1. Between I-140 and I-485, which one is the major step on my road to green card?

 

I-140 is the major step. For most of the cases, approval of I-485 is a matter of time if your I-140 petition is approved and there are no bad acts on your part.

 

2. My I-140 is pending, is it possible that my I-140 is denied but my I-485 is approved?

 

No. Approval of I-485 is based on an approved I-140 petition. If your I-140 is denied, your I-485 is denied automatically.

 

3. If my I-140 is approved, is it possible that my I-485 denied?

 

Yes, it’s possible, but the chance is low. We will discuss the circumstances where an I-485 may be denied in question 5.

 

4. If my I-140 is approved, is it likely that my I-485 will be denied?

 

Yes, but the chance is very low for the most cases.

 

5. What are the grounds for I-485 denial if my I-140 is approved?

 

The followings are the grounds for an I-485 denial.  

 

a. Some crimes committed by the applicant. 

 

b. The applicant is out of status or illegally worked for over 180 days.

 

c. If the I-140 is employer-sponsored, the applicant changes job before I-485 has been pending for 180 days.  

 

d. The applicant drastically changes occupation or job field.

 

e. The applicant travels abroad without Advance Parole (H/L visa or status is excepted). 

 

f. The applicant’s failure to RFE or fingerprint.

 

6. I am in F-1 OPT and my H-1B will be effective on October 1, 2007. I plan to file I-485 in July. I have a trip abroad in September, may I apply H-1B visa in a US consulate abroad and come back with H-1B visa?

 

Yes, you can. You can apply an H-1B visa and come back with it

 

Does my trip affect my I-485?

 

It depends. If you travel and come back with H-1B visa, your I-485 is abandoned. If you travel come back with Advance Parole, your I-485 is still valid.

 

In the above situation, what should I do?

 

It’s a dilemma. If you travel and come back with H-1B visa, your I-485 is abandoned; if you travel and come back with Advance Parole, you are in parolee status, and you lose your H-1B status. You should evaluate the benefits and drawbacks of each situation. Our suggestion is that you travel outside the US after you are in H-1B status. You may come back with an H-1B visa and still keeps your I-485.

 

7. I will apply I-485, EAD and Advanced Parole in July. If I use my EAD to work after I get it, what is my status?

 

You are in I-485 pending status.

 

8. If I use an Advanced Parole to come back to the US, what is my status?

 

You are in Parolee status.

 

9. Is a parolee a valid legal status?

 

It is a legal stay pending your I-485.

 

10. What if my I-485 is denied if I am in parolee status?

 

You don’t have legal stay after I-485 is denied, and have to leave the U.S.

 

11. When should I use EAD or Advanced Parole?

 

We suggest you use EAD or Advance Parole only after your I-140 is approved. You will be in I-485 pending status if you use EAD or in parolee status if you use Advance Parole for reentry. But if your I-140 is approved, the chance of your I-485 being denied is very low if you follow the USCIS immigration regulations carefully. Then, it’s relatively safe to use EAD or Advance Parole after your I-140 is approved.

 

12. What are the original documents required for filing I-485?

 

a. Medical examination report; and

 

b. Your photos.

 

13. Do I need to submit a notarized copy of my birth certificate?

 

No, a photo copy is fine

 

14. Do I need to submit a notarized copy of my marriage license?

 

No, a photo copy is fine.

 

15. Because of the tax treaty between the US and China, I did not file my Federal Tax Return in 2005 and did not pay a tax. Is that a problem for my I-485 application?

 

No.

 

16. If I file I-485 in July and there is visa retrogression in the near future, will the USCIS approve my I-485?

 

Yes, when your visa number is available in the future and your security check is cleared, USCIS will approve your I-485. 

 

17. What is the benefit to have my I-485 pending while there will be visa retrogression in the near future?

 

With a pending I-485, you and your spouse can get EAD and Advance Parole, which provides great convenience to work and travel abroad.

 

In addition, even there is visa retrogression in the near future, USCIS will process your fingerprint and security check. When visa numbers are available for you again after the future retrogression and security check is cleared, your case can be approved.

 

18. How long does it take for USCIS to process I-485 cases?

 

It depends. If immigration numbers are available and your security check (name check) is cleared, it may take about 6 months to one year for USCIS to approve your I-485 case. Security check may delay the processing.

 

19. What is the next step after filing the I-485?

 

Waiting for fingerprint, FBI name check result and USCIS to approve your case.

 

20. How long does the name check last?

 

It depends, ranging from a few months to a couple of years.

 

21. My wife is abroad and I plan to apply I-485 in July. How can she get a green card?

 

She may come back to the US and file I-485 to join you. Alternatively, if she stays outside the US for a long time, when your I-485 is approved, she can get an immigrant visa through Consular Processing in a US consulate in the country of her residence or country of her birth.

 

22. My wife is outside the US and will come back to the US in September. I plan to apply I-485 in July. If there is visa retrogression for me in September, can she apply I-485 then as a derivative beneficiary?

 

No.

 

23. I will apply I-485 and am single now. If I get married later, can my spouse be benefited from my I-485?

 

It depends. Before your I-485 is approved, she can apply I-485 as a derivative beneficiary of your petition. After your I-485 is approved, she can on longer apply I-485 as a derivative beneficiary of your petition.

 

24. When is it too late to get married for the purpose of getting my spouse a green card?

 

It is too late to get married for the purpose of getting your spouse a green card when your I-485 is approved. Your spouse can submit an I-485 or take the Consular Processing to get a green card as a derivative beneficiary of your petition before your I-485 is approved. However, after your I-485 is approved, your spouse has to go through a family based immigration and it takes about five years..

 

25. What are the benefits to retain an attorney in I-485 applications?

 

The benefits include but are not limited to the following:

You can get professional consultations and suggestions from the attorney regarding some complicated issues related to your case.

If you change your address in the future, USCIS will send all the documents and inquiries to your attorney. Then, you will always be updated about the status of your case.

Immigration officers sometimes make inquiries (sometimes phone inquiries which we received from time to time) when they process a case, your attorney can provide prompt and effective communication with them.

An experienced attorney can help you prepare the forms and supporting documents faster and more accurate. However, this is not as important as the above benefits, as the forms are not very complicated.
 

26. I am in J-1 status and subject to the two years, may I apply I-485?

 

You may apply I-485 only after the two-year residency requirement is met or waived.

 

27. I was born in China. May I mail my NIW and I-485 to the USCIS at the end of June, 2007?

 

Yes, you can, but make sure USCIS receives it on or after July 1st.

 

28. I move around a lot and I am afraid that the USCIS will send something to me at an address where I am no longer living. What can I do? 

 

You should inform the USCIS of your new address. If you have retained an attorney to handle your case, your attorney will be notified with the information the USCIS sends to you. This is another reason why people retain attorneys to handle their cases.