an “In Care of Name” as part of the mailing address. If the U.S. mailing address is in a U.S. territory and it contains an urbanization name, list the urbanization name in the “In Care of Name” space provided. Do not use your (attorney’s or other legal representative) address. Exception: In certain situations, for example if the applicant has a pending or approved Form I-360 VAWA self-petition, Form I-914 application for T Nonimmigrant Status, or Form I-918 petition for U Nonimmigrant Status and does not feel safe receiving correspondence regarding this application at their residential address, you may instead provide a safe mailing address in response to Question 14. In that case, you will enter “N/A” here and enter the applicant’s safe mailing address in response to Question 14. Question 13 – Alternate and/or Safe Mailing Address: If you entered the applicant’s U.S. mailing address in response to Question 13, enter “N/A” here. As mentioned above, in certain situations only, e.g., if the applicant has a pending or approved Form I-360 VAWA self-petition, Form I-914 application for T Nonimmigrant Status, or Form I-918 petition for U Nonimmigrant Status and does not feel safe receiving correspondence regarding this application at their residential address, provide a safe mailing address here. You may provide a P.O. Box or the address of a friend, your (the attorney’s) address, a community-based organization that is helping the applicant, or any other address where the applicant can safely and punctually receive mail. If an alternate or safe mailing address is not provided, USCIS may use your (attorney or preparer) address, if any. Questions 14 – 17 - Has the Social Security Administration ever officially issued a Social Security card to you: Check the appropriate box to indicate yes or no. In Question 15, enter the applicant’s Social Security Number (SSN), if the applicant has ever been issued an SSN by the Social Security Administration, even if the SSN was issued to the applicant in a different name than they currently use, such as a maiden name. However, if the applicant has previously used an SSN that was issued to someone else or used a made-up SSN, that SSN should not be entered here. Additionally, the use of someone else’s SSN or of a fake SSN could result in certain grounds of inadmissibility that would make an applicant ineligible for adjustment of status to become a U.S. Permanent Resident. As such, if the applicant has used someone else’s SSN or a fake SSN, before filing an I-485 application, you should review in detail whether any potential grounds of inadmissibility have been triggered and, if so, whether a waiver of the grounds of inadmissibility is possible for the applicant. Question 16 asks the applicant if he or she would like a Social Security card issued after the adjudication of the adjustment application. If the answer is yes, the applicant must check the box in Question 17 consenting to the disclosure of information from the I-485 application to the SSA. Recent Immigration History Question 18 through 24: Answer Questions 18 through 24 if the applicant used a passport or other travel document when they last entered the United States. Answer these questions with the information about the passport or travel document that was used to enter the United States. This is not necessarily the applicant’s current passport or travel document. If the applicant did not use a passport or other travel document when they last entered the United States, enter “N/A” in response to Questions 18 through 22. If applicant used a passport to be admitted or paroled into the United States when they last entered the United States, a copy of the passport biometrics page, any entry stamp entered by CBP at the time and the nonimmigrant visa used by the applicant (if applicable) should be submitted with the application. If the applicant used any other travel document to be admitted or paroled into the United States when they last entered the United States, a copy of the travel document should be submitted with the application. Question 18 – Passport Number Used at Last Arrival: Enter the passport number for the passport used to enter the United States at the time of the applicant’s most recent entry into the United States. If the applicant did not use a passport to enter the United States for their most recent entry into the United States, enter “N/A” here. Question 19 – Travel Document Number Used at Last Arrival: Enter the document number for the travel document (other than a passport) used to enter the United States at the time of the applicant’s most recent entry into the United States. If the applicant did not use a travel document to enter the United States for their most recent entry into the United States, enter “N/A” here. Question 20 – Expiration Date of this Passport or Travel Document: Enter the expiration date for the passport or travel document used to enter the United States at the time of the applicant’s most recent entry into the United States. If the applicant did not use a passport or travel document to enter the United States for their most recent entry into the United States, enter “N/A” here. Question 21 – Country that Issued this Passport or Travel Document: Enter the country that issued the passport or travel document that the applicant used to enter the United States at the time of the applicant’s most recent entry into the United States. If the applicant did not use a passport or travel document to enter the United States for their most recent entry into the United States, enter “N/A” here. Question 22 – Nonimmigrant Visa Number from this Passport (if any): If the applicant was admitted to the United States based upon a nonimmigrant visa when they most recently entered the United States, enter the nonimmigrant visa number listed on the visa that was used to admit the applicant to the United States. Note: The visa number is not the “control number” listed on the visa. The visa number for the nonimmigrant visa is the number listed in red on the bottom right of the visa or at the top of the visa in older visas. If the applicant did not enter on a nonimmigrant visa at the time of their most recent entry into the United States, enter “N/A” here. Question 23 – Place of Last Arrival into the United States: Enter the city and state of the Port-of-Entry (POE) where the applicant entered the United States at the time of their most recent entry into the United States. If the applicant was inspected and admitted by CBP, CBP will usually (but not always) place an entry stamp in the passport. Where the applicant was issued a paper I-94 card at the time of their entry, the entry stamp will be on the I-94 as well. The entry stamp, if legible, will contain a three-letter code that indicates the POE through which the applicant was admitted. If the applicant’s most recent entry at a POE was within the past 5 years, the code for the POE may be listed on the applicant’s CBP Travel History available on the CBP website at https://www.cbp.gov/ by clicking the link for “Get Your I-94 Admission Number” and then clicking on “View Travel History.” A list of the CBP POE Codes and the city and state that they refer to is available in the Foreign Affairs Manual, at 9 FAM 102.5-3, available at https://fam.state.gov/fam/09FAM/09FAM010205.html. If the applicant did not enter the United States at a CBP POE at the time of their last entry into the United States, they should enter the name of the town nearest to where they entered the United States, if known. If the applicant did not enter the United States at a CBP POE at the time of their last entry into the United States and if the applicant does not know where they entered the United States, enter “US/Mexico Border” or similarly appropriate response, and enter the state where they entered, if known. Note: For applicant’s filing the I-485 based upon an I-130 petition, they must either have been inspected by CBP and admitted or paroled into the United States OR they must be eligible to apply for adjustment of status under the INA §245(i) “amnesty.” Question 24 – Date of Last Arrival: Enter the date on which the applicant last entered the United States in the (mm/dd/yyyy) format. If applicant was issued an I-94 at the time of their most recent entry into the United States, the date of arrival will be listed on the I-94, which will be either the paper I-94 card given to them when they arrived or the I-94 issued online by CBP. The online I-94 is available at https://www.cbp.gov/ by clicking the link for “Get Your I-94 Admission Number.” If CBP has stamped the applicant’s passport and/or advance parole travel document when they last entered the United States, the date of entry should be listed on the entry stamp, if legible. If the applicant did not enter the United States at a CBP POE at the time of their last entry into the United States, enter the date that corresponds to the best of the applicant’s memory or available documentation. Question 25 – When I last arrived in the United States, I: Check the appropriate box to indicate the manner in which the applicant entered the United States at the time of their most recent entry into the United States. Check box 25.a. if the applicant entered the United States at a CBP POE and inspected by a CBP officer and admitted into the United States. Enter in the appropriate space the nonimmigrant visa category in which the applicant was admitted as indicated by the I-94 they were issued or stamp in their passport (for example, exchange visitor; visitor, temporary worker; student). If the applicant was not issued an I-94 and their passport was not stamped, enter “waived through.” Note: An applicant who was “waived through” has the burden of proof of showing, by the preponderance of the evidence, that they were inspected and admitted or paroled into the United States at the time of their last entry into the United States. Check box 25.b if the applicant entered the United States at a CBP POE and was inspected by a CBP officer and paroled into the United States. Enter the appropriate basis for parole as indicated on their parole document and/or entry stamp in their passport (e.g., humanitarian parole, Cuban parole). Check box 25.c if the applicant did not enter the United States through a CBP POE and instead came into the United States without admission or parole. Note: An applicant filing the I-485 based upon an I-130 petition who was not inspected by CBP and admitted or paroled into the United States at the time of their most recent entry into the United States must be eligible to apply for Adjustment of Status under the INA §245(i)“amnesty.” Check box 25.d and enter an explanation if the above three options do not cover the manner in which the applicant entered the United States. Question 26 – Form I-94 Arrival-Departure Record: If CBP or USCIS has issued Form I-94, Arrival-Departure Record to applicant: In Question 26.a enter the Form I-94 Arrival-Departure Record Number (also listed as the Departure Number on some versions of the I-94) that is listed on the most recent I-94 issued to the applicant by CBP or USCIS. If the applicant has not been issued an I-94 by CBP or USCIS, enter “N/A” here. In Question 26.b, enter the Expiration Date of Authorized Stay, listed as the “Admit Until Date” or “Class Until” date) shown on that Form I-94 in the (mm/dd/yyyy) format. For applicants who are/were in F, M, or J nonimmigrant status, the expiration date listed will be “D/S,” which stands for “Duration of Status.” Enter “D/S” here, rather than an actual date, for those who were most recently issued an I-94 that lists a “D/S” expiration date. In Question 26.c, enter the status of admission or parole that is listed on that Form I-94 (listed as “Class” or “Class of Admission”), e.g., paroled, B-2, H-1B, F-1, etc. Note: If the applicant was admitted to the United States by CBP at an airport or seaport after April 30, 2013, they may have been issued an electronic Form I-94 by CBP instead of a paper Form I-94. You can view and print out this I-94 from the CBP website at www.cbp.gov/i94. Some travelers admitted to the United States at a land border, airport, or seaport, after April 30, 2013, with a passport or travel document, who were issued a paper Form I-94 by CBP may still be able to obtain a replacement Form I-94 from the CBP website. If the applicant has lost their Form I-94 and the I-94 cannot be obtained from the CBP website, it may be obtained by filing Form I-102 application for Replacement/Initial Nonimmigrant Arrival-Departure Record with USCIS. Question 27 – What is your current immigration status if it has changed since your arrival?: Enter the applicant’s current immigration status. If the applicant is currently in valid nonimmigrant status, enter the classification of nonimmigrant status as listed on their current unexpired I-94. If the applicant has overstayed their nonimmigrant status, indicate this (e.g., “B-2 Overstay”). If the applicant is in Temporary Protected Status, enter “TPS.” If the applicant is on parole, enter “parole.” If the applicant has DACA Deferred Action, enter “DACA.” If the applicant entered the United States without being inspected at a CBP POE and does not hold any other immigration status, enter “EWI” for Entry Without Inspection. Note: applicants who are filing their I-485 based upon an I-130 in one of the Preference Categories (F1, F-2A, F-2B, F-3, F-4) must show that they have continued to maintain valid nonimmigrant status from the time of their most recent entry into the United States through the filing of the I-485 application. If they are unable to show this, they must be able to show that they are eligible to apply file the I-485 under the INA §245(i) “amnesty.” Those on parole, those who have overstayed their nonimmigrant status, those who have DACA, and those who entered the United States without inspection are not considered to have continuously maintained nonimmigrant status. An applicant who currently has TPS, but who either: a) entered the United States without being admitted in nonimmigrant status; or b) had fallen out of status between their most recent admission into the United States and being granted TPS is a more complicated situation, which is beyond the scope of this guide. See AILA Practice Pointer on Screening TPS beneficiaries at https://www.aila.org/infonet/practice-pointer-screening-tps-beneficiaries for further discussion about Adjustment of Status for those with TPS. Applicants who are filing their I-485 based upon an IR category I-130 are not required to show that they have maintained valid nonimmigrant status from the time of their entry through the filing of the I-485. However, they must still be able to show that they were inspected and admitted or paroled into the United States at the time of their most recent entry into the United States or have since been lawfully admitted or paroled. If not, they must be able to show that they are eligible to apply for adjustment of status under INA §245(i). Question 28 – Provide your name exactly as it appears on your Form I-94 (if any): If the applicant has been issued an I-94 by CBP or USCIS, enter their name exactly as it appears on the I-94 that was most recently issued to them by CBP or USCIS. Part 2. Application Type or Filing Category Question 1 – Basis for Filing the I-485 Application for a Family-Based Application: Check one of the following boxes to indicate the basis for the I-485 application. Note: This guidance only covers the specifics of the I-485 for an application filed based on a family-based Form I-130 Immigrant Petition for Relative. This guidance does not necessarily address the specifics for the other categories listed here, which have different requirements and procedures. 1.a Family-Based: Check the box for “Immediate relative of a U.S. citizen, Form 1-130” where the I-485 is being filed based upon a Form I-130 Immigrant petition under the IR category. This includes the following I-130 petitions: U.S. citizen petitioning for their spouse; U.S. citizen petitioning for their parent; U.S. citizen petitioning for their unmarried child who is under the age of 21. Check the box for “Other relative of a U.S. citizen or relative of a lawful permanent resident under the family-based preference categories, Form I-130” where the I-485 is being filed based on a Form I-130 immigrant petition under one of the family-based preference categories. This includes the following I-130 petitions: U.S. citizen petitioning for their unmarried son or daughter who is 21 or older (F-1); LPR petitioning for their spouse (F-2); LPR petitioning for their unmarried child under the age of 21 (F-2A); LPR petitioning for their unmarried son or daughter who is 21 or older (F-2B); U.S. citizen petitioning for their married son or daughter (F-3); U.S. citizen petitioning for their sibling (F-4). Note: You should also check this box if the I-485 is being filed for the derivative beneficiary spouse or child of a primary beneficiary of an I-130 in the F-1, F-2A, F-2B, F-3 or F-4 preference categories. Check the box for “Person admitted to the United States as a fiancé(e) or child of a fiancé(e) of a U.S. citizen, Form I-129F (K-1/K-2 Nonimmigrant)” where the I-485 is being filed based upon the applicant having entered the United States on a K-1 or K-2 nonimmigrant fiancé(e) visa and marrying their United States citizen fiancé(e) within 90 days of arriving in the United States. Note: The instructions contained in this guidance do not necessarily address the specifics of this basis for filing the I-485 application. Check the box for “Widow or widower of a U.S. citizen, Form I-360” where the I-485 is being filed based upon a Form I-360 Immigrant petition for a Widow or Widower of a U.S. citizen. Note: The instructions contained in this guidance do not necessarily address the specifics of this basis for filing the I-485 application. Check the box for “VAWA self-petitioner, Form I-360” where the I-485 is being based upon a Form I-360 Immigrant petition under the Violence Against Women Act (VAWA) for battered spouse or child. Note: The instructions contained in this guidance do not necessarily address the specifics of this basis for filing the I-485 application. Other Categories: The I-485 can also be used to apply for Adjustment of Status to LPR status based upon the following categories. Note: The instructions contained in this guidance do not necessarily address the specifics of filing the I-485 application based on these categories. 1.b Employment-Based Alien worker, Form I-140 Alien entrepreneur, Form I-526 1.c Special Immigrant Religious worker, Form I-360 Special immigrant juvenile, Form I-360 Certain Afghan or Iraqi national, Form I-360 Certain international broadcaster, Form I-360 Certain G-4 international organization or family member or NATO-6 employee or family member, Form I-360 1.d Asylee or Refugee Asylum status (INA Section 208), Form I-589 or Form I-730 Refugee status (INA Section 207), Form I-590 or Form I-730 1.e Human Trafficking Victim or Crime Victim Human trafficking victim (T Nonimmigrant), Form I-914 or derivative family member, Form I-914A Crime victim (U Nonimmigrant), Form I-918, derivative family member, Form I-918A, or qualifying family member, Form I-929 1.f Special Programs Based on Certain Public Laws The Cuban Adjustment Act Crime victim (U Nonimmigrant), Form I-918, derivative family member, Form I-918A, or qualifying family member, Form I-929 Dependent status under the Haitian Refugee Immigrant Fairness Act Dependent status under the Haitian Refugee Immigrant Fairness Act for battered spouses and children Lautenberg Parolees Diplomats or high-ranking officials unable to return home (Section 13 of the Act of September 11, 1957) Indochinese Parole Adjustment Act of 2000 1.g Additional Options Diversity Visa program Continuous residence in the United States since before January 1, 1972 ("Registry") Individual born in the United States under diplomatic status Other eligibility (catch-all category for any not listed above) Question 2 – INA Section 245(i): Check “Yes” or “No” to indicate whether the application is being filed under the INA §245(i) “amnesty.” The applicant may be able to adjust status under INA §245(i) even if they are subject to one or more adjustment bars and are therefore ineligible for adjustment of status under INA §245(a). INA §245(i) is not an immigrant category by itself. In order to adjust status using INA §245(i), the applicant must be eligible for an immigrant visa under a family-based, employment-based, special immigrant, or diversity visa category. You must select one of the immigrant categories listed in Questions 1.a through 1.g as the basis for the application for adjustment of status. If the I-485 application is being filed under §245(i), you must also submit a Form I-485A Supplement A to the I-485 and supporting documentation showing that the applicant meets all requirements to qualify for the exceptions for Adjustment of Status under the INA §245(i). Information About Your Immigrant Category Question 3 and Question 4: Complete Questions 3 and 4 if the applicant is filing the I-485 as a principal applicant. Skip Questions 3 and 4, and continue to Question 5, if the applicant is filing the I-485 as a derivative applicant. Question 3 – Receipt Number of Underlying Petition (if any): If the I-485 is being filed based upon an I-130 petition that has already been filed and is pending or approved, enter the Receipt Number for that I-130 petition here. The receipt number can be found at the top of the receipt notice or approval notice for the I-130 petition. The receipt number will have the format of three letters representing the USCIS Service Center that issued the notice (i.e., CSC, EAC, IOE, LIN, MSC, NBC, NSC, SRC, VSC, WAC) followed by 10 digits. If the Form I-130 petition is being filed concurrently with the I-485 application, enter “Concurrently Filed” here. Question 4 – Priority Date from Underlying Petition (if any): If the I-485 is being filed based on an I-130 petition that has already been filed and is pending or approved, enter the priority date for that I-130 petition here. The priority date is noted at the top of the receipt notice or approval notice, although sometimes USCIS does not list the priority date on the notice. The priority date is the date that the I-130 petition was filed with USCIS (the “Received Date”), unless the applicant is eligible to retain (recapture) the priority date from a different approved I-130 petition filed by the same petitioner for the same beneficiary. If the Form I-130 petition is being filed concurrently with the I-485 application, skip this Question. Questions 5 through 9: Complete Questions 5 through 9 if the applicant is filing the I-485 as a derivative applicant (the spouse or unmarried child under 21 years of age of a principal applicant). Skip Questions 5 through 9, and continue to Part 3, if the applicant is filing the I-485 as a principal applicant. Question 5 – Principal Applicant's Name: Enter the name of the principal applicant (who is the derivative applicant’s spouse or parent listed as the beneficiary for the preference category I-130 immigrant petition). Question 6 – Principal Applicant's A-Number (if any): Enter the Alien Registration Number (A-Number or A#) for the principal applicant if they have one. If the I-130 for the principal applicant has already been filed, their A# may be listed on the receipt notice or approval notice for the pending or approved I-130. Question 7 – Principal Applicant's Date of Birth: Enter the date of birth for the principal applicant in the (mm/dd/yyyy) format. Question 8 – Receipt Number of Principal's Underlying Petition (if any): If the I-130 petition on behalf of the principal applicant has already been filed and is pending or approved, enter the receipt number for that I-130 petition here. The receipt number can be found at the top of the receipt notice or approval notice for the I-130 petition. The Receipt Number will have the format of three letters representing the USCIS Service Center that issued the notice (i.e., CSC, EAC, IOE, LIN, MSC, NBC, NSC, SRC, VSC, WAC) followed by 10 digits. If the Form I-130 petition on behalf of the principal applicant is being filed concurrently with the I-485 applications for the principal applicant and derivative applicant, enter “Concurrently Filed” here. Question 9 – Priority Date of Principal Applicant's Underlying Petition (if any): If the I-130 petition on behalf of the principal applicant has already been filed and is pending or approved, enter the priority date for that I-130 petition here. See comment above, under Question 4, for discussion about how to determine the Priority Date for the I-130 petition. If the Form I-130 petition is being filed concurrently with the I-485 applications for the principal applicant and derivative applicant, skip this question. Part 3. Additional Information About You Question 1 – Have you ever applied for an Immigrant Visa to obtain permanent resident status at a U.S. Embassy or U.S. Consulate abroad?: Check “Yes” or “No” to indicate whether the applicant has ever applied for an immigrant visa at a U.S. consular post abroad. This is not asking about nonimmigrant visas applied for by the applicant. This is also not asking whether anyone has ever filed an immigrant petition on behalf of the applicant. If Question 1 is answered “Yes,” complete Questions 2 through 4. If Question 2 is answered “No,” skip to Question 5. Question 2 – Location of U.S. Embassy or U.S. Consulate: Enter the city and country where the applicant previously applied for the immigrant visa. Question 3 – Decision: Enter the outcome resulting from the immigrant visa application filed by the applicant (for example: approved, refused, denied, withdrawn). Question 4 – Date of Decision: Enter the date that the immigrant visa application filed by the applicant was decided, in the (mm/dd/yyyy) format. Questions 5 through 8 – Address History: Provide the physical addresses for each location that the applicant has lived during the last five years, whether inside or outside the United States. List the applicant’s current address first, under Question 5, and then list the applicant’s addresses from most recent address to oldest address, making sure to cover the full 5-year period. If you need extra space to complete this section, use the space provided in Part 14. Additional Information. For each address: a) enter the street number and name; b) if the address contains an apartment number, suite number, or floor number, check the appropriate box and enter the appropriate apartment, suite, or floor number; c) enter the city; d) enter the state, if the address is a U.S. address; e) enter the zip code, if the address is a U.S. address; f) enter the province, if the address is outside the United States and applicable; g) enter the postal code, if the address is outside the United States and applicable; and h) enter the country. For each address: a) enter the date on which the applicant first started residing at that address, in the (mm/dd/yyyy) format; and b) enter the date on which the applicant moved out of that address, in the mm/dd/yyyy) format. These dates and addresses should be entered as accurately as possible, especially for I-485 applications that are being filed based upon an I-130 petition filed by a spouse, as inconsistencies in the dates where the spouses resided could call into question the credibility of the bona fides of the marriage when USCIS adjudicates the I-130 petition. However, if the applicant does not remember the exact day of the start or end of residence, it should be sufficient to list the first day of the month. Question 9 and 10 – Provide your most recent address outside the United States where you lived for more than one year (if not already listed above): If not already listed among the addresses where the applicant has lived in the past five years (Questions 5 through 8), enter the address where the applicant last lived outside the United States for a period of one year or more. Enter the address and the start date and end date of the applicant’s residence at that address. If the applicant’s last address abroad where they lived at for more than a year is already listed in response to Questions 5 through 8, you can either enter the information for the address again here or you can enter “Included above” here. Questions 11 through 18 – Employment History: Provide a full employment history for the applicant for the past five years, whether inside or outside the United States. Provide information for the complete time period, including part-time employment, self-employment, or periods of unemployment. If the applicant does not know the start or end days (i.e., “dd”), provide the applicant’s best estimate. Provide the name of their employer. Provide the locations and dates where the applicant worked. If the applicant worked for themselves, enter “self-employed.” If the applicant was unemployed for any period, enter “unemployed.” Begin by providing information about the applicant’s current or most recent employment, or period of unemployment in Questions 11 through 14. Then list all additional employment or periods of employment, for the past 5 years from most recent to oldest in Questions 15 through 18 and then in Part 14, if necessary. Questions 19 through 22 – Most recent employment outside of the United States (if not already listed above): If not already listed among the applicant’s employment within the past five years (Questions 11 through 18), enter the applicant’s most recent employment abroad. Enter the name of the employer, address, position, and the start date and end date of the applicant’s employment in that position. If the applicant’s most recent employment abroad is already listed in response to Questions 11 through 18, you can either enter the information for the position again here, or you can enter “Included above” here. Part 4. Information About Your Parents Questions 1 through 16 – Parents’ Information: Enter the following information for each of the applicant’s parents. Parent’s current legal name; Parent’s Name at the time the parent was born. If the parents’ name at the time the parent was born is the same as the parents’ name now, enter “Same”; Parent’s date of birth; Parent’s gender; City or town and country of birth; Current city or town and country of residence. If there are discrepancies between the name of the applicant’s parents on the applicant’s birth certificate and the names of either parent’s current legal name and birth name as listed here, you may wish to provide an explanation of the discrepancy on Part 14 and prepare the applicant to bring any relevant documentation to the USCIS interview. Part 5. Information About Your Marital History Questions 1 through 10 – Provide information about the applicant’s marital status and information about the applicant’s current spouse, if any. It is especially important that this information be accurate if the applicant is filing their I-485 based upon an I-130 filed by their spouse or if the applicant is filing the I-485 as a derivative applicant of the I-485 application of their spouse. You should verify the information contained in this section against the documentation provided in support of the application and be prepared to explain any discrepancies. Question 1 – What is your current marital status?: Check the appropriate box from among the following options to indicate the applicant’s marital status on the date that the I-485 application is filed. Check only one box. Single, Never Married Married Divorced Widowed Marriage Annulled Legally Separated Question 2 – If you are married, is your spouse a current member of the U.S. armed forces or U.S. Coast Guard?: If you indicated in Question 1 that the applicant is married, check “Yes” or “No” to indicate whether the applicant’s spouse is a member of the U.S. armed forces of coast guard. Question 3 – How many times have you been married?: Enter the number of times that the applicant has been married. If the applicant has never been married, enter “0.” If the applicant is currently married and never previously been married, enter “1.” Include all marriages, even annulled marriages. If the applicant married, the marriage was terminated through divorce or annulment, and then the applicant remarried the same spouse, that should be counted as two marriages. Questions 4 through 10 – Information About Your Current Marriage: If the applicant is not currently married (single, divorced, widowed, marriage annulled), enter “N/A” in response to Question 4 and skip to Question 11. If the applicant is currently married, including if they are legally separated from their spouse, complete Questions 4 through 10. Question 4 – Current spouse's Legal Name: Enter the current legal name for the applicant’s spouse. Do not enter a nickname here. See the guidance for Part 1, Question 1 for discussion of how to enter name if the applicant’s spouse has used more than one name. Question 5 – A-Number: Enter the Alien Registration Number (A# or A-Number) for the applicant’s spouse, if they have one. Question 6 – Current spouse's Date of Birth: Enter the date of birth for the applicant’s spouse using the (mm/dd/yyyy) format. Question 7 – Date of Marriage to Current spouse: Enter the date on which the applicant married their current spouse using the (mm/dd/yyyy) format. Question 8 – Current spouse's Place of Birth: Enter the place of birth of the applicant’s spouse. Question 9 – Place of Marriage to Current spouse: Enter the location where the applicant married their spouse. Question 10 – Is your current spouse applying with you?: Check “Yes” or “No” to indicate whether the applicant’s spouse is also filing an I-485 application. This aids USCIS in keeping the couple’s applications together or linking the applications. If the applicant’s spouse is outside the United States and will be applying for an immigrant visa as a follow-to-join derivative applicant, you should still enter “No” here. In such case, a Form I-824 should be filed with the applicant’s I-485 application requesting that USCIS notify the DOS when the applicant’s I-485 application is approved to allow the spouse to apply for an immigrant visa as a follow-to-join derivative applicant. Information About Prior Marriages (if any) If the applicant has never had any prior marriages, enter “NA” to Question 11, and skip to Part 6. If the applicant has previously been married, answer Questions 11 through 16. If the applicant has had more than one previous marriage, provide the following information for all additional prior spouses in Part 14. Question 11 – Prior spouse's Legal Name: Enter the prior spouse’s legal name, listing the prior spouse’s family name (last name) as their name before they married the applicant if their name changed upon marriage to the applicant. Verify that the name listed matches the married name or prior name of the prior spouse as listed in the applicant’s divorce decree. If the names do not match, be prepared to explain the discrepancy. Question 12 – Prior spouse's Date of Birth: Enter the date of birth for the applicant’s prior spouse using the (mm/dd/yyyy) format. Question 13 – Date of Marriage to Prior Spouse: Enter the date that the applicant married the prior spouse, using the (mm/dd/yyyy) format. This is the date of marriage as listed on the Marriage Certificate. Question 14 – Place of Marriage to Prior Spouse: Enter the location where the applicant married the prior spouse. This is the location of the marriage as listed on the Marriage Certificate. Question 15 – Date Marriage with Prior Spouse Legally Ended: Enter the date that the applicant’s marriage to the prior spouse was terminated using the (mm/dd/yyyy) format. Depending on how the marriage terminated, this is either the date that the Divorce Decree or Order of Annulment was finalized or the date of death of the prior spouse. If applicant is currently married, verify that all prior marriages were finalized prior to the date of the applicant’s current marriage. Question 16 – Place Where Marriage with Prior Spouse Legally Ended: Enter the location where the applicant’s marriage to the prior spouse was terminated. Depending on how the marriage terminated, this is either the location of the court of government office that issued the final Divorce Decree or Order of Annulment or the location where the prior spouse died. Part 6. Information About Your Children Question 1 – Indicate the total number of ALL living children (including adult sons and daughters) that the applicant has: Enter the number of all of the applicant’s living children here. Include all of the applicant’s biological or legally adopted children, as well as current stepchildren, of any age, whether born in the United States or other countries, married or unmarried, living with the applicant or elsewhere and including any missing children and those born to the applicant outside of marriage. It is important that ALL of the applicant’s children be listed here. Failure to list all children here could potentially cause issues with future petitions or applications, such as an application for naturalization or an immigrant petition. For example, if the applicant later petitions for a child that is omitted here, the fact that the child is not listed here could call into question the bona fides of the parent-child relationship. Questions 2 through 16 – Provide the following information for each of the applicant’s children: If the applicant has more than three children, use the space provided in Part 14. Additional Information. Current Legal Name: Enter the child’s full legal name. Do not enter a nickname here. See the guidance for Part 1, Question 1 for discussion of how to enter name if the child has used more than one name. A-Number: Enter the child’s Alien Registration (A# or A-Number) if the child has one. If the child does not have an A#, enter “N/A” here. Date of Birth: Enter the child’s date of birth, using the (mm/dd/yyyy) format. Country of Birth: Enter the child’s country of birth. Is this child applying with you?: Check “Yes” or “No” to indicate whether the child is also filing an I-485 application. This aids USCIS in keeping the child’s application together with the parent or linking the applications. If the child is outside the United States and will be applying for an immigrant visa as a follow-to-join derivative applicant, you should still enter “No” here. In such a case, Form I-824 should be filed with the applicant’s I-485 application requesting that USCIS notify the DOS when the applicant’s I-485 application is approved to allow the child to apply for an immigrant visa as a follow-to-join derivative applicant. Part 7. Biographic Information Question 1- Ethnicity (Select only one box): Indicate whether the petitioner is “Hispanic or Latino” or “Not Hispanic or Latino.” A petitioner is considered Hispanic or Latino if they are a person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Question 2 – Race (Select all applicable boxes): Check all applicable boxes to indicate whether the petitioner is: White – A person having origins in any of the original peoples of Europe, the Middle East, or North Africa; Asian – A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam; Black or African American – A person having origins in any of the black racial groups of Africa; American Indian or Alaska Native – A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment; or Native Hawaiian or Other Pacific Islander – A person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands. Question 3 – Height: Enter the petitioner’s current height in feet and inches. Question 4 – Weight: Enter the petitioner’s current weight in pounds. Question 5 – Eye Color (Select only one box): Select the box that most closely matches the petitioner’s eye color. Question 6 – Hair Color (Select only one box): Select the box that most closely matches the petitioner’s hair color or if the petitioner is bald. Part 8. General Eligibility and Inadmissibility Grounds The questions in Part 8 screen for grounds of inadmissibility that might apply to the applicant making them ineligible for adjustment of status unless they qualify for a waiver of the particular ground of inadmissibility. Select the answer you think is correct. If you answer “Yes” to any questions (or potentially even if you answer “No,” but are unsure of your answer), provide an explanation of the events and circumstances in the space provided in Part 14. Additional Information. An applicant is generally ineligible for adjustment of status if one or more adjustment bars in INA §§245(a), (c), (d), and/or (e) apply to them. All questions must be answered truthfully. An answer of “Yes” to one of these questions assessing grounds of inadmissibility does not necessarily mean that the applicant is subject to a ground of in admissibility. However, it does mean that you should fully review the situation and ground of inadmissibility to determine if a ground of inadmissibility applies before submitting the application. Further, adjustment bars do not apply to every type of immigrant category and the applicant’s category might exempt them from certain adjustment bars. For example, certain adjustment bars do not apply to immediate relatives of U.S. citizens, VAWA-based applicants, or certain special immigrants. In addition, some employment-based applicants might be eligible for an exemption to some adjustment bars. Also, some applicants may be eligible under INA §245(i) to adjust despite certain grounds of inadmissibility. Finally, the applicant may be eligible to apply for a waiver of the particular ground of inadmissibility. Question 1 – Have you EVER been a member of, involved in, or in any way associated with any organization, association, fund, foundation, party, club, society, or similar group in the United States or in any other location in the world including any military service?: Check “Yes” or “No” to indicate whether the applicant has been a member of any such groups. Question 2 – If the answer to Question 1 is “Yes,” complete Questions 2 through 13, providing the following information about each group of which the applicant has been a member or involved with. If you need extra space to complete this section, use the space provided in Part 14. Additional Information. If you answered "No," but are unsure of the answer, provide an explanation of the events and circumstances in the space provided in Part 14. Additional Information. The Name of the Organization City or Town, State or Province, and Country where the Organization is/was Located Nature of the Group Dates of Membership or Dates of Involvement: List the date that the applicant started their membership or involvement with the group and the date that the applicant ended their membership or involvement with the group, using the (mm/dd/yyyy) format. Questions 14 through 24: Answer “Yes” or “No” to each of these questions. If you answer “Yes” to any questions (or if you answer "No," but are unsure of your answer), provide an explanation of the events and circumstances in Part 14. You may also include an explanation of why no ground of inadmissibility applies to the situation. If the answer is “Yes,” it does not necessarily mean that the applicant is inadmissible, but you should determine the details of the situation to determine whether the applicant is subject to a ground of inadmissibility. If so, determine whether a waiver of the ground of inadmissibility is available to the applicant. Furthermore, an answer of “Yes” to certain questions may indicate that the applicant is subject to the jurisdiction of the EOIR, and therefore an application for adjustment of status must be filed with the EOIR rather than USCIS. Questions 14 – Have you EVER been denied admission to the United States? Question 15 – Have you EVER been denied a visa to the United States? Question 16 – Have you EVER worked in the United States without authorization? Question 17 – Have you EVER violated the terms or conditions of your nonimmigrant status?: Questions 18 – Are you presently or have you EVER been in removal, exclusion, rescission, or deportation proceedings? Question 19 – Have you EVER been issued a final order of exclusion, deportation, or removal? Question 20 – Have you EVER had a prior final order of exclusion, deportation, or removal reinstated? Question 21 – Have you EVER held lawful permanent resident status which was later rescinded? Question 22 – Have you EVER been granted voluntary departure by an immigration officer or an immigration judge but failed to depart within the allotted time? Question 23 – Have you EVER applied for any kind of relief or protection from removal, exclusion, or deportation? Question 24.a – Have you EVER been a J nonimmigrant exchange visitor who was subject to the two-year foreign residence requirement?: If you answered "Yes" to Question 24.a., answer Questions 24.b. and 24.c. Question 24.b – Have you complied with the foreign residence requirement? Question 24.c – Have you been granted a waiver or has Department of State issued a favorable waiver recommendation letter for you? If the applicant is or was a J-1 or J-2 nonimmigrant exchange visitor and is subject to the 2-year foreign residence requirement of INA §212(e), they may not apply to adjust status unless they have complied with the foreign residence requirement, have been granted a waiver of that requirement, or were issued a favorable waiver recommendation letter from the DOS. Question 25 through 45 – Criminal Acts and Violations: Questions 25 through 45 asks about grounds of inadmissibility that may apply to the applicant based on criminal acts and violations. You must answer "Yes" to any question that applies to the applicant, even if the applicant’s records were expunged, sealed, or otherwise cleared. You must also answer "Yes" to the following questions whether the action or offense occurred in the United States or anywhere else in the world. If the answer is "Yes" to any of Questions 25 through 45, use the space provided in Part 14 to provide an explanation that includes why the applicant was arrested, cited, detained, or charged; where the applicant was arrested, cited, detained, or charged; when (date) the event occurred; and the outcome or disposition (for example, no charges filed, charges dismissed, jail, probation, community service). Questions 25 through 29 are asking for information about whether the applicant was ever “convicted” of a crime or violation under the definition of a conviction under the immigration laws at INA §101(a)(48)(A). Note that the INA’s definition of a conviction is much broader than the definition under criminal law. Under INA §101(a)(48)(A), “conviction” includes: a formal judgment of guilt of the alien entered by a court or, if adjudication of guilt has been withheld, where- a judge or jury has found the alien guilty; OR the alien has entered a plea of guilty or nolo contendere; OR has admitted sufficient facts to warrant a finding of guilt; AND (ii) the judge has ordered some form of punishment, penalty, or restraint on the alien's liberty to be imposed. This means, for example, that even where the final disposition of the charge is a dismissal, if there was deferred or withheld adjudication where there was a conditional plea or finding that the applicant was guilty and some form of punishment or penalty was imposed, that is a “conviction” under immigration law. Furthermore, under this definition, a conviction that is expunged remains a conviction under immigration law. An adjudication of juvenile delinquency is not a “conviction” under U.S. immigration law, but a juvenile can be charged as an adult for an offense committed while a juvenile. If the applicant was convicted as an adult, there is a conviction regardless of whether they were tried before a criminal court or a juvenile court. An adjudication of juvenile delinquency could also be relevant to the exercise of discretion. If you claim that the applicant’s arrest resulted in adjudication of delinquency and not in a conviction, you must submit a copy of the court document that establishes this fact. In general, you do not need to submit documentation relating to traffic fines and incidents that did not involve an actual physical arrest if the penalty was only a fine of less than $500 or points on the applicant’s driver’s license. However, you must submit such documentation if the traffic incident resulted in criminal charges or involved alcohol, drugs, or injury to a person or property. Question 25 – Have you EVER been arrested, cited, charged, or detained for any reason by any law enforcement official? Check “Yes” or “No” to indicate whether the applicant has ever at any point in their life, been arrested, cited, charged, or detained by a law enforcement officer. In addition to other law enforcement officers, this includes detention by immigration officers (e.g., CBP or ICE). You must disclose all arrests and charges, even if the arrest occurred when the applicant was a minor. You would answer “Yes” to this question even if the charges or the citation was later dismissed, the applicant was found not guilty, and even if the charges or the citation was expunged. Question 26 – Have you EVER committed a crime of any kind (even if you were not arrested, cited, charged with, or tried for that crime)? Question 27 – Have you EVER pled guilty to or been convicted of a crime or offense (even if the violation was subsequently expunged or sealed by a court, or if you were granted a pardon, amnesty, a rehabilitation decree, or other act of clemency)? Note: If you were the beneficiary of a pardon, amnesty, a rehabilitation decree, or other act of clemency, provide documentation of that post-conviction action. Question 28 – Have you EVER been ordered punished by a judge or had conditions imposed on you that restrained your liberty (such as a prison sentence, suspended sentence, house arrest, parole, alternative sentencing, drug or alcohol treatment, rehabilitative programs or classes, probation, or community service)? Question 29 – Have you EVER been a defendant or the accused in a criminal proceeding (including pre-trial diversion, deferred prosecution, deferred adjudication, or any withheld adjudication)? Question 30 – Have you EVER violated (or attempted or conspired to violate) any controlled substance law or regulation of a state, the United States, or a foreign country? Question 31 – Have you EVER been convicted of two or more offenses (other than purely political offenses) for which the combined sentences to confinement were five years or more? Question 32 – Have you EVER illicitly (illegally) trafficked or benefited from the trafficking of any controlled substances, such as chemicals, illegal drugs, or narcotics? Question 33 – Have you EVER knowingly aided, abetted, assisted, conspired, or colluded in the illicit trafficking of any illegal narcotic or other controlled substances? Question 34 – Are you the spouse, son, or daughter of a foreign national who illicitly trafficked or aided (or otherwise abetted, assisted, conspired, or colluded) in the illicit trafficking of a controlled substance, such as chemicals, illegal drugs, or narcotics and you obtained, within the last five years, any financial or other benefit from the illegal activity of your spouse or parent, although you knew or reasonably should have known that the financial or other benefit resulted from the illicit activity of your spouse or parent? Question 35 – Have you EVER engaged in prostitution or are you coming to the United States to engage in prostitution? Question 36 – Have you EVER directly or indirectly procured (or attempted to procure) or imported prostitutes or persons for the purpose of prostitution? Question 37 – Have you EVER received any proceeds or money from prostitution? Question 38 – Do you intend to engage in illegal gambling or any other form of commercialized vice, such as prostitution, bootlegging, or the sale of child pornography, while in the United States? Question 39 – Have you EVER exercised immunity (diplomatic or otherwise) to avoid being prosecuted for a criminal offense in the United States? Question 40 – Have you EVER, while serving as a foreign government official, been responsible for or directly carried out violations of religious freedoms? Question 41 – Have you EVER induced by force, fraud, or coercion (or otherwise been involved in) the trafficking of persons for commercial sex acts? Question 42 – Have you EVER trafficked a person into involuntary servitude, peonage, debt bondage, or slavery? Trafficking includes recruiting, harboring, transporting, providing, or obtaining a person for labor or services through the use of force, fraud, or coercion. Question 43 – Have you EVER knowingly aided, abetted, assisted, conspired, or colluded with others in trafficking persons for commercial sex acts or involuntary servitude, peonage, debt bondage, or slavery? Question 44 – Are you the spouse, son, or daughter of a foreign national who engaged in the trafficking of persons and have received or obtained, within the last five years, any financial or other benefits from the illicit activity of your spouse or your parent, although you knew or reasonably should have known that this benefit resulted from the illicit activity of your spouse or parent? Question 45 – Have you EVER engaged in money laundering or have you EVER knowingly aided, assisted, conspired, or colluded with others in money laundering or do you seek to enter the United States to engage in such activity? Questions 46 through 60 – Security and Related: Note: If you answer “Yes” to any part of Item Numbers 46.a – 60, in the space provided in Part 14. Additional Information, provide an explanation of what the applicant did, including the dates and location of the circumstances, or what the applicant intends to do. Question 46 – Do you intend to: Engage in any activity that violates or evades any law relating to espionage (including spying) or sabotage in the United States? Engage in any activity in the United States that violates or evades any law prohibiting the export from the United States of goods, technology, or sensitive information? Engage in any activity whose purpose includes opposing, controlling, or overthrowing the U.S. Government by force, violence, or other unlawful means while in the United States? Engage in any activity that could endanger the welfare, safety, or security of the United States? Engage in any other unlawful activity? Question 47 – Are you engaged in or, upon your entry into the United States, do you intend to engage in any activity that could have potentially serious adverse foreign policy consequences for the United States? Question 48 – Have you EVER: Committed, threatened to commit, attempted to commit, conspired to commit, incited, endorsed, advocated, planned, or prepared any of the following: hijacking, sabotage, kidnapping, political assassination, or use of a weapon or explosive to harm another individual or cause substantial damage to property? Participated in, or been a member of, a group or organization that did any of the activities described in Item Number 48.a.? Recruited members or asked for money or things of value for a group or organization that did any of the activities described in Item Number 48.a.? Provided money, a thing of value, services or labor, or any other assistance or support for any of the activities described in Item Number 48.a.? Provided money, a thing of value, services or labor, or any other assistance or support for an individual, group, or organization who did any of the activities described in Item Number 48.a.? Question 49 – Have you EVER received any type of military, paramilitary, or weapons training? Question 50 – Do you intend to engage in any of the activities listed in any part of Item Numbers 48.a. – 49.? Note: If you answer “Yes” to any part of Item Number 51, in the space provided in Part 14. Additional Information, explain the relationship and what occurred, including the dates and location of the circumstances. Question 51 – Are you the spouse or child of an individual who EVER: Committed, threatened to commit, attempted to commit, conspired to commit, incited, endorsed, advocated, planned, or prepared any of the following: hijacking, sabotage, kidnapping, political assassination, or use of a weapon or explosive to harm another individual or cause substantial damage to property? Participated in or been a member or a representative of a group or organization that did any of the activities described in Item Number 51.a.? Recruited members, or asked for money or things of value, for a group or organization that did any of the activities described in Item Number 51.a.? Provided money, a thing of value, services or labor, or any other assistance or support for any of the activities described in Item Number 51.a.? Provided money, a thing of value, services or labor, or any other assistance or support to an individual, group, or organization who did any of the activities described in Item Number 51.a.? Received any type of military, paramilitary, or weapons training from a group or organization that did any of the activities described in Item Number 51.a.? Note: If you answered “Yes” to any part of Item Numbers 52. – 60., explain what occurred, including the dates and location of the circumstances, in the space provided in Part 14. Additional Information. Question 52 – Have you EVER assisted or participated in selling, providing, or transporting weapons to any person who, to your knowledge, used them against another person? Question 53 – Have you EVER worked, volunteered, or otherwise served in any prison, jail, prison camp, detention facility, labor camp, or any other situation that involved detaining persons? Question 54 – Have you EVER been a member of, assisted, or participated in any group, unit, or organization of any kind in which you or other persons used any type of weapon against any person or threatened to do so? Question 55 – Have you EVER served in, been a member of, assisted, or participated in any military unit, paramilitary unit, police unit, self-defense unit, vigilante unit, rebel group, guerilla group, militia, insurgent organization, or any other armed group? Question 56 – Have you EVER been a member of, or in any way affiliated with, the Communist Party or any other totalitarian party (in the United States or abroad)? Question 57 – During the period from March 23, 1933 to May 8, 1945, did you ever order, incite, assist, or otherwise participate in the persecution of any person because of race, religion, national origin, or political opinion, in association with either the Nazi government of Germany or any organization or government associated or allied with the Nazi government of Germany? Question 58 – Have you EVER ordered, incited, called for, committed, assisted, helped with, or otherwise participated in any of the following: Acts involving torture or genocide? Killing any person? Intentionally and severely injuring any person? Engaging in any kind of sexual contact or relations with any person who did not consent or was unable to consent, or was being forced or threatened? Limiting or denying any person's ability to exercise religious beliefs? Question 59 – Have you EVER recruited, enlisted, conscripted, or used any person under 15 years of age to serve in or help an armed force or group? Question 60 – Have you EVER used any person under 15 years of age to take part in hostilities, or to help or provide services to people in combat? Questions 61 and 62 – Public Assistance Question 61 – Have you received public assistance in the United States from any source, including the U.S. Government or any state, county, city, or municipality (other than emergency medical treatment)? Question 62 – Are you likely to receive public assistance in the future in the United States from any source, including the U.S. Government or any state, county, city, or municipality (other than emergency medical treatment)? Questions 63 through 69 – Illegal Entries and Other Immigration Violations Question 63.a – Have you EVER failed or refused to attend or to remain in attendance at any removal proceeding filed against you on or after April 1, 1997? Question 63.b – If your answer to Item Number 63.a. is "Yes," do you believe you had reasonable cause? Question 63.c – If your answer to Item Number 63.b. is "Yes," attach a written statement explaining why you had reasonable cause. Question 64 – Have you EVER submitted fraudulent or counterfeit documentation to any U.S. Government official to obtain or attempt to obtain any immigration benefit, including a visa or entry into the United States? Question 65 – Have you EVER lied about, concealed, or misrepresented any information on an application or petition to obtain a visa, other documentation required for entry into the United States, admission to the United States, or any other kind of immigration benefit? Question 66 – Have you EVER falsely claimed to be a U.S. citizen (in writing or any other way)? Question 67 – Have you EVER been a stowaway on a vessel or aircraft arriving in the United States? Question 68 – Have you EVER knowingly encouraged, induced, assisted, abetted, or aided any foreign national to enter or to try to enter the United States illegally (alien smuggling)? Question 69 – Are you under a final order of civil penalty for violating INA Section 274C for use of fraudulent documents? Question 70 through 73 – Removal, Unlawful Presence, or Illegal Reentry After Previous Immigration Violations Question 70 – Have you EVER been excluded, deported, or removed from the United States or have you ever departed the United States on your own after having been ordered excluded, deported, or removed from the United States? Question 71 – Have you EVER entered the United States without being inspected and admitted or paroled? Question 72 – Since April 1, 1997, have you been unlawfully present in the United States: Note: An applicant has been unlawfully present in the United States if they entered the United States without being inspected and admitted or inspected and paroled, or if they legally entered the United States but stayed longer than permitted. For more than 180 days but less than a year, and then departed the United States? For one year or more and then departed the United States? Question 73 – Since April 1, 1997, have you EVER reentered or attempted to reenter the United States without being inspected and admitted or paroled after: Having been unlawfully present in the United States for more than one year in the aggregate? Having been deported, excluded, or removed from the United States? Questions 74 through 80 – Miscellaneous Conduct: Question 74 – Do you plan to practice polygamy in the United States? Question 75 – Are you accompanying another foreign national who requires your protection or guardianship but who is inadmissible after being certified by a medical officer as being helpless from sickness, physical or mental disability, or infancy, as described in INA Section 232(c)? Question 76 – Have you EVER assisted in detaining, retaining, or withholding custody of a U.S. citizen child outside the United States from a U.S. citizen who has been granted custody of the child? Question 77 – Have you EVER voted in violation of any Federal, state, or local constitutional provision, statute, ordinance, or regulation in the United States? Question 78 – Have you EVER renounced U.S. citizenship to avoid being taxed by the United States? Question 79 – Have you EVER: Applied for exemption or discharge from training or service in the U.S. armed forces or in the U.S. National Security Training Corps on the ground that you are a foreign national? Been relieved or discharged from such training or service on the ground that you are a foreign national? Been convicted of desertion from the U.S. armed forces? Question 80.a – Have you EVER left or remained outside the United States to avoid or evade training or service in the U.S. armed forces in time of war or a period declared by the President to be a national emergency? Question 80.b – If your answer to Item Number 80.a. is “Yes,” what was your nationality or immigration status immediately before you left (for example, U.S. citizen or national, lawful permanent resident, nonimmigrant, parolee, present without admission or parole, or any other status)? Part 9. Accommodations for Individuals with Disabilities and/or Impairments: The USCIS instruction state that: USCIS is committed to providing reasonable accommodations for qualified individuals with disabilities and/or impairments that will help them fully participate in USCIS programs and benefits. Reasonable accommodations vary with each disability and/or impairment. They may involve modifications to practices or procedures. There are various types of reasonable accommodations that USCIS may offer. Examples include but are not limited to: 1. If you are deaf or hard of hearing, USCIS may provide you with a sign-language interpreter at an interview or other immigration benefit-related appointment; 2. If you are blind or have low vision, USCIS may permit you to take a test orally rather than in writing; or 3. If you are unable to travel to a designated USCIS location for an interview, USCIS may visit you at your home or a hospital. Questions 1: Answer “Yes” or “No” to indicate whether accommodations are being requested of USCIS because of a disability or impairment for the applicant. Question 2: If the answer is “Yes” to question 1, answer Question 2 by checking the box for the appropriate request and providing the additional information requested describing the types of accommodations you are requesting for the applicant: 2.a – I am deaf or hard of hearing and request the following accommodation (if you are requesting a sign-language interpreter, indicate for which language (e.g., American Sign Language)). 2.b – I am blind or have low vision and request the following accommodation. 2.c – I have another type of disability and/or impairment (describe the nature of disability and/or impairment and the accommodation you are requesting). Part 10. Applicant's Statement, Contact Information, Certification, and Signature Question 1.a – I can Read English: If the applicant can sufficiently read English so that they can comfortably read and understand the prepared application, then the box in Question 1.a should be checked indicating their ability to read English and that they fully reviewed the application. The applicant should carefully review the entire application for accuracy prior to signing the application. Question 1.b – Interpreter: If the applicant is not proficient enough in reading English so that they are not comfortable reading and understanding the prepared application in English, then a competent interpreter needs to be arranged to read through the application with the applicant to review for accuracy prior to the applicant signing. The interpreter need not be a professional interpreter but should be someone that you and the client are comfortable will be able to properly interpret the application for the applicant. In such case, the box in Question 1.b should be checked and the language used to interpret the application to the applicant should be entered. The interpreter should then go through the entire application with the applicant so that they can carefully review the entire application for accuracy prior to signing. Question 2 – Attorney: The box for Question 2 should be checked and your name should be entered in Question 2 indicating that you prepared the application at the request of the applicant and based upon the information and documentation that the applicant provided to you. Questions 3, 4, and 5 – Applicant’s Contact Information: Enter the contact information for the applicant. Enter their daytime telephone number, cell phone number (if any), and email address (if any). Applicant’s Certification and Applicant’s Signature Question 6 – The applicant signs and dates the application where indicated. Every application must contain the signature of the applicant (or parent or legal guardian, if applicable). A stamped or typewritten name in place of a signature is not acceptable. Part 11. Interpreter's Contact Information, Certification, and Signature If an interpreter was used to read the application to the applicant to review for accuracy prior to the signing the application, Part 11 must be completed with the information about the interpreter. The interpreter must sign and date the application to certify that they are fluent in English and the language used to interpret the application; that they have completely read the application to the applicant; that the applicant confirmed that they understood the contents of the application; and the applicant verified the accuracy of the application. Part 11 is completed by entering the full legal name of the interpreter, the interpreter’s mailing address, daytime phone number, cell phone number (if any), email address (if any), and the language used to interpret the application. The interpreter must then sign and date the application where indicated at Question 7 of Part 11. Part 12 – Contact Information, Declaration, and Signature of the Person Preparing This Application, if Other Than the Applicant Part 12 is completed by entering your (attorney’s) full name, firm name, work mailing address, daytime telephone number, fax number (if any), and email address (if any). The box at Question 7.b should be checked indicating that you are an attorney. The appropriate box should be checked indicating whether or not your representation extends beyond just the preparation of the petition. Normally the box would be checked to show that the attorney’s representation in the matter extends beyond just preparing the petition. You must sign and date the petition where indicated as Question 8 attesting to certain certifications about the preparation and accuracy of the application. Part 13. Signature at Interview Skip completing Part 13. This section is completed at the time of the in-person interview at the USCIS Field Office if there is one. Instructions and Tips for Completing Form I-485A Supplement A for Adjustment of Status Under §245(i) Form Instructions: Make sure to read the current USCIS instructions to the Form I-485A. USCIS may have made changes to their instructions since this writing. This guide is to be used as a supplement to the USCIS guidance, not as a substitution. Current Edition of the Form: Make sure that you are using a valid edition of the form. The USCIS website page for the form in the Forms section of the USCIS website contains a dropdown listing for “Edition Date.” Compare the date(s) listed on the USCIS website to the edition date listed on the bottom left of the pages of the form. The instructions listed here are for the 03/29/2021 edition of the Form I-485A which is the current editions of these form as of the publishing of this guide—see https://www.uscis.gov/i-485supa. Supplement A to Form I-485 for Adjustment of Status under Immigration and Nationality Act (INA) §245(i). Form I-485A is used when the applicant meets the requirements under INA §245(i) and therefore remains eligible for adjustment of status under INA §245 despite certain grounds of inadmissibility that would otherwise make the applicant ineligible for Adjustment of Status. Form I-485: Form I-485A should be submitted concurrently with the applicant’s Form I-485 application for Adjustment of Status. On the Form I-485 application, you should check “Yes” on Question 2 of Part 2 of the Form I-485, indicating that the applicant is eligible under INA §245(i) and is submitting a Form I-485A. Where the I-485A is not submitted concurrently with the I-485 application, USCIS will likely issue a Request for Evidence (RFE) requesting the I-485A and required supporting documents. In such case, the I-485A would be submitted in response to the RFE. Where to File: If the Form I-485A is being filed concurrently with the Form I-485 application, file at the appropriate filing address for the Form I-485 application. If the I-485A is being submitted in response to an RFE, the RFE will list the address that must be used to submit the I-485A. G-28 for Attorney: When the I-485A application is being prepared and filed by an attorney, a Form G-28 Notice of Appearance as Attorney signed by the I-485A applicant should be submitted with the I-485A. Where the I-485A is being submitted concurrently with the I-485 application, one G-28 for both the I-485 and the I-485A is sufficient. This guidance assumes that the preparer is an attorney. Filing Fee: The filing fee for the Form I-485A is $1000. This is in addition to the fee required for the Form I-485 application. It is not possible to obtain a waiver of this fee. However, you do not need to pay the I-485A filing fee if, at the time of filing the applicant is: Under 17 years of age; or The spouse or child (unmarried and under 21 years of age) of a legalized alien and have attached a copy of a USCIS receipt or approval notice for a properly filed Form I-817, application for Family Unity Benefits. Since filing fees can change, make sure to verify the required filing fees at the time of filing. The required filing fees are listed on USCIS website page for the form in the Forms section of the USCIS website under the dropdown listing for “Filing Fee” at https://www.uscis.gov/i-485supa. Evidence: The I-485A must be submitted with evidence that the applicant meets the requirements under INA §245(i): Proof of a qualifying immigrant petition or application for Labor Certification that is being used as the basis for §245(i) grandfathering, such as a copy of the Form I-797 Notice of Action for the immigrant petition or receipt notice for the labor certification or a copy of the labor certification with the government’s notation showing when it was received. Proof of the applicant’s physical presence in the United States on Dec. 21, 2000 (or proof of the principal beneficiary’s physical presence, if required) if the qualifying petition or application was filed on or after January 15, 1998, and on or before April 30, 2001. Type or print legibly in black ink. If you need extra space to complete any item in the I-485A use an additional sheet of paper. The additional sheet of paper should indicate that it is for the Form I-485A. It should include the applicant’s name and Alien Registration Number (A#), if the applicant has one, on each additional page used. List the Page Number, Part Number, and Item Number to which each answer refers. Answer all questions fully and accurately. USCIS instructions advise that if an item is not applicable or if the answer is “none,” to type or print “N/A,” and it is recommended that you do so. However, as of this writing, USCIS will not reject the application if you do not enter “none” or “N/A” for all inapplicable questions. However, if the question requires that at least one box be checked to answer the question, and no box is checked, this may result in application rejection or the issuance of a Request for Additional Information. Where the term attorney is used in this guidance, it refers to either a licensed attorney or a BIA accredited representative. FORM I-485A Part 1. Information About You (individual applying for lawful permanent residence) Complete Part 1 with information about the applicant applying for adjustment of status. Question 1 – Your Current Legal Name: Enter the applicant’s full legal name. This should match the applicant’s full legal name as it is listed on the Form I-485 application. Do not enter a nickname here. Question 2 – U.S. Mailing Address: You must provide a valid mailing address in the United States for the applicant here. You may list a valid U.S. residence, APO, or commercial address. You may also list a U.S. Post Office address (P.O. Box) if that is how the applicant receives their mail. If their mail is sent to someone other than the applicant, include an “In Care of Name” as part of the mailing address. If the U.S. mailing address is in a U.S. territory and it contains an urbanization name, list the urbanization name in the “In Care of Name” space provided. Do not use your (attorney’s or other legal representative’s address). Exception: In certain situations, e.g., if the applicant has a pending or an approved Form I-360 VAWA self-petition, Form I-914 application for T Nonimmigrant Status, or Form I-918 Petition for U Nonimmigrant Status and does not feel safe receiving correspondence regarding this application at their residential address, you may instead provide a safe mailing address in response to Question 14. In that case, you will enter “N/A” here and enter the applicant’s safe mailing address in response to Question 14. Other Information Question 3 – Alien Registration Number (A-Number) (if any): If the applicant has been issued an Alien Registration Number (A# or A-Number), enter it here. If they are the principal beneficiary of an already pending or approved immigrant petition, or they previously have filed an I-485 application, their A# would be listed on the top of the receipt notice or approval notice for the petition or application as the USCIS Alien Number. If they are currently or previously have been in immigration removal proceedings before the immigration court (EOIR), their A-Number would be listed on their notice to appear and on any hearing or judgment notices issued by the immigration court. Normally, an applicant should not have been issued more than one A-Number. However, it does sometimes happen that an applicant has more than one A#. If so, any additional A-Numbers issued to the applicant should be listed in the addendum to the form. USCIS should then combine both of the applicant’s files under one A-Number. Note: If the applicant already has an A#, it is best practice to call the EOIR Automated Case Status Hotline (1-800-898-7180) and enter in the applicant’s A#. If the EOIR automated hotline indicates a record associated with that A#, this tells you that the applicant has previously been in immigration removal proceeding before the EOIR or is currently in immigration removal proceeding. The hotline will also allow you to hear information about the most recent judgment information issued by the immigration court on the client’s case. This may result in a need for you to change the case strategy for the client. Question 4 – Client’s USCIS Online Account (if any): If the client does not have a USCIS Online Account Number, enter “N/A” here. If the client was issued a USCIS Online Account Number, enter it in the space provided. If the client has previously filed an application or petition using the USCIS online filing system (previously called USCIS Electronic Immigration System or USCIS ELIS), provide the USCIS Online Account Number they were issued by the system. If the client previously filed certain applications or petitions on a paper form through a USCIS Lockbox Facility, they may have received a USCIS Online Account Access Notice issuing a USCIS Online Account Number. They may find the USCIS Online Account Number (if any) at the top of the notices for the previously filed petition or application. The USCIS Online Account Number is not the same as an A-Number. Question 5 – Date of Birth: Enter the applicant’s date of birth in the (mm/dd/yyyy) format. The applicant’s date of birth can be found on their passport (if any), their national ID (if any), and/or their birth certificate. Be aware that some countries use the (dd/mm/yyyy) format for listing the date of birth on their documents. Questions 6 – Country of Birth: Enter the applicant’s country of birth as listed on the applicant’s passport. If the applicant does not have a passport, enter the applicant’s place of birth as listed on their birth certificate. Question 7 – Country of Citizenship or Nationality: Enter all countries where the applicant currently has citizenship or nationality. If the applicant is stateless, having no country of citizenship or nationality, enter the country that issued their most recent travel document, if any. Otherwise, enter “None.” Part 2. Eligibility Complete Part 2 with information about how the applicant meets the eligibility requirements under INA §245(i). Question 1 – You claim eligibility to adjust status under INA Section 245(i) because (select only one box): Check box “1.a” if the applicant is or was the principal beneficiary of an immigrant petition (i.e., I-130, I-140, etc.) or application for Permanent Labor Certification (ETA-750) filed on or before January 14, 1998. Check box “1.b” if the applicant is or was the principal beneficiary of an immigrant petition (i.e., I-130, I-140, etc.) or application for Permanent Labor Certification (ETA-750) filed on or after January 15, 1998, and on or before April 30, 2001, and the applicant was physically present in the United States on December 21, 2000. Check box “1.e” if the applicant is or was a derivative beneficiary of an immigrant petition (i.e., I-130, I-140, etc.) or application for Permanent Labor Certification (ETA-750) filed for the applicant’s spouse or parent (if the applicant was unmarried and under 21) on or before January 14, 1998. Check box “1.d” if the applicant is or was a derivative beneficiary of an immigrant petition (i.e., I-130, I-140, etc.) or application for Permanent Labor Certification (ETA-750) filed for the applicant’s spouse or parent (if the applicant was unmarried and under 21) on or after January 15, 1998, and on or before April 30, 2001, and the principal beneficiary was physically present in the United States on December 21, 2000. Check box “1.e.” if the applicant is filing their current I-485 application applying to accompany or follow-to-join their spouse OR the applicant is a child (unmarried and under 21 years of age) filing their current I-485 application applying to accompany or follow-to-join their parent, and the spouse or parent is described in one of the options above (1.a through 1.d). Qualifying Petition or Application Provide the following information about the immigrant petition or application for permanent labor certification filed on or before April 30, 2001, that qualifies the applicant to adjust status under INA §245(i). Question 2 – Receipt Number of Petition (if any): If the applicant qualifies under INA §245(i) based upon an immigrant petition (i.e., I-130, I-140, etc.) filed on behalf of the applicant, their spouse, or their parent on or before April 30, 2001, enter the receipt number for that immigrant petition here. the receipt number can be found at the top of the receipt notice or approval notice for the immigrant petition. The receipt number will have the format of three letters representing the USCIS Service Center that issued the notice (i.e., CSC, EAC, LIN, NSC, SRC, VSC, WAC) followed by 10 digits. If the applicant qualifies under INA §245(i) based upon an application for Permanent Labor Certification (ETA-750) filed on behalf of the applicant, their spouse, or their parent on or before April 30, 2001, skip Question 2. Questions 3 and 4 – Information on Principal Beneficiary of Petition or Application: Enter the full legal name of the principal beneficiary named on the qualifying immigrant petition or application for Labor Certification. If you checked box 1.a, 1.b, 1.c, or 1.d in response to Question 1 of Part 2, then enter the name of the applicant here. If you checked box 1.e in response to Question 1 of Part 2, then enter the name of the applicant’s spouse or parent who is or was the principal beneficiary of the qualifying petition or application. Enter the A-Number of the principal applicant if the principal applicant has an A-Number. See above for further explanation about the A-Number. Immigrant Category Question 5 – Type or print the family-based, employment-based, special immigrant, or Diversity Visa immigrant category you selected on Form I-485: Enter the application Type or Filing Category that was selected from the options in Part 2, Question 1 of the applicant’s Form I-485 application. For example, if the applicant’s Form I-485 is being filed based upon a pending or approved Form I-140 immigrant petition, then, in Part 2, Question 1 of the applicant’s I-485, the box for “Alien worker, Form I-140” under the “1.b Employment-Based” categories would be checked. In that case, you would enter “I-140 Alien Worker” here. You can provide a shortened answer here since the full category listed on the I-485 will often not fit in the space provided here (i.e., “I-130 Immediate Relative,” “I-130 Other Relative,” “I-129F K-1/K-2,” etc.). Part 3. Bars to Adjustment The Form I-485A is filed because the applicant is subject to one of more ground of inadmissibility that would normally bar the applicant from being eligible for adjustment of status to lawful permanent resident status. However, since the applicant qualifies under INA §245(i), certain grounds of inadmissibility do not bar the applicant from eligibility for adjustment of status. In Part 3, you must check the box(es) for ALL bars of inadmissibility that would otherwise apply to the applicant and bar them from adjustment of status. Note: If the applicant is subject to a ground of inadmissibility not listed here, they may still require a waiver of that ground of inadmissibility in order to be eligible for adjustment of status. Select all of the boxes that apply to the applicant: 1a. You last entered the United States without being admitted or paroled after inspection by an immigration officer. 1.b. You last entered the United States as a nonimmigrant crewman. 1.c. You are now employed or have ever been employed in the United States without authorization. 1.d. You are not in lawful immigration status on the date of filing your application for adjustment of status. 1.e. You have ever failed to continuously maintain a lawful status since entry into the United States, unless your failure to maintain status was through no fault of your own or for technical reasons. 1.f. You were last admitted to the United States in transit without a visa. 1.g. You were last admitted to the United States as a nonimmigrant visitor without a visa under the Guam and Commonwealth of the Northern Mariana Islands Visa Waiver Program, and you are not a Canadian citizen. 1.h. You were last admitted to the United States as a nonimmigrant visitor without a visa under the Visa Waiver Program. 1.i. You are seeking employment-based adjustment of status and you are not maintaining a lawful nonimmigrant status on the date of filing your application for adjustment of status. 1.j. You have ever violated the terms of your nonimmigrant status. Part 4. Applicant's Statement, Contact Information, Declaration, Certification, and Signature Question 1.a – I can Read English: If the applicant can sufficiently read English so that they can comfortably read and understand the prepared application, then the box in Question 1.a should be checked indicating their ability to read English and that they have fully reviewed the application. The applicant should carefully review the entire application for accuracy prior to signing the application. Question 1.b – Interpreter: If the applicant is not proficient enough in reading English so that they are not comfortable with reading and understanding the prepared application, then a competent interpreter needs to be arranged to read through the application with the applicant to review for accuracy prior to the applicant signing. The interpreter need not be a professional interpreter but should be someone that you and the client are comfortable will be able to properly interpret the application for the applicant. In such case, the box in Question 1.b should be checked and the language used to interpret the application to the applicant should be entered. The interpreter should then go through the entire application with the applicant so that they can carefully review the entire application for accuracy prior to signing. Question 2 – Attorney: The box for Question 2 should be checked and your name should be entered in Question 2 indicating that you prepared the application at the request of the applicant and that you based it on the information and documentation that the applicant provided to you. Questions 3, 4, and 5 – Applicant’s Contact Information: Enter the contact information for the applicant. Enter their daytime telephone number, cell phone number (if any), and email address (if any). Applicant’s Certification and Applicant’s Signature Question 6 – The applicant signs and dates the application where indicated. Every application must contain the signature of the applicant (or parent or legal guardian, if applicable). A stamped or typewritten name in place of a signature is not acceptable. Part 5. Interpreter's Contact Information, Certification, and Signature If an interpreter was used to read the application to the applicant to review for accuracy prior to the signing the application, Part 5 must be completed with the information of the interpreter. The interpreter must sign and date to certify that they are fluent in English and the language used to interpret the application; that they have completely read the application to the applicant; that the applicant confirmed that they understood the contents of the application; and that the applicant verified the accuracy of the application. Part 5 is completed by entering the full legal name of the interpreter, the interpreter’s mailing address, daytime phone number, cell phone number (if any), email address (if any), and the language used to interpret the application. The interpreter must then sign and date the application where indicated at Question 7. Part 6 – Contact Information, Declaration, and Signature of the Person Preparing This Application, if Other Than the Applicant Part 6 is completed by entering your (the attorney’s) full name, firm name, work mailing address, daytime telephone number, fax number (if any), and email address (if any). The box at Question 7.b should be checked indicating that you are an attorney. The appropriate box should be checked indicating whether or not your representation extends beyond just the preparation of the petition. Normally the box would be checked to show that the attorney’s representation in the matter extends beyond just preparing the Petition. You must sign and date the petition where indicated at Question 8 attesting to certain certifications about the preparation and accuracy of the application. Instructions and Tips for Completing the Application for Travel Document Based on A Concurrently Filed or Pending I-485 Application for Adjustment of Status: Forms G-28 and I-131 USCIS Instructions: Make sure to read the current USCIS instructions to the Forms G-28, and I-131. USCIS may have made changes to their instructions since this writing. This guide is to be used as a supplement to the USCIS guidance, not as a substitution. The instructions for the I-765 can be found at https://www.uscis.gov/i-131. Current Edition of Forms: Make sure that you are using the current accepted edition of the forms. The USCIS pages for the G-28 and the I-131 found in the Forms section of the USCIS website contains a dropdown listing for “Edition Date.” Compare the date(s) listed of the valid editions here. Compare the date(s) listed on the USCIS website to the edition date listed on the bottom left of the pages of the Form G-28 and I-131. The instructions listed here are for the 04/24/2019 edition of the Form I-131 and the 09/17/2018 edition of the Form G-28, which are the current editions of these form as of this writing—see https://www.uscis.gov/i-131 and https://www.uscis.gov/g-28. I-131 Application: An I-131 Application for Travel Document is used to apply for an Advance Parole Travel Document for someone with a pending I-485 Application for Adjustment of Status. The advance parole allows the holder to travel outside of the United States without abandoning their pending I-485 application. This guidance provides instructions for completing the Form I-131 when applying based on a concurrently filed Form I-485 Application for Adjustment of Status or a pending I-485 application. However, there are many reasons why someone might be eligible to apply to file an I-131. More information on the various purposes for filing a Form I-131 can be found in the instructions to the I-131. Generally, if an applicant is in the United States and has applied for adjustment of status to that of a lawful permanent resident (LPR), the application will be deemed abandoned if the applicant leaves the United States without first obtaining an Advance Parole Document. An exception to this rule exists for those with valid visas in the following nonimmigrant categories: H-1, H-4, L-1. L-2, K-3, K-4, or V. Otherwise, an advance parole is required in order to be able to travel abroad without abandoning the I-485 application. I-131 Filed Concurrently with I-485 Application or Based on Pending I-485 Application: The I-131 application for purposes of obtaining an advance parole can be filed based on a concurrently filed or pending I-485 Application for Adjustment of Status. File Form I-131 together with Form I-485 Application to Register Permanent Residence or Adjust Status, or if filing separately, submit a copy of the applicant’s I-485 Receipt Notice or other evidence that the Form I-485 is pending. G-28 for Attorney: When the I-131 petition is being handled by an attorney, a Form G-28 Notice of Appearance as Attorney signed by the petitioner must be submitted with the application. This guidance assumes that the preparer is an attorney. Filing Fees: No Fee is required for the Form I-131 where the I-131 is being filed to obtain an Advance Parole Document based upon a concurrently filed or pending I-485 application that was filed on or after July 30, 2007, where the filing fee for the Form I-485 application was paid. If you file the Form I-131 application separately from the Form I-485, you must also submit a copy of the Receipt Notice for the Form I-485, as evidence of filing Form I-485 on or after July 30, 2007, and payment of the appropriate form filing fee. If the applicant did not pay the appropriate Form I-485 filing fee because the filing fee was waived or they are exempt from paying it, they must pay the Form I-131 filing fee or request that the filing fee be waived. Type or print legibly in black ink. If you need extra space to complete any item in the I-131, you can add an addendum on an additional sheet of paper. Indicate the Page Number, Part Number, and Item Number to which your answer refers. Answer all questions fully and accurately. USCIS instructions advise that if an item is not applicable or the answer is “none,” to type or print “N/A,” and it is recommended that you do so. However, as of this writing, USCIS will not reject the petition if you do not enter “none” or “N/A” for all inapplicable questions. Required Evidence: You must submit the following documents with your I-131 application when applying based upon a concurrently filed or pending I-485 application: Two identical passport-style photographs of yourself taken within 30 days of the filing of this application; A copy of an official photo identity document; A copy of any document showing the applicant’s current status in the United States; A copy of the I-485 Receipt Notice as evidence of the pending adjustment of status application unless the Form I-131 application is being filed concurrently with the I-485 application; A copy of the most recently issued Reentry Permit or Refugee Travel Document if applicant has previously been issued one of these documents. G-28 NOTICE OF APPEARANCE AS ATTORNEY Part 1 Information About Attorney or Accredited Representative Question 1 – USCIS Online Account Number: If you (attorney (or accredited representative)) have a USCIS Online Account Number issued for the USCIS Electronic Immigration System (also known as the USCIS ELIS system), you can enter it here. Question 2 – Name of Attorney or Accredited Representative: Enter your full last name, first name, and middle name. Question 3 – Address of Attorney or Accredited Representative: Enter your mailing address. Questions 4, 5, 6 and 7 – Contact Information of Attorney or Accredited Representative: Enter your work telephone number, cell phone number (if any), email address (if any), and fax number (if any). You do not have to provide a cell phone number, email address, or a fax number, if you prefer not to. However, it can be helpful for the Service to have this additional contact information should they wish to reach you. Part 2 Eligibility Information for Attorney or Accredited Representative Question 1 – If you are an attorney admitted to practice in the US, Check box 1.a and complete Questions 1.b, 1.c, and 1.d. 1.a – In the box labeled “Licensing Authority,” list all U.S. states, D.C., possessions, territories, and commonwealths where you are admitted. In the box in 1.b enter all bar numbers for all the jurisdictions listed in 1.a. If you need extra space to complete this section, use the space provided in Part 6. 1.c – Check the appropriate box to indicate whether or not you are subject to any disciplinary actions restricting your ability to practice law in any of the jurisdictions where you are admitted. If you are subject to any order suspending, enjoining, restraining, disbarring, or otherwise restricting you in the practice of law, provide an explanation in Part 6. Attorneys are required to notify DHS of convictions or discipline under 8 CFR §292.3. 1.d – Enter the name of your law firm or organization, if applicable. If you need extra space to complete this section, use the space provided in Part 6. Question 2 – If you are not an attorney admitted to practice in the United States, but are an Accredited Representative of a recognized organization, as defined in 8 CFR Part 1292, Check box 2.a and complete Questions 2.b and 2.c. 2.b. – Enter the name of the relevant organization recognized by the Department of Justice under 8 CFR Part 1292. 2.c – Enter the date of accreditation. Question 3 – Limited Appearance for Another Attorney: You would not check this box as the attorney or accredited representative filing this application. Question 4 – Law Student: You would not check this box as the attorney or accredited representative filing this application. Part 3 Notice of Appearance as Attorney or Accredited Representative Questions 1 – 3: This appearance related to immigration matters before (select only one): Question 1 – USCIS: Check box 1.a showing that you are filing the accompanying petition with USCIS. Enter “I-131” in box 1.b. If you are filing any additional applications concurrently with the I-765 application, you can list those as well in box 1.b. (i.e., “I-485, I-765, I-131”). Question 2 – ICE: Skip this question since you are not filing the application with ICE. Question 3 CBP: Skip this question since you are not filing the application with CBP. Question 4 – Receipt Number (if any): You would only enter a receipt number here if you are filing the G-28 to enter yourself as the attorney of record for an existing pending or approved application. Otherwise, enter “N/A.” Question 5 – I enter my appearance as an attorney or accredited representative at the request of the (select only on box): Check “Applicant.” Information About Client (Applicant, Petitioner, Requestor, Beneficiary or Derivative, Respondent, or Authorized Signatory for an Entity) Question 6 – Name: The full legal name of the applicant is entered here. Enter the applicant’s full legal name as shown on their birth certificate or legal change of name document. As a general rule, the name on the birth certificate or legal name-change document should match the name on the person’s passport, unless the applicant has had their name legally changed and has not had their passport updated. However, it is recommended that the applicant have their name change updated on their passport to avoid possible complications. If the applicant has two last names, include both (and use a hyphen (-) between the names, if appropriate). Question 7.a – Name of Entity (if applicable): “N/A” is entered here. The applicant is an individual. Question 7.b – Title of Authorized Signatory for Entity (if applicable): “N/A” is entered here. The applicant is an individual. Question 8 – Client’s USCIS Online Account (if any): If the client was issued a USCIS Online Account Number, enter it in the space provided. If the client has previously filed an application or petition using the USCIS online filing system (previously called USCIS Electronic Immigration System or USCIS ELIS), provide the USCIS Online Account Number they were issued by the system. If the client previously filed certain applications or petitions on a paper form through a USCIS Lockbox facility, they may have received a USCIS Online Account Access Notice issuing a USCIS Online Account Number. They may find the USCIS Online Account Number (if any) at the top of the notices for the previously filed petition or application. The USCIS Online Account Number is not the same as an A-Number. Question 9 – Client's Alien Registration Number (A-Number) (if any): Enter applicant’s Alien Registration Number (also known as an “A-Number” or “A#”) here if the applicant has one. Most applicants do not have an A-Number. The A-Number is a unique seven-, eight- or nine-digit number assigned to a noncitizen by the DHS. applicant’s will usually be assigned an A-Number when an immigrant petition or application for adjustment of status is filed by, or on behalf of, the person, or if the person has previously been issued an immigrant visa. An A-Number is also assigned to the person if they have ever been placed in removal or deportation proceedings. While a person is not supposed to be assigned more than one A-Number, sometimes a person is mistakenly assigned more than one number. In such cases, all A-Numbers for the person should be listed, with any additional A-Number being listed on the addendum to the form. Some applicants may have a Work Authorization Document (EAD) that has listing for an A-Number that starts with a “1.” This number is not an A-Number. It is an EAD number and need not be listed here. If you do accidently list an EAD number here, it should not cause any problems, however. Questions 10, 11, and 12 – Client's Contact Information: Enter the contact information for the applicant. Enter their daytime telephone number, cell phone number (if any), and email address (if any). Question 13 – Mailing Address of Client: Provide the mailing address for the applicant. In certain situations, if it would be considered unsafe to provide the mailing address for the applicant, the mailing address for the attorney can be provided here. Part 4. Client's Consent to Representation and Signature Question 1.a, 1.b, and 1.c – Options Regarding Receipt of USCIS Notices and Documents: Check boxes 1.a and 1.b if you would like to have original notices and secure identity documents, such as the original Employment Authorization Document, to be mailed to you. Courtesy copies of notices will be sent to the client. If you are checking boxes 1.a and 1.b, you would not check box 1.c. This is the preferred option for most attorneys. Alternatively, check box 1.c only if the client wants the original documents, such as the Employment Authorization Document, to be mailed to them rather than having USCIS send these notices to you. If this is checked, you will receive courtesy copies of the notices. Note: Even when the G-28 is completed to request that original documents be mailed to the attorney, USCIS will often still mail these documents to the applicant. Therefore, you should make sure your client also is keeping an eye on their mailbox for these documents. Signature of Client or Authorized Signatory for an Entity The applicant must sign and date here. If the applicant is under 14 years of age, a parent or legal guardian may sign on their behalf. If the applicant is a mentally incompetent person, a legal guardian may sign on their behalf. Documentation of the legal guardianship should be included for any application signed by a legal guardian. Part 5. Signature of Attorney or Accredited Representative You must sign and date here. Part 6. Additional Information This section is used if there is not enough space in any other parts of the form to provide all requested information. Note: Even if no information is provided in Part 6, this page should still be included with the Form G-28 when filed. Failure to provide all pages of the G-28, including Part 6, could result in USCIS failing to recognize you as attorney of record. FORM I-131 APPLICATION FOR TRAVEL DOCUMENT Check the box on the top of Page 1 indicating that a G-28 is being submitted with the I-131. In the appropriate box, the attorney should enter their attorney State Bar Number. Part 1. Information About You Question 1 – Applicant’s Name: Enter the applicant’s full legal name as shown on their birth certificate or legal name-change document. As a general rule, the name on the birth certificate or legal name-change document should match the name on the person’s passport unless the applicant has legally changed their name and has not updated their passport. However, it is highly recommended that the applicant updates their passport with the name change to avoid possible complications. If the applicant has two last names, include both (and use a hyphen (-) between the names, if appropriate). Question 2 – U.S. Physical Address: Enter the applicant’s U.S. physical address. Other Information Question 3 – Alien Registration Number (A-Number) (if any): Enter the applicant’s Alien Registration Number (also known as an “A-Number”) here if the applicant has one. Most applicants do not have an A-Number. The A-Number is a unique seven-, eight- or nine-digit number assigned to a noncitizen by the DHS. applicant’s will usually be assigned an A-Number when an immigrant petition or application for Adjustment of Status is filed by, or on behalf of, the person, or if the person has previously been issued an Immigrant Visa. An A-Number is also assigned to the person if they have ever been placed in removal or deportation proceedings. While a person is not supposed to be assigned more than one A-Number, sometimes a person is mistakenly assigned more than one number. In such cases, all A-Numbers for the person should be listed, with any additional A-Number listed on the addendum to the form. Some applicants may have a Work Authorization Document (EAD) that has listing for an A-Number that starts with a “1.” This number is not an A-Number. It is an EAD number, and it doesn’t need to be listed here. If you do accidently list an EAD number here, it should not cause any problems. Question 4 – Country of Birth: Enter the name of the country where the applicant was born. Enter the name of the country as it was named at the time that the applicant was born even if the country’s name has changed or the country no longer exists. Question 5 – Country of Citizenship: List the name of all countries where the applicant is currently a citizen. If the applicant is stateless, enter the name of the country where they were last a citizen or national. Question 6 – Class of Admission: Enter the applicant’s immigration status. If the applicant is currently in valid nonimmigrant status, enter the class of admission as listed on their Form I-94 document. If the applicant has a pending I-485 application and is in the United States pursuant to an authorized period of stay for the I-485, you can enter “I-485 Pending” here. If the beneficiary did not come through a CBP land, sea, or airport Port of Entry upon their most recent entry into the United States, you can enter “EWI” here. Question 7 – Gender: Check the appropriate box that reflects the applicant’s gender. Question 8 – Date of Birth: Enter the applicant’s date of birth in the (mm/dd/yyyy) format. Question 9 – USCIS Online Account Number (if any) – If the applicant was issued a USCIS Online Account Number, enter it in the space provided. If the client has previously filed an application or petition using the USCIS online filing system (previously called USCIS Electronic Immigration System or USCIS ELIS), provide the USCIS Online Account Number they were issued by the system. If the client previously filed certain applications or petitions on a paper form through a USCIS Lockbox facility, they may have received a USCIS Online Account Access Notice issuing a USCIS Online Account Number. They may find the USCIS Online Account Number (if any) at the top of the notices for the previously filed petition or application. The USCIS Online Account Number is not the same as an A-Number. Part 2. Application Type Question 1 – Application Type: Select the appropriate basis for I-131 application from the following options: 1.a – I am a permanent resident or conditional resident of the United States, and I am applying for a reentry permit. 1.b – I now hold U.S. refugee or asylee status, and I am applying for a Refugee Travel Document. 1.c – I am a permanent resident as a direct result of refugee or asylee status, and I am applying for a Refugee Travel Document. 1.d – I am applying for an Advance Parole Document to allow me to return to the United States after temporary foreign travel. 1.e – I am outside the United States, and I am applying for an Advance Parole Document. 1.f – I am applying for an Advance Parole Document for a person who is outside the United States. When filing the I-131 application to obtain an Advance Parole Document based upon a concurrently filed or pending I-485 application, check box “1.d” for “I am applying for an Advance Parole Document to allow me to return to the United States after temporary foreign travel.” Question 2 – Information about person who is outside the United States for whom you are applying for advance parole: Question 2 is only completed if box “1.f” is checked. Therefore enter “N/A” in Item 2.a and skip to Part 3. Part 3. Processing Information Question 1 – Date of Intended Departure: Enter the applicant’s intended date of departure using the mm/dd/yyyy format. If the applicant does not have a specific planned date of intended departure, enter an estimated date. If the applicant does not have any future plans yet, any date may be entered as long as it is a future date. Question 2 – Expected Length of Trip: Enter the applicant’s expected length of trip, in days. If the applicant does not have a specifically planned length of trip, enter an estimated date. If the applicant does not have any future plans yet, any length of time may be entered (for example “15 days”). When requesting an Advance Parole Document based on an I-485 application, you may not request a length of trip longer than 365 days. Question 3 – Are you, or any person included in this application, now in exclusion, deportation, removal, or rescission proceedings?: Indicate whether the applicant is currently in immigration proceedings, including exclusion, deportation, removal, or rescission proceedings. If the applicant is currently in immigration proceedings, assess whether this would make the applicant ineligible for the advance parole and whether travel on the advance parole would negatively affect the applicant’s immigration status. Question 4 – Have you ever before been issued a reentry permit or Refugee Travel Document?: Indicate whether the applicant has ever been issued a Reentry Permit or Refugee Travel Document. If the answer is “Yes,” provide the date when the Reentry Permit or Refugee Travel Document was issued to the applicant and the current disposition of the document (attached, lost, etc.). If the applicant has previously been issued a Reentry Permit or Refugee Travel Document, submit a copy of the document with the I-131 application. Question 5 through Question 10 – Questions 5 through 10 are skipped where the I-131 application is being filed to obtain an Advance Parole Document. Part 4. Information About Your Proposed Travel Skip Part 4 where the I-131 is being filed to obtain an advance parole. Exception: Part 4 must be completed where the request for advance parole is based on a grant of Deferred Action for Childhood Arrivals. Part. 5. Complete Only If Applying for a Re-entry Permit Skip Part 5 where the I-131 is being filed to obtain an advance parole. Part 5 is only completed if the I-131 is being filed to obtain a Reentry Permit. Part 6. Complete Only If Applying for a Refugee Travel Document Skip Part 6 where the I-131 is being filed to obtain an advance parole. Part 6 is only completed if the I-131 is being filed to obtain a Refugee Travel Document. Part 7. Complete Only If Applying for Advance Parole Question 1 – How many trips do you intend to use this document?: Indicate whether the applicant is requesting a single-use advance parole for “One Trip” or multiple-use advance parole for “More than one trip.” “More than one trip” should generally be selected. Question 2 – If the person intended to receive an Advance Parole Document is outside the United States, provide the location (City or Town and Country) of the U.S. Embassy or consulate or the DHS overseas office that you want us to notify.: Skip Question 2 where the I-131 is being filed to obtain an Advance Parole Document based upon an I-485 application. Question 3 and Question 4 – If the travel document will be delivered to an overseas office, where should the notice to pick up the document be sent?: Skip Questions 3 and 4 where the I-131 is being filed to obtain an Advance Parole Document based upon an I-485 application. Part 8. Signature of Applicant The applicant must sign and date the application attesting that the information in the application is correct and authorize the release of information from their records that USCIS needs to determine eligibility for the benefit being sought. Also enter the applicant’s daytime phone number. Part 9. Information about Person Who Prepared This Application, if Other Than the Applicant Part 9 is completed by entering your (the attorney’s) full name, firm name, work mailing address, daytime telephone number, and email address (if any). You must sign and date the application where indicated attesting to certain certifications about the preparation and accuracy of the application. Instructions and Tips for Completing Application for Work Authorization Document Based on Concurrently Filed or Pending I-485 Application for Adjustment of Status: Form I-765 USCIS Instructions: Make sure to read the current USCIS Instructions to the Forms G-28, and I-765. USCIS may have made changes to their Instructions since this guide was published. This guide is to be used as a supplement to the USCIS guidance, not as a substitution. The Instructions for the I-765 can be found at https://www.uscis.gov/i-765. Current Edition of Forms: Make sure that you are using the current accepted edition of the forms. The USCIS pages for the G-28 and the I-765 found in the Forms section of the USCIS website contains a dropdown listing for “Edition Date.” Compare the date(s) listed of the valid editions here. Compare the date(s) listed on the USCIS website to the edition date listed on the bottom left of the pages of the Form G-28 and I-765. The instructions listed here are for the 08/25/20 edition of the Form I-765 and the 09/17/2018 edition of the Form G-28, which are the current editions of these forms as of the publishing of this guide. See https://www.uscis.gov/i-765 and https://www.uscis.gov/g-28. I-765 Application: An I-765 Application for Employment Authorization is used to apply for an Employment Authorization Document (EAD), also known as a work authorization card. The EAD allows the EAD holder to work in the United States. This guidance provides instructions for completing the Form I-765 when applying based upon a concurrently filed Form I-485 application for Adjustment of Status or a pending I-485 application. However, there are many reasons why someone might be eligible to apply to file an I-765. More information on the various eligibility categories can be found in the instructions to the I-765. I-765 Filed Concurrently with I-485 Application or Based on Pending I-485 Application: The I-765 application can be filed based on a concurrently filed or pending I-485 Application for Adjustment of Status. File Form I-765 together with Form I-485 Application to Register Permanent Residence or Adjust Status, or if filing separately, submit a copy of the applicant’s I-485 Receipt Notice or other evidence that the Form I-485 is pending. In most situations where the I-765 is filed based on the applicant’s I-485 application, the (c)(9) eligibility category is listed in Part 2 of the I-765. However, note the following for certain applications: Asylee or Refugee Applied to Adjust to Lawful Permanent Resident Status: If the applicant is an asylee or refugee and has applied to adjust to lawful permanent resident status on Form I-485, file Form I-765 under eligibility category (a)(5) as an asylee or (a)(3) as a refugee. Do not file under eligibility category (c)(9). The applicant will need to pay the filing fee or obtain a fee waiver for Form I-765 if the Form I-485 is still pending with USCIS and this is not their first EAD as a refugee or asylee and they did not pay the Form I-485 filing fee for any reason. Registry Applicant Based on Continuous Residence Since January 1, 1972: Use eligibility category (c)(16). File Form I-765 together with the Form I-485 or, if filing separately, submit a copy of the Form I-485 Receipt Notice or other evidence that the Form I-485 is pending. Renewal EAD for National Interest Waiver Physicians: If you are requesting a renewal EAD based on the applicant’s pending adjustment of status application and an approved National Interest Waiver Physician I-140 Petition, you must also include evidence of the physician’s meaningful progress toward completing the National Interest Waiver obligation (for example, documentation of employment in any period during the previous year, such as copies of W-2 forms). If the applicant did not work as a National Interest Waiver Physician during any period of the previous year, you must explain why and provide a statement of future intent to work as a physician in a qualifying location. G-28 for Attorney: When the I-765 petition is being handled by an attorney, a Form G-28 Notice of Appearance as Attorney signed by the petitioner must be submitted with the application. Type or print legibly in black ink. If you need extra space to complete any item in the I-765, go to Part 6 Additional Information. Indicate the Page Number, Part Number, and Item Number to which your answer refers. Answer all questions fully and accurately. USCIS Instructions advise that if an item is not applicable or the answer is “none,” type or print “N/A,” and it is recommended that you do so. However, as of the publishing of this guide, USCIS will not reject the petition if you do not enter “none” or “N/A” for all inapplicable questions. This guidance assumes that the preparer is an attorney. Required Evidence: You must submit the following documents with your I-765 application when applying under the (c)(9) eligibility category: A copy of the front and back of the applicant’s most recent EAD. If the applicant was not previously issued an EAD, you must submit a copy of a government-issued identity document (such as a passport) showing the applicant’s picture, name, and date of birth; a birth certificate with photo ID; a visa issued by a foreign consulate; or a national ID document with photo and/or fingerprint. The identity document photocopy must clearly show the applicant’s facial features and contain their biographical information. Photographs: You must submit two identical passport-style photographs (in color) of the applicant that have been taken recently. See the instructions to the I-765 for guidance on the specific requirements for the passport-style photographs. Using a pencil or felt pen, lightly print the applicant’s name and A-Number (if any) on the back of the photo. If the I-765 is not being filed concurrently with the Form I-485 application, then a copy of the I-485 Receipt Notice must be submitted. Filing Fees: No Fee is required for the Form I-765 where the I-765 is being filed based on a concurrently filed or pending I-485 application that was filed on or after July 30, 2007, where the filing fee for the Form I-485 application was paid. If you file the Form I-765 application separately from the Form I-485, you must also submit a copy of the Receipt Notice for the Form I-485, as evidence of filing Form I-485 on or after July 30, 2007, and payment of the appropriate form filing fee. If the applicant did not pay the appropriate Form I-485 filing fee because the filing fee was waived or they are exempt from paying it, they must pay the Form I-765 filing fee or request that the filing fee be waived. G-28 NOTICE OF APPEARANCE AS ATTORNEY Part 1 Information About Attorney or Accredited Representative Question 1 – USCIS Online Account Number: If you (the attorney (or accredited representative)) have a USCIS Online Account Number issued for the USCIS Electronic Immigration System (also known as the USCIS ELIS system), you can enter it here. Question 2 – Name of Attorney or Accredited Representative: Enter your full last name, first name, and middle name. Question 3 – Address of Attorney or Accredited Representative: Enter your mailing address. Questions 4, 5, 6 and 7 – Contact Information of Attorney or Accredited Representative: Enter your work telephone number, cell phone number (if any), email address (if any), and fax number (if any). You do not have to provide a cell phone number, email address, or a fax number, if you prefer not to, however, it can be helpful for the Service to have this additional contact information should they wish to reach you. Part 2 Eligibility Information for Attorney or Accredited Representative Question 1 – If you are an attorney admitted to practice in the United States, Check box 1.a and complete Questions 1.b, 1.c, and 1.d. 1.a – In the box labeled “Licensing Authority,” list all U.S. states, D.C., possessions, territories, and commonwealths where you are admitted. In the box in 1.b enter all bar numbers for all the jurisdictions listed in 1.a. If you need extra space to complete this section, use the space provided in Part 6. 1.c – Check the appropriate box to indicate whether or not you are subject to any disciplinary actions restricting your ability to practice law in any of the jurisdictions where you are admitted. If you are subject to any order suspending, enjoining, restraining, disbarring, or otherwise restricting you in the practice of law, provide an explanation in Part 6. Attorneys are required to notify DHS of convictions or discipline under 8 CFR §292.3. 1.d – Enter the name of your law firm or organization, if applicable. If you need extra space to complete this section, use the space provided in Part 6. Question 2 – If you are not an attorney admitted to practice in the United States, but are an Accredited Representative of a recognized organization, as defined in 8 CFR Part 1292, Check box 2.a and complete Questions 2.b and 2.c. 2.b – Enter the name of the relevant organization recognized by the Department of Justice under 8 CFR Part 1292. 2.c – Enter the date of your accreditation. Question 3 – Limited Appearance for Another Attorney: You would not check this box as the attorney or accredited representative filing this application. Question 4 – Law Student: You would not check this box as the attorney or accredited representative filing this application. Part 3 Notice of Appearance as Attorney or Accredited Representative Questions 1 – 3: This appearance is related to immigration matters before (select only one): Question 1 – USCIS: Check box 1.a showing that you are filing the accompanying petition with USCIS. Enter “I-765” in box 1.b. If you are filing any additional applications concurrently with the I-765 application, you can list those as well in box 1.b. (i.e., “I-485, I-765, I-131”). Question 2 – ICE: Skip this question since you are not filing the application with ICE. Question 3 CBP: Skip this question since you are not filing the application with CBP. Question 4 – Receipt Number (if any): You would only enter a receipt number here if you are filing the G-28 to enter yourself as the Attorney of record for an existing pending or approved application. Otherwise, enter “N/A.” Question 5 – I enter my appearance as an Attorney or Accredited Representative at the request of the (select only on box): Check “applicant.” Information About Client (Applicant, Petitioner, Requestor, Beneficiary or Derivative, Respondent, or Authorized Signatory for an Entity) Question 6 – Name: The full legal name of the applicant is entered here. Enter the applicant’s full legal name as shown on their birth certificate or legal change of name document. As a general rule, the name on the birth certificate or legal name-change document should match the name on the person’s passport unless the applicant has had their name legally changed but has not had their passport updated. It is recommended that the applicant have their name change updated on their passport to avoid possible complications. If the applicant has two last names, include both (and use a hyphen (-) between the names, if appropriate). Question 7.a – Name of Entity (if applicable): “N/A” is entered here. The applicant is an individual. Question 7.b – Title of Authorized Signatory for Entity (if applicable): “N/A” is entered here. The applicant is an individual. Question 8 – Client’s USCIS Online Account (if Any): If the client was issued a USCIS Online Account Number, enter it in the space provided. If the client has previously filed an application or petition using the USCIS online filing system (previously called USCIS Electronic Immigration System or USCIS ELIS), provide the USCIS Online Account Number they were issued by the system. If the client previously filed certain applications or petitions on a paper form through a USCIS Lockbox facility, they may have received a USCIS Online Account Access Notice issuing a USCIS Online Account Number. They may find the USCIS Online Account Number (if any) at the top of the notices for the previously filed petition or application. The USCIS Online Account Number is not the same as an A-Number. Question 9 – Client's Alien Registration Number (A-Number) (if any): Enter applicant’s Alien Registration Number (also known as an “A-Number” or “A#”) here if the applicant has one. Most applicants do not have an A-Number. The A-Number is a unique seven-, eight- or nine-digit number assigned to a noncitizen by the DHS. applicant’s will usually be assigned an A-Number when an immigrant petition or application for adjustment of status is filed by, or on behalf of, the person, or if the person has previously been issued an immigrant visa. An A-Number is also assigned to the person if they have ever been placed in removal or deportation proceedings. While a person is not supposed to be assigned more than one A-Number, sometimes a person is mistakenly assigned more than one number. In such cases, all A-Numbers for the person should be listed, with any additional A-Number being listed on the addendum to the form. Some applicants may have a Work Authorization Document (EAD) that has listing for an A-Number that starts with a “1.” This number is not an A-Number. It is an EAD number and need not be listed here. If you do accidently list an EAD number here, it should not cause any problem. Questions 10, 11, and 12 – Client's Contact Information: Enter the contact information for the applicant. Enter their daytime telephone number, cell phone number (if any), and email address (if any). Question 13 – Mailing Address of Client: Provide the mailing address for the applicant. In certain situations, if it would be considered unsafe to provide the mailing address for the applicant, the mailing address for the attorney can be provided here. Part 4. Client's Consent to Representation and Signature Question 1.a, 1.b, and 1.c – Options Regarding Receipt of USCIS Notices and Documents: Check boxes 1.a and 1.b if you would like to have original notices and secure identity documents, such as the original EAD, to be mailed to you. Courtesy copies of notices will be sent to the client. If you are checking boxes 1.a and 1.b, you would not check box 1.c. This is the preferred option for most attorneys. Alternatively, check box 1.c only if the client wants the original documents, such as the EAD, to be mailed to them rather than having USCIS send these notices to you. If this is checked, you will receive courtesy copies of the notices. Note: Even when the G-28 is completed to request that original documents be mailed to the attorney, USCIS will often still mail these documents to the applicant. Therefore, you should make sure your client also is keeping an eye on their mailbox for these documents as well. Signature of Client or Authorized Signatory for an Entity The applicant must sign and date here. If the applicant is under 14 years of age, a parent or legal guardian may sign on their behalf. If the applicant is a mentally incompetent person, a legal guardian may sign on their behalf. Documentation of the legal guardianship should be included for any application signed by a legal guardian. Part 5. Signature of Attorney or Accredited Representative You must sign and date here. Part 6. Additional Information This section is used if there is not enough space in any other parts of the form to provide all requested information. Note: Even if no information is provided in Part 6, this page should still be included with the Form G-28 when filed. Failure to provide all pages of the G-28, including Part 6, could result in USCIS failing to recognize you as attorney of record. FORM I-765 APPLICATION FOR EMPLOYMENT AUTHORIZATION Check the box on the top of Page 1 indicating that a G-28 is being submitted with the I-765. In the appropriate box, you (the attorney) should enter your attorney State Bar Number. Part 1. Reason for Applying Question 1 – Reason for Applying: Check the appropriate box (1.a, 1.b, or 1.c) to indicate whether you are filing the I-765 to apply for an initial EAD; applying to replace a lost, stolen, or damaged EAD, or to request a correction of an error on the EAD; or apply to renew an EAD. Check only one of the following boxes: Box 1.a – Initial permission to accept employment.: Check box 1.a if the applicant has not previously been issued an EAD based on the same eligibility category being requested in this application. The eligibility category under which an EAD is issued is indicated under “Category” on the EAD. Therefore, check this box only if the applicant HAS NOT previously been issued an EAD based upon a pending I-485 application for adjustment of status, which is eligibility category (c)(9). Box 1.b – Replacement of lost, stolen, or damaged EAD, or correction of my EAD NOT DUE to U.S. Citizenship and Immigration Services (USCIS) error.: Check box 1.b if the I-765 is being filed in order to replace a lost, stolen, or damaged EAD card or if the I-765 is being filed because there was an error on an EAD card issued to the applicant which was not due to a USCIS error (for example, the error was due to a typo on the previously filed I-765). If the correction being requested was due entirely to a USCIS error (e.g., the information on the forms and documentation was correct and the error was caused due to a typo or other error caused by USCIS), you do not need to submit a new I-765 application to request a correction. Box 1.c – Renewal of my permission to accept employment.: Check box 1.c if the applicant has previously been issued an EAD based upon the same eligibility category being requested in this application. The eligibility category under which an EAD is issued is indicated under “Category” on the EAD. Therefore, check this box only if the applicant HAS previously been issued an EAD based upon a pending I-485 application for adjustment of status, which is eligibility category (c)(9). If you are checking this box, you must submit a copy of the applicant’s previously issued EAD card with the application. Part 2. Information About You Question 1 – Applicant’s Name: Enter the applicant’s full legal name as shown on their birth certificate or legal change of name document. As a general rule, the name on the birth certificate or legal name-change document should match the name on the person’s passport, unless the applicant has legally changed their name but has not updated their passport. However, it is recommended that the applicant updates their passport with the name change to avoid possible complications. If the applicant has two last names, include both (and use a hyphen (-) between the names, if appropriate). Questions 2 – 4 – Other Names Used: Provide all other names the applicant has ever used, including aliases, maiden name, and nicknames. Question 5 – Your U.S. Mailing Address: Enter the applicant’s U.S. mailing address. You must provide a valid mailing address in the United States. You may list a valid U.S. residence, APO, or commercial address. You may also list a U.S. Post Office address (P.O. Box) if that is how the applicant receives their mail. If the applicant’s mail is sent to someone other than the applicant, include an “In Care of Name” as part of the mailing address. If the applicant’s U.S. mailing address is in a U.S. territory and it contains an urbanization name, list the urbanization name in the “In Care of Name” space provided. USCIS may send the EAD to this address, even if the G-28 indicates that documents should be sent to your (the attorney’s) address. Therefore, you should advise your client to be aware that the card may come to them at this address. Do not use your (attorney’s) address here. Exception: In certain situations, e.g., if the applicant has a pending or approved Form I-360 VAWA self-petition, Form I-914 Application for T Nonimmigrant Status, or Form I-918 Petition for U Nonimmigrant Status and does not feel safe receiving correspondence regarding this application at their residential address, provide a safe mailing address. You may provide a P.O. Box, the address of a friend, your (the attorney’s) address, a community-based organization that is helping the applicant, or any other address where the applicant can safely and punctually receive mail. If an alternate or safe mailing address is not provided, USCIS may use your (the attorney/preparer) address, if any. If the safe mailing address is not the same as the address where they currently reside, provide their U.S. physical address in Question 7. Question 6 – Is your current mailing address the same as your physical address?: Check “Yes” or “No” to indicate whether the applicant’s listed mailing address is the same as their physical address. If you answer “No,” provide the applicant’s physical address in Question 7. Question 7 – U.S. Physical Address: If the applicant’s physical address is different than their mailing address, enter the applicant’s physical address here. If their physical address is the same as their mailing address, enter “N/A” or “Same” here. Other Information Question 8 – Alien Registration Number (A-Number) (if any): Enter applicant’s Alien Registration Number (also known as an “A-Number” or “A#”) here, if the applicant has one. Most applicants do not have an A-Number. The A-Number is a unique seven-, eight- or nine-digit number assigned to a noncitizen by the DHS. Applicant’s will usually be assigned an A-Number when an immigrant petition or application for Adjustment of Status is filed by or on behalf of the person, or if the person has previously been issued an immigrant visa. An A-Number is also assigned to the person if they have ever been placed in removal or deportation proceedings. While a person is not supposed to be assigned more than one A-Number, sometimes a person is mistakenly assigned more than one number. In such cases, all A-Numbers for the person should be listed, with any additional A-Number being listed on the addendum to the form. Some applicants may have a Work Authorization Document (EAD) that has listing for an A-Number that starts with a “1.” This number is not an A-Number. It is an EAD number, and it doesn’t need to be listed here. If you do accidently list an EAD number here, it should not cause any problems. Question 9 – USCIS Online Account Number (if any) – If the client was issued a USCIS Online Account Number, enter it in the space provided. If the client has previously filed an application or petition using the USCIS online filing system (previously called USCIS Electronic Immigration System or USCIS ELIS), provide the USCIS Online Account Number they were issued by the system. If the client previously filed certain applications or petitions on a paper form through a USCIS Lockbox facility, they may have received a USCIS Online Account Access Notice issuing a USCIS Online Account Number. They may find the USCIS Online Account Number (if any) at the top of the notices for the previously filed petition or application. The USCIS Online Account Number is not the same as an A-Number. Question 10 – Gender: Check the appropriate box that reflects the applicant’s gender. Question 11 – Marital Status: Check the appropriate box that reflects the applicant’s current marital status (“Single,” “Married,” “Divorced,” or “Widowed”) as of the date that the Form I-765 is filed with USCIS. Note: You may select "married" if the applicant is married according to the laws of the state where their wedding ceremony occurred, even if their current state of residence does not recognize that marriage. If the applicant is separated but not yet divorced, select "married." Question 12 – Have you previously filed Form I-765?: Check “Yes” or “No” to indicate whether the applicant has ever previously filed a Form I-765. If the applicant has previously been issued an EAD, include a copy of their most recent EAD and any available copies of any other previous EADs with the application. Question 13.a – Has the Social Security Administration (SSA) ever officially issued a Social Security card to you?: Check “Yes” or “No” to indicate whether the applicant has ever been issued a Social Security Number by the SSA, even if the Social Security Number (SSN) was issued to the applicant in a different name than they currently use, e.g., a maiden name. Note: If applicant has previously used an SSN that was issued to someone else or used a made-up SSN but has never been issued an SSN by the SSA, then you would still answer “No.” If you answered “No” to Question 13.a., skip to Question 14. Question 13.b – Provide your Social Security number (SSN) (if known): If you answered “Yes” to Question 13.a., enter the applicant’s SSN here. Note: If applicant has previously used an SSN that was issued to someone else or used a made-up SSN, that number should NOT be entered here. Question 14 – Do you want the SSA to issue you a Social Security card?: Check “Yes” or “No” to indicate whether the applicant wants the SSA to issue them an initial or replacement Social Security Card. If the applicant does not already have an SSN when their request for employment authorization is approved, the SSA will assign an SSN to the applicant and issued a Social Security Card to applicant. If the applicant already has an SSN, when their request for employment authorization is approved, the SSA will issue a replacement Social Security Card to them. If you check “No” to Question 14, skip to Question 18. If you check “Yes” to Question 14, then you must complete Questions 15–17. Question 15 – Consent for Disclosure: If Question 14 is answered “Yes” and the applicant would like to receive an initial or replacement Social Security Card, you must also check “Yes” to Question 15 granting authorization for disclosure of information from the application to the SSA as required for the purpose of assigning an SSN and issuing a Social Security Card. Question 16 and 17 – Mother’s Name and Father’s Name: You must also provide the names of the applicant’s father and mother as they were at the time when parents were born if you want the SSA to issue a Social Security Card to applicant. Question 18 – Your Country or Countries of Citizenship or Nationality: List the name of all countries where the applicant is currently a citizen or national. If the applicant is stateless, enter the name of the country where they were last a citizen or national. Question 19 – Place of Birth: Enter the name of the city, town, or village; state or province; and country where the applicant was born. Enter the name of the country as it was named at the time that the applicant was born, even if the country’s name has changed or the country no longer exists. Question 20 – Date of Birth: Enter the applicant’s date of birth in the (mm/dd/yyyy) format. Information About Your Last Arrival in the United States Answer Questions 21 – 24 with information about the applicant’s most recent arrival into the United States. Question 21.a – Form I-94 Arrival-Departure Record Number (if any): Enter the I-94 number that is listed on the I-94 that was issued to the applicant by CBP when they last entered the United States. The I-94 number that should be entered here is the number from the I-94 issued to the applicant by CBP on their most recent arrival to the United States even if they have since been issued a new I-94 by USCIS pursuant to a change of status or extension of status. If the applicant was not issued an I-94 at the time of their last arrival to the United States (for example sometimes Canadian citizens are not issued an I-94 when they enter through a land border POE, enter “N/A.” If the applicant’s last entry into the United States was without inspection and admission or parole, enter “N/A.” If the applicant was admitted to the United States by CBP at an airport or seaport after April 30, 2013, CBP may have issued an electronic Form I-94 instead of a paper Form I-94 to the applicant. If so, you can obtain the I-94 from the CBP website at www.cbp.gov/i94. If the applicant’s Form I-94 cannot be obtained from the CBP website, it may be obtained by filing a Form I-102 Application for Replacement/Initial Nonimmigrant Arrival-Departure Record with USCIS. Question 21.b – Passport Number of Your Most Recently Issued Passport: If the applicant used a passport to travel to the United States at the time of their most recent entry into the United States, enter the passport number even if the passport is currently expired. Question 21.c – Travel Document Number (if any): If the applicant used a different travel document to travel to the United States at the time of their most recent entry into the United States, enter the travel document number even if the travel document is currently expired. Question 21.d – Country That Issued Your Passport or Travel Document: If the applicant used a passport or travel document to travel to the United States at the time of their most recent entry into the United States, enter the country that issued that passport or travel document. Question 21.e – Expiration Date for Passport or Travel Document: If the applicant used a passport or travel document to travel to the United States at the time of their most recent entry into the United States, enter the expiration date of that passport or travel document. Question 22 – Date of Your Last Arrival Into the United States, On or About: Enter the date on which the applicant last entered the United States in the mm/dd/yyyy format. If CBP issued an I-94 by CBP to applicant when they last entered the United States, the date of their last arrival will be listed on the I-94. Question 23 – Place of Your Last Arrival Into the United States: Enter the location where the applicant last entered the United States. Question 24 – Immigration Status at Your Last Arrival (for example, B-2 visitor, F-1 student, or no status): Enter the immigration status of the applicant when they last entered the United States. If applicant last entered the United States in nonimmigrant status, enter the letter and number that correlates with that status. For example, if the applicant entered the United States as a visitor for pleasure, enter “B-2 Visitor.” If CBP issued an I-94 to the applicant when they last entered the United States, the status at the time of their arrival will be listed on the I-94. If the applicant last entered the United States without inspection, enter “No Status.” Question 25 – Your Current Immigration Status or Category (for example, B-2 visitor, F-1 student, parolee, deferred action, or no status or category): Enter the applicant’s current immigration status. For example, if the applicant’s current status is an F-1 nonimmigrant student, enter “F-1 student.” If the applicant has a valid I-94 issued by CBP or has a valid I-94 issued by USCIS upon the approval of a change of status or extension of status, the applicant’s current immigration status will be listed on the I-94. If the applicant has no valid immigration status, enter “No Status.” If the applicant has been issued deferred action, such as DACA, enter “Deferred Action.” If the applicant has no other status but is in an authorized period of stay pursuant to a pending I-485 application, enter “I-485 Pending.” Question 26 – Student and Exchange Visitor Information System (SEVIS) Number (if any): If the applicant has previously been in F, M, or J status, enter the SEVIS number from the I-20 or DS-2019. Question 27 – Eligibility Category: Enter the appropriate eligibility category for the basis of the applicant’s eligibility for work authorization. Refer to the Form I-765 Instructions, in the “Who May File Form I-765” section, which contains a listing of the eligibility categories. For an I-765 filed based upon a concurrently filed or pending I-485 application to adjust status, the eligibility category of “(C)(9)” should be entered in response to Question 27. Skip Questions 28 – 31 and continue with Part 3. Questions 28 – 31: These questions are skipped where the eligibility category of (c)(9) is entered in response to Question 27. Part 3. Applicant's Statement, Contact Information, Declaration, Certification, and Signature Applicant's Statement Question 1 – If the applicant can sufficiently read English so that they can comfortably read and understand the prepared application, then the box in Question 1.a should be checked indicating their ability to read English and that they fully reviewed the application. The applicant should carefully review the entire application for accuracy prior to signing. If the applicant is not proficient enough in reading English so that they are not comfortable reading and understanding the prepared application, then a competent interpreter needs to be arranged to read through the application with the applicant for accuracy review prior to signing. The interpreter need not be a professional interpreter but should be someone that you (the attorney) and the client are comfortable will be able to properly interpret the application for the applicant. In such case, the box in Question 1.b should be checked and the language used to interpret the application to the applicant should be entered at Question 1.c. Question 2 – The box for Question 2 should be checked and your name (the attorney) should be entered in Question 2 indicating that you prepared the application at the request of the applicant and that you based the application on the information and documentation that the applicant provided to you. Applicant's Contact Information Questions 3, 4, and 5 – Enter the contact information for the applicant. Enter their daytime telephone number, cell phone number (if any), and email address (if any). Question 6 – This question is skipped where the eligibility category of (c)(33) is entered in response to Question 27. Applicant's Declaration and Certification After fully reviewing the entire application (with the assistance of an interpreter if required), the applicant certifies the application and provides certain authorizations the government by singing and dating the application where indicated at Question 7 on Page 5. Part 4. Interpreter's Contact Information, Certification, and Signature If an interpreter was used to read the application to the applicant to review for accuracy prior to the applicant signing the application, Part 7 must be completed with the information about the interpreter. The interpreter must sign and date to certify that they are fluent in English and the language used by the applicant; that they have completely read the application to the applicant in that language; that the applicant confirmed to understand the contents of the application; and that the applicant verified the accuracy of the application. Part 4 is completed by entering the full legal name of the interpreter, the interpreter’s mailing address, daytime phone number, cell phone number (if any), email address (if any), and the language used to interpret the application to the applicant. The interpreter must then sign and date the application where indicated at Question 7 on Page 5 of the application. Part 5. Contact Information, Declaration, and Signature of the Person Preparing This Application, If Other Than the Applicant Part 5 is completed by entering your (the attorney’s) full name, firm name, work mailing address, daytime telephone number, fax number (if any), and email address (if any). The box at Question 7.b should be checked indicating that you (the preparer) are an attorney. The appropriate box should be checked indicating whether or not your representation extends beyond just the preparation of the application. Normally the box would be checked to show that the attorney’s representation in the matter extends beyond just preparing the application. You must sign and date the application where indicated as Question 8 attesting to certain certifications about the preparation and accuracy of the application. Part 6. Additional Information This section is used if there is not enough space in any other parts of the form to provide all requested information. Note: Even if no information is provided in Part 6, this page should still be included with the application when submitted to USCIS. If you need additional space, make additional copies of this page to use to provide all requested information. If you are using Part 6 to provide additional information, enter the applicant’s name and Alien Registration Number (A-Number) (if any), where indicated on each page being used. Then for each additional item of information provided, indicate the Page Number, Part Number, and Item Number to which the answer refers. Instructions and Tips for Completing the Form I-864 Affidavit of Support under INA §213 and the Form I-864A Contract between Sponsor and Household Member Make sure that you are using a valid edition of the form. The USCIS pages for the Form G-28 Notice of Appearance as Attorney, the Form I-864 Affidavit of Support Under Section 213A of the INA, and the Form I-864A Contract Between Sponsor and Household Member are in the Forms section of the USCIS website contains a dropdown listing for “Edition Date.” Compare the date(s) listed of the valid editions here. Compare the date(s) listed on the USCIS website to the edition date listed on the bottom left of the pages of the Form G-28 and the Form I-864. The instructions listed here are for 12/08/2021 edition of the Form I-864 and Form I-864A and the 09/17/2018 edition of the Form G-28, which are the current editions of these form as of this writing—see https://www.uscis.gov/i-864, https://www.uscis.gov/i-864a, and https://www.uscis.gov/g-28. The Form I-864 Affidavit of Support is actually a contract between an immigrant’s sponsor and the U.S. Government, and the sponsor agrees to maintain the intending immigrants and the rest of the sponsor’s household at 125% of the Federal Poverty Guidelines (100% where the sponsor is an active member of the U.S. military). The Federal Poverty Guidelines can be found on the I-864P, 2021 HHS Poverty Guidelines for Affidavit of Support at https://www.uscis.gov/i-864p. The sponsor is liable for the repayment of certain federal, state, or local means-tested benefits and the agency providing the benefits can sue the sponsor for the cost of the benefits if they are not repaid. The Form I-864 is required to be submitted by the following types of petitioners/employers: All immediate relatives of U.S. citizens (spouses, unmarried children under 21 years of age, and parents of U.S. citizens 21 years of age and older); All family-based preference immigrants (unmarried sons and daughters of U.S. citizens, spouses and unmarried sons and daughters of lawful permanent residents, married sons and daughters of U.S. citizens, and brothers and sisters of U.S. citizens 21 year of age and older); and Employment-based preference immigrants in case only when a U.S. citizen, lawful permanent resident, or U.S. national relative filed the immigrant visa petition or such relative has a significant ownership interest (5% or more) in the entity that filed the petition. The I-864 can also be submitted by a joint sponsor where the family-member sponsor does not have sufficient income or assets to meet the requirement. The I-864 is also submitted by a substitute sponsor in certain situations where the petitioner of an I-130 dies after the I-130 is approved, but before the intending immigrant becomes a Lawful Permanent Resident. The substitute sponsor must be related to the I-130 beneficiary as their spouse, parent, mother-in-law, father-in-law, sibling, child (at least 18 years of age), son or daughter, sister-in-law, brother-in-law, grandparent, grandchild, or legal guardian. An I-864 is not required in the following situations. In these situations, a Form I-864W Request for Exemption for Intending Immigrant's Affidavit of Support is submitted by the intending immigrant instead: The intending immigrant has earned or can receive credit for 40 qualifying quarters (credits) of work in the U.S. In addition to their own work, intending immigrants may be able to secure credit for work performed by a spouse during marriage and by their parents while the immigrants were under 18 years of age. The Social Security Administration (SSA) can provide information on how to count quarters of work earned or credited and how to provide evidence of such. See the SSA website at https://www.ssa.gov/myaccount/ for more information; The intending immigrant is a child who will, upon admission as a Permanent Resident, acquire U.S. citizenship under INA §320, as amended by the Child Citizenship Act of 2000 (CCA); The intending immigrant is a self-petitioning widow or widower who have an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant; and The intending immigrant is a self-petitioning battered spouses and children who have an approved Form I-360. The I-864 (and I-864A) is usually submitted with the Form I-485 where the intending immigrant is applying for Adjustment of Status in the United States. The I-864 (and I-864A) is usually submitted to the DOS National Visa Center as a part of the immigrant visa application process. When the Form I-864 is being handled by an attorney (you), a Form G-28 Notice of Appearance as Attorney should be submitted with the form. This guidance assumes that the preparer is an attorney. There is no filing fee for the I-864 or I-864A. Type or print legibly in black ink. All dates must be entered in the mm/dd/yyyy format. You may provide approximate dates if you do not know the exact date. Do not leave a date response blank. If you need extra space to complete any item in the Form I-864, go to Part 11, Additional Information. If you need extra space to complete any item in the G-28, go to Part 6, Additional Information. Indicate the Page Number, Part Number, and Item Number to which your answer refers. Answer all questions fully and accurately. USCIS instructions advise that if an item is not applicable or the answer is “none,” to type or print “N/A,” and it is recommended that you do so. However, as of this writing, USCIS will not reject the application if you do not enter “none” or “N/A” for all inapplicable questions. G-28 NOTICE OF APPEARANCE AS ATTORNEY Part 1 Information About Attorney or Accredited Representative: Question 1 – USCIS Online Account Number: If you (attorney or accredited representative) have a USCIS Online Account Number issued for the USCIS Electronic Immigration System (previously known as the USCIS ELIS system), you should enter it here. The attorney or accredited representative can find their USCIS Online Account Number by logging into the USCIS online account and going to the profile page. Question 2 – Name of Attorney or Accredited Representative: Enter your full last name, first name, and middle name. Question 3 – Address of Attorney or Accredited Representative: Enter your mailing address. Questions 4, 5, 6 and 7 – Contact Information of Attorney or Accredited Representative: Enter your work telephone number, cell phone number (if any), email address (if any), and fax number (if any). You do not have to provide a cell phone number, email address, or a fax number, if you prefer not to. However, it can be helpful for the Service to have this additional contact information should they wish to reach you. Part 2 Eligibility Information for Attorney or Accredited Representative Question 1 – If you are an attorney admitted to practice in the United States, Check box 1.a and complete Questions 1.b, 1.c, and 1.d. 1.a – In the box labeled “Licensing Authority,” list all U.S. states, D.C., possessions, territories, and commonwealths where you are admitted. In the box in 1.b enter all bar numbers for all the jurisdictions listed in 1.a. If you need extra space to complete this section, use the space provided in Part 6. 1.c – Check the appropriate box to indicate whether or not you are subject to any disciplinary actions restricting your ability to practice law in any of the jurisdictions where you are admitted. If you are subject to any order suspending, enjoining, restraining, disbarring, or otherwise restricting you in the practice of law, provide an explanation in Part 6. Attorneys are required to notify DHS of convictions or discipline under 8 CFR §292.3. 1.d – Enter the name of your law firm or organization, if applicable. If you need extra space to complete this section, use the space provided in Part 6. Question 2 – If you are not an attorney admitted to practice in the United States, but are an Accredited Representative of a recognized organization, as defined in 8 CFR Part 1292, Check box 2.a and complete Questions 2.b and 2.c. 2.b. – Enter the name of the relevant organization recognized by the Department of Justice under 8 CFR Part 1292. 2.c – Enter the date of your accreditation. Question 3 – Limited Appearance for Another Attorney: Skip this question. You would not check this box as the attorney or accredited representative filing the application. The box for Item 3 is only checked for someone who is not the attorney or accredited representative of record but is standing in for that person for a limited purpose. For example, this item would be checked and completed for an attorney who is appearing for an interview and at the request of the attorney or accredited representative who previously filed Form G-28 in the same case. The original attorney or accredited representative will remain the attorney or accredited representative of record in this situation. Question 4 – Law Student: This item is normally skipped. Item 4 is only checked where a law student or law school graduate is working under the direct supervision of an attorney or accredited representative under 8 CFR 292.1(a)(2). See the form instructions for additional information about using the Form G-28 in this situation. Part 3 Notice of Appearance as Attorney or Accredited Representative Questions 1 – 3: This appearance related to immigration matters before (select only one): Question 1 – USCIS: Check box 1.a showing that you are filing the accompanying application with USCIS. Enter “I-864” or “I-864A”, as appropriate, in box 1.b. Question 2 – ICE: Skip this question since you are not filing the application with ICE. Question 3 CBP: Skip this question since you are not filing the application with CBP. Question 4 – Receipt Number (if any): You would only enter a receipt number here if you are filing the G-28 to enter yourself as the attorney of record for an existing pending or approved application or if you were filing the I-539 to amend an already approved petition. Otherwise, enter “N/A.” Question 5 – I enter my appearance as an Attorney or Accredited Representative at the request of the (select only on box): Check “Applicant.” Information About Client (Applicant, Petitioner, Requestor, Beneficiary or Derivative, Respondent, or Authorized Signatory for an Entity) Question 6 – Name: The full legal name of the sponsor (or joint sponsor or household member) is entered here. Enter the sponsor’s full legal name as shown on their birth certificate or legal change-of-name document. Question 7.a – Name of Entity (if applicable): “N/A” is entered here. The applicant is an individual. Question 7.b – Title of Authorized Signatory for Entity (if applicable): “N/A” is entered here. The applicant is an individual. Question 8 – Client’s USCIS Online Account (if any): If the client was issued a USCIS Online Account Number, enter it in the space provided. If the client has previously filed an application or petition using the USCIS online filing system (previously called USCIS Electronic Immigration System or USCIS ELIS), provide the USCIS Online Account Number they were issued by the system. If the client previously filed certain applications or petitions on a paper form through a USCIS Lockbox facility, they may have received a USCIS Online Account Access Notice issuing a USCIS Online Account Number. They may find the USCIS Online Account Number (if any) at the top of the notices for the previously filed petition or application. The USCIS Online Account Number is not the same as an A-Number. Question 9 – Client's Alien Registration Number (A-Number) (if any): Enter applicant’s Alien Registration Number (also known as an “A-Number” or “A#”) here, if the applicant has one. Most applicants do not have an A-Number. The A-Number is a unique seven-, eight- or nine-digit number assigned to a noncitizen by the DHS. applicant’s will usually be assigned an A-Number when an immigrant petition or application for adjustment of status is filed by, or on behalf of, the person, or if the person has previously been issued an immigrant visa. An A-Number is also assigned to a person if they have ever been placed in removal or deportation proceedings. While a person is not supposed to be assigned more than one A-Number, sometimes a person is mistakenly assigned more than one number. In such cases, all A-Numbers for the person should be listed with any additional A-Numbers listed on the addendum to the form. Some applicants may have a Work Authorization Document (EAD) that has listing for an A-Number that starts with a “1.” This number is not an A-Number. It is an EAD number and need not be listed here. If you do accidently list an EAD number here, it should not cause any problems. Questions 10, 11, and 12 – Client's Contact Information: Enter the contact information for the applicant. Enter their daytime telephone number, cell phone number (if any), and email address (if any). Question 13 – Mailing Address of Client: Provide the mailing address for the applicant. In certain situations, if it would be considered unsafe to provide the mailing address for the applicant, the attorney’s mailing address can be provided here. Part 4. Client's Consent to Representation and Signature Question 1.a, 1.b, and 1.c – Options Regarding Receipt of USCIS Notices and Documents Check boxes 1.a and 1.b if you would like to have original notices and secure identity documents be mailed to you (the attorney). Courtesy copies of notices will be sent to the client. If you are checking boxes 1.a and 1.b, you would not check box 1.c. This is the preferred option for most attorneys. Alternatively, check box 1.c only if the client wants the original documents, such as the Employment Authorization Document, to be mailed to them rather than having USCIS send these notices to you. If this is checked, then you will receive courtesy copies of the notices. Note: Even when the G-28 is completed to request that original documents be mailed to you, USCIS will often still mail these documents to the applicant, so you should make sure your client also is keeping an eye on their mailbox for these documents. Signature of Client or Authorized Signatory for an Entity The applicant must sign and date here. Part 5. Signature of Attorney or Accredited Representative You must sign and date here. Part 6. Additional Information This section is used if there is not enough space in any other parts of the form to provide all requested information. Note: Even if no information is provided in Part 6, this page should still be included with the Form G-28 when filed. Failure to provide all pages of the G-28, including Part 6, could result in USCIS failing to recognize you as the attorney of record. FORM I-864 AFFIDAVIT OF SUPPORT UNDER INA §213 AND THE FORM I-864A CONTRACT BETWEEN SPONSOR AND HOUSEHOLD MEMBER Part 1. Basis for Filing Affidavit of Support Question 1: Enter the full legal name of the Sponsor in the space provided, then check the appropriate box indicating the basis for filing the I-864. 1.a is checked in family cases by the petitioning relative. 1.b is checked if the sponsor is an employer who filed an I-140 on behalf of a spouse, parent, child, adult son or daughter, brother, or sister. Enter the relationship in the space provided. 1.c. is checked if the sponsor has an ownership interest of at least 5% in a business, corporation, or other entity filing Form I-140 for a husband, wife, father, mother, child, adult son or daughter, brother, or sister. Enter the name of the business that the sponsor has ownership interest in the space provided. Enter the relationship of the sponsor to the intending immigrant in the space provided. 1.d is checked if the sponsor is a sole joint sponsor, 1.e is checked if the sponsor is a joint sponsor and there is more than one joint sponsor. 1.f is checked if the original petitioner has died and the sponsor is substituting. In that case, the relationship between the sponsor and the beneficiary must be stated. Acceptable substitute relationships are spouse, parent, mother-in-law, father-in-law, sibling, child (at least 18 years of age), son or daughter, sister-in-law, brother-in-law, grandparent, grandchild, or legal guardian. Part 2. Information About the Principal Immigrant The principal immigrant is the beneficiary who is the subject of the petition (as opposed to the principal immigrant’s spouse and children). Question 1 – Full Legal Name: The full legal name of the principal immigrant is entered here. Enter the principal immigrant’s full legal name as shown on their birth certificate or legal change-of-name document. Question 2 – U.S. Mailing Address (Enter the same address on Form I-765): Provide a valid mailing address in the United States where the principal immigrant would like to receive written correspondence. The principal immigrant may list a valid U.S. residence, APO, or commercial address. The principal immigrant may also list a U.S. Post Office address (P.O. Box) if that is how the principal immigrant receives their mail. If their mail is sent to someone other than the principal immigrant, please include an “In Care of Name” as part of the mailing address. If the U.S. mailing address is in a U.S. territory and it contains an urbanization name, list the urbanization name in the “In Care of Name” space provided. Do not use your or other legal representative’s address. Questions 3 – 7 – Other Information. Question 3 – Country of Citizenship or Nationality – Enter the principal immigrant’s country of citizenship or nationality. Question 4 – Date of Birth – Enter the principal immigrant’s date of birth in the (mm/dd/yyyy) format. Question 5 – Alien Registration Number (A-Number) (if any): Enter the principal immigrant’s Alien Registration Number (also known as an “A-Number” or “A#”) here if the principal immigrant has one. Many principal immigrants do not have an A-Number. The A-Number is a unique seven–, eight- or nine-digit number assigned to a noncitizen by the DHS. principal immigrant’s will usually be assigned an A-Number when an immigrant petition or application for adjustment of status is filed by, or on behalf of, the person, or if the person has previously been issued an immigrant visa. An A-Number is also assigned to the person if they have ever been placed in removal or deportation proceedings. While a person is not supposed to be assigned more than one A-Number, sometimes a person is mistakenly assigned more than one number. In such cases, all A-Numbers for the person should be listed, with any additional A-Number being listed on the addendum to the form. Some applicants may have a Work Authorization Document (EAD) that has listing for an A-Number that starts with a “1.” This number is not an A-Number. It is an EAD number and need not be listed here. Question 6 – USCIS Online Account Number (if any) – If the sponsor was issued a USCIS Online Account Number, enter it in the space provided. If the client has previously filed an application or petition using the USCIS online filing system (previously called USCIS Electronic Immigration System or USCIS ELIS), provide the USCIS Online Account Number they were issued by the system. If the client previously filed certain applications or petitions on a paper form through a USCIS Lockbox facility, they may have received a USCIS Online Account Access Notice issuing a USCIS Online Account Number. They may find the USCIS Online Account Number (if any) at the top of the notices for the previously filed petition or application. The USCIS Online Account Number is not the same as an A-Number. Question 7 – Provide a daytime telephone number for the principal immigrant. Part 3. Information About the Immigrants Being Sponsored Questions 1 – 3. The questions ask the sponsor to indicate which intending immigrant(s) the sponsor is sponsoring. Question 1. Check “Yes” if sponsoring the principal immigrant named in Part 2. Check “No” if not sponsoring the principal immigrant and sponsoring only the intended immigrant(s) listed in Part 3., Items 4 through 28. These questions ask the sponsor to identify two situations where the sponsor is NOT sponsoring the principal immigrant. This would only apply where the sponsor is sponsoring derivative beneficiary family members as the second joint sponsor or if sponsoring derivative beneficiary family members who are immigrating more than six months after the principal immigrant. Question 2 - Family Members Immigrating Within Six Months. Check here if the immigrant being sponsored (the principal immigrant) may bring a derivative beneficiary spouse and/or children to the United States. If the spouse and/or children will travel with the principal immigrant, or within six months of the principal immigrant’s entry into the United States and the sponsor is sponsoring them. List the names and other requested information of the derivative beneficiary family members in the spaces provided in Questions 4 – 28. If any dependents are not immigrating, will immigrate more than six months after the principal immigrant arrives in the United States, or the sponsor is not sponsoring them, then do not list their names in Question 4 – 28. A separate Form I-864 is required for them when they apply for their immigrant visas. Question 3. Check here if sponsoring as a second joint sponsor or those who are immigrating six months or more after the principal immigrant (“following to join”). List the names and other requested information of the derivative beneficiary family members in the spaces provided in Questions 4 – 28. Questions 4 – 28. If either of the situations contemplated in Questions 2 or 3 applies, similar information to the information required of the principal immigrant in Part 2 should be entered here for each derivative beneficiary family member being sponsored on this Form I-864. If there are more than 5 derivative beneficiary family members being sponsored on this I-864, use the addendum in Part 11 to enter the requested information for each additional derivative beneficiary family members. Question 29. Enter the sum of the total number of immigrants you are sponsoring on this affidavit from Questions Numbers 1 - 28, including any derivative beneficiary family members listed for these questions in Part 11. This number will be again entered in Part 5, Question 1 later in the form. Part 4. Information About the Sponsor. This part is completed with information about the Sponsor. Questions 1 – 4. Like Parts 2 and 3, this section calls for the full legal name, mailing address, and physical address (if different than the mailing address) of the sponsor. Question 5. This question is important since the sponsor must be either domiciled currently in the United States or must show an intent to re-establish domicile before the immigrant that is the subject of the I-864 is granted permanent resident status. Note that if a foreign address is listed in Questions 2 – 4, this may draw additional questions from the adjudicating officer. If the mailing address and/or place of residence is not in the United States, but the sponsor’s country of domicile is the United States, you must attach a typed or printed explanation and documentary evidence indicating how the sponsor meets the domicile requirement. If the sponsor is not currently living in the United States, they may meet the domicile requirement by submitting evidence to establish that any of the following conditions apply: Sponsor is employed by a certain organization. Some individuals employed overseas are automatically considered as domiciled in the United States because of the nature of their employment. The qualifying types of employment include employment by: The U.S. Government; An American institution of research recognized by the Secretary of Homeland Security (you may find the list of qualifying institutions at 8 CFR §316.20); A U.S. firm or corporation engaged in whole or in part in the development of foreign trade and commerce with the United States, or a subsidiary of such a firm or corporation; A public international organization in which the United States participates by treaty or statute; A religious denomination having a bona fide organization in the United States, if the employment abroad involves the person’s performance of priestly or ministerial functions on behalf of the denomination; or A religious denomination or interdenominational missionary organization having a bona fide organization in the United States if the person is engaged solely as a missionary. The sponsor is living abroad temporarily. If the sponsor is not currently living in the United States, you must provide proof that their trip abroad is temporary and that they have maintained their domicile in the United States. Examples of proof include: Voting record in the United States; Records of paying U.S. state or local taxes; Having property in the United States; Maintaining bank or investment accounts in the United States; Having a permanent mailing address in the United States; or Other proof such as evidence that you are a student studying abroad or that a foreign government has authorized a temporary stay. The sponsor intends in good faith to reestablish your domicile in the United States no later than the date of the intending immigrant’s admission or adjustment of status. Question 6 – Date of Birth. Provide the sponsor’s date of birth in the mm/dd/yyyy format Question 7 – 9 - Location of Birth. Provide the sponsor’s city or town, state or province, and country of birth. Question 10 - U.S. Social Security Number (Required). INA §213A(i) requires you to include the sponsor’s U.S. Social Security Number on Form I-864. If the sponsor does not have a U.S. Social Security Number, they must obtain one before submitting Form I-864. If you do not provide the sponsor’s Social Security Number, USCIS will not accept the Form I-864. USCIS may use the U.S. Social Security Number to verify and, if necessary, to enforce the sponsor’s obligations under Form I-864. Question 11 – Citizenship or Residency. The I-864 can only be submitted by a sponsor who is a U.S. citizen, U.S. national, or lawful permanent resident. Check the appropriate box for Question 11.a, 11.b, or 11.c to indicate whether the sponsor is a U.S. citizen, a U.S. national, or a U.S. lawful permanent resident. You must provide proof that the sponsor is a U.S. citizen, U.S. national, or lawful permanent resident for joint and substitute sponsors and for relatives of employment-based immigrants who file Form I-864. Petitioning relatives who have already filed proof of their citizenship or immigration status with Form I-129F, Form I-130, Form I-600, or Form I-600A are not required to submit proof of their status with the I-864, but it is recommended to avoid any confusion by the adjudicator. Question 12 – Sponsor’s Alien Registration Number (if any). If applicable, provide the sponsor’s A-number. An Alien Registration Number (A-Number) is a number assigned by the former INS or USCIS. People with A-Numbers can locate the number on their INS or USCIS issued documentation. Question 13 – Sponsor’s USCIS Online Account Number (if any). If the sponsor has previously filed an application, petition, or request using the USCIS online filing system (previously called USCIS Electronic Immigration System (USCIS ELIS)), provide the USCIS Online Account Number they were issued by the system. They can find their USCIS Online Account Number by logging in to their account and going to the profile page. If they previously filed certain applications, petitions, or requests on a paper form via a USCIS Lockbox facility, they may have received a USCIS Online Account Access Notice issuing them a USCIS Online Account Number. If they received such a notice, their USCIS Online Account Number can be found at the top of the notice. If they were issued a USCIS Online Account Number, enter it in the space provided. The USCIS Online Account Number is not the same as an A-Number. Question 14 – Military Service. This question is answered only where the sponsor is the petitioner on the immigrant petition. Indicate whether the petitioner sponsor is currently on active duty in the U.S. armed forces or U.S. Coast Guard. Select “Yes” if the sponsor is the petitioning sponsor and on active duty in the U.S. Army, Marines, Navy, Air Force, or Coast Guard, other than for training. If you provide evidence that the sponsor is currently on active duty in the U.S. armed forces or U.S. Coast Guard and they are petitioning for their spouse and/or minor child, they will need to demonstrate income at only 100% of the poverty level for their household size, instead of at 125% of the poverty level. (See Form I-864P, Poverty Guidelines, for information on the poverty levels.) This provision does not apply to joint and substitute sponsors. Select “No” if the sponsor is not on active duty in the U.S. armed forces or U.S. Coast Guard. Part 5. Sponsor’s Household Size Part 5 calculates the number of persons for whom the sponsor is financially responsible. Some of these persons may not be residing with the sponsor. Make sure you do not count any individual more than once. In some cases, the same person could fit into two categories. For example, the sponsor’s spouse, whom you would enter in Item Number 3., might also be a lawful permanent resident whom the sponsor has already sponsored using Form I-864 (Item Number 6.). If you included the spouse in Item Number 3., do not include him or her again in Item Number 6. Question 1. Persons you are sponsoring in this affidavit. Enter the number of immigrants sponsored on this I-864 from Part 3, Question 29. Questions 2 – Yourself. This field is auto populated to “1.” Question 3 – If you are currently married, enter “1” for your spouse. Enter “1” if the sponsor is married. Enter “0” if the sponsor is not married. Also enter “0” if the sponsor’s spouse is one of the sponsored immigrants accounted for in Question 1. Question 4 – If you have dependent children enter the number here. Enter the number of unmarried children the sponsor has who are under 21 years of age, even if the sponsor does not have legal custody of these children. You may exclude any unmarried children under 21 years of age if these children have reached majority under the law of their place of domicile and the sponsor does not claim them as dependents on their federal income tax returns. Also exclude any children who are already counted among the sponsored immigrants accounted for in Question 1. If there are no individuals who qualify under this item, it is recommended to enter “0.” Question 5. If you have other dependents, enter the number here. Enter the number of any other dependents of the sponsor. You must include each and every person whom the sponsor claimed as a dependent on their most recent Federal income tax return, even if that person is not related to the sponsor. Even if the sponsor is not legally obligated to support that person, you must include the person if, in fact, the sponsor did support that person and claimed the person as a dependent. If there are no individuals who qualify under this item, it is recommended to enter “0.” Question 6. Any other persons previously sponsored who are now lawful permanent resident. Type or print the number of lawful permanent residents whom the sponsor is currently obligated to support based on their previous submission of Form I-864 as a petitioning, substitute, or joint sponsor, or Form I-864EZ, Affidavit of Support Under Section 213A of the INA, as a petitioning sponsor. Include only those persons who have already immigrated to the United States on the immigrant visa or who have been granted adjustment of status. Do not include anyone for whom the sponsor’s obligation to support has ended through the sponsored immigrant’s acquisition of U.S. citizenship, death, abandonment of lawful permanent residence in the United States, acquisition of 40 quarters of earned or credited work in the United States or obtaining a new grant of adjustment of status while in removal proceedings based on a new affidavit of support, if one is required. Also do not include anyone who is already accounted for in Questions 1 – 5. If there are no individuals who qualify under this item, it is recommended to enter “0.” Question 7. Household Members submitting Form I-864A. This question gives you the option of including certain other non-dependent relatives of the sponsor who are living in the sponsor’s residence as part of the sponsor’s household size. Such relatives may include the sponsor’s mother, father, sister, brother or adult children, if they are living in the sponsor’s residence. However, the only reason to include these relatives in the sponsor’s household size is if you need to include their income when you calculate the sponsor’s household income for purposes of meeting the income requirement for this affidavit. To be considered, any relative included in this category must sign and submit Form I-864A, Contract Between Sponsor and Household Member. Do not include anyone who is already accounted for in Questions 1 – 6. If there are no individuals who qualify under this item, it is recommended to enter “0”. Question 8. Household Size. Add together all numbers entered in Part 5., Questions 1 through 7. Enter this sum number in the space provided. If you are completing Form I-864 on a computer, this box may auto-populate. This is the sponsor’s Household Size that will be used to determine the sponsor’s required income level per the current Form I-864P Poverty Guidelines. Part 6. Sponsor’s Employment and Income Part 6 is used to determine the sponsor’s household income that is used to determine whether the sponsor meets their required income level. Questions 1 – 6 – I am currently: Provide information on the sponsor’s occupation, the name(s) of the sponsor’s current employer(s), any current self-employment, or whether the sponsor is retired or unemployed. Select all the boxes that apply to the sponsor. The sponsor may not rely on income (whether their income or a household member’s income) from illegal acts, such as proceeds from illegal gambling or drug sales, to meet the income requirement even if the household member paid taxes on that income. Questions 1 – 3 – Employment as an employee or contract worker.: Check the box for Question 1 if the sponsor is earning income from an employer. Enter the job title or occupation of the sponsor in the space provided. Enter the names of all current employers in the spaces in Question 2 and 3. Enter any additional employers in the addendum to the form. Question 4 – Self Employment.: Check the box for Question 4 is the sponsor has income from self-employment. Enter the occupation of the sponsor in the space provided. Question 5 – Retired.: Check the box for Question 5 if the sponsor is currently retired. Enter the date that the sponsor began their current period of retirement using the mm/dd/yyyy format. Question 6 – Unemployed.: Check the box for Question 6 if the sponsor is currently unemployed. Enter the date that the sponsor began their current period of unemployment using the mm/dd/yyyy format. Question 7 – My current individual annual income is.: Enter the sponsor’s current, individual, earned or retirement, annual income that you are using to meet the sponsor’s requirements of this affidavit and indicate the total in the space provided. You may include evidence supporting your claim about the sponsor’s expected income for the current year if you believe that submitting this evidence will help establish ability to maintain sufficient income. You are not required to submit this evidence, however, unless specifically instructed to do so by a U.S. government official. For example, you may include a recent letter from the sponsor’s employer, showing the employer’s address and telephone number, and indicating the sponsor’s annual salary. You may also provide pay stubs showing the sponsor’s income for the previous six months. If the sponsor’s claimed income includes alimony, child support, dividend or interest income, or income from any other source, you may also include evidence of that income. The amount listed here should include only the income of the individual sponsor and should not include the income of a spouse or any other household members. The amount listed here should match the annual income shown by any provided supporting evidence. Questions 8 – 22 – Current Annual Household Income. This section is used to determine the sponsor’s household income. If the sponsor’s individual annual income listed in Question 7 is greater than 125% (or 100% if the sponsor on active duty in the U.S. Armed Forces or U.S. Coast Guard and sponsoring their spouse or child) of the Federal Poverty Guidelines for the sponsor’s household size from Part 5, Question 8, you do not need to include any other household member’s income. See Form I-864P for information on the Federal Poverty Guidelines. If the sponsor’s individual annual income listed in Part 6 Question 7 meets the required income level, then: Skip Questions 8 through 19; Complete Question 20 by entering the sponsor’s individual annual income as listed in Question 7; and Skip Questions 21 and 22. If the sponsor’s individual annual income listed in Question 7 does not meet the required income level and you are using the income of any other household member(s) and/or the income of the intending immigrant to meet the required income level, then: Complete Questions 8 – 19 provide the name, relationship of the person to the sponsor, and current annual income of each household member who’s income is being used. If the income of more than 4 individuals is being used, enter the requested information for any additional individuals in the addendum to the form. A sponsor or joint sponsor who is submitting a separate Form I-864 on behalf of the intending immigrant should not be listed here. In Question 20 enter the sponsor’s Current Annual Household Income, which is the sum total of the sponsor’s individual annual income listed in Question 7 plus the annual current income for all individuals listed in Questions 8 – 19 and in the addendum. Check the box for Question 21 if the household members listed are submitting Form(s) I-864A Contract Between Sponsor and Household Member with this I-864. See below for further explanation. Check the box for Question 22 if the household members listed includes one or more intending immigrant(s), who have no accompanying dependents, who are not required to submit an I-864A. NOTE: If you have listed additional household members in Part 11. Additional Information, you must include their income and information when answering Item Numbers 20. – 22. when applicable. Who must file an I-864A: To determine the filing requirements for any relatives included in Part 6., Item Numbers 8. – 19., follow the instructions below. If you included the income of the any of the following individuals, each one of these individuals must be over 18 years of age and must complete Form I-864A.: Spouse listed in Part 5., Item Number 3.; Any child listed in Part 5., Item Number 4.; Any dependent listed in Part 5., Item Number 5.; and/or Any siblings, parents, or adult children listed in Part 5., Item Number 7. 2. If you included the income of the intending immigrant who is the sponsor’s spouse (he or she would be counted in Part 5., Item Number 1.), you must provide evidence that his or her income will continue from the current source after obtaining lawful permanent resident status. He or she does not need to complete Form I-864A unless he or she has accompanying children. 3. If you included the income of the intending immigrant who is not the sponsor’s spouse, (he or she would be counted on Part 5., Item Number 1.), evidence that his or her income will continue from a lawful source after obtaining lawful permanent resident status must be provided and the intending immigrant must provide evidence that he or she is living in the spouse’s residence. He or she does not need to complete Form I-864A, unless he or she has an accompanying spouse or children. Questions 23 – 25 - Federal Income Tax Return Information. These questions ask for information on prior Federal Income Tax Returns. In Question 23.a, the sponsor must disclose whether federal income tax returns have been filed for the past three years. You must provide a copy of either the sponsor’s Internal Revenue Service (IRS) Tax Return Transcript for the most recent tax year or a photocopy of the sponsor’s federal individual income tax return for the most recent tax year. State returns and foreign returns are not to be included. If you provide a photocopy of your federal individual income tax returns, you must include a copy of each and every Form W-2 and Form 1099 that relates to your returns. You are not required to include copies of the W-2 and/or Form 1099 forms if you provide an IRS tax return transcript unless the sponsor filed a joint income tax return with their spouse and are qualifying using only the sponsor’s income without the spouse’s income. If you selected Part 6., Question Number 2. That the sponsor is self-employed, you must include each and every Form 1040 Schedule, if any, that the sponsor filed with their federal income tax return, including: Schedule C (Profit or Loss from Business), Schedule D (Capital Gains), Schedule E (Supplemental Income or Loss), or Schedule F (Profit or Loss from Farming). Question 23.b is checked if you choose to submit a copy of the tax transcript or tax return for the sponsor’s most recent three years. This is optional, as you are only required to submit a copy of the most recent tax year’s transcript or return. You may choose to do so if you believe the additional returns may help the sponsor to establish their ability to maintain sufficient income. Questions 24.a, 24.b, and 24.c – My total income (adjusted gross income on Internal Revenue Service (IRS) Form 1040EZ) as reported on my federal income tax return for the most recent three years was: Complete Questions 24.a, 24.b, and 24.c with the 3 most recent Tax Years and the Total Income listed on the sponsor’s tax return for each respective year. If the sponsor filed using an IRS Form 1040, use the amount listed on the Total Income line. If the sponsor filed using an IRS Form 1040EZ, use the amount listed on the Adjusted Gross Income line. If you enter the amount from the wrong line of the IRS tax return, you may receive a Request for Evidence. You should enter the exact amount from the tax return, including dollars and cents. Do not round the amount up or down: this could result in an RFE. Do not leave the boxes for these items blank. If the amount for any year was zero, type or print “zero.” If the sponsor was not required to file a federal income tax return for any year, type or print “N/A” in the amount for that year. Part 7. Use of Assets to Supplement Income (Optional) If the income listed in Part 6 is not sufficient to meet the Federal Poverty Guidelines (see Form I-864P) for the sponsor’s household size, then the sponsor and any Household Members included in the calculations of Part 6 can complete Part 7 to use their assets to supplement the income and meet the Federal Poverty Guideline thresholds. For most situations, the total net value of assets, less liens and liabilities against them, must equal five times the difference between the sponsor's income and 125% of the poverty level for the household size. Sponsors of spouses and children of U.S. citizens must only prove assets valued at three times the difference between the poverty guidelines and actual household income. Sponsors of orphans who will acquire citizenship after admission to the United States must only prove assets equal to the difference between the poverty guidelines and actual household income. Sponsors can only include the value of assets, less liens and liabilities against them, that are convertible into cash within one year and without considerable hardship or financial loss to the sponsor and his or her family. Examples of assets easily convertible to cash are savings, stocks, bonds, and property. Sponsors may include the value of their home. They may not include the value of their automobile unless they can show they have more than one and the primary automobile is not included as an asset. Evidence of the value of any assets included in Part 7, as well as any liens and liabilities against those assets, must be provided with the I-864. Questions 1 – 4 call for entering the sponsor’s balances and total of savings and checking accounts, the cash value of real-estate holdings (current assessed value minus the mortgage debt) and the net value of stocks, bonds, certificates of deposit and other assets. Question 5 – If the sponsor is using the income from a household member, who completes a Form I-864A, to meet the assets requirement, in Item 5.a enter the name of the relative and in Item 5.b enter the household member’s assets from the I-864A, Part 4, Item 3.d. If there is more than one household member, enter this information for the additional household member(s) in the addendum to the form. Questions 6 – 9 allow for the inclusion of the assets of the intending immigrant regardless of where the intending immigrant resides. Add together Item Numbers 6. – 8.. and type or print the total number in Item Number 9. Form I-864A is not required to document the intending immigrant’s assets The total value of the included assets is listed in Question 10. Part 8. Sponsor’s Contract, Statement, Contact Information, Declaration, and Signature. This section provides information to the sponsor on the legal obligations that come along with submitting an I-864. It is critical that I-864 sponsors understand these provisions before signing the form. They must check a box indicating they understand English and understand the obligations or have an interpreter who has read every question and instruction to the sponsor. The sponsor then signs and dates in Question 6. Part 9. Interpreter’s Contact Information, Certification, and Signature. Part 9 must be completed for all applicants who use an interpreter to review the application for accuracy prior to signing. If an interpreter was used to read the application to the applicant to review for accuracy prior to the applicant signing, Part 9 must be completed with the information about the interpreter, and the interpreter must sign and date to certify that they are fluent in English and the language used by the applicant; that they have completely read the application to the applicant in that language; and that the applicant confirmed that they understood what was in the application; and that they verified the accuracy of the application. Part 9 is completed by entering the full legal name of the interpreter, the name of the interpreter’s business or organization (if any), the interpreter’s mailing address, daytime phone number, and email address. The language used by the interpreter to read the application to the applicant is entered in the appropriate box in the certification on page 8. This should be the same language listed in Part 8, Question 1.b. The interpreter must then sign and date the Interpreter’s Certification where indicated at Question 7 on Page 8 of the application. Part 10. Contact Information, Declaration, and Signature of the Person Preparing this Request, If Other Than the Sponsor Part 10 must be completed for all applicants. Part 10 is completed by entering in Questions 1–7: Your (the attorney’s) full name, firm name, work mailing address, daytime telephone number, cell phone (if any), and email address (if any). You must sign the Preparer’s Statement, declaring that you prepared the Form I-864 at the applicant’s behest and that it is based on all the information of which you have knowledge. You must sign and date the Preparer’s Declaration where indicated in Question 8. Part 11. Additional Information. This section is used if there is not enough space in any other parts of the form to provide all requested information. Note: Even if no information is provided in Part 11, this page should still be included with the application when submitted to USCIS. If additional space is required, make additional copies of this page to use to provide all requested information. If Part 8 is being used to provide additional information, enter the applicant’s name and Alien Registration Number (A-Number) (if any), where indicated on each page being used. Then for each additional item of information provided, indicate the Page Number, Part Number, and Item Number to which the answer refers. FORM I-864A CONTRACT BETWEEN SPONSOR AND HOUSEHOLD MEMBER When the I-864 sponsor needs to include income from additional family members, Form I-864A must be completed. Qualifying family members include the sponsor’s spouse, married child, unmarried child son or daughter (age 21 or older), sibling, or parent. A qualifying relative must be over 18 and immigration status is not requested. Part 1. Information About the Household Member Question 1 – Full Legal Name: The full legal name of the household member is entered here. Enter the household member’s full legal name as shown on their birth certificate or legal name-change document. As a general rule, the name on the birth certificate or legal name-change document should match the name on the person’s passport, unless the household member legally changed their name but has not updated their passport. It is recommended that the household member update the passport with the name change to avoid possible complications. If the applicant has two last names, include both (and use a hyphen (-) between the names, if appropriate). Question 2 – U.S. Mailing Address (enter the same address on Form I-765): The household member must provide a valid mailing address in the United States where they would like to receive written correspondence. The household member may list a valid U.S. residence, APO, or commercial address. The household member may also list a U.S. Post Office address (P.O. Box) if that is how the principal immigrant receives their mail. If their mail is sent to someone other than the principal immigrant, please include an “In Care of Name” as part of the mailing address. If the U.S. mailing address is in a U.S. territory and it contains an urbanization name, list the urbanization name in the “In Care of Name” space provided. Do not use the attorney’s or other legal representative’s address. Question 3 asks if there is a different physical address and, if so, Question 4 calls for physical address information to be provided. Questions 5 – 8 – Other Information. Question 5 – Date of Birth – Enter the household member’s date of birth in the (mm/dd/yyyy) format. Question 6 – Place of Birth – Enter the household member’s city, state, and country of birth. Question 7 – U.S. Social Security Number – Provide the household member’s SSN. Question 8 – USCIS Online Account Number (if any) – If the household member was issued a USCIS Online Account Number, enter it in the space provided. If the household member has previously filed an application or petition using the USCIS online filing system (previously called USCIS Electronic Immigration System or USCIS ELIS), provide the USCIS Online Account Number they were issued by the system. If the household member previously filed certain applications or petitions on a paper form through a USCIS Lockbox facility, they may have received a USCIS Online Account Access Notice issuing a USCIS Online Account Number. They may find the USCIS Online Account Number (if any) at the top of the notices for the previously filed petition or application. The USCIS Online Account Number is not the same as an A-Number. Part 2. The Household Member’s Relationship to the Sponsor Question 1 – The household member must check whether they are the intending immigrant and the sponsor’s spouse, whether they are the intending immigrant and a member of the sponsor’s household, or whether they are NOT the intending immigrant, but are related as qualifying relative noted above. Part 3. The Household Member’s Employment and Income Questions 1 – 7 require employment information regarding the household member. This includes information on the household member’s occupation, the name(s) of the household member’s employer or employers whether the household member is self-employed, retired, or unemployed and what the household member’s annual income is. All income must be from legal sources regardless of whether taxes on the income has been paid. Part 4. The Household Member’s Federal Income Tax Information and Assets Questions 1 – 2 call for information on the household member’s prior Federal Income Tax Returns. The household member must disclose whether income tax returns have been filed for the past three years and at least the most recent year’s federal tax return or tax transcript needs to be included with the I-864. State returns and foreign returns are not to be included. W-2s and 1099 forms associated with the tax return need to also be provided if a tax return is provided. If a tax transcript is provided, then it is not necessary to include the W-2s and 1099s. If Box 2 is checked in Part 6 indicating self-employment, any included with the tax return must be provided. Questions 2.a, 2.b, and 2.c – My total income (adjusted gross income on Internal Revenue Service (IRS) Form 1040EZ) as reported on my federal income tax return for the most recent three years was: Complete Questions 2.a, 2.b, and 2.c with the 3 most recent Tax Years and the Total Income listed on the sponsor’s tax return for each respective year. If the sponsor filed using an IRS Form 1040, use the amount listed on the Total Income line. If the sponsor filed using an IRS Form 1040EZ, use the amount listed on the Adjusted Gross Income line. If you enter the amount from the wrong line of the IRS tax return, you may receive a Request for Evidence. You should enter the exact amount from the tax return, including dollars and cents. Do not round the amount up or down: this could result in an RFE. Do not leave the boxes for these items blank. If the amount for any year was zero, type or print “zero.” If the sponsor was not required to file a federal income tax return for any year type or print “N/A” in the amount for that year. Questions 3.a to 3.d are completed if the sponsor is using the value of the assets of the household member to meet the requirements of the affidavit of support. If the sponsor is using only the household members income to meet the requirements, do not complete this item. If the I-864A is for the intending immigrant and they have no accompanying dependents, then do not list their assets on this contract. Instead, list the intending immigrant’s assets in Part 7., Item Numbers 6. – 10. of the Form I-864 and do not need to complete the Form I-864A. Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included. The owner of the asset must include a description of the asset, proof of ownership, and the basis for the owner’s claim of its net cash value. You may include the net value of a home home as an asset. The net value of the home is the appraised value of the home, minus the sum of any and all loans secured by a mortgage, trust deed, or other lien on the home. If you wish to include the net value of the home, you must include documentation demonstrating that the household member owns it, a recent appraisal by a licensed appraiser, and evidence of the amount of any and all loans secured by a mortgage, trust deed, or other lien on the home. You may not include the net value of an automobile unless you show that they have more than one automobile, and at least one automobile is not included as an asset. Evidence of the value of any assets included in this part must be provided with the I-864A. Part 5. Sponsor’s Promise, Statement, Contact Information, Declaration, Certification, and Signature and Part 6. The Household Member’s Promise, Statement, Contract Information, Declaration, Certification and Signature. Parts 5 and 6 require both the sponsor and household member to certify the truthfulness of the information included in the I-864A. Part 7. Interpreter’s Contact Information, Certification, and Signature. Part 7 must be completed for all applicants who use an interpreter to review the application for accuracy prior to signing. If an interpreter was used to read the application to the applicant to review for accuracy prior to the applicant signing the application, Part 7 must be completed with the information of the interpreter and the interpreter must sign and date certifying that they are fluent in English and the language used by the applicant; that they have completely read the application to the applicant in that language; and that the applicant confirmed they understood what was in the application and they verified the accuracy of the application. Part 7 is completed by entering the full legal name of the interpreter, the name of the interpreter’s business or organization (if any), the interpreter’s mailing address, daytime phone number, and email address. The language used by the interpreter to read the application to the applicant is entered in the appropriate box in the certification on page 6. This should be the same language listed in Part 5, Question 26.b or Part 6., Item 1.b. The interpreter must sign and date the Interpreter’s Certification where indicated at Question 7 on Page 8 of the application. Part 8. Contact Information, Declaration, and Signature of the Person Preparing this Contract, If Other than the Sponsor or Household Member: Part 8 must be completed for all applicants. Part 8 is completed by entering in Questions 1–7: Your (the attorney’s) full name, firm name, work mailing address, daytime telephone number, cell phone (if any), and email address (if any). You must sign the Preparer’s Statement, declaring that they prepared the Form I-864A at the applicant’s behest, and it is based on all the information of which the preparer has knowledge. The attorney must sign and date the Preparer’s Declaration where indicated as Question 8. Part 9. Additional Information. This section is used if there is not enough space in any other parts of the form to provide all requested information. Note: Even if no information is provided in Part 9, this page should still be included with the application when submitted to USCIS. If additional space is required, make additional copies of this page to use to provide all requested information. If Part 8 is being used to provide additional information, enter the applicant’s name and Alien Registration Number (A-Number) (if any), where indicated on each page being used. Then for each additional item of information provided, indicate the Page Number, Part Number, and Item Number to which the answer refers. Sample Immigrant Petition for Spouse of U.S. Citizen with Concurrent Application for INA §245(i) Adjustment of Status: Forms G-28, I-130, I-130A, I-485, I-485A, I-864, I-864A, I-131, and I-765