How to File for Adjustment of Status or Consular Processing

As we begin to receive our first I-526 approvals for the Madison Park Project, we want to provide our investors with a brief explanation of the next step towards becoming a permanent resident: I-485 Adjustment of Status or Consular Processing.

If You Are Within the United States: I-485 Adjustment of Status

After your I-526 approval, if you are lawfully residing in the United States, your attorney is able to file an application to adjust you from your lawful non-immigrant status to a lawful permanent resident status. This process is called adjustment of status and is filed through form I-485. Unlike the previously-filed petition, each family member or applicant must file this application to obtain permanent residence.

The application to adjust status inquires about your background and checks to see if you are inadmissible for permanent residence. Your attorney will present evidence and completed forms demonstrating that you are in lawful status. You will answer questions regarding any past criminal convictions, and you will be asked to perform a biometrics finger-printing to see if you have a criminal record in the United States. You will have a medical examination performed by a designated civil surgeon to determine if you have harmful mental diseases or contagious diseases. Finally, you will answer questions regarding any ties to criminal or terrorist or totalitarian organizations, intention to engage in criminal activities, or intention to practice polygamy.

For this reason, it is extremely important you complete the questionnaire provided by your attorney as completely as possible, to be honest with USCIS, and to ensure as few delays as possible. By this time, you should receive an invitation to create a Tracker case management account by your attorney, and receive an invitation to complete the questionnaire. Your attorney will use this data to complete forms for your review. Your attorney will also send questionnaires for all dependents. In order to submit the application, your attorney must also collect scanned civil documents from all applicants. These documents include the following:

  1. Passport biographic pages and visa pages;
  2. I-797 documents from USCIS evidencing change of status or granting of status, such as I-129 and I-539 approval notices if applicable;
  3. Complete copies of I-20s;
  4. Front and back copies of EAD cards if applicable;
  5. Birth Certificate;
  6. Marriage Certificate and Divorce Certificate if applicable;

Original sealed medical report from a civil surgeon. You will have to contact one directly using this link to find the nearest civil surgeon: https://my.uscis.gov/findadoctor

Legal and filing fees (your attorney will invoice for these payments) ; and

Total of 6 US passport photographs (2x for the adjustment of status, 2x for the EAD, and 2x for the advance parole, detailed further below)

Once the I-485 application to adjust status is filed, you cannot leave the United States unless you possess the advance parole travel document. If you do, your adjustment application will be cancelled and you will have to restart the filing. Once an application to adjust status is properly filed, you can remain in a period of authorized stay indefinitely until final adjudication. Please note that you may travel within the United States and to Hawaii and Alaska, as these are not foreign nations.

The I-131 is a travel document that allows you to leave and come back from the United States without abandoning the adjustment application. You should no longer apply for a non-immigrant visas or reuse the non-immigrant visa if you return to the United States; you should always present your passport and advance parole travel document. Please note that the EAD and Advance Parole travel document generally comes in a combination card. It will resemble the following:

Please note the top section that states EMPLOYMENT AUTHORIZATION CARD. Now note the bottom where it states SERVES AS I-512 ADVANCE PAROLE. We refer to this as the EAD combo card. Please note the timeline of expected events:

Within 4 weeks of filing: you and your attorney should receive copies of your I-485 receipt notice, I-131 receipt notice, and I-765 receipt notice.

Within 6 weeks of filing: you and our law firm will receive an Application Support Center biometrics request. This will request you bring a copy of the biometrics appointment notice and the passport to a local USCIS office for finger-printing. Although the process takes 10-15 minutes, there may be a wait. You should be prepared to wait at least 2 hours.

Within 4 months of filing: your attorney should receive the EAD/AP combo card. A few days before your attorney receives the card, they should receive approval notices for the card. Your attorney will notify you to provide a recent mailing address and phone number.

Within 1 year of filing for adjustment of status: you should expect to receive the actual conditional permanent resident card. You should expect to receive the conditional permanent resident card within 1 month of approval notification.

During this process, USCIS may request for additional evidence. If you ever changes her address, you must file a change of address online here: https://egov.uscis.gov/coa/displayCOAInitForm.do This should be done within 10 days of moving. Your attorney will receive copies of all RFEs and notices regardless if you report your move, and your attorney will receive all cards

If You Are Outside of the United States: Consular Processing

It will take approximately 30-90 days from the date of your I-526 approval for the National Visa Center (NVC) to issue the NVC Fee Bill.

NVC fees are $345.00 per applicant. Fees must be paid from a U.S. bank. When NVC fees are paid and cleared (usually 7-10 business days) NVC will open the DS-260. There are two options for filling out the DS-260.

Option 1: You can login to the DS-260 application and fill out each DS-260 for yourself and accompanying family members. When the DS-260 is filled out, your immigration attorney will review and approve for submission. When you approve, the DS-260 is submitted.

Option 2: You complete the DS-260 questionnaire for yourself and all accompanying family members. Your immigration attorney will request a completed questionnaire for each individual applicant, as there are separate DS-260 applications for each applicant. You will then send your immigration attorney all completed questionnaires and your attorney completes the DS-260 for questions and review. You can then approve and your attorney will submit the DS-260. Your immigration attorney will provide the DS-260 questionnaire.

While awaiting the NVC Fee Bill, you should prepare by collecting copies of the following documents: (Please note: if you have previously submitted copies of the below documents with the I-526 filing, and there have been no changes to the document, in most cases you do not have to send the duplicate copies of the same documents to your attorney, except in the case of the police certificate. Please see below for further instruction).

For You and Your Spouse

  1. Birth Certificate
  2. Marriage Certificate
  3. Divorce Decree (if applicable)
  4. Police Certificate (aka No Criminal Record)
  5. Military Record (if applicable)
  6. Passport Biographic page and visa page
  7. Consular Processing questionnaires for completion (each applicant must complete a questionnaire)
  8. Pay Legal and Filing Fees (your attorney will invoice for these payments)

For Each Accompanying Child

  1. Birth Certificate
  2. Police Certificate (aka No Criminal Record) only if the child is 16 years or older
  3. Military Record (if applicable)
  4. Passport Biographic page and visa page
  5. Consular Processing questionnaires for completion (each applicant must complete a questionnaire).

For information on how to obtain country specific documents, please use the link below:

https://travel.state.gov/conte nt/travel/en/us-visas/Visa- Reciprocity-and-Civil-Document s-by-Country.html

Disclaimer:

Behring Companies and Berkeley Regional Center Fund LLC post articles and information that we have researched, collected, requested or purchased from reliable sources, paid consultants or verified government bureau’s whereas we believe all shared information to be true and correct at the time of posting, however, we cannot guarantee accuracy or effectiveness in any absolute. Please utilize our website and knowledge base as an informational resource but always consult your own professional consultant or attorney to verify or advise you in any related matters. We are not legally responsible for any errors, omissions, changes or inaccuracies of information posted due to the fluid nature and ever-changing environment of US immigration and EB-5 investment.

Categories EB-5, EB-5 Resources, General Immigration, Uncategorized