Adjustment

The basics of adjustment to lawful permanent resident status

Required Forms:

Required initial evidence:

  • Identity document for Applicant (US driver license, passport, state ID, consular ID card/matricula) (cannot be expired);
  • Birth certificate for the Applicant (with translation);
  • Marriage certificate of Applicant (with translation) (for marriage and child/parent cases) and proof of valid marriage (proof of living together, children, financial commingling);
  • All divorce certificates of Applicant and Petitioner (if any) (with translation);
  • Proof of status of Petitioner (US birth certificate, US passport, green card);
  • Certified dispositions and reports of any arrests

Required proof of lawful entry:

  • Entry stamp in passport;
  • Paper I-94 Departure Record (paper for pre-2014 entries/website for post-2014 entries);
  • Border crossing card;
  • Other ways (ask attorney);
  • Exception – 245(i) (I-485 Supplement A required):
    • Petition (work or family) filed for Applicant before April 30, 2001 (no proof of lawful entry necessary but requires proof of old petition);
    • Petition filed between January 15, 1998 and April 30, 2001 (no proof of lawful entry necessary but requires proof of old petition AND proof of physical presence in US on (or within three months of) December 21, 2000;
  • Exception – – Having a child, spouse, spouse or parent who is or was in the military (see Parole in Place);

Affidavit of support:

  • Petitioner:
    • Federal tax return (1040) and all Wage Statements (W-2s) or Miscellaneous income (1099s) for current tax year;
    • Employment letter or six months paystubs/bank statements;
  • Joint sponsor
    • Proof of US citizenship/LPR status;
    • All other requirements above;
  • If Applicant has a REAL Social Security number, use a Social Security statement to check if waiver (I-864W) applies;
  • All Declaration of Self-Sufficiency evidence (see guide below)

Intake forms and successful case example

Please use these biographical information forms and an example of a successful application to help you properly file your case. Make sure to use the most recent version of the forms by clicking on the Required Forms links above.

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