Form I-485

Policy Memorandum on Adjudication of Adjustment of Status Applications for Individuals Admitted to the United States Under the Visa Waiver Program

This policy memorandum (PM) provides guidance on the adjudication of Form I-485, Application to Register or Adjust Status, filed by immediate relatives of U.S. citizens who were last admitted under the Visa Waiver Program (VWP). This PM updates the Adjudicator’s Field Manual (AFM) by adding a new section (j) to Chapter 10.3 and 23.5 (AFM Update AD11-30).

For more details on the memorandum please click the attachment

Immigration Law : 
Citizenship and Naturalization: 

Employment - Based I-485 Pending Inventory Updated

The “Pending Employment-Based Form I-485 Report,” displays the total number of pending adjustment of status applications, per preference classification. The report shows how many pending adjustment of status (green card) applications in each preference classification have priority dates in a given month and year.

Extension of Validity of Medical Certifications on Form I-693

This policy memorandum (PM) temporarily extends the validity of civil surgeon endorsements on Form I-693 for adjustment of status and temporary residence applicants.This PM updates the Adjudicator’s Field Manual (AFM) by revising Chapter 40.1(c), (AFM Update AD 13-13). The guidance contained in this PM is controlling and supersedes any prior guidance on the subject.

Click the attachment to read more about the memorandum.

Immigration Law : 

Ability to Pay

1. Is submitting consolidated returns and audited financial statements for a parent company and its wholly owned subsidiaries sufficient to meet the burden of proof for establishing the company’s ability to pay by a preponderance of the evidence? 2. Where an employee who is the beneficiary of an approved I-140 and is eligible for AC-21 portability ports to a new employer in the same or similar occupation, must the new employer demonstrate the ability to pay the proffered wage from the date of portability? 3. When adjudicating I-485 applications for portability-eligible individuals where the petitioning employer is no longer in business, does USCIS require the subsequent employer to satisfy both the ability-to-pay requirement and the bona fide offer of employment requirement from the date of the employee’s subsequent hire through the approval of adjustment of status? 4. Why are prorated net assets not sufficient evidence to support ability to pay? 5. Why is the Yates Memo not applied if a beneficiary’s W-2 indicates that the actual wage paid to him/her is at least as much as the beneficiary’s proffered wage for the prorated period?

1. USCIS says that it evaluates each consolidated financial statement on a caseby-case basis under the preponderance of evidence standard to determine whether the petitioner has the ability to pay the proffered wage.

2. USCIS says that, in this situation, the new employer is not obligated to demonstrate the ability to pay from the date of portability.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Locating A Long-Pending I-485 Application and Priority Dates

1.How can I locate a long-pending I-485 application that has been transferred multiple times and appears to be “lost”? 2.When the priority date is going to become current for an individual with a long-pending I-485 application, is it advisable to send an advance email to USCIS?

1. According to USCIS, if you have an old I-485 that has been transferred multiple time and you do not know where the case is, you should call USCIS.  It is advisable to follow up in case no useful answer is forthcoming.  USCIS aims to keep close control over its case inventory and tracks cases to make sure all the parts stay together and get adjudicated together.

It is also important for the attorney of record (using Form G-28) and the applicant (using Form AR-11) to keep USCIS apprised of any changes of address.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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USCIS Publishes Policy Memo on Acceptance of Diversity Visa-Related I-485 Applications During the Advanced Notification Period Reflected in the Visa Bulletin

  • USCIS policy memo indicating that the listing of the advance notification of Diversity Visa (DV) availability in the Visa Bulletin enables the filing of DV adjustment applications with DV numbers ranked below the specified cut-off number, even though a visa is not yet available.
  • Pleae check the attached Policy memo.

L-1 to GC

I am on L-1 visa until 2015, according to my employer's attorney the I-140 form was already approved, now my employer does not want to continue with the I-485 form process (because they don't want to pay attorney's fees) and will not release any information related to my case, do I have any chance to continue with the GC process by myself? Or will I be facing deportation at the L-1 visa expiration date?

There is no problem with you paying the I-485 fees. But the employer must be involved to the extent that they need to provide a (truthful) letter evidencing continuity of your employment.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Guestbook Entry for Irtaza, United States

Name: 
Irtaza
Profession/Occupation: 
Green Card: 
State: 
Viriginia
Country: 
United States
Comment: 
Hi, My GC process is being handled by My Rajiv Khanna’s Office and I would say that Mr Khanna is very professional in answering the queries whatsoever. My experience with him and his team has been very pleasant.

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