Application for Status as a Temporary Resident Under Section 245A of the Immigration and Nationality Act

Application for Status as a Temporary Resident Under Section 245A of the Immigration and Nationality Act

I-687 Instructions 5-27-08

Application for Status as a Temporary Resident Under Section 245A of the Immigration and Nationality Act

OMB: 1615-0090

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OMB No. 1615-0090; Expires 06/30/2010
Department of Homeland Security

U.S. Citizenship and Immigration Services

Instructions for I-687, Application for Status as a
Temporary Resident Under Section 245A of the INA
Instructions

Please read these instructions carefully to properly complete this form. If you need more space to complete an answer, use a
separate sheet(s) of paper. Write your name and Alien Registration Number (A #), if any, at the top of each sheet of paper
and indicate the section and number of the item to which the answer refers.

What Is the Purpose of This Form?
The original version of Form I-687 was designed for use
during the Immigration and Nationality Act (INA) section
245A legalization program of the 1986 Immigration Reform
and Control Act which ended in 1988. The form will now be
used to apply to U.S. Citizenship and Immigration Services
(USCIS) for benefits pursuant to the terms and conditions of
certain settlement agreements.

Preparation of Application
A separate application for each applicant must be typed or
printed legibly in black ink. The application must be
completed in full. If extra space is needed to answer any
item, attach a continuation sheet(s) and indicate the item
number.

Where to File?

January 1, 1982, the alien must establish that the alien's
period of authorized stay as a nonimmigrant expired
before such date through the passage of time or the
alien's unlawful status was known to the Government
as of such date) and
2. He or she can establish that he or she has been

continuously physically present in the United States
since November 6, 1986, and through the date the
application is considered filed pursuant to the
settlement agreements.

Admissible as an Immigrant.
The alien must establish that he or she:
1. Is admissible to the United States as an immigrant,
except as otherwise provided under INA section 245A
(d)(2).
2. Has not been convicted of any felony or of three or
more misdemeanors committed in the United States;

For U.S. Postal Service (USPS) deliveries, use the following
P.O. Box number:
USCIS
Box 805887
Chicago, IL 60680-4120
For courier/express deliveries, use the following address:
USCIS
Attn: FBAS
131 South Dearborn - 3rd Floor
Chicago, IL 60603-5517
If you do not sign your application or if you fail to submit
the appropriate fee according to the instructions below, we
will return your form. If your application is returned, no
further action will be taken. You would then need to
resubmit your application properly to renew processing.

Eligibility
An alien may be eligible for Temporary Resident status if:
1. He or she can establish that he or she entered the
United States before January 1, 1982, and that he or she
has resided continuously in the United States in an
unlawful status since such date and through the date the
application is considered filed pursuant to the
settlement agreements (in the case of an alien who
entered the United States as a nonimmigrant before

3. Has not assisted in the persecution of any person or
persons on account of race, religion, nationality,
membership in a particular social group, or political
opinion; and
4. Is registered or registering under the Military Selective
Service Act, if the alien is required to be so registered
under the Act.

Documents to Establish Identity
You must submit proof of identity with your application.
The following are examples of the types of documents that
may serve to establish your identity:
1. Birth certificate, baptismal certificate, or other evidence
of birth;
2. National identification card from your country of
origin;
3. Passport;
4. Driver's license;
5. Identification card issued by a school or your State of
residence.
6. Military identification.
Form I-687 Instructions (05/27/08)Y

Admissibility

5. Utility bill receipts;

An applicant for temporary resident status pursuant to
section 245A of the Immigration and Nationality Act
(INA) must establish that he or she is admissible under
section 212(a) of the INA. In determining the
admissibility of an applicant, the provisions of sections
212(a)(6)(A) and 212(a)(7) of the INA shall not apply to
applicants for adjustment of status as a lawful temporary or
permanent resident under section 245A of the INA.

6. Installment loan records;

The following grounds of inadmissibility may not be
waived by the Secretary of Homeland Security:
1. Section 212(a)(2)(A)(i)(I) (crimes involving moral
turpitude);
2. Section 212(a)(2)(A)(i)(II) (crimes involving controlled
substances, except for the portion of the paragraph that
relates to a single offense of simple possession of 30 grams
or less of marijuana);
3. Section 2312(a)(2)(B) (multiple criminal convictions);
4. Section 212(a)(2)(C) (controlled substance traffickers);

7. Church records, medical records;
8. Affidavits or declarations from third parties.
If you submit letters from landlords, the correspondence must
include the landlord's present address and the beginning and
ending dates of your residence. Letters from employers,
organizations, or churches should be on official stationery and
include relevant dates, the organization seal (if any), and the
signer's name and title.
To evaluate the sufficiency of the applicant's proof of
residence, USCIS will take into account the passage of time
and attendant difficulties in obtaining corroborative
documentation of unlawful residence.

Additional Sheets
If you do not have enough space to answer any particular
question on this form, attach additional sheets and on each
sheet indicate your name, date of birth, A-number (if
available), and Social Security Number (if available) and
indicate the number of the question to which you are replying.

5. Section 212(a)(3) (security and related grounds); and
6. Section 212(a)(4) (public charge). Except this
prohibition does not apply to an alien who is or was an
aged, blind, or disabled individual (as defined in section
1614(a)(1) of the Social Security Act. An alien is not
ineligible for adjustment of status due to being
inadmissible under section 212(a)(4) if the alien
demonstrates a history of employment in the United States
evidencing self-support without receipt of public cash
assistance. Special adjudication standards regarding public
charge contained in any settlement agreements apply.
All other grounds of inadmissibility may be waived by the
Secretary of Homeland Security. In order to seek such a
waiver, you must submit a Form I-690, Application for
Waiver of Grounds of Excludability.

Documents to Establish Residence
Documents that may be submitted to prove continuity of
residence include but are not limited to:
1. Leases, rent receipts, or deeds or other evidence of a
mortgage;
2. Birth certificates of children born in the United States;
3. Employment, union, or other business records;
4. Driver's license receipts or evidence of vehicle
registrations;

Copies
If these instructions tell you to submit a copy of a particular
document, you should send a copy. If there are stamps,
remarks, notations, etc., on the back of the original document(s),
please also provide a copy of the back of the document(s).
If you choose to send an original document, you should also
send a copy and USCIS will return the original to you. If you
do not provide a copy along with the original, USCIS will
attach the original document to your petition, and it will
not be returned to you.
There are times when USCIS must request an original copy of
a document. In that case, the original is generally returned
after it has been reviewed. If you are asked to submit an
original document, make a copy for yourself and keep it in a
safe place. For your personal records, we advise you to keep
copies of the petition and all of the documents you submit to
USCIS.
However, if you are interviewed, the original documents must
be presented whenever possible at that time except for the
following: official government records; employment or
employment related records maintained by employers, unions,
or collective bargaining organizations; medical records; school
records maintained by a school or school board; or other
records maintained by a party other than the applicant.

Form I-687 Instructions (05/27/08)Y Page 2

Copies of these records must be endorsed as true and
correct and must bear the signature and title of persons
authorized to act in their behalf. All certified copies of
documents become the property of USCIS. At the
discretion of a USCIS District Director, original
documents, even if accompanied by certified copies, may
be temporarily retained.

NOTE: Please spell out U.S. Department of Homeland
Security; do not use the initials "USDHS" or "DHS."

Foreign Language Documents

Employment Authorization

Any document in a foreign language must be accompanied
by an English translation. The translator must certify that
he or she is competent to translate the foreign language
into English and that the translation is accurate.

Interview
You may be required to be present for a personal interview
by a USCIS officer.

Biometric Services for Applicant's
Fingerprints, Photograph and Signature
If you are between the ages of 14 and 79 years, you must be
fingerprinted as part of the USCIS biometric services
requirements. Biometric services may also include the taking
of your photograph and signature. After you have filed this
application, USCIS will notify you in writing on Form I-797,
Notice of Action, to call our National Customer Service
Center at 1-800-375-5283 to schedule your biometric services
appointment at a USCIS Application Support Center in your
area. If you fail to appear for the biometric services
appointment, your application may be denied.

What Is the Filing Fee?
The filing fee for this application is $710.
An additional biometric fee of $80 is required when filing this
application. After you submit Form I-687, USCIS will notify
you about when and where to go for biometric services.
You may submit one check or money order for both the
application and biometric fees, for a total of $790.
Use the following guidelines when you prepare your check or
money order for the Form I-687 and the biometric service fee:
1. The check or money order must be drawn on a bank or
other financial institution located in the United States
and must be payable in U.S. currency; and
2. Make the check or money order payable to U.S.
Department of Homeland Security, unless:
A. If you live in Guam and are filing your petition
there, make it payable to Treasurer, Guam.
B. If you live in the U.S. Virgin Islands and are filing
your petition there, make it payable to
Commissioner of Finance of the Virgin Islands.

C. If you live outside the United States, Guam, or the
U.S. Virgin Islands, contact the nearest U.S.
Embassy or consulate for instructions on the
method of payment.

Applicants seeking employment authorization must mail
Form I-765, Application for Employment Authorization,
to the appropriate address noted in these Instructions on
Page 1, Number 1 Provide the $340 fee with the
Form I-765 application.
An applicant previously issued a CSS or LULAC/Newman
employment authorization document may file a Form I-765
one time without a fee. Such Form I-765 must be
submitted together with Form I-687 and worksheet.
Subsequent Forms I-765 must be submitted with fee.

How to Check If the Fees Are Correct
The form and biometric fees on this form are current as the
the edition date appearing in the lower right corner of this
page. However, because USCIS fees change periodically,
you can verify if the fees are correct by following one of
the steps below:
1. Visit our website at www.uscis.gov, select
"Immigration Forms," and check the appropriate
fee;
2. Review the Fee Schedule included in your form
package, if you called us to request the form; or
3. Telephone our National Customer Service Center at
1-800-375-5283 and ask for the fee information.

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.

Form I-687 Instructions (05/27/08)Y Page 3

Penalties
If you knowingly and willfully falsify or conceal a material
fact or submit a false document with this request, we will
deny the benefit you are filing for, 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-687.

Confidentiality
The information provided in this application is confidential and
may only be used as provided in INA section 245A(c)(5). The
information provided is subject to verification by USCIS.

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 1 hour and 10 minutes
per response, including the time for reviewing instructions,
and 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. 1615-0090. Do not mail your application to this
address.

Form I-687 Instructions (05/27/08)Y Page 4


File Typeapplication/pdf
File Titlei-687
File Modified2008-05-05
File Created2007-07-18

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