Read to learn more about whether a J1 visa holder can work for a non-sponsor employer.
General Immigration Information
Last Updated: January 15, 2020.
As per the USCIS regulations, the J1-visa holder can work only for the sponsor employer. However, in some cases, if the individual meets the eligibility criteria for the category for which they are applying, then they are allowed to work for a non-sponsor employer.
Research scholars in the J-1 category can work for non-sponsor employers in a closely related research program. This can be done for a period of six months and requires a written approval from the original sponsor. When this is done, the J-1 holder can lecture and consult at institutions that are not listed in the IAP-66.
J-1 students, when they meet the following conditions, are eligible for employment:
College students or graduate students are eligible for a practical training program. This extends up to 18 months for master’s and bachelor’s students and 36 months for doctoral students. There is no need for approval from the DOS or the USCIS for a practical training program. Students who are applying for a practical training program must submit an approval letter from an exchange program officer, passport, completed IAP-66, and I-94 forms.
Contact our office today to speak with a lawyer to learn more about your options and to begin the visa application process.
Not sure how to file for and receive your replacement green card?
Green Card Renewals, Replacements and Removal of Conditions
Help! I lost my Green Card! As a permanent resident of the United States, your green card is an essential that you must carry with you everywhere. After all, this is evidence of your status as a permanent resident as well as proof that you’re living and working in the United States legally.
This means that when your Green Card is missing, stolen, or lost; the first step is usually panic. But you shouldn’t panic. Instead, you should follow the series of steps necessary to replace your card as quickly as possible.
Not sure how to file for and receive your replacement green card? Not a problem because below you will find everything you need to understand and follow the replacement process to get your green card back.
Before you begin the replacement process, it’s important to search everywhere imaginable for your green card. After all, the process is neither free nor quick. This means that if you could spend just an hour or two searching for it, you should.
If you can’t find it, it’s best to begin this process as quickly as possible. Doing so will ensure that you receive your new green card and are able to carry it once again for proof of your legal residency and work status.
Prior to actually beginning the replacement process, it’s important to report that you lost your green card. Doing so will ensure that no other individual will be able to use the card for illegal purposes and means you won’t be responsible for anyone who tries to.
You should visit your local police station, or call over the phone if you prefer, to file a police report with your local police department. Many police departments will require you to provide copies of the missing documents along with other supporting documents containing additional information of your green card.
Some choose to skip this step, but you shouldn’t. In fact, a police report is often required as you complete the process to replace your green card. As such, it’s vital to take just an hour to file your own police report.
As you prepare to apply for your new green card, it’s important to collect supporting documentation. This documentation will be necessary at different points of the application process, so gathering it early will only make it simpler as you move forward.
A few examples of documentation you should put together include:
By doing this early in the process, you won’t have to waste time later on compiling the documents you need. This can make the process much quicker (not to mention easier for you).
While it’s essential to notify your local police of your missing green card, it’s also important to notify the embassy, consulate, or USCIS office where you first applied for your green card and/or received your immigration visa.
Once you’ve contacted the office, you will need to provide specific information regarding where you applied or the approval of your Form I-90 application.
If you’re outside of the United States when you lose your green card, you should immediately contact the U.S. embassy, consulate, or USCIS office in your area. This will streamline the entire process and provide the same protective measures as notifying your local police if you’re in the U.S. when you lose your green card.
Once your police report is filed, you’ve prepared all necessary documents, and notified the embassy, consulate, or USCIS office you’re finally ready to take the most important step: Actually replacing your green card!
You will replace your green card with Form I-90, Application to Replace Permanent Resident Card. As a legal permanent resident, there are only two parts of the form you must fill out, each with multiple sections:
Information About You – The first few sections require personal information such as your alien registration number, name, address, gender, date and place of birth, and information about your mother and father.
Type of Application – You will select why you’re applying and indicate that your card is lost, stolen, or destroyed, issued but never received, or mutilated (i.e. partially destroyed).
For most applicants, the form costs $365 to file. This doesn’t include the necessary biometric service fee of $85 so you will pay $450 in total to replace your green card. The biometric service fee is required when you appear in person to provide your fingerprints, photograph, and/or signature to confirm your identity. During this interview, you may also be asked questions about your criminal records or other identification-related matters. The interview is scheduled once your application has been received at a designated USCIS Application Support Center (ASC) in your area.
Once you’ve submitted your application, the appropriate authorities will review your request. During this review process, you may be contacted to provide additional information – such as biometrics, an additional interview, or original documents of copies you’ve provided – for approval.
Once your application has been approved, you will receive your new green card in the mail. If for any reason your application is denied, you will receive the reason for denial in the mail.
Should your application be denied, you cannot take steps to appeal the decision. Your only option is to submit a motion to reopen the application to have your case reconsidered.
If you choose to submit a motion, you must do so and establish that the decision to deny your application was due to the incorrect application of law or immigration policy. Further, you must establish what new facts (i.e. information) you would provide if your case is reopened and what document-based evidence you can offer to support your motion.
Appeals and motions can be a confusing topic, especially because many individuals have never dealt with legal documents like these before. To learn more about both, visit the U.S. Citizenship and Immigration Services website for their “Questions and Answers” section on Appeals and Motions.
The team at SimpleCitizen strongly believes that the immigration process should be simple for all individuals. As such, we hope that you’ve found this article helpful regarding what to do should you lose your green card or if it is stolen.
If you have any questions, please reach out to a member of our team for the assistance you need. We look forward to supporting you with the information and other resources you require for all of your immigration needs!
Are you looking to learn more about your options or steps to take when you lose your green card? Check out the helpful links below to learn more:
U.S. Citizenship and Immigration Services: Questions and Answers on Appeals and Motions
Form I-90, Application to Replace Permanent Resident Card
[eligibility-quiz-renewal]
Here is some helpful insight into some of the basics of U.S. Immigration.
General Immigration Information
Many people think they can show up at a U.S. embassy or border post, describe why they’d make a good addition to U.S. society, and be welcomed in. Unfortunately, this is not how the U.S. immigration system works. Instead, people who want to come to the U.S., whether temporarily or permanently, must determine whether they fit into eligibility categories for either "permanent residence" (a green card) or for a temporary stay ("nonimmigrant visa").Then they must submit an application -- in fact, often a series of applications -- to one or more of the U.S. agencies responsible for carrying out the immigration laws. These include U.S. Citizenship and Immigration Services (USCIS), which has offices across the United States, and the U.S. Department of State (DOS), which manages consulates and embassies around the world.
If you want to be able to make your permanent home in the United States, you'll need what is called "permanent residence," or a "green card." Green card holders can live and work in the U.S. and travel in and out, with very few restrictions (though they can't vote, and can be deported if they abuse their status).Family members of U.S. citizens make up the largest number of green cards issued each year. Others are issued to investors and workers who have been petitioned by U.S. employers or have special skills. Still other categories have a humanitarian basis, such as refugee or political asylum status (which can lead to a green card), for people who are fleeing persecution.
People who want to come to the United States for a limited time need what is called a "nonimmigrant” visa. This lets them participate in specified activities (such as studying, visiting, or working) until their visa runs out. Students and businesspeople make up the largest groups of nonimmigrant visa holders. Nonimmigrant visas are also issued for tourists, exchange visitors, and workers with some kind of specialty that is lacking in the U.S. workforce. For more information, see
A visa is not necessary for short-term visitors from one of the Visa Waiver Program countries listed at http://travel.state.gov. You can come to the U.S. for up to 90 days for business or pleasure purposes if you're from one of these countries. You will, however, need to present a machine-readable passport. Also, beware: The ease of your entry is balanced by the ease with which you can be kicked out -- you automatically give up many rights and benefits when traveling without a visa.To enter on a visa waiver, simply present yourself, your passport, and your ticket home to the officers you'll meet upon arrival. If you come by land through Canada or Mexico, you'll also be asked for proof of sufficient funds to pay for your stay.
After figuring out what type of visa or green card you’re eligible for, you'll need to figure out how to get it. Most people (with the occasional exception of Mexicans and Canadians) must obtain a visa at a U.S. consulate before departing for the United States. If you’re already in the United States legally, you may be able to apply to “adjust" your status to permanent resident, or "change” your status to another type of visa.
Your possibilities for a visa or green card are set out under U.S. federal law. Being "federal," the law is the same across the United States, unlike state laws, which can vary by state. If you want to read the U.S. immigration laws -- which very few people actually want to do -- they’re found in Title 8 of the U.S. Code, or in the Immigration and Nationality Act (I.N.A.) In addition, information on how USCIS intends to carry out these laws is found at Title 8 of the Code of Federal Regulations (C.F.R.). The DOS regulations are at Title 22 of the C.F.R. The CFR can be searched at the Government Printing Office website.The trouble is that even lawyers have trouble researching the U.S. immigration laws -- they're considered to be the most convoluted and easily misunderstood portions of all U.S. law. But if you have a specific reference to a section that you'd like to read for yourself, by all means, look it up, then seek professional help if you need it.Your best bet for getting any professional help with your immigration situation is to hire an experienced immigration lawyer. Ask friends or local nonprofits for referrals or go to the website of the American Immigration Lawyers Association (AILA).Whatever you do, don't go straight to USCIS for advice. The people who staff their front desk are not all well trained, and if they give you wrong information, they take no responsibility, even if it causes your deportation or destroys your chances of immigrating. This happens!Many of these immigration laws are interpreted in U.S. Immigration Made Easy, by Attorney Ilona Bray (Nolo), including how to obtain many different visas, including the K-1 visa for fiancés, the B-1 and B-2 business and tourist visas, the H-1B, H-2B, and H-3 visas for temporary specialty or agricultural workers, the L-1 visa for intracompany transferees, the E-1 and E-2 visas for treaty traders and investors, the F-1 and M-1 visas for students, the J-1 visa for exchange visitors, or the O, P, or R visas for temporary workers, and how to get a green card through a family member, through the Diversity Visa Lottery, or as an asylee or refugee.
One of the worst things you can do to your chances of getting a visa or green card is to lie, either on paper or during an interview with a U.S. border or other immigration inspector. Lies can have both immediate consequences, such as not being able to enter the U.S., and long-term consequences, such as not being able to get a green card -- ever.Example One:Francois, a French citizen, applies at the U.S. embassy in Paris for a tourist visa. He fears he will not be allowed to enter the U.S. as a tourist if he reveals that he has a girlfriend in New York. He states in his application that he will be visiting various friends. When he arrives at JFK Airport in New York, an immigration inspector finds a letter in his luggage from his girlfriend, in which she says she is looking forward to his long visit. Francois is put on the next flight home, and not allowed to return for five years.Example Two:Assume that Francois's immigration inspector does not find the letter from his girlfriend and allows him to enter the country. After he arrives, Francois and his girlfriend decide to marry. He files an application for permanent residence with USCIS. It forwards his application to the U.S. consulate in Paris for review. This reveals that he lied about his plans. To obtain permanent residence, Francois will have to argue that USCIS should overlook his previous lie and allow him to stay. If he loses, he can be denied permanent residence and forced to leave the country.
No matter what eligibility category you fall into -- whether you’ve married a U.S. citizen, received a job offer, or been accepted to a school -- the U.S. has the right to say no. And not just because there’s something wrong with your application. The immigration law contains a list of things, like crimes and certain diseases, that makes someone "inadmissible.” For more information, see When the U.S. Can Keep You Out.
A green card comes with several distinct benefits and rights as you settle into the United States.
General Immigration Information
Last Updated: October 19, 2021.
A green card comes with several distinct benefits and rights as you settle into the United States as your long-term home. After all, your permanent legal resident status allows you to live and work in the US, not to mention enjoy full protection under the laws of the nation.
But while these benefits are clear, something that remains unclear to many is whether or not you can travel with a green card and if so, what kinds of green card rules and limitations apply to travel. And if you’ve been wondering the same thing, you’ve landed on the right article.
At SimpleCitizen, our mission is to simplify every aspect of the green card process, including how to use your green card once you have it. In this article, we’ll discuss traveling outside the US with a green card, the documentation you will need, and how traveling abroad will affect your chances at naturalization. Let’s get started!
Of course you can! However, traveling with a green card requires certain documents and steps you must take to ensure you can return once your travels are complete.
There are two primary documents you will need to travel abroad:
1. Your Green Card and;
2. A passport from your country of citizenship or your refugee travel document permitting travel to the foreign country. Sometimes, countries require visas and as such, you must have this in hand as well for entry/exit purposes.
When you’re ready to return to the United States, you only need to present your valid green card, Form I-551, at the port of entry. Sometimes, officials will request to see your passport or other identifying documentation to grant you reentry into the country.
3. With COVID-19 still in full swing certain countries may have travel restrictions and COVID-19 vaccination requirements or require a negative COVID-19 test result. Be sure that you check the travel rules as you plan your trips to ensure you don't run into any issues getting in or out of the country.
If you’re planning on traveling abroad for less than one year, there are no additional steps you must take in preparation for your trip. In fact, all you need are the documents mentioned above to ensure you can leave and return to the US.
If you’re planning on traveling for more than one year, there are additional steps you must take before leaving the country. This is because you must demonstrate that you aren’t abandoning your permanent resident status and are planning to return to reside in the United States once again.
Should your trip be more than one year, it’s beneficial to file Form I-131, Application for Travel Document, prior to leaving. This Form allows a permanent resident to apply for a Reentry Permit for admission to the United States after returning from abroad. Doing so eliminates the need for a returning resident visa from a U.S. embassy or consulate and clarifies your intention to return to America after your travels.
Obtaining a Reentry Permit costs $360 plus a biometrics service fee of $85 if you are between the ages of 14 and 79, making the total fee $445. Please note that the Reentry Permit doesn’t guarantee your admittance to the country. While it will help, officials will also consider factors such as:
Questions like these directly affect your chances of being allowed back into the country after a year abroad. Immigration officials are simply looking to see whether or not you still have the intention of living in the United States permanently.
If you’re planning on remaining outside of the United States for more than two years, a Reentry Permit granted before your departure will no longer be valid when you return (these Permits are only valid for two years). As such, you should apply for a Returning Resident Visa, SB-1, at a U.S. Embassy or Consulate.
You should apply for this Visa at least three months in advance of your travel (or as soon as possible) to ensure it can be processed in time. To apply for the Visa, you will need:
Obtaining this Visa will ensure that you can return to the United States after an extended stay abroad. While it is optional, you should consider it a necessity if you’re going to travel for more than two years.
Please note that there are exceptions for Visas and other documentation needs if you’re moving abroad with a spouse for a government job or military involvement.
If you’re going to be outside of the United States for more than six months, you may affect requirements necessary for naturalization. In fact, there are green card rules for travel abroad. For example, you may not be allowed to travel abroad if you haven’t been physically present in the country for at least 30 months out of the previous five years. This is an example of continuous residency requirements.
Should you not meet requirements like this, you may still be eligible for naturalization. You will need to take additional steps to prove that abandonment wasn’t an abandonment of your resident status to ensure you can remain on the path to citizenship.
If your trip must be more than six months, you may choose to file Form N-470, Application to Preserve Residence for Naturalization Purposes. This is only available to legal permanent residents looking to leave the United States for employment purposes. The Form costs $330 to file. If you’re unable to pay this fee, you may submit Form I-912 with your application for a fee waiver request.
The team at SimpleCitizen believes that your experience living in the United States shouldn’t be complicated. Likewise, you should be able to travel abroad while retaining your legal permanent status. For that reason, we hope you find this article helpful with the information you need to travel with peace of mind.
If you’re looking to learn more about international travel with a green card, check out the links below!
USCIS: International Travel as a Permanent Resident
USCIS: Maintaining Permanent Residency
Form I-131, Application for Travel Document
Form N-470, Application to Preserve Residence for Naturalization Purposes
Here you can learn more about obtaining the J-1 Visa and other relevant visas.
General Immigration Information
Last Updated: October 19, 2021.
The Exchange Visitor (J) non-immigrant visa category is for individuals approved to participate in work-and study-based exchange visitor programs. Participants are integral to the success of the program. Here you can learn more about obtaining the J-1 Visa and other relevant visas.
To obtain a green card, the immigrant must first file a petition I-140 with the USCIS. After this, it is essential to apply for an Adjustment of Status (AOS) or for an immigrant visa. If the immigrant resides in the U.S., they should use an AOS application. If the immigrant lives in a foreign country, they need to apply for an immigrant visa.In-order to apply for immigrant status, you can consider any one of the following options:
Petitions for green cards can be filed at any time, even if the individual is subject to the requirement to reside outside of the U.S. for a period of two years. The individual must satisfy the two-year foreign residency requirement after the petition has been approved. A waiver can be obtained for the foreign residency requirement, in which case the individual need not move to the home country.[eligibility-quiz-green-card]
Immigrant entrepreneurs comprise a large portion of start-ups in the United States
Immigrants have become a significant driving force in the creation of new businesses and intellectual property in the U.S.
Each year, start-ups add an average 3 million new jobs to the American economy. Firms of all other ages lose an average 1 million net jobs per year.
Immigrant entrepreneurs comprise a large portion of start-ups. In fact, according to a recent study, more than half of the Silicon Valley start-ups had at least one foreign-born founder, and across the country the figure was just over one-quarter. These were astonishing findings given that just 13 percent of the U.S. population is foreign-born.
According to the National Venture Capital Association, over the last 20 years, immigrants have founded, or helped to found, 25% public U.S. companies that were backed by venture capital investors. This list includes Google, eBay, Yahoo, and Sun Microsystems.
Another recent study found that 40% of Fortune 500 firms were founded by immigrants or their children. The study also found that seven of the ten most valuable brands in the world were founded by such individuals.
Immigrants are vital for U.S. economy for many reasons.
First, immigrants establish businesses that provide goods and services and create jobs for Americans. The Fiscal Policy Institute found that small businesses owned by immigrants directly employed an estimated 4.7 million people in the United States.
Second, immigrants generate substantial revenues for the U.S. According to the latest estimates, these small businesses created by immigrants generated more than $776 billion in revenue annually.
Third, immigrants are generators of new ideas and technology that increases the U.S. competitiveness internationally. The Partnership for a New American Economy found that foreign-born inventors were credited with contributing to more than 75% of patents issued to the top ten patent-producing universities. Many of our most productive scientists and engineers are foreign-born, keeping the United States at the forefront of global innovation.
In summary, it is clear that immigrants contribute greatly to the U.S. economy, creating jobs and facilitating productivity and innovation. The potential for growth of the U.S. economy with the help of immigrants is enormous.
For the first time in decades, the number of high-tech, immigrant-founded startups — a critical source of fuel for the U.S. economy — has stagnated and is on the verge of decline. The reason for it is the current trends in the immigration law and policies.
The current state of immigration law for foreign-born entrepreneurs is restricted by per-country backlogs, especially for Indian-and Chinese-born immigrants, visa restrictions and inability to obtain employment for spouses.
Removing the roadblocks that inhibit business startups and encouraging entrepreneurs to start businesses of their own is necessary to revive the U.S. economy.
Changes in policies and new visa options will greatly benefit the U.S. to attract highly-skilled talent and entrepreneurs who will facilitate innovation and create jobs for Americans.
In the last two years, Congress has had a number of immigration proposals concerning immigration for high-skilled workers and start-ups. However, till date the immigration reform that would loosen visa restrictions, create a special visa for start-ups or allow for additional visa numbers, and streamlined processing of employment-based green cards, has not passed.
In absence of a special start-up visa, entrepreneurs are forced to rely on the current visa options available. We will update our readers once there are any advancements with the immigration reform.
Below are the most popular U.S. visa options that are currently available for foreign entrepreneurs:
Understanding who can file Form I-130 and who they can file it for.
General Immigration Information
There is a difference between U.S. Citizens and lawful permanent residents (meaning residents with green cards) when it comes to who you may file Form I-130 for. If you are a United States citizen you may file Form I-130 for numerous relatives, including
However, if you’re a lawful permanent resident you may only file the Form for:
If you want to file for more than one relative, you must complete a separate Form I-130 for each individual. There is no limit to the number of forms you can submit as long as each relative fits into the categories listed under “citizen” or “lawful permanent resident” above.
Learn more about how to File Form I-485.
Form I-485
Last Updated: January 15, 2020.
The Form I-485, Application to Register Permanent Residence is the form used to apply for Lawful Permanent Residence (also known as holding a green card).
"Adjustment of status" (AOS) is the process by which an immigrant applies to adjust his or her status from "nonimmigrant" to "immigrant".
Once your application is approved by USCIS, you can live and work in the United States indefinitely, and possibly apply to become a naturalized citizen later.
Applying to become a lawful permanent resident in the United States means submitting the Form I-485 with it's required supporting documents (Form I-130, Form I-693, Form I-864, etc.) to USCIS. If your petitioner is an immediate family member, you can submit all the paperwork and forms together at one time.
Need help applying? Learn how to prepare your application with SimpleCitizen here.
Once your application is approved, you will receive your green card in the mail approximately 8 to 14 months after you initially filed. To see a complete processing times timeline, click here.
If you are uncertain whether or not you are eligible to apply for a green card, feel free to use SimpleCitizen's eligibility quiz here.
Here's how it works:
If you choose to do it on your own, here is a step-by-step guide to accurately filling out the Form I-485, Application to Register Permanent Residence.
You can download the official USCIS form here.
Page 1
1.a. - 1.c. - This section is just asking for your legal name. Make sure to include your current full legal name. If you have two last names, you should include both.
2.a. - 4.c. - This section is asking for other names you have used in your life. This could include your maiden name, name with previous spouses, family name at birth, any nicknames, aliases, or assumed names.
5. This is your date of birth in MM/DD/YYYY format.
6. Here you will choose your sex.
7. This is your city or town of birth. No need to include an address.
8. This is your country of birth.
9. This is your country of citizenship or nationality.
10. This is your Alien Registration number, if you have one. I can find this number on your work authorization (EAD) card.
11. This is your USCIS online registration number. You will only have this if you have created an account on USCIS.gov.
12. This is your US social security number if you have one.
13.a. - 13.f. - This is your current U.S. mailing address. If someone else is receiving your mail for you, their name will be included in 13.a.
14.a. - 14.f. - This section is for a safe address for immigrants applying under Violence Against Women Act (VAWA), special immigrant juvenile, human trafficking victim (T nonimmigrant), or victim of a qualifying crime (U nonimmigrant). You should fill out this section if you don’t want the USCIS to send notices to your home.
15 - 19 - You will answer these questions if you came into the U.S. with a passport or travel document.
15. This is your passport number.
16. If you came in with a travel permit, you should include its number here.
17. This is the expiration date of your passport or travel document.
18. This will be the country that issued your passport or travel document.
19. If you have a nonimmigrant visa number from this passport, you will enter it here.
20.a. - 20.b. This is the city or town where you last entered the U.S. If you flew into the country, it will be the city with the airport where you went through U.S. Customs and Border Protection. For example, if you had a layover in the U.S. before reaching your final destination, you would have gone through Customs and Border Protection before your final destination. If you came into the country by land or sea, you will put the city with the border crossing or the city with the nearest border crossing where you arrived. Find your most recent I-94 here.
21. This is the date you last arrived in the U.S.
22.a - 22.d. Here you will check if you were inspected by an immigration officer. Being inspected by a U.S. Immigration Officer means that an immigration officer stamped your passport the last time you arrived in the U.S. If you were inspected by an officer, you will also put your admitted status such as F-1 (student) or B-2 (visitor for pleasure). If you don’t know the code for your visa designation, you can describe your status with a term like “student” or “visitor” or “asylee.” You can also find the code on the U.S. visa in your passport. If your status is humanitarian parole or Cuban parole, you will check 22.b. If you came into the U.S. without permission, you will check 22.c. If it were any other circumstance, you will check 22.d. and explain the circumstance. If you are unsure how to answer this question, try filling out your I-485 online with SimpleCitizen.
If you don’t remember any of this information, you can find most of it on your most recent Form I-94 on the Department of Homeland Security’s (DHS) website. Unless you came before April 30, 2013, then you will find form I-94 in your passport.
23.a. Here you will put your I-94 arrival-Departure record number. You can access your I-94 with the link above.
23.b. Here you will put the admit until date found on your I-94. This is almost always different from the U.S. visa found in your passport, so make sure to put the I-94 date. Under some status, mostly students and exchange program visitors, you will not have no exact expiration date. Instead, your I-94 will say “D/S” this stands for duration of status. If your I-94 says “D/S”, you will include that instead of a specific expiration date.
23.c. Here you will put the status indicated on your I-94. This could be your class of admissions or paroled if you are paroled.
If you currently do not have legal status, you should indicate that. If you have overstayed your I-94 expiration date, you should put “overstay”. If you entered without permission, you should put “EWI” (entry without inspection). If this is your situation, you may not be eligible to adjust status if you are the immediate relative of a U.S. citizen. Regardless, you may want to seek legal counsel if this is your situation.
24. If your immigrant status has changed since your arrival, this is where you will include your current immigration status.
25.a. - 25.c. Here you will put your name EXACTLY as it appears on your I-94.
Page 3
Part 2 asks details about your eligibility for adjusting status. If you have an approved immigrant petition, you should included the Form I-797 receipt or approval notice with form I-485.
1.a. - 1.g. Here is a list of different categories of eligibility. Select the one that applies to you.
2. This most likely does not apply to you. the Immigration and Nationality Act (INA) section 245(i); is an old law that applies to only a select group of people who came into the U.S. without permission. To find out if this applies to you, visit USCIS.gov.
Information About Your Immigrant Category
3. If you have an approved petition, you should include its receipt number here. A petition could be an Form I-130, Form I-140, Form I-360, Form I-526, or I-918. The receipt number will be included on the Form I-797 approval notice the USCIS mailed.
If you are filing concurrently (i.e. filling out the petition at the same time as the I-485), question 3 and 4 do not apply to you. Leave it blank.
4. If you have an approved petition, you should include its priority date here.
5 - 9. This section only applies to a derivative applicant. A derivative applicant is an immigrant who didn't need a separate petition rather depends on the petition of a principal applicant. This would most likely be a parent or spouse. In this sections, you will include the information for the principal applicant.
Page 4
1 - 4. If you have ever applied for an immigrant visa (green card) at a U.S. Embassy or Consulate, you will fill out this section. In question three you will put either approved, denied, refused, or withdrawn. Don’t worry about explaining why the decision was made. That is not necessary.
5 - 7. Here you will provide your physical address history for the past five years. Provide your current address first. If you have had more than two addresses, you can include additional information in Part 14. Additional Information. This information is provided so the USCIS can perform a background check, so make sure it is as accurate as possible.
9.a. - 10.b. Here you should provide your most recent address outside the U.S. where you live for more than one year. However, if you have already provided it above, you do not need to include it here.
11 - 18.b. - This is also for a USCIS background check. You should provide your 5-year employment history. Again make sure it is as accurate as possible. If you have additional info, you can provide it in part 14. Additional Information. If you have not been working, enter “None” or “N/A”.
19 - 22.b. Here you should provide your most recent employment (even if you were there less than one year) outside the U.S. if you have not provided it in 11-18.
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1.a. - 16. Part four asks background information about your parents. If they have passed away, you should answer DECEASED on question 7,8,15, and 16.
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1 - 16.c. Part 5 gathers information about your marital history. This section is particularly important for applicants who are immigrating through marriage. The USCIS wants to verify that you are really eligible.
You will provide information about previous marriages. If you run out of space, again, use Part 14. Additional Information.
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1 - 16. Part 6 is where you provide information about your children. First, you will indicate your total number of living children. You will then provide basic information about them. You should include both adult children and stepchildren here. Failure to do so could create doubt of your relationship if they want to immigrate to the U.S. in the future. If you need more space, go to Part 14. Additional Information.
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1. In this section, you will add some biographical information. This is so the USCIS can confirm your identity. First you will put if you are hispanic or not. Hispanic or latino is a person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin.
2. In this question, you will put your race. This can be confusing because there are only a few categories. Here is a guide for the USCIS:
3 - 6. For the remaining questions, you will put your height, weight, eye color, and hair color.
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This section is long. Don’t stress though. The purpose of this section is to make sure you have not done anything to make you inadmissible to the U.S. Being inadmissible means you would not be eligible for entrance to the U.S. at all due to crimes, immigration violations, or other reasons. If you have been involved in any organization that promotes violence, you should seek the advice of an attorney.
1 - 13.b. In this section, you will include any organization, association, fund, foundation, party, club society, etc in which you have been involved. This is mostly to determine if you have been involved in a violent organization, but including volunteer or religious organizations can help show the USCIS officer that you are a moral person.
14 - 80.b. Most of these answers should be “no”. However, you have some “yes”. If you have overstayed a visa, you should answer “yes” on question 17. You can then explain the circumstances in Part 14. Additional Information. On question 24.a. -24.c. you may also answer yes and explain the circumstances around your J-1 visa two-year requirement.
You should also disclose all arrest. Even if it was a mistake or for a minor crime, you should include them. You do not have to include diving tickets unless drugs or alcohol was involved or if you were fined over 500 dollars. If you have any arrests, you should attach documentation with your Form I-485.
If you have received public assistance, you could be found inadmissible. If this is your situation, you should consult with an attorney before mailing in your Form I-485.
Remember: Never lie on any immigration form. If the USCIS discovers that you have lied on a form, you can be found inadmissible.
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Part nine asks if you have any disabilities or impairments that need accommodations for your interview. This could be a sign language interpreter. You should explain your need in this section.
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Congratulations, you are about done! Here is where you sign Form I-485. You will also check that you can read and understand English so that they know you understand what you are signing. You will also include your contact information.
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If you don’t speak English and have relied on an interpreter to fill out Form I-485, this is where he/she will sign. You don not need to know English to get a green card, but you will need an interpreter at your USCIS interview.
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This is where an attorney would include their credentials. You probably will leave this blank considering you’ve been using this step-by-step guide.
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This is the section where you will sign at the USCIS interview! Until your interview, leave it blank. Congratulations, you’ve finished!
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