Table of Changes (Supplement A Instructions)

I485-INS-SUPP A-Comp+AC21+FR(062617-N)-TOC-11212016.docx

Application to Register Permanent Residence or Adjust Status

Table of Changes (Supplement A Instructions)

OMB: 1615-0023

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TABLE OF CHANGES – INSTRUCTIONS

FORM I-485, Supplement A - Instructions for Supplement A to Form I-485, Adjustment of Status Under Section 245(i)

OMB Number: 1615-0023

11/21/2016


Reason for Revision: Comprehensive revision.


Current Page Number and Section

Current Text

Proposed Text

Page 1, Instructions

[Page 1]


NOTE: Use this form only if you are applying to U.S. Citizenship and Immigration Services (USCIS) to adjust status to that of a lawful permanent resident under section 245(i) of the Immigration and Nationality Act (INA).


[Page 1]


If you are filing Supplement A to Form I-485, Adjustment of Status Under Section 245(i) (Supplement A), together with Form I-485, Application to Register Permanent Residence or Adjust Status, in order to apply for lawful permanent residence under the Immigration and Nationality Act (INA) section 245(i), you must read these Supplement A Instructions and the Form I-485 Instructions. Carefully review the Additional Instructions section in the Form I-485 Instructions for information that relates to your family-based, employment-based, special immigrant, or Diversity Visa immigrant category.


Page 1, What Is the Purpose of This Form?

[Page 1]


What Is the Purpose of This Form?


Section 245 of the INA allows the Attorney General in his or her discretion to adjust the status of an alien to that of a lawful permanent resident (LPR), in lieu of consular visa processing, while the alien remains in the United States. In order to be eligible, the alien must have been inspected and admitted or paroled, be eligible for an immigrant visa and admissible for permanent residence, have an immigrant visa immediately available and, with some exceptions, have maintained lawful nonimmigrant status. The alien must also not have engaged in unauthorized employment and must not be ineligible to adjust status under section 245(c) of the INA.  If you meet all of these requirements, you do not have to submit this form when applying for adjustment of status to that of LPR.





Section 245(i) of the INA allows certain aliens to file for adjustment of status upon payment of a penalty fee of $1,000, even though some of the conditions required by section 245(a) and (c) of the INA are not met. Aliens in the United States who have an immigrant visa immediately available, but who entered the United States without inspection, remained in the United States past the period of admission, worked unlawfully, or are otherwise ineligible for adjustment of status under section 245(c) of the INA must submit this form along with Form I-485, Application to Register Permanent Residence or Adjust Status.


NOTE:  If you are applying to adjust as the spouse or unmarried minor child of a U.S. citizen or the parent of a U.S. citizen child at least 21 years of age, and if you were inspected and lawfully admitted to the United States other than in C-1 or S nonimmigrant status, you do not need to file this form.


[Page 1]


What Is the Purpose of Supplement A?


If you are disqualified from adjusting status under INA section 245(a), you may be eligible to adjust status under INA section 245(i). For more information on who may be disqualified from adjusting under INA section 245(a), see the Bars to Adjustment and Grounds of Inadmissibility section below.














You should use Supplement A if you seek to adjust status under INA section 245(i).


You cannot adjust status based on filing Supplement A alone. You must also file Form I-485 and be eligible for a visa under a family-based, employment-based, special immigrant, or Diversity Visa immigrant category. Supplement A and Form I-485 are used to determine whether you qualify for INA section 245(i) adjustment.










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Page 1, Who May Use Supplement A to Adjust Status to That of LPR Under Section 245(i)?

[Page 1]


Who May Use Supplement A to Adjust Status to That of LPR Under Section 245(i)?












1. You may apply for adjustment of status to that of LPR under section 245(i) if you:


2. In addition, you must fall within one of the categories noted below:


A. Alien crewmen;







B. Aliens who work without authorization;








C. Aliens in unlawful immigrant status;







D. Aliens who fail to continuously maintain a lawful status since entry into the United States;








E. Aliens who were admitted in transit without visa;





F. Aliens admitted as nonimmigrant visitors under section 212(l) of the INA or under the Visa Waiver Program;

G. Aliens admitted as a nonimmigrant described in section 101(a)(15)(S) of the INA; or


H. Aliens seeking employment-based adjustment of status who are not in lawful nonimmigrant status.















A. Are physically present in the United States when the application is submitted;










B. Have an immigrant visa number immediately available;











C. Are admissible to the United States for permanent residence;




D. Are the beneficiary of an approvable-when-filed visa petition, or an application for labor certification filed on or before April 30, 2001; and


E. Pay a $1,000 penalty fee (unless exempted).




[Page 1]


Who May File to Adjust Status Under INA Section 245(i) Using Supplement A?



Use Supplement A if you are applying to adjust status under INA section 245(i). You may file Supplement A when:


1. You are filing your Form I-485 at the same time; or


2. You previously filed your Form I-485 and it remains pending.


You may file Supplement A only if:



1. ONE of the following applies to you:



A. You are or were the principal beneficiary of an immigrant petition or application for permanent labor certification properly filed on or before January 14, 1998, which was approvable when filed;


B. You are or were the principal beneficiary of an immigrant petition or application for permanent labor certification properly filed on or after January 15, 1998, but on or before April 30, 2001, which was approvable when filed and you were physically present in the United States on December 21, 2000;


C. You are or were the derivative beneficiary of an immigrant petition or application for permanent labor certification properly filed on or before January 14, 1998, which was approvable when filed;


D. You are or were the derivative beneficiary of an immigrant petition or application for permanent labor certification properly filed on or after January 15, 1998, but on or before April 30, 2001, which was approvable when filed and the principal beneficiary was physically present in the United States on December 21, 2000; or


E. You are currently the spouse or child (unmarried and under 21 years of age) eligible to accompany or follow-to-join a principal or derivative beneficiary described in Items A. - D. above.


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NOTE: “Properly filed” and “approvable when filed” are explained in the What Evidence Must You Submit to Establish Your Eligibility for Adjustment of Status under INA Section 245(i) section of these Instructions.


AND


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2. ALL of the following apply to you:


A. You are physically present in the United States;


B. You are eligible to receive an immigrant visa because you are the current beneficiary of an immigrant petition or you were selected for a Diversity Visa for the current fiscal year (or because you are the spouse or child described in Item 1.E. above);


C. An immigrant visa is immediately available to you at the time you file your application;


NOTE: Visit the Visa Availability and Priority Dates website at www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates to determine whether an immigrant visa is immediately available.


D. You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief; and


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E. You are paying the required filing fee as described in the What is the Filing Fee section of these Instructions.


Current Family Member of Principal Applicant


If you qualify to file under INA section 245(i) because you are the current spouse or child (unmarried and under 21 years of age) who is eligible to accompany or follow-to-join a principal applicant for adjustment of status under INA section 245(i), you must file Form I-485:


1. At the same time as the principal applicant files Form I-485;


2. After the principal applicant filed a Form I-485 that remains pending a final decision by U.S. Citizenship and Immigration Services (USCIS); or


3. After the principal applicant was granted lawful permanent residence under INA section 245(i) (as long as the principal applicant is still currently a lawful permanent resident) and at the time of that approval, you were the principal applicant’s spouse or child.


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[Page 2]


Bars to Adjustment and Grounds of Inadmissibility


Bars to Adjustment


In general, you are not eligible for adjustment of status based on INA section 245(a) if any of the adjustment bars apply to you. See INA section 245(a) and (c) for more information on these adjustment bars, including whether an exemption might apply to you.


If one or more of the below adjustment bars applies to you and you are not exempt under INA sections 245(a), (c), or (k), you must qualify under INA section 245(i) to adjust.


1. You last entered the United States without being admitted or paroled after inspection by an immigration officer.


2. You last entered the United States as a nonimmigrant crewman.


3. You are now employed or have ever been employed in the United States without authorization.


4. You are not in lawful immigration status on the date of filing your application for adjustment of status.


5. 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.


6. You were last admitted to the United States in transit without a visa.



[Page 3]


7. 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.


8. You were last admitted to the United States as a nonimmigrant visitor without a visa under the Visa Waiver Program (see http://travel.state.gov/content/visas/english/visit/visa-waiver-program.html).


9. 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.


10. You have ever violated the terms of your nonimmigrant status.


If the bars do not apply to you or you are exempt, then you do not need to adjust under INA section 245(i) and you should not file Supplement A.


Grounds of Inadmissibility


If you are inadmissible to the United States, you may not adjust to lawful permanent resident status. You can find the grounds of inadmissibility listed in INA section 212(a) at www.uscis.gov.


If you are inadmissible, you may be eligible for a waiver or other form of relief. If your waiver application or other form of relief is granted, USCIS may approve your application to adjust status.


You can learn more about waivers and other forms of relief by reading the Instructions for Form I-601, Application for Waiver of Grounds of Inadmissibility, at www.uscis.gov/I-601 and Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal, at www.uscis.gov/I-212.


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[Page 3]


What Immigrant Petitions and Permanent Labor Certification Applications Qualify Under INA Section 245(i)?


You may use one of the following petitions and applications to qualify under INA section 245(i), if it was properly filed and approvable when filed on or before April 30, 2001:


1. Form I-130, Petition for Alien Relative;


2. Form I-140, Immigrant Petition for Alien Worker;


3. Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant (including VAWA self-petitioners);


4. Form I-526, Immigrant Petition by Alien Entrepreneur; or


5. Form ETA-750, Application for Alien Employment Certification, Parts A and B.


If you are using an immigrant petition to show that you qualify for adjustment under INA section 245(i), provide the receipt number of the petition in Part 2. Eligibility, Item Number 2. (if available). If you are using a permanent labor certification application to qualify, you do not need to complete Item Number 2.


NOTE: If you use one of the petitions listed above to qualify to apply under INA section 245(i), you may be able to use the same petition to establish eligibility for an immigrant visa, or you may establish eligibility for an immigrant visa based on another petition or on being selected for a Diversity Visa for the current fiscal year.


Page 2, What Documentation Must You Include If You Are Submitting This Form With Form I-485?


AND


Page 2, What Documentation Demonstrates Your Physical Presence on December 21, 2000?


[Page 2]


What Documentation Must You Include If You Are Submitting This Form With Form I-485?















You do not need to submit documentation in addition to the documentation required by the instructions on Form I-485 unless you are the beneficiary of a visa petition or application for labor certification properly filed on your behalf after January 14, 1998, and on or before April 30, 2001.  Aliens using section 245(i) because they are beneficiaries of a visa petition or application for labor certification filed after January 14, 1998, and on or before April 30, 2001, should submit documentation along with this form that demonstrates physical presence in the United States on December 21, 2000.









































































































































































What Documentation Demonstrates Your Physical Presence on December 21, 2000?


Documentation of your physical presence in the United States on December 21, 2000, can consist of Federal, State, or local government-issued documents or other documents establishing your physical presence on that date. If one document does not establish your physical presence, you should submit documentation establishing your physical presence in the United States prior to and after December 21, 2000. In some cases, a single document may suffice to establish the applicant's physical presence on December 21, 2000. In most cases, however, you may need to submit several documents because you may not possess documentation that contains the exact date of December 21, 2000. In such instances, you should submit sufficient documentation establishing the applicant's physical presence in the United States prior to and after December 21, 2000. If you submit affidavits, they should be accompanied by supporting documentation. USCIS will evaluate all documentation on a case-by-case basis.


[Page 3]


What Evidence Must You Submit to Establish Your Eligibility for Adjustment of Status under INA Section 245(i)?


You must submit all evidence requested in these Instructions with your Supplement A. If you fail to submit required evidence, USCIS may reject or deny Form I-485 and Supplement A for failure to submit requested evidence or supporting documents in accordance with 8 CFR 103.2(b)(1) and these Instructions.



[Page 4]


You must submit documentation to prove Items 1. - 4. below.


1. You:


A. Are or were the principal beneficiary of an immigrant petition or application for permanent labor certification that was properly filed on or before April 30, 2001, and which was approvable when filed;







B. Are or were a derivative beneficiary (the principal beneficiary’s spouse or unmarried child under 21 years of age at the time the qualifying petition or application was filed) of an immigrant petition or application for permanent labor certification that was properly filed on or before April 30, 2001, and which was approvable when filed; or


C. Are currently the spouse or an unmarried child under 21 years of age who is eligible to accompany or follow-to-join a principal or derivative beneficiary described in Items A. or B. above, and the principal or derivative beneficiary is currently applying for or was granted adjustment of status under INA section 245(i).


Documentation. To prove the existence of a qualifying petition or application, submit an official document showing either:


A. The filing or approval of the immigrant visa petition (Form I-797, Notice of Action), which contains the principal beneficiary’s name; or


B. The filing or approval of the permanent labor certification application (Form ETA-750), which contains the principal beneficiary’s name.


If you qualify to apply for adjustment of status under INA section 245(i) because you are or were a derivative beneficiary of a qualifying petition or application, you must prove the required relationship to the principal beneficiary by submitting a marriage certificate (for spouse) or birth certificate (for child). This evidence must show that the claimed relationship existed at the time the qualifying petition or application was properly filed. You do not need to show that the relationship still exists.


If you qualify to apply for adjustment of status under INA section 245(i) because you are the current spouse or an unmarried child under 21 years of age of a person who is or was the principal or derivative beneficiary of a qualifying petition or application, you must submit evidence of your current relationship to the principal applicant.


2. The qualifying immigrant petition or application for permanent labor certification was properly filed.


An immigrant visa petition is considered properly filed if the:


A. Petitioner properly signed the petition;


B. Petitioner submitted the correct filing fee; and


C. Petition was physically received at a designated USCIS office (then known as the Immigration and Naturalization Service (INS)) on or before April 30, 2001, or was mailed with a postmark on or before April 30, 2001 (regardless of when INS received it).


A permanent labor certification application is considered properly filed if the U.S. Department of Labor (or a designated state workforce agency) accepted the application on or before April 30, 2001, under applicable Federal regulations at the time.


Documentation. To show that your immigrant petition or permanent labor certification application was properly filed, you must submit either:


A. Form I-797 showing a qualifying date of filing. (Form I-797 showing a filing date indicates the U.S. Government accepted the petition and implies that the U.S. Government determined the petition was signed and submitted with the appropriate filing fee); or


B. Form ETA-750 bearing a state workforce agency’s date stamp, an agency letter, or other document specifying the date of receipt/filing.



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3. The qualifying petition or application was approvable when filed.


An immigrant petition or labor certification application is considered approvable when filed if:


A. The petition or application was properly filed;


B. The petition or application was meritorious in fact; and


C. The petition or application was not frivolous (“frivolous” meaning patently without substance).


Documentation. Unless contradictory evidence exists, a final decision approving the required petition or application shows that the petition or application was approvable when filed. Such an approval consists of either:


A. An INS approval notice (on Form I-797) for the immigrant visa petition; or


B. A U.S. Department of Labor certification stamp (on Form ETA-750) for the permanent labor certification application.


Absent an approved petition or application, you may submit any relevant evidence to show the petition or application was properly filed and approvable when filed. USCIS makes this determination based on the circumstances that existed at the time the qualifying petition or application was filed. A petition or application that was approvable when filed but was later withdrawn, denied, or revoked due to circumstances that arose after the time of filing may still qualify you for INA section 245(i) adjustment if you are otherwise eligible.


4. The principal beneficiary of the qualifying petition or application was physically present in the United States on December 21, 2000 (if applicable).


If you qualify to apply for adjustment of status under INA section 245(i) based on an immigrant petition or application for permanent labor certification filed on or after January 15, 1998, you must prove that the principal beneficiary of that petition or application was physically present in the United States on December 21, 2000.






Documentation. In some cases, a single document may suffice to prove physical presence, but often you will need to submit several documents. USCIS will ordinarily place the greatest weight on government-issued documents. The following list gives examples of documents that you may submit as evidence of physical presence:



















A. Form I-94 Arrival-Departure Record, the nonimmigrant visa page of the principal beneficiary’s passport, Form I-512L or other U.S. Government-issued document showing admission or parole into the United States after inspection by an immigration officer;


B. A Notice to Appear in Immigration Court;


C. Official correspondence or other notices from a U.S. Government agency;


D. A state driver’s license;


E. Income tax or property tax records, returns, or payments;


F. School or college transcripts and records;


G. Hospital or doctor’s records;


H. Lease agreements and rental receipts;


I. Utility bill receipts;


J. Employment records, such as payroll statements or pay stubs; or

K. Bank and credit card statements and records.


NOTE: If you submit a personal affidavit attesting to physical presence, you must also submit other supporting documentation. USCIS will evaluate all documentation on a case-by-case basis.


If you qualify to apply for adjustment of status under INA section 245(i) based on an immigrant petition or application for permanent labor certification filed on or before January 14, 1998, you do NOT need to submit any evidence of physical presence.


Page 2, Who Does Not need to Use Supplement A to Form I-485?


[Page 2]


Who Does Not Need to Use Supplement A to Form I-485? 1.


You do not have to submit Supplement A to Form I-485 if you:


A. Are already an LPR;


B. Have continuously maintained lawful immigration status in the United States since November 5, 1986; or


C. Are applying to adjust status as the spouse or unmarried minor child of a U.S. citizen or the parent of a U.S. citizen child at least 21 years of age, and you were inspected and lawfully admitted to the United States other than in C-1 or S nonimigrant status.


2. In addition, you do not have to submit Supplement A to Form I-485 if you are filing for an immigration benefit other than adjustment of status to that of LPR or if you are applying for adjustment of status to that of LPR because you:


A. Were granted asylum in the United States;


B. Have continuously resided in the United States since January 1, 1972;


C. Entered as a K-1 fiancé(e) of a U.S. citizen;


D. Have an approved Form I-360, Petition for Amerasian, Widow(er), Battered or Abused Spouse or Child, or Special Immigrant, and are applying for adjustment as a special immigrant juvenile court dependent, or as a special immigrant who has served in the U.S. Armed Forces, or as a battered or abused spouse or child;


E. Are a special immigrant retired international organization employee or family member;


F. Are a special immigrant physician;


G. Are a public interest parolee, who was denied refugee status, and are from the former Soviet Union, Vietnam, Laos, or Cambodia (a "Lautenberg Parolee" under Public Law 101-167); or


H. Are eligible under the Immigration Nursing Relief Act.


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General Instructions


USCIS provides forms free of charge through the USCIS website. In order to view, print, or fill out our forms, you should use the latest version of Adobe Reader, which you can download for free at http://get.adobe.com/reader/. If you do not have Internet access, you may call the USCIS National Customer Service Center at 1-800-375-5283 and ask that we mail a form to you. For TTY (deaf or hard of hearing) call: 1-800-767-1833.


Signature. Each supplement must be properly signed and filed. For all signatures on this supplement, USCIS will not accept a stamped or typewritten name in place of a signature. If you are under 14 years of age, your parent or legal guardian may sign the supplement on your behalf. A legal guardian may also sign for a mentally incompetent person.


Filing Fee. Each supplement must be accompanied by the appropriate filing fee. (See the What Is the Filing Fee section of these Instructions.)


Evidence. At the time of filing, you must submit all evidence and supporting documentation listed in the What Evidence Must You Submit to Establish Your Eligibility for Adjustment of Status under INA Section 245(i) section of these Instructions.


Biometric Services Appointment. USCIS may require that you appear for an interview or provide fingerprints, photograph, and/or signature at any time to verify your identity, obtain additional information, and conduct background and security checks, including a check of criminal history records maintained by the Federal Bureau of Investigation (FBI), before making a decision on your application, petition, or request. After USCIS receives your supplement and ensures it is complete, we will inform you in writing if you need to attend a biometric services appointment. If an appointment is necessary, the notice will provide you the location of your local or designated USCIS Application Support Center (ASC) and the date and time of your appointment.


If you are required to provide biometrics, at your appointment you must sign an oath reaffirming that:


1. You provided or authorized all information in the supplement;

2. You reviewed and understood all of the information contained in, and submitted with, your supplement; and

3. All of this information was complete, true, and correct at the time of filing.


If you fail to attend your biometric services appointment, USCIS may deny your supplement. For applicants and dependents who appear before an immigration judge, failure to attend a biometric services appointment, without good cause, may result in the immigration judge finding that your application was abandoned, and USCIS may also deny any other application, petition, or request you filed with USCIS.


Copies. You should submit legible photocopies of documents requested, unless the Instructions specifically state that you must submit an original document. USCIS may request an original document at the time of filing or at any time during processing of an application, petition, or request. If USCIS requests an original document from you, it will be returned to you after USCIS determines it no longer needs your original.


NOTE: If you submit original documents when not required or requested by USCIS, your original documents may remain a part of the record, USCIS will not automatically return them to you, and your original documents may be immediately destroyed upon receipt.


Translations. If you submit a document with information in a foreign language, you must also submit a full English translation. The translator must sign a certification that the English language translation is complete and accurate, and that he or she is competent to translate from the foreign language into English. The certification must include the translator’s signature. The Department of Homeland Security (DHS) recommends the certification contain the translator’s printed name and the date and the translator’s contact information.



[Page 7]


How To Fill Out Supplement A


1. Type or print legibly in black ink.


2. If you need extra space to complete any item within this supplement, attach a separate sheet of paper; type or print your name and Alien Registration Number (A-Number) (if any) at the top of each sheet; indicate the Page Number, Part Number, and Item Number to which your answer refers; and sign and date each sheet.


3. Answer all questions fully and accurately.  If a question does not apply to you (for example, if you have never been married and the question asks, “Provide the name of your current spouse”), type or print “N/A,” unless otherwise directed.  If your answer to a question which requires a numeric response is zero or none (for example, “How many children do you have” or “How many times have you departed the United States”), type or print “None,” unless otherwise directed.  


4. USCIS Online Account Number (if any). If you have 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 you were issued by the system. You can find your USCIS Online Account Number by logging in to your account and going to the profile page. If you previously filed certain applications, petitions, or requests on a paper form via a USCIS Lockbox facility, you may have received a USCIS Online Account Access Notice issuing you a USCIS Online Account Number. If you received such a notice, your USCIS Online Account Number can be found at the top of the notice. If you 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.


5. Immigrant Category for Adjustment of Status. When you filed your Form I-485, you selected an immigrant category in Part 2., Item Number 1. as the basis of your eligibility to adjust status. Insert the full title of that immigrant category in Part 2., Item Number 5.


6. Part 4. Applicant’s Statement, Contact Information, Declaration, Certification, and Signature. Select the appropriate box to indicate whether you read this supplement yourself or whether you had an interpreter assist you. If someone assisted you in completing the supplement, select the box indicating that you used a preparer. Further, you must sign and date your supplement and provide your daytime telephone number, mobile telephone number (if any), and email address (if any). Every supplement 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.


7. Part 5. Interpreter’s Contact Information, Certification, and Signature. If you used anyone as an interpreter to read the Instructions and questions on this supplement to you in a language in which you are fluent, the interpreter must fill out this section, provide his or her name, the name and address of his or her business or organization (if any), his or her daytime telephone number, his or her mobile telephone number (if any), and his or her email address (if any). The interpreter must sign and date the supplement.


8. Part 6. Contact Information, Declaration, and Signature of the Person Preparing this Supplement, if Other Than the Applicant. This section must contain the signature of the person who completed your supplement, if other than you, the applicant. If the same individual acted as your interpreter and your preparer, that person should complete both Part 5. and Part 6. If the person who completed this supplement is associated with a business or organization, that person should complete the business or organization name and address information. Anyone who helped you complete this supplement MUST sign and date the supplement. A stamped or typewritten name in place of a signature is not acceptable. If the person who helped you prepare your supplement is an attorney or accredited representative, he or she may be obliged to also submit a completed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, along with your supplement.


We recommend that you print or save a copy of your completed supplement to review in the future and for your records.


Page 3, What Are the Filing Fees for Form I-485 and Supplement A to Form I-485?

[Page 3]


What Are the Filing Fees for Form I-485 and Supplement A to Form I-485?


The fee for this form when filed along with Form I-485 (and the applicable fees and biometric services and fees) is:


1. A $1,000 penalty fee is required with the Supplement A Form.


2. If you filed Form I-485 separately, attach a copy of your filing receipt and pay only the additional sum of $1,000.











There are two categories of applicants who do not need to pay the $1,000 fee associated with Supplement A to Form I-485:


A. Applicants under the age of 17 years; and


B. Applicants who are an unmarried son or daughter of a legalized alien and less than 21 years of age, or the spouse 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.


Use the following guidelines when you prepare your check or money order for the Form I-485 Supplement A filing and biometrics services 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.


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


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


Notice to Those Making Payment by Check. If you send us a check, it will be converted into an electronic funds transfer (EFT). This means we will copy your check and use the account information on it to electronically debit your account for the amount of the check. The debit from your account will usually take 24 hours and will be shown on your regular account statement.


You will not receive your original check back. We will destroy your original check, but will keep a copy of it. If the EFT cannot be processed for technical reasons, you authorize us to process the copy in place of your original check. If the EFT cannot be completed because of insufficient funds, we may try to make the transfer up to two times.


How to Check If the Fees Are Correct


The form and biometric fees on this form are current as of 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 the USCIS Web site at www.uscis.gov, select “FORMS,” and check the appropriate fee; or


2. Call the USCIS National Customer Service Center at 1-800-375-5283 and ask for fee information. For TDD (deaf or hard of hearing) call: 1-800-767-1833.


NOTE: If your Form I-485 Supplement A requires payment of a biometrics services fee for USCIS to take your fingerprints, photograph, or signature, you can use the same procedure to obtain the correct biometrics services fee.


[Page 8]


What Is the Filing Fee?



The filing fee for Supplement A is $1,000. USCIS cannot waive the filing fee.






You may file Supplement A and its $1,000 filing fee together with Form I-485 and its applicable fees. If you previously filed Form I-485 and it remains pending, attach a copy of your filing receipt and pay only the $1,000 Supplement A filing fee.


NOTE: The filing fee is not refundable, regardless of any action USCIS takes on this supplement. DO NOT MAIL CASH. You must submit all fees in the exact amounts.


You do NOT need to pay the Supplement A $1,000 filing fee if at the time of filing you are:



1. Under 17 years of age; or



2. 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.



Use the following guidelines when you prepare your check or money order for the Supplement A filing 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.


NOTE: Spell out U.S. Department of Homeland Security; do not use the initials “USDHS” or “DHS.”


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Notice to Those Making Payment by Check. If you send us a check, USCIS will convert it into an electronic funds transfer (EFT). This means we will copy your check and use the account information on it to electronically debit your account for the amount of the check. The debit from your account will usually take 24 hours and your bank will show it on your regular account statement.


You will not receive your original check back. We will destroy your original check, but will keep a copy of it. If USCIS cannot process the EFT for technical reasons, you authorize us to process the copy in place of your original check. If USCIS cannot complete the EFT because of insufficient funds, we may try to make the transfer two additional times.


How To Check If the Fees Are Correct


Supplement A’s filing fee is current as of the edition date in the lower left corner of this page. However, because USCIS fees change periodically, you can verify that the fees are correct by following one of the steps below.



1. Visit the USCIS website at www.uscis.gov, select “FORMS,” and check the appropriate fee; or


2. Call the USCIS National Customer Service Center at 1-800-375-5283 and ask for fee information. For TTY (deaf or hard of hearing) call: 1-800-767-1833.


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Page 3, Where to File?

[Page 3]


Where To File?


You must file this form at the same USCIS office or location where you must submit the related Form I-485. Please see our Web site at www.uscis.gov/I-485 or call the USCIS National Customer Service Center at 1-800-375-5283 for the most current information about where to file this benefit request. For TDD (deaf of hard of hearing) call: 1-800-767-1833.

[Page 8]


Where to File?


Please see our website at www.uscis.gov/i-485 or call our National Customer Service Center at 1-800-375-5283 for the most current information about where to file this supplement. For TTY (deaf or hard of hearing) call: 1-800-767-1833.






[Page 9]


If you are in proceedings in Immigration Court (that is, if you have been served with Form I-221, Order to Show Cause and Notice of Hearing; Form I-122, Notice to Applicant for Admission Detained for Hearing Before an Immigration Judge; Form I-862, Notice to Appear; or Form I-863, Notice of Referral to Immigration Judge, that DHS filed with the Immigration Court), you should file this supplement with the appropriate Immigration Court. Pre-Order Filing Instructions regarding background and security investigations will be provided to you by the DHS attorney. You must also submit a copy to USCIS. Please see our Web site at www.uscis.gov/laws/immigration-benefits-eoir-removal-proceedings or call our National Customer Service Center for the most current information about where to file the copy of the application that you file with the Immigration Court.


New


[Page 9]


Address Change


An applicant who is not a U.S. citizen must notify USCIS of his or her new address within 10 days of moving from his or her previous residence. For information on filing a change of address, go to the USCIS website at www.uscis.gov/addresschange or contact the USCIS National Customer Service Center at 1-800-375-5283. For TTY (deaf or hard of hearing) call: 1-800-767-1833.


If you are already in proceedings in Immigration Court, you must also notify the Immigration Court on EOIR Form 33/IC, Alien's Change of Address Form/Immigration Court, of any changes of address within five days of the change in address. The EOIR Form 33/IC is available on the EOIR website at www.justice.gov/eoir/formslist.htm.


NOTE: Do not submit a change of address request to the USCIS Lockbox facilities because the Lockbox does not process change of address requests.


Page 4, Processing Information

[Page 4]


Processing Information


Any Form I-485 Supplement A that is not signed or accompanied by the correct fee will be rejected with a notice that the Form I-485 Supplement A is deficient. You may correct the deficiency and resubmit Supplement A. An application or petition is not considered properly filed until accepted by USCIS.


Initial Processing. Once Form I-485 Supplement A has been accepted, it will be checked for completeness, including submission of the required initial evidence. If you do not completely fill out the form, or file it without required initial evidence, you will not establish a basis for eligibility and we may deny your Form I-485 Supplement A.


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.












Decision. The decision on a Form I-485 Supplement A involves a determination of whether you have established eligibility for the requested benefit. You will be notified of the decision in writing.

[Page 9]


Processing Information


USCIS will reject any Supplement A that is not signed or accompanied by the correct filing fee and will send you a notice that Supplement A is incomplete. You may fix the problem and resubmit Supplement A. Supplement A is not considered properly filed until USCIS accepts it.


Initial Processing. Once USCIS accepts your supplement we will check it for completeness. If you do not completely fill out this supplement, you will not establish a basis for your eligibility and USCIS may reject or deny your Form I-485.





Requests for More Information. We may request that you provide more information or evidence to support your supplement. We may also request that you provide the originals of any copies you submit. If USCIS requests an original document from you, it will be returned to you after USCIS determines it no longer needs your original.


Requests for Interview. We may request that you appear at a USCIS office for an interview based on your supplement. At the time of any interview or other appearance at a USCIS office, we may require that you provide your fingerprints, photograph, and/or signature to verify your identity and/or update background and security checks.


Decision. The decision on Supplement A involves a determination of whether you have established eligibility for the immigration benefit you are seeking. USCIS will notify you of the decision in writing.


New


[Page 9]


USCIS Forms and Information


To ensure you are using the latest version of this supplement, visit the USCIS website at www.uscis.gov where you can obtain the latest USCIS forms and immigration-related information. If you do not have Internet access, you may order USCIS forms by calling the Forms Request Line at 1-800-870-3676. You may also obtain forms and information by calling the USCIS National Customer Service Center at 1-800-375-5283. For TTY (deaf or hard of hearing) call: 1-800-767-1833.



[Page 10]


Instead of waiting in line for assistance at your local USCIS office, you can schedule an appointment online at www.uscis.gov. Select “Schedule an Appointment” and follow the screen prompts to set up your appointment. Once you finish scheduling an appointment, the system will generate an appointment notice for you.


Page 4, Penalties

[Page 4]


Penalties


If you knowingly and willfully falsify or conceal a material fact or submit a false document with your Form I-485 Supplement A, we will deny your Form I-485 Supplement A and may deny any other immigration benefit.


In addition, you will face severe penalties provided by law and may be subject to criminal prosecution.


[Page 10]


Penalties


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


Page 4, Privacy Act Notice

[Page 4]


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 Supplement A.

[Page 10]


USCIS Privacy Act Statement


AUTHORITIES: The information requested on this supplement, and the associated evidence, is collected under INA sections 103, 245, and 264(f), as amended.











PURPOSE: The primary purpose for providing the requested information on this supplement is to determine if you have established eligibility to adjust status to that of a permanent resident of the United States. DHS will use the information you provide to grant or deny your application to adjust status to lawful permanent residence.


DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information, and any requested evidence, may delay a final decision in your case or result in denial of your Form I-485.


ROUTINE USES: DHS may share the information you provide on this supplement with other Federal, state, local, and foreign government agencies and authorized organizations. DHS follows approved routine uses described in the associated published system of records notices [DHS/USCIS-007 - Benefits Information System and DHS/USCIS-001 - Alien File, Index and National File Tracking System of Records] which you can find at www.dhs.gov/privacy. DHS may also share the information, as appropriate, for law enforcement purposes or in the interest of national security.


Page 4, Paperwork Reduction Act

[Page 4]


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 13 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 Coordination Division, Office of Policy and Strategy, 20 Massachusetts Ave NW, Washington, DC 20529-2140; OMB No. 1615-0023. Do NOT mail your completed Supplement A to this address.

[Page 10]


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 Office of Management and Budget (OMB) control number. The public reporting burden for this collection of information is estimated at 1 hour and 15 minutes per response, in addition to the burden for completing Form I-485, including the time for reviewing instructions, gathering the required documentation and information, completing the supplement, attaching necessary documentation, and submitting the supplement. 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 Coordination Division, Office of Policy and Strategy, 20 Massachusetts Ave NW, Washington, DC 20529-2140; OMB No. 1615-0023. Do not mail your completed Supplement A to this address.


Page 4, Checklist

[Page 4]


Checklist









I signed the form at Part D.





I included the appropriate fees (if any).



If I checked box b. or d. in Question 1., Part B, I included evidence of my physical presence in the United States on

December 21, 2000.

[Page 11]


Checklist


I am filing my Form I-485 with this Supplement A, or I previously filed my Form I-485 and it remains pending. (If I filed my Form I-485 previously, I am attaching a copy of my Form I-797 receipt for that filing.)


I signed Supplement A in Part 4. Applicant’s Statement, Contact Information, Declaration, Certification, and Signature.


I included the appropriate $1,000 filing fee for Supplement A, unless exempt.


I included all required supporting documentation listed in the What Evidence Must You Submit to Establish Your Eligibility for Adjustment of Status under INA Section 245(i) section of these Instructions.




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File TitleTABLE OF CHANGE – FORM I-687
Authorjdimpera
File Modified0000-00-00
File Created2021-01-23

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