Table of Changes (Form I-485 Instructions)

I485-INS-TOC-60Day-REV-03282017.docx

Application to Register Permanent Residence or Adjust Status

Table of Changes (Form I-485 Instructions)

OMB: 1615-0023

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TABLE OF CHANGES – INSTRUCTIONS

Form I-485, Application to Register Permanent Residence or Adjust Status

OMB Number: 1615-0023

03/28/2017


Reason for Revision: Reverting public assistance questions to previous iterations.



Current Page Number and Section

Current Text

Proposed Text

Page 1, Table of Contents

[Page 1]


Form I-485 Main Instructions Page


What Is the Purpose of Form I-485? 1


Who May File Form I-485? 2


Who May Not Be Eligible to Adjust Status? 3


When Should I File Form I-485? 4


General Instructions 4


What Evidence Must You Submit with Form I-485? 9


What Is the Filing Fee? 15


Where To File? 16


Address Change 16


Processing Information 17


Individuals With Disabilities and/or Impairments 17


USCIS Forms and Information 18


Penalties 18


USCIS Compliance Review and Monitoring 19


USCIS Privacy Act Statement 19


Paperwork Reduction Act 19


Checklist 20




Additional Instructions


Additional Instructions 21


Additional Instructions for Family-Based Applicants 21


Additional Instructions for Employment-Based Applicants 23


Additional Instructions for Special Immigrants 24


Additional Instructions for Human Trafficking Victims and Crime Victims 25


Additional Instructions for Asylees and Refugees 32


Additional Instructions for Applicants Filing Under Special Adjustment Programs 33


Additional Categories 40


[Page 1]


Form I-485 Main Instructions Page


[No change]











What Evidence Must You Submit with Form I-485? 8


What Is the Filing Fee? 14


[No change]




Processing Information 16


[No change]







USCIS Compliance Review and Monitoring 18


[No change]




Checklist 19




Additional Instructions


Additional Instructions 20


Additional Instructions for Family-Based Applicants 20


Additional Instructions for Employment-Based Applicants 22


Additional Instructions for Special Immigrants 23


Additional Instructions for Human Trafficking Victims and Crime Victims 24


Additional Instructions for Asylees and Refugees 31


Additional Instructions for Applicants Filing Under Special Adjustment Programs 32


Additional Categories 39


Page 7-8, General Instructions

[Page 7]


8. Part 8. General Eligibility and Inadmissibility Grounds. Select the answer you think is correct. If you answer “Yes” to any questions (or if you answer “No,” but are unsure of your answer), provide an explanation of the events and circumstances in the space provided in Part 14. Additional Information.


In Part 8., Item Numbers 61. and 62., you must include all public benefits that are cash assistance for income maintenance that you have received or believe that you are likely to receive from the U.S. Government or a U.S. state or local government. Examples include public cash assistance from the Temporary Assistance for Needy Families (TANF) program, the Supplemental Security Income (SSI) program, or state or local cash assistance programs for income maintenance. A one-time cash payment, such as for an emergency need, is not cash assistance for income maintenance. You must also include whether you are, or believe you are likely to be, institutionalized for long-term care at government expense.



[Page 8]


If you are not sure whether the public benefits you have received from the government are cash assistance for income maintenance, you may select “yes” and USCIS will determine whether it may be considered. Receiving public benefits that are cash assistance for income maintenance or being institutionalized for long-term care at government expense does not necessarily make you ineligible for adjustment of status. USCIS will look at all relevant factors to determine whether you are likely to become a public charge. If someone else in your household receives these benefits, but you are not a recipient yourself, answer “No.” For example, if you are an authorized representative or receive the benefits on behalf of another person (such as a child or a person with a disability), and therefore do not receive the benefits on behalf of yourself, answer “No.”


Several categories of individuals who seek adjustment may not be subject to public charge inadmissibility. If you are seeking adjustment under a provision that makes you exempt from public charge inadmissibility, your answers to these items will not lead to denial of your case on public charge grounds.


Please visit www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge and www.uscis.gov/news/fact-sheets/public-charge-fact-sheet for information about:


A. Which public benefits qualify as “cash assistance for income maintenance”; and


B. The categories of adjustment applicants to whom the public charge ground of inadmissibility does not apply.


[Page 7]


[No change]









If you answer “Yes” to Part 8., Item Numbers 61. and 62., attach evidence of any public assistance you received, or are likely to receive while in the United States. For more information on the receipt of public benefits and its impact on public charge determinations, please see www.uscis.gov.















[Deleted]



Page 12, What Evidence Must You Submit with Form I-485?

[Page 12]


9. Evidence of Financial Support


In general, you must demonstrate that you are not likely to become a public charge. This means you must show that you will be able to financially support yourself as a lawful permanent resident living indefinitely in the United States. Generally, all immediate relative and family-based adjustment applicants (beneficiaries of Form I-129F, Petition for Alien Fiancé(e), and Form I-130, Petition for Alien Relative) must have a Form I-864. Some employment-based applicants must also have a Form I-864, Affidavit of Support Under Section 213A of the Act (whether they are beneficiaries of a Form I-140, Immigrant Petition for Alien Worker, or a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, if filed in relation to certain employment-based immigrant visa classifications). See the Instructions for Form I-864 to determine when Form I-864 is required and whether an exemption may be available. If you are exempt from the Affidavit of Support requirement, you may need to file Form I-864W, Intending Immigrant’s Affidavit of Support Exemption.


For more information about Form I-864 requirements, visit www.uscis.gov/i-864. For more information about the Form I-864W, visit www.uscis.gov/i-864w. For more information on how receiving public benefits may impact how USCIS determines if you are likely to become a public charge, visit www.uscis.gov/news/fact-sheets/public-charge-fact-sheet and www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge.


[Page 12]


[No change]






























For more information about Form I-864 requirements, visit www.uscis.gov/i-864. For more information about the Form I-864W, visit www.uscis.gov/i-864w. For more information on how receiving public benefits may impact how USCIS determines if you are likely to become a public charge, visit www.uscis.gov.


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File TitleTABLE OF CHANGE – FORM I-687
Authorjdimpera
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