HRIFA Supplement to Form I-485 Instructions

Draft

Department of Homeland Security
U.S. Citizenship and Immigration Services

Not For Production

OMB No. 1615-0024; Expires 00/00/00

Instructions for I-485,
Supplement C, HRIFA

Instructions
EXCEPT AS NOTED BELOW, THE INSTRUCTIONS CONTAINED ON THE FORM I-485 PERTAIN TO
APPLICATIONS FOR ADJUSTMENT OF STATUS UNDER THE PROVISIONS OF SECTION 902 OF PUBLIC LAW
105-277, THE HAITIAN REFUGEE IMMIGRATION FAIRNESS ACT (HRIFA).

What Is the Purpose of This Form?
In addition to the other purposes of the form listed in the
instructions, Form I-485 may be used by a national of Haiti
who is seeking lawful permanent resident status pursuant to
HRIFA and Title 8 of the Code of Federal Regulations, section
245.15.

Who May File This Application?
You may file this application if you:

those grounds which do not apply to HRIFA applicants or
from which an individual waiver has been granted. The
following inadmissibility sections of the INA do not apply to
HRIFA adjustment applicants:
1. Section 212(a)(4) - an alien likely to become a public
charge;
2. Section 212(a)(5) - an alien without a labor certification or
proper qualifications for certain occupations;
3. Section 212(a)(6)(A) - an alien present without admission
or parole;

1. Are a national of Haiti;

4. Section 212(a)(7)(A) - an alien not in possession of a valid
immigrant visa; and

2. Qualify as a dependent applicant under HRIFA (see
below);

5. Section 212(a)(9)(B) - an alien unlawfully present in the
United States.

3. Are admissible to the United States;

In addition, you may be eligible for an individual waiver
pertaining to certain medical, criminal, documentary and other
grounds of inadmissibility.

4. Have been continuously present in the United States since
December 31, 1995, (except that a spouse or child of a
principal applicant need not meet this particular
requirement); and
5. Are physically present in the United States when the
application is filed.

What is a ''dependent applicant?"
You may qualify as a dependent applicant if you meet the
requirements under ''Who May File This Application?'' and
are the spouse, child, or unmarried son or daughter (over 21
years of age) of a principal applicant. Your relationship to the
principal applicant must have been created prior to the date on
which the principal applicant becomes or became a permanent
resident.

What is meant by "admissible to the United States?"
You are ineligible for adjustment of status under HRIFA if
you are inadmissible to the United States under any of the
grounds of inadmissibility contained in section 212(a) of the
Immigration and Nationality Act (INA), with the exception of

How does an unmarried son or daughter
establish continuity of physical presence
since December 31, 1995?
In determining whether you have maintained continuous
physical presence in the United States since December 31,
1995, the law allows absences from the United States totaling
180 days or less. You are required to submit a statement on a
separate piece of paper listing the dates of departure and return
of all absences from the United States since your last arrival
on or prior to December 31, 1995. If you have not been absent
from the United States, write "I have not been outside the U.S.
since my arrival on the date indicated in Part 1 of Form I-485."
You must also support your statement regarding continuity of
physical presence since December 31, 1995, by submitting
documentation from one or more governmental or nongovernmental authorities. This evidentiary requirement is in
addition to the list of departures and returns discussed above.
The document(s) must bear your name (or the name of a
family member with whom you can establish that you were
co-habiting), the date of issuance, and (if the document
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normally contains it) the signature, seal or other authenticating
instrument of the issuing authority. While you do not need to
submit documents covering each and every day or month since
December 31, 1995, there should be no large, unexplained
gaps in the documentation. Examples of such documents
might include (but are not limited to) rent receipts, school
records, utility bills, other dated receipts, personal checks,
employment records, and credit card statements.

General Instructions.
Step 1. Fill Out the Form I-485
1. Type or print legibly in black ink.
2. If extra space is needed to complete any item, attach a
continuation sheet, indicate the item number, and date and
sign each sheet.
3. Answer all questions fully and accurately. State that an
item is not applicable with "N/A." If the answer is none,
write "none."

Important Note

2. Unmarried son or daughter of an principal applicant. If
you are the unmarried son or daughter (over 21 years of
age) of a principal applicant, you must submit evidence of
your relationship to the principal applicant. You must also
submit evidence of your continuity of presence in the
United States since December 31, 1995, along with a
statement regarding all departures and arrivals from the
United States. You do not need to submit evidence of your
presence in the United States on December 31, 1995. You
must, however, be present in the U.S. at time of filing.

Other evidence.
If you are 14 years of age or older, you must submit a police
clearance from each municipality where you resided for six
months or longer since arriving in the United States. If your
local police authority refuses to provide such clearance, you
may submit written evidence to that effect and request that this
requirement be waived. You are not required to submit either
an employment letter or an affidavit of support.

What if the documentation is already contained in
my immigration file?

1. HRIFA Dependent - Spouse.

If you have received correspondence or had other interaction
with the Service, and know that your immigration file contains
copies of such correspondence or record of such interaction,
you may simply submit a statement listing the type and dates
of such evidence which is already contained in your
immigration file.

2. HRIFA Dependent - Child under 21 years old.

Translations. Any document containing foreign language

When completing the application for adjustment under HRIFA
you MUST indicate, in Part 2, of the Form I-485, the
classification you are seeking. Check Block H and write
whichever ONE of the following is appropriate:

3. HRIFA Dependent - Unmarried son or daughter.

Step 2. General requirements
Evidence of qualification as a dependent applicant.
The evidence needed to qualify as a dependent applicant
depends on which type of dependent applicant you claim to be.
1. Spouse or child of a principal applicant. If you are the
spouse or unmarried, minor (under 21 years of age) child of
a principal applicant, you must submit evidence of your
relationship to the principal applicant. You do not need to
submit any documentation establishing either presence in
the United States on December 31, 1995, or continuity of
presence since that date. (See Evidence below.) You must,
however, be present in the United States at time of filing.

submitted to the Service shall be accompanied by a full
English language translation which the translator has certified
as complete and accurate, and by the translator's certification
that he or she is competent to translate from the foreign
language into English.

Copies. Unless specifically required that an original
document be filed with an application or petition, an ordinary
legible photocopy may be submitted. Original documents
submitted when not required will remain a part of the record,
even if the submission was not required.
Affidavits. If a required document cannot be obtained, you

must submit either an original written statement from the
governmental agency that should have the record, verifying
that the record does not exist or a citation to the Department of
State Foreign Affairs Manual indicating that such records are

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generally not available. Only then may you submit written
affidavits sworn to or affirmed by two persons who were
living at the time and who have personal knowledge of your
marriage, divorce or other legal termination as evidence. Each
affidavit must contain the affiant's full name, address, date and
place of birth, and signature. The affidavit must also explain
the affiant's relationship to you, full information concerning
your marriage or divorce and complete details of how the
affiant acquired the information.

Where To File.
Only a dependent spouse and/or child of the principal granted
legal status under HRIFA are eligible to apply for benefits
under HRIFA. The filing period for principal HRIFA
applicants has closed. All applications for HRIFA dependents
must be filed at the Nebraska Service Center.
USCIS Nebraska Service Center
P.O. Box 87245
Lincoln, NE 68501-7245
However, if you are in exclusion, deportation, or removal
proceedings, you should submit the application to the
Immigration Court which has jurisdiction over your case.
However, if such proceedings have been administratively
closed, submit the application to the Nebraska Service Center.

What Is the Filing Fee?
See instructions for Form I-485, Application to Register
Permanent Residence or Adjust Status, for the required filing
fee.

Address Changes.
If you change your address and you have an application or
petition pending with USCIS, you may change your address
on-line at www.uscis.gov, click on "Change your address with
USCIS" and follow the prompts or by completing and mailing
Form AR-11, Alien's Change of Address Card, to:
U.S. Citizenship and Immigration Services
Change of Address
P.O. Box 7134
London, KY 40742-7134

For commercial overnight or fast freight services only, mail to:
U.S. Citizenship and Immigration Services
Change of Address
1084-I South Laurel Road
London, KY 40744

Processing Information.
Can an applicant receive employment authorization
while the adjustment application is pending?
You may request authorization to work in the United States
while your application for adjustment of status under HRIFA
is pending by filing Form I-765, Application for Employment
Authorization. You should follow all the directions on that
form pertaining to "Adjustment Applicant - (c)(9)," EXCEPT
that you must file the application for employment
authorization in one of the following manners.
1. If you are not in exclusion, deportation, or removal
proceedings and are filling concurrently with an I-485
adjustment application, mail your application to:
USCIS Nebraska Service Center
P.O. Box 87245
Lincoln, NE 68501-7245
If you are in exclusion, deportation, or removal
proceedings and are filling subsequent to the filing of your
I-485 adjustment application, mail your application to:
USCIS Nebraska Service Center
P.O. Box 87131
Lincoln, NE 68501-7131
2. If you are currently in exclusion, deportation, or removal
proceedings, file it with the USCIS office having
jurisdictiction over your place of residence in the United
States.
You may receive work authorization if your application has
been pending with USCIS for more than 180 days. However,
work authorization may be issued earlier if your application
for adjustment of status is supported by evidence that is
verified by USCIS from its records.

Requests for more information or interview. We may
request more information or evidence, or we may request that
you appear at a USCIS office for an interview. We may also
request that you submit the originals of any copy. We will
return these originals when they are no longer required.

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USCIS Forms and Information.
To order USCIS forms, call our toll-free number at
1-800-870-3676. You can also get USCIS forms and
information on immigration laws, regulations and procedures
by telephoning our National Customer Service Center at
1-800-375-5283 or visiting our internet website at www.uscis.
gov.
As an altenative to waiting in line for assistance at your local
USCIS office, you can now schedule an appointment through
our internet-based system, InfoPass. To access the system,
visit our website. Use the InfoPass appointment scheduler and
follow the screen prompts to set up your appointment.
InfoPass generates an electronic appointment notice that
appears on the screen.

Penalties.
If you knowingly and willfully falsify or conceal a material
fact or submit a false document with the Form I-485, we will
deny your application and may deny any other immigration
benefit.
In addition, you will face severe penalties provided by law and
may be subject to criminal prosecution.

Privacy Act Notice.
We ask for the information on this form, and associated
evidence, to determine if you have established eligibility for
the immigration benefit for which you are filing. Our legal
right to ask for this information can be found in the
Immigration and Nationality Act, as amended. We may
provide this information to other government agencies. Failure
to provide this information, and any requested evidence, may
delay a final decision or result in denial of your Form I-485.

Paperwork Reduction Act.
An agency may not conduct or sponsor an information
collection and a person is not required to respond to a
collection of information unless it displays a currently valid
OMB control number. The public reporting burden for this
collection of information is estimated at 30 minutes per
response, including the time for reviewing instructions,
completing and submitting the form. Send comments
regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing
this burden, to: U.S. Citizenship and Immigration Services,
Regulatory Management Division, 111 Massachusetts
Avenue, N.W., 3rd Floor, Suite 3008, Washington, DC 20529.
OMB No. 1615-0024. Do not mail your application to this
address.

Form I-485, Supplement C Instructions (Rev. 09/13/07) N Page 4