Table of Changes (form)

I485-FRM-TOC-PubCharge-60Day-09282018.docx

Application to Register Permanent Residence or Adjust Status

Table of Changes (form)

OMB: 1615-0023

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TABLE OF CHANGES – FORM

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

OMB Number: 1615-0023

09/28/2018


Reason for Revision: Revisions to include public charge grounds of inadmissibility questions.


  • Black font = Current text

  • Red font = Changes



Current Page Number and Section

Current Text

Proposed Text

Pages 3-4, Part 2. Application Type or Filing Category

[Page 3]


Part 2. Application Type or Filing Category







NOTE: Attach a copy of the Form I-797 receipt or approval notice for the underlying petition or application, as appropriate.


I am applying to register lawful permanent residence or adjust status to that of a lawful permanent resident based on the following immigrant category (select only one box). (See the Form I-485 Instructions for more information, including any Additional Instructions that relate to the immigrant category you select.):


1.a. Family-based


Immediate relative of a U.S. citizen, Form I-130



Other relative of a U.S. citizen or relative of a lawful permanent resident under the family-based preference categories, Form I-130


Person admitted to the United States as a fiancé(e) or child of a fiancé(e) of a U.S. citizen, Form I-129F (K-1/K-2 Nonimmigrant)


Widow or widower of a U.S. citizen, Form I-360


VAWA self-petitioner, Form I-360







1.b. Employment-based


Alien worker, Form I-140




Alien entrepreneur, Form I-526


1.c. Special Immigrant


Religious worker, Form I-360


Special immigrant juvenile, Form I-360


Certain Afghan or Iraqi national, Form I-360


Certain international broadcaster, Form I-360


Certain G-4 international organization or family member or NATO-6 employee or family member, Form I-360












1.d. Asylee or Refugee


Asylum status (INA section 208), Form I-589 or Form I-730


Refugee status (INA section 207), Form I-590 or Form I-730


1.e. Human Trafficking Victim or Crime Victim


Human trafficking victim (T Nonimmigrant), Form I-914 or derivative family member, Form I-914A


Crime victim (U Nonimmigrant), Form I-918, derivative family member, Form I-918A, or qualifying family member, Form I-929





1.f. Special Programs Based on Certain Public Laws


The Cuban Adjustment Act


The Cuban Adjustment Act for battered spouses and children


Dependent status under the Haitian Refugee Immigrant Fairness Act


Dependent status under the Haitian Refugee Immigrant Fairness Act for battered spouses and children


Lautenberg Parolees


Diplomats or high ranking officials unable to return home (Section 13 of the Act of September 11, 1957)


Indochinese Parole Adjustment Act of 2000





1.g. Additional Options

Diversity Visa program


Continuous residence in the United States since before January 1, 1972 ("Registry")


Individual born in the United States under diplomatic status






Other eligibility







































2. Are you applying for adjustment based on the Immigration and Nationality Act (INA) section 245(i)?

Yes

No


NOTE: If you answered "Yes" to Item Number 2., you must have selected a family-based, employment-based, special immigrant, or Diversity Visa immigrant category listed above in Item Numbers 1.a. - 1.g. as the basis for your application for adjustment of status. Fill out the rest of this application and Supplement A to Form I-485, Adjustment of Status Under Section 245(i) (Supplement A). For detailed filing instructions, read the Form I-485 Instructions (including any Additional Instructions that relate to the immigrant category that you selected in Item Numbers 1.a. - 1.g.) and Supplement A Instructions.



[Page 4]


Information About Your Immigrant Category

If you are the principal applicant, provide the following information.


3. Receipt Number of Underlying Petition (if any)


4. Priority Date from Underlying Petition (if any) (mm/dd/yyyy)


If you are a derivative applicant (the spouse or unmarried child under 21 years of age of a principal applicant), provide the following information for the principal applicant.


Principal Applicant's Name

5.a. Family Name (Last Name)

5.b. Given Name(First Name)

5.c. Middle Name





6. Principal Applicant's A-Number (if any)


7. Principal Applicant's Date of Birth (mm/dd/yyyy)


8. Receipt Number of Principal's Underlying Petition (if any)


9. Priority Date of Principal Applicant's Underlying Petition (if any) (mm/dd/yyyy)

[Page 3]


Part 2. Application Type or Filing Category


1. I am filing this Form I-485 as a (select only one box):

Principal applicant

Derivative applicant


NOTE: Attach a copy of the Form I-797 receipt or approval notice for the underlying petition or application, as appropriate.


I am applying as a principal or derivative applicant to register lawful permanent residence or adjust status to that of a lawful permanent resident based on the following immigrant category (select only one category). (See the Form I-485 Instructions for more information, including any Additional Instructions that relate to the immigrant category you select.):


Family-based


2.a. Immediate relative of a U.S. citizen, Form I-130


2.b. Other relative of a U.S. citizen or relative of a lawful permanent resident under the family-based preference categories, Form I-130


2.c. Person admitted to the United States as a fiancé(e) or child of a fiancé(e) of a U.S. citizen, Form I-129F (K-1/K-2 Nonimmigrant)


2.d. Widow or widower of a U.S. citizen, Form I-360


2.e. VAWA self-petitioner, Form I-360


2.f. Spouse, child, or parent of a deceased U.S. active duty service member in the armed forces under the National Defense Authorization Act (NDAA), Form I-130 or Form I-360


Employment-based


3.a. Alien worker, Form I-140 (if you select this box AND you are a principal Form I-485 applicant, you must answer Item Number 9.a.)


3.b. Alien entrepreneur, Form I-526


Special Immigrant


4.a. Religious worker, Form I-360


4.b. Special immigrant juvenile, Form I-360


4.c. Certain Afghan or Iraqi national, Form I-360


4.d. Certain international broadcaster, Form I-360


4.e. Certain G-4 international organization or family member or NATO-6 employee or family member, Form I-360


4.f. Certain U.S. armed forces member (also known as the Six and Six program), Form I-360


4.g. Panama Canal Zone employee, Form I-360


4.h. Certain physician, Form I-360


4.i. Certain employee or former employee of the U.S. Government abroad, Form I-360


Asylee or Refugee


5.a. Asylum status (INA section 208), Form I-589 or Form I-730


5.b. Refugee status (INA section 207), Form I-590 or Form I-730


Human Trafficking Victim or Crime Victim



6.a. Human trafficking victim (T Nonimmigrant), Form I-914 or derivative family member, Form I-914A


6.b. Crime victim (U Nonimmigrant), Form I-918, derivative family member, Form I-918A, or qualifying family member, Form I-929



[Page 4]


Special Programs Based on Certain Public Laws


7.a. The Cuban Adjustment Act


7.b. The Cuban Adjustment Act for battered spouses and children


7.c. Dependent status under the Haitian Refugee Immigrant Fairness Act


7.d. Dependent status under the Haitian Refugee Immigrant Fairness Act for battered spouses and children


7.e. Lautenberg Parolees


7.f. Diplomats or high ranking officials unable to return home (Section 13 of the Act of September 11, 1957)


7.g. Indochinese Parole Adjustment Act of 2000


7.h. Amerasian Act (October 22, 1982), Form I-360


Additional Options


8.a. Diversity Visa program


8.b. Continuous residence in the United States since before January 1, 1972 ("Registry")


8.c. Individual born in the United States under diplomatic status


8.d. S nonimmigrants and qualifying family members (only law enforcement agencies can file Form I-485 for someone in this category)


8.e. Other eligibility (see the Form I-485 Instructions, Who May File Form I-485, Item Number 3. Other Immigrant Categories for examples) [Fillable Field]


Additional Alien Worker Information


Answer Item Number 9.a. only if you selected Item Number 3.a. (Alien worker AND you are a principal Form I-485 employment-based adjustment applicant).


9.a. Did a relative file the associated Form I-140 for you or does a relative have a significant ownership interest (five percent or more) in the business that filed Form I-140 for you? (The relative must be your husband, wife, father, mother, child, adult son, adult daughter, brother, or sister.)

Yes

No


If you answered "Yes" to Item Number 9.a., answer Item Numbers 9.b. - 9.c. If you answered "No," skip to Item Number 10.


9.b. How is your relative related to you?

Brother or sister

Husband, wife, father, mother, child, adult son, or adult daughter


9.c. This relative is a:

U.S. citizen

U.S. national

Lawful permanent resident

None of the above


INA Section 245(i)


10. Are you applying for adjustment based on the Immigration and Nationality Act (INA) section 245(i)?

Yes

No


NOTE: If you answered "Yes" to Item Number 10., you must have selected a family-based, employment-based, special immigrant, or Diversity Visa immigrant category listed above in Item Numbers 2.a. - 8.e. as the basis for your application for adjustment of status. Fill out the rest of this application AND Supplement A to Form I-485, Adjustment of Status Under Section 245(i) (Supplement A). For detailed filing instructions, read the Form I-485 Instructions (including any Additional Instructions that relate to the immigrant category that you selected in Item Numbers 2.a. - 8.e.) and Supplement A Instructions.





Information About Your Immigrant Category

If you are the principal applicant, provide the following information.


11. Receipt Number of Underlying Petition (if any)


12. Priority Date from Underlying Petition (if any) (mm/dd/yyyy)


If you are a derivative applicant (the spouse or unmarried child under 21 years of age of a principal applicant), provide the following information for the principal applicant.


Principal Applicant's Name

13.a. Family Name (Last Name)

13.b. Given Name(First Name)

13.c. Middle Name



[Page 5]


14. Principal Applicant's A-Number (if any)


15. Principal Applicant's Date of Birth (mm/dd/yyyy)


16. Receipt Number of Principal's Underlying Petition (if any)


17. Priority Date of Principal Applicant's Underlying Petition (if any) (mm/dd/yyyy)


Pages 9-14, Part 8. General Eligibility and Inadmissibility Grounds

[Page 9]


Part 8. General Eligibility and Inadmissibility Grounds…


Public Assistance


61. Have you received public assistance in the United States from any source, including the U.S. Government or any state, county, city, or municipality (other than emergency medical treatment)?

Yes

No


62. Are you likely to receive public assistance in the future in the United States from any source, including the U.S. Government or any state, county, city, or municipality (other than emergency medical treatment)?

Yes

No…


[Page 10]


Part 8. General Eligibility and Inadmissibility Grounds…


[Deleted]


















Public Charge


61. Are you exempt from the public charge ground of inadmissibility?

Yes

No


To see if you are exempt from filing Form I-944, read the Form I-485 Instructions, What Evidence Must You Submit, Item Number 9. Public Charge: Declaration of Self-Sufficiency (Form I-944) and Affidavit of Support Under Section 213A of the INA (Form I-864). If you answered "Yes" to Item Number 61., skip to Item Number 63.a. If you answered "No," proceed to Item Number 62.a.


Affidavit of Support Under Section 213A of the INA (Form I-864)


You may need to file Form I-864. For more information, go to the Form I-485 Instructions, What Evidence Must You Submit, Item Number 9. Public Charge: Declaration of Self-Sufficiency (Form I-944) and Affidavit of Support Under INA section 213A (Form I-864).


I am EXEMPT from filing Form I-864 because:


62.a. I have earned or can receive credit for 40 qualifying quarters (credits) of work in the United States (as defined by the Social Security Act (SSA)). (Attach your SSA earnings statements. Do not count any quarters during which you received a means-tested public benefit.)


62.b. I am under 18 years of age, unmarried, immigrating as the child of a U.S. citizen, and will automatically become a U.S. citizen under the Child Citizenship Act of 2000 upon my admission to the United States.


62.c. I am applying under the widow or widower of a U.S. citizen (Form I-360) immigrant category.


62.d. I am applying under an alien worker (Form I-140) employment-based preference immigrant category and both of the following apply:


(1) I am not a relative of the Form I-140 petitioner; and


(2) I do not have a relative with a significant ownership interest (at least five percent) in the business that filed Form I-140.


62.e. I am applying under the alien entrepreneur (Form I-526) immigrant category.


62.f. I am applying under the human trafficking victim (T nonimmigrant, Form I-914) immigrant category.


62.g. I am applying under the diplomat or high ranking official unable to return home (Section 13 of the Act of September 11, 1957) immigrant category.



[Page 15]


62.h. I am a law enforcement officer filing this Form I-485 for an S nonimmigrant immigrant (or a qualifying family member).


62.i. I am applying under the Diversity Visa program immigrant category.


62.j. I am applying under one of the following special immigrant categories (select one):


(1) Armed forces (also known as the Six and Six program)

(2) Panama Canal Zone

(3) Certain broadcasters

(4) G-4 or NATO-6 employees and their family members

(5) International employees of the U.S. Government abroad

(6) Religious workers

(7) Certain physicians

(8) Employed by or on behalf of the U.S. Government…




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