Tag: I-485 adjustment of status

USCIS Waiver of Filing Fees

In addition to the timelines and stress of dealing with the government, many people find that the costliness of filing fees involved with visas and petitions prohibit them from proceeding with their Immigration issues.  The U.S. Citizenship and Immigration Services (USCIS) is funded largely by application and petition fees, however they have instituted a few policies which make it possible for certain individuals to have their Immigration Fees waived.  A person who seeks to have the fees waived must demonstrate an inability to afford to pay the fees associated with certain applications and forms.  The USCIS has created a form I-912 which will waive the fee for benefit services including but not limited to Applications to replace Permanent Resident cards, Applications for Travel Documents and Applications to Register Permanent Residence or Adjust Status.  In the case of the latter, Asylum seekers and/or battered or abused spouses may have their fees waived because of their special circumstances.  The granting of any fee waiver is at the sole discretion of the U.S. Citizenship and Immigration Services (USCIS) however an immigration attorney may help navigate through this difficult process.   As always, if you have any questions, please feel free to call us at (516) 858-2620!

 

I-485 Adjustment of Status

On July 5, 2011, in Immigration, by John A. Weber IV, ESQ.

I-485 Adjustment of Status

Recently, we have been receiving questions concerning the adjustment of status requirement for obtaining a Green Card.  When applying for a Green Card, you must first adjust your status from that of non-immigrant to permanent resident of the United States by filing an I-485 Application.  Where one files is determined by their category of eligibility.  Depending on their situation, one may have to file in Chicago, Vermont, Phoenix, Dallas or Nebraska.  The usual filing fee is over $1000 unless you fall under an exception such as age, refugee status, etc.  It is difficult to determine how long it will take to receive approval for an I-485 Application.  The process depends on many factors including petition category and security background checks.  You can check the status of your I-485 Application online, by phone/email or in person.  Not everyone is eligible to apply for Adjustment of Status including but not limited to persons not admitted or paroled following inspection by an immigration officer or someone whose authorized stay expired before filing their I-485 or cases of unauthorized employment.  Although not essential, it may often be beneficial for applicants to attain an Employment Authorization Document (EAD) or Advance Parole (AP) travel document.  In addition, drug or alcohol related offenses as well as arrests must be reported on the I-485 application.  If all of the paperwork is in order and satisfactory, it shouldn’t be long before one may receive their Green Card.   As always, if you have any questions regarding the immigration process, please feel free to call us at (516) 858-2620!

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