I-485 Form Table of Changes

I485-014-FRM-TOC-AffidavitofSupportRule-08182020.docx

Application to Register Permanent Residence or Adjust Status

I-485 Form Table of Changes

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

08/18/2020


Reason for Revision: Affidavit of Support Rule NPRM


Legend for Proposed Text:

  • Black font = Current text

  • Red font = Changes


Expires 07/31/2021

Edition Date 07/15/2019



Current Page Number and Section

Current Text

Proposed Text

Page 3, Part 2. Application Type or Filing Category

[Page 3]



1.f. Special Programs Based on Certain Public Laws



Indochinese Parole Adjustment Act of 2000


[new]







[Page 3]



1.f. Special Programs Based on Certain Public Laws



Indochinese Parole Adjustment Act of 2000


Applicant adjusting under the Amerasian Homecoming Act of 1987, Form I-360


Applicant adjusting under the Liberian Refugee Immigrant Fairness Act of 2019


Pages 9-14,

Part 8. General Eligibility and Inadmissibility Grounds

[Page 13]



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


[new]






















































































































Illegal Entries and Other Immigration Violations


63.a. Have you EVER failed or refused to attend or to remain in attendance at any removal proceeding filed against you on or after April 1, 1997? Yes/No


63.b. If your answer to Item Number 63.a. is "Yes," do you believe you had reasonable cause? Yes/No


63.c. If your answer to Item Number 63.b. is "Yes," attach a written statement explaining why you had reasonable cause.


64. Have you EVER submitted fraudulent or counterfeit documentation to any U.S. Government official to obtain or attempt to obtain any immigration benefit, including a visa or entry into the United States? Yes/No


65. Have you EVER lied about, concealed, or misrepresented any information on an application or petition to obtain a visa, other documentation required for entry into the United States, admission to the United States, or any other kind of immigration benefit?

Yes/No


66. Have you EVER falsely claimed to be a U.S. citizen (in writing or any other way)?

Yes/No


67. Have you EVER been a stowaway on a vessel or aircraft arriving in the United States?

Yes/No

68. Have you EVER knowingly encouraged, induced, assisted, abetted, or aided any foreign national to enter or to try to enter the United States illegally (alien smuggling)? Yes/No


69. Are you under a final order of civil penalty for violating INA section 274C for use of fraudulent documents? Yes/No


Removal, Unlawful Presence, or Illegal Reentry After Previous Immigration Violations


70. Have you EVER been excluded, deported, or removed from the United States or have you ever departed the United States on your own after having been ordered excluded, deported, or removed from the United States? Yes/No


71. Have you EVER entered the United States without being inspected and admitted or paroled? Yes/No


Since April 1, 1997, have you been unlawfully present in the United States:


72.a. For more than 180 days but less than a year, and then departed the United States?

Yes/No


72.b. For one year or more and then departed the United States? Yes/No


NOTE: You were unlawfully present in the United States if you entered the United States without being inspected and admitted or inspected and paroled, or if you legally entered the United States but you stayed longer than permitted.


[Page 14]


Since April 1, 1997, have you EVER reentered or attempted to reenter the United States without being inspected and admitted or paroled after:


73.a. Having been unlawfully present in the United States for more than one year in the aggregate? Yes/No


73.b. Having been deported, excluded, or removed from the United States? Yes/No


Miscellaneous Conduct


74. Do you plan to practice polygamy in the United States? Yes/No


75. Are you accompanying another foreign national who requires your protection or guardianship but who is inadmissible after being certified by a medical officer as being helpless from sickness, physical or mental disability, or infancy, as described in INA section 232(c)? Yes/No


76. Have you EVER assisted in detaining, retaining, or withholding custody of a U.S. citizen child outside the United States from a U.S. citizen who has been granted custody of the child? Yes/No


77. Have you EVER voted in violation of any Federal, state, or local constitutional provision, statute, ordinance, or regulation in the United States? Yes/No


78. Have you EVER renounced U.S. citizenship to avoid being taxed by the United States? Yes/No


Have you EVER:


79.a. Applied for exemption or discharge from training or service in the U.S. armed forces or in the U.S. National Security Training Corps on the ground that you are a foreign national?

Yes/No


79.b. Been relieved or discharged from such training or service on the ground that you are a foreign national? Yes/No

79.c. Been convicted of desertion from the U.S. armed forces? Yes/No


80.a. Have you EVER left or remained outside the United States to avoid or evade training or service in the U.S. armed forces in time of war or a period declared by the President to be a national emergency? Yes/No


80.b. If your answer to Item Number 80.a. is “Yes,” what was your nationality or immigration status immediately before you left (for example, U.S. citizen or national, lawful permanent resident, nonimmigrant, parolee, present without admission or parole, or any other status)?

[Fillable field]


[Page 13]



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


I am EXEMPT from filing Form I-864 because:


63.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).


63.b. I am under 18 years of age, unmarried, immigrating as the child of a U.S. citizen, am not likely to become a public charge and will automatically become a U.S. citizen under INA section 320 upon my admission to the United States.


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


63.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.


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


63.f. I am applying under the human trafficking victim (T nonimmigrant) immigrant category (INA section 245(l)).


63.g. I am applying under a category other than the human trafficking victim (T nonimmigrant) category (INA section 245(l)), or as an alien worker under the employment-based preference categories where a relative filed Form I-140 for me or has a five percent or more ownership interest in the business that filed Form I-140, and I either have a pending application for T nonimmigrant status or I am an individual who is in valid T nonimmigrant status.


NOTE: If, when USCIS adjudicates your adjustment application, your Form I-914 is no longer pending a decision or you are no longer in valid T nonimmigrant status, you may have to submit a Form I-944 and Form I-864.


63.h. I am applying under the victim of qualifying criminal activity (U nonimmigrant) immigrant category (INA section 245(m)).


63.i. I am applying under a category other than the victim of qualifying criminal activity (U nonimmigrant) category under INA section 245(m) or as an alien worker under the employment-based preference categories where a relative filed Form I-140 for me or has a five percent or more ownership interest in the business that filed Form I-140, but I either have a pending petition for U nonimmigrant status or I am an individual who is granted U nonimmigrant status.


NOTE: If, at the time of the adjudication of the Form I-485, your Form I-918 is no longer pending a decision or you are no longer in valid U nonimmigrant status, you may be required to submit Form I-944 and Form I-864.


63.j. 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.


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


63.l. [ ] I am applying under the Diversity Visa program immigrant category.


63.m. [ ] I am applying under one of the following special immigrant categories (select one):


[ ] Armed Forces (also known as the Six and Six program)

[ ] Panama Canal Zone

[ ] Certain broadcasters

[ ] G-4 or NATO-6 employees and their family members

[ ] International employees of the U.S. Government abroad

[ ] Religious workers

[ ] Certain physicians

[ ] Employed by or on behalf of the U.S. Government


63.n. [ ] I am applying under the Amerasian Act (October 22, 1982)


63.o. [ ] Applicant adjusting under the Amerasian Homecoming Act of 1987, Form I-360


63.p. [ ]Applicant adjusting under the Liberian Refugee Immigrant Fairness Act of 2019


Illegal Entries and Other Immigration Violations


64.a. Have you EVER failed or refused to attend or to remain in attendance at any removal proceeding filed against you on or after April 1, 1997? Yes/No


64.b. If your answer to Item Number 64.a. is "Yes," do you believe you had reasonable cause? Yes/No


64.c. If your answer to Item Number 64.b. is "Yes," attach a written statement explaining why you had reasonable cause.


65. Have you EVER submitted fraudulent or counterfeit documentation to any U.S. Government official to obtain or attempt to obtain any immigration benefit, including a visa or entry into the United States? Yes/No


66. Have you EVER lied about, concealed, or misrepresented any information on an application or petition to obtain a visa, other documentation required for entry into the United States, admission to the United States, or any other kind of immigration benefit?

Yes/No


67. Have you EVER falsely claimed to be a U.S. citizen (in writing or any other way)?

Yes/No


68. Have you EVER been a stowaway on a vessel or aircraft arriving in the United States?

Yes/No

69. Have you EVER knowingly encouraged, induced, assisted, abetted, or aided any foreign national to enter or to try to enter the United States illegally (alien smuggling)? Yes/No


70. Are you under a final order of civil penalty for violating INA section 274C for use of fraudulent documents? Yes/No


Removal, Unlawful Presence, or Illegal Reentry After Previous Immigration Violations


71. Have you EVER been excluded, deported, or removed from the United States or have you ever departed the United States on your own after having been ordered excluded, deported, or removed from the United States? Yes/No


72. Have you EVER entered the United States without being inspected and admitted or paroled? Yes/No


Since April 1, 1997, have you been unlawfully present in the United States:


73.a. For more than 180 days but less than a year, and then departed the United States?

Yes/No


73.b. For one year or more and then departed the United States? Yes/No


NOTE: You were unlawfully present in the United States if you entered the United States without being inspected and admitted or inspected and paroled, or if you legally entered the United States but you stayed longer than permitted.


[Page 14]


Since April 1, 1997, have you EVER reentered or attempted to reenter the United States without being inspected and admitted or paroled after:


74.a. Having been unlawfully present in the United States for more than one year in the aggregate? Yes/No


74.b. Having been deported, excluded, or removed from the United States? Yes/No


Miscellaneous Conduct


75. Do you plan to practice polygamy in the United States? Yes/No


76. Are you accompanying another foreign national who requires your protection or guardianship but who is inadmissible after being certified by a medical officer as being helpless from sickness, physical or mental disability, or infancy, as described in INA section 232(c)? Yes/No


77. Have you EVER assisted in detaining, retaining, or withholding custody of a U.S. citizen child outside the United States from a U.S. citizen who has been granted custody of the child? Yes/No


78. Have you EVER voted in violation of any Federal, state, or local constitutional provision, statute, ordinance, or regulation in the United States? Yes/No


79. Have you EVER renounced U.S. citizenship to avoid being taxed by the United States? Yes/No


Have you EVER:


80.a. Applied for exemption or discharge from training or service in the U.S. armed forces or in the U.S. National Security Training Corps on the ground that you are a foreign national?

Yes/No


80.b. Been relieved or discharged from such training or service on the ground that you are a foreign national? Yes/No

80.c. Been convicted of desertion from the U.S. armed forces? Yes/No


81.a. Have you EVER left or remained outside the United States to avoid or evade training or service in the U.S. armed forces in time of war or a period declared by the President to be a national emergency? Yes/No


81.b. If your answer to Item Number 81.a. is “Yes,” what was your nationality or immigration status immediately before you left (for example, U.S. citizen or national, lawful permanent resident, nonimmigrant, parolee, present without admission or parole, or any other status)?

[Fillable field]



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