I-485 Form TOC

TABLE OF CHANGES – FORM

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

OMB Number: 1615-0023

02/10/2021

Reason for Revision: Public Charge Rule Recission

Legend for Proposed Text:

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Expires 10/31/2020

Edition Date 10/15/2019

Current Page Number and Section	Current Text	Proposed Text
Page 1-3, Part 1. Information About You (Person applying for lawful permanent residence)	[Page 1] Part 1. Information About You (Individual applying for lawful permanent residence) Your Current Legal Name (do not provide a nickname) 1.a. Family Name (Last Name) 1.b. Given Name (First Name) 1.c. Middle Name … 6. Gender Male Female … Alternate and/or Safe Mailing Address If you are applying based on the Violence Against Women Act (VAWA) or as a special immigrant juvenile, human trafficking victim (T nonimmigrant), or victim of qualifying criminal activity (U nonimmigrant) and you do not want USCIS to send notices about this application to your home, you may provide an alternative and/or safe mailing address. …	[Page 1] Part 1. Information About You (Person applying for lawful permanent residence) Your Current Legal Name (do not provide a nickname) 1.a. Family Name (Last Name) 1.b. Given Name (First Name) 1.c. Middle Name … 6. Sex Male Female … Alternate and/or Safe Mailing Address If you are applying based on the Violence Against Women Act (VAWA) or as a special immigrant juvenile, human trafficking victim (T nonimmigrant), or victim of a qualifying crime (U nonimmigrant) and you do not want USCIS to send notices about this application to your home, you may provide an alternative and/or safe mailing address. …
Page 3-5, Part 2. Application Type or Filing Category	[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 spouse of a U.S. citizen, parent of a U.S. citizen if the U.S. citizen is 21 years of age or older, and unmarried child under 21 years of age 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. Individual 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, 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 members (also known as the Six and Six program), Form I-360 4.g. Panama Canal Zone employees, Form I-360 4.h. Certain Physicians, 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 Victim of Qualifying Criminal Activity 6.a. Human trafficking victim (T Nonimmigrant), Form I-914 or derivative family member, Form I-914A 6.b. Victim of Qualifying Criminal Activity (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. Applicant adjusting under the Cuban Adjustment Act 7.b. Applicant adjusting under the Cuban Adjustment Act for battered spouses and children 7.c. Applicant adjusting based on dependent status under the Haitian Refugee Immigrant Fairness Act 7.d. Applicant adjusting based on 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. Applicant adjusting under the Indochinese Parole Adjustment Act of 2000 7.h. Applicant adjusting under the 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, Form I-140.” 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 the 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 10. Regardless of the immigrant category you are adjusting under, do you hold: VAWA self-petitioner status Yes/No Victim of Qualifying Criminal Activity (U nonimmigrant) status Yes/No Human trafficking victim (T nonimmigrant) status Yes/No INA Section 245(i) 11. 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. 12. Receipt Number of Underlying Petition (if any) 13. Priority Date from Underlying Petition (if any) (mm/dd/yyyy) [Page 5] 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 14.a. Family Name (Last Name) 14.b. Given Name(First Name) 14.c. Middle Name 15. Principal Applicant's A-Number (if any) 16. Principal Applicant's Date of Birth (mm/dd/yyyy) 17. Receipt Number of Principal's Underlying Petition (if any) 18. Priority Date of Principal Applicant's Underlying Petition (if any) (mm/dd/yyyy)	[Page 3] Part 2. Application Type or Filing Category [Delete] 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 [Delete] 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 [Delete] 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 [Delete] 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 [Delete] [] Other eligibility [Fillable field] [Delete] 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 8-9, Part 5. Information About Your Marital History	[Page 8] Part 5.  Information About Your Marital History 1. What is your current marital status? Single, Never Married Married Divorced Widowed Marriage Annulled Legally Separated 2. If you are married, is your spouse a current member of the U.S. armed forces or U.S. Coast Guard? N/A Yes No 3. How many times have you been married (including annulled marriages and marriages to the same individual)? …	[Page 8] Part 5.  Information About Your Marital History 1. What is your current marital status? Single, Never Married Married Divorced Widowed Marriage Annulled Legally Separated 2. If you are married, is your spouse a current member of the U.S. armed forces or U.S. Coast Guard? N/A Yes No 3. How many times have you been married (including annulled marriages and marriages to the same person)? …
Page 10-16, Part 8. General Eligibility and Inadmissibility Grounds	[Page 10] Part 8. General Eligibility and Inadmissibility Grounds … NOTE: If you answered “Yes” to any part of Item Numbers 52. - 60., explain what occurred, including the dates and location of the circumstances, in the space provided in Part 14. Additional Information. [New] Public Charge Those who are subject to the public ground of inadmissibility under INA section 212(a)(4) must complete Form I-944, Declaration of Self-Sufficiency, and may also have to submit Form I-864, Affidavit of Support under Section 213A of the INA. Answer the questions below to determine whether you need to submit these forms together with this Form I-485. Declaration of Self-Sufficiency (Form I-944) 61. Are you exempt from the public charge ground of inadmissibility? Yes/No To determine if you are exempt from the public charge ground of inadmissibility, and therefore 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., and proceed to Item Number 63.a. If you answered “No,” complete Form I-944 and include it with your Form I-485 filing, and 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, 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 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, 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. 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: I am not a relative of the Form I-140 petitioner; and I do not have a relative with a significant ownership interest (at least five percent) in the business that filed the 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) immigrant category (INA section 245(l)). 62.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, at the time of the adjudication of the adjustment application, your Form I-914 is longer pending a decision or you are no longer in valid T nonimmigrant status, you may be required to submit a Form I-944 and Form I-864. 62.h. [ ] I am applying under the victim of qualifying criminal activity (U nonimmigrant) immigrant category (INA section 245(m)). [Page 15] 62.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 a Form I-944 and a Form I-864. 62.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. 62.k. [ ] I am a law enforcement officer filing this Form I-485 for an S nonimmigrant immigrant (or a qualifying family member). 62.l. [ ] I am applying under the Diversity Visa program immigrant category. 62.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 62.n. [ ] I am applying under the Amerasian Act (October 22, 1982) Illegal Entries and Other Immigration Violations …	[Page 9] Part 8. General Eligibility and Inadmissibility Grounds … NOTE: If you answered “Yes” to any part of Item Numbers 52. - 60., explain what occurred, including the dates and location of the circumstances, in the space provided in Part 14. Additional Information. 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 [Delete] [No change] …

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