Application to Adjust Status from Temporary to Permanent Resident

OMB No. 1615-0035; Expires 08/31/08

Department of Homeland Security
U.S. Citizenship and Immigration Services

Instructions for I-698, Application to Adjust Status
From Temporary to Permanent Resident
(Under Section 245A of the INA)

Instructions
Please read these instructions carefully to properly complete this form. If you need more space to complete an answer, use a
separate sheet(s) of paper. Write your name and Alien Registration Number (A #), if any, at the top of each sheet of paper
and indicate the section and number of the item to which the answer refers.

What Is the Purpose of This Form?
This form should be used by a person who has been granted
temporary residence under section 245A of the Immigration
and Nationality Act (INA) to apply to U.S. Citizenship and
Immigration Services (USCIS) to adjust to permanent resident
status. The application is made pursuant to section 245A, of
the INA, as amended by the Immigration Reform and Control
Act of 1986 and section 902 of the U.S. Department of State
Authorization Bill of 1987.

Who May File This Application?
In order to be found eligible for permanent residence under
section 245A, you must:
1. Apply for such adjustment during the one- year period
beginning with the 19th month that begins after the date
you were granted such temporary resident status.
2. Reside continuously in the United States; that is, since
becoming a temporary resident alien, no single absence
from the United States exceeded 30 days, or the total of all
absences has not exceeded 90 days.
If you are absent from the United States for more than 30
days, or for more than 90 days in the aggregate, during the
period for which continuous residence is required for
adjustment to permanent residence, you will break the
continuity of your residence unless you can establish to the
satisfaction of USCIS that you did not, in fact abandon
your residence in the United States during that period.
2. Establish admissibility under section 212(a) of the INA.
In determining the admissibility of an applicant, the
provisions of sections 212(a)(6)(A) and 212(a)(7) of the
INA shall not apply to applicants for adjustment of status
as a lawful temporary or permanent resident under section
245A of the INA.
The following grounds of inadmissibility may not be
waived by the Secretary of Homeland Security:
A. Section 212(a)(2)(A)(i)(I) (crimes involving moral
turpitude);

B. Section 212(a)(2)(A)(i)(II) (crimes involving controlled
substances, except for the portion of that paragraph
relates to a single offense of simple possession of 30
grams or less of marijuana);
C. Section 2312(a)(2)(B) (multiple criminal convictions);
D. Section 212(a)(2)(C) (controlled substance
traffickers);
E. Section 212(a)(3) (security and related grounds); and
F. Section 212(a)(4) (public charge). Except this
prohibition does not apply to an alien who is or was an
aged blind or disabled individual (as defined in section
1614(a)(1)of the Social Security Act. An alien is not
ineligible for adjustment of status due to being
inadmissible under section 212(a)(4) if the alien
demonstrates a history of employment in the United
States evidencing self-support without receipt of public
cash assistance. Special adjudication standards
regarding public charge contained in any settlement
agreements apply.
All other grounds of inadmissibility may be waived by the
Secretary of Homeland Security. In order to seek such a
waiver, you must submit a Form I-690, Application for
Waiver of Grounds of Excludability.
4. Have not been convicted of any felony or three or more
misdemeanors committed in the United States;
5. Be able to demonstrate that you either:
A. Meet the requirements of Section 312 of the INA, as
amended (relating to a minimal understanding of
ordinary English and a knowledge and understanding
of the history and Government of the United States;
or
B. Are satisfactorily pursuing a course of study
recognized by the Secretary of Homeland Security to
achieve understanding of English and knowledge and
understanding of the history and Government of the
United States. You can obtain additional information
about available courses by contacting your local
USCIS District Office.
Form I-698 Instructions (Rev. 05/27/08)Y

General Instructions
Medical Examination
A medical examination (Form I-693) is required only for
those applicants who were not given a serologic test for
human immunodeficiency virus (HIV) infection as part of
their medical examination when applying for temporary
residence.
If you are 15 years of age or older and your medical
examination for temporary residence did not include a
serologic test for HIV, you should choose a doctor from a list
of doctors or clinics in your area that have been approved by
USCIS to perform medical examinations and make
arrangements with the doctor or clinic to have a serologic test
for HIV.

Passport-style photos must be 2" x 2." The photos must be in
color with full face, frontal view on a white to off-white
background. Head height should measure 1" to 1 3/8" from top
of hair to bottom of chin, and eye height is between 1 1/8" to 1
3/8" from bottom of photo. Your head must be bare unless
you are wearing a headdress as required by a religious order of
which you are a member. Using pencil or felt pen, lightly
print your name and Alien Receipt Number on the back of the
photo.

1. Name Changes
If your name has changed, you must submit a certified
copy of the decree of the court or marriage certificate, as
appropriate. A married woman may file her application
under either her maiden or current married name.

2. Copies

NOTE: If you must comply with this requirement, you do
not have to undergo another complete medical examination.
The medical examination form needs only to reflect the results
of the serologic test.

If these instructions tell you to submit a copy of a
particular document, you should send a copy. If there are
stamps, remarks notations, etc., on the back of the original
document(s), also provide a copy of the back of the
document(s).

Address Changes

If you choose to send an original document, you should
also submit a copy so USCIS can return the original to
you. If you do not provide a copy along with the original,
USCIS will attach the original document to your petition,
and the original document may not be returned to you.

If you change your address and you have an application or
petition pending with USCIS, you may change your address
online at www.uscis.gov, click on "Change your address with
USCIS," and follow the prompts or by completing and mailing
Form AR-11, Alien's Change of Address Card, to:
U.S. Citizenship and Immigration Services
Change of Address
P.O. Box 7134
London, KY 40742-7134
For commercial overnight or fast freight services only, mail to:
U.S. Citizenship and Immigration Services
Change of Address
1084-I South Laurel Road
London, KY 40744

Photographs
You must submit two identical color photographs of yourself
taken within 30 days of the filing of this application. The
photos must have a white to off-white background, be printed
on thin paper with a glossy finish, and be unmounted and
unretouched.

There are times when USCIS must request an original
copy of a document. In that case, the original is usually
returned after it has been reviewed.
If you are interviewed, however, the original documents
must be presented whenever possible at that time except
for the following: official government records;
employment or employment related records maintained by
employers, unions, or collective bargaining organizations;
medical records; school records maintained by a school or
school board; or other records maintained by a party other
than the applicant.
Copies of these records must be endorsed as true and
correct and must bear the signature and title of persons
authorized to act on their behalf. All certified copies of
documents become the property of the USCIS. At the
discretion of a USCIS district director, original documents,
even if accompanied by certified copies, may be
temporarily retained.
NOTE: It is recommended that you retain copies of your
application and supporting documents for your records.
Form I-698 Instructions (Rev. 05/27/08)Y Page 2

3. Translations
Any document in a foreign language must be accompanied
by a full translation into English. The translator must
certify that he or she is competent to translate the
document into English and that the translation is accurate.

4. Additional Sheets
If you do not have enough space to answer any particular
question on this form, attach additional sheets. On each
sheet indicate your name, date of birth, A-number (if
available) and Social Security Number (if available), and
note, also the number of the question to which you are
replying.

Where to File?
For U.S. Postal Service (USPS) deliveries, use the following
P.O. Box number:
USCIS
Box 805887
Chicago, IL 60680-4120
For courier/express deliveries, use the following address:
USCIS
Attn: I-698
131 South Dearborn - 3rd Floor
Chicago, IL 60603-5517

What Is the Filing Fee?
The filing fee for the Form I-698 is $1,370
If the application is filed within 31 months from the date of
approval of temporary residence, the base fee is $1,410.
The adjustment date is the date of filing the application for
permanent residence or the applicants eligibility date,
whichever is later.
Each applicant must also pay a $80 biometrics services fee for
fingerprinting, unless under 14 or older than 79 years. If
necessary USCIS may also take an applicants photograph and
signature as part of the biometric services.
1. The check or money order must be drawn on a bank or
other financial institution located in the United States and
must be payable in U.S. currency; and

2. Make the check or money order payable to U.S.
Department of Homeland Security, unless:
A. If you live in Guam and are filing your petition there,
make it payable to Treasurer, Guam.
B. If you live in the U.S. Virgin Islands and are filing your
petition there, make it payable to Commissioner of
Finance of the Virgin Islands.
NOTE: Please spell out U.S. Department of Homeland
Security; do not use the initials "USDHS" or "DHS."
Notice to Those Making Payment by Check. If you send us
a check, it will be converted into an electronic funds transfer
(EFT). This means we will copy your check and use the
account information on it to electronically debit your account
for the amount of the check. The debit from your account will
usually take 24 hours and will be shown on your regular
account statement.
You will not receive your original check back. We will
destroy your original check, but we will keep a copy of it. If
the EFT cannot be processed for technical reasons, you
authorize us to process the copy in place of your original
check. If the EFT cannot be completed because of
insufficient funds, we may try to make the transfer up to two
times.

How to Check If the Fees Are Correct
The form and biometric fees on this form are current as of the
edition date appearing in the lower right corner of this page.
However, because USCIS fees change periodically, you can
verify if the fees are correct by following one of the steps
below:
1. Visit our website at www.uscis.gov, select "Immigration
Forms," and check the appropriate fee;
2. Review the Fee Schedule included in your form package, if
you called us to request the form; or
3. Telephone our National Customer Service Center at
1-800-375-5283 and ask for the fee information.
NOTE: If your application requires payment of a biometric
service fee for USCIS to take your fingerprints, photograph, or
signature, you can use the same procedure to obtain the correct
biometric fee.

Form I-698 Instructions (Rev. 05/27/08)Y Page 3

Processing Information
If Form I-698 is not signed or accompanied by the correct
fee, it will be rejected with a notice that the Form I-698 is
deficient. You may correct the deficiency and resubmit the
Form I-698. An application or petition is not considered
properly filed until accepted by USCIS.
Initial processing. Once the Form I-698 has been accepted, it
will be checked for completeness, including submission of the
required initial evidence. If you do not completely fill out the
form, or file it without required initial evidence, you will not
establish a basis for eligibility, and we may deny your Form
I-698.
Requests for more information or interview. We may
request more information or evidence, or we may request that
you appear at a USCIS office for an interview. We may also
request that you submit the originals of any copy. We will
return these originals when they are no longer required.
Decision. The decision on Form I-698 involves a
determination of whether you have established eligibility for
the requested benefit. You will be notified of the decision in
writing.

USCIS Forms and Information
To order USCIS forms, call our toll-free number at
1-800-870-3676. You can also get USCIS forms and
information on immigration laws, regulations, and procedures
by telephoning our National Customer Service Center at
1-800-375-5283 or visiting our Internet website at www.uscis.
gov.
As an alternative to waiting in line for assistance at your local
USCIS office, you can now schedule an appointment through
our Internet-based system, InfoPass. To access the system,
visit our website. Use the InfoPass appointment scheduler and
follow the screen prompts to set up your appointment.
InfoPass generates an electronic appointment notice that
appears on the screen.

Relief From Job Discrimination
Section 274B of the Immigration and Nationality Act
prohibits discrimination in employment hiring and firing
based on an individual's national origin or citizenship status.
For additional information concerning immigration related
unfair employment, contact the U.S. Department of Justice
Office of Special Counsel for Immigration Related Unfair
Employment Practices by mail at P.O. Box 65490
Washington, D.C. 20035-7688 or by telephone at
1-800-255-7688 or 202-653-8121; or 202-653-5710 for the
hearing impaired.

Privacy Act Notice
We ask for the information on this form, and associated
evidence, to determine if you have established eligibility for
the immigration benefit for which you are filing. Our legal
right to ask for this information can be found in the
Immigration and Nationality Act, as amended. We may
provide this information to other government agencies. Failure
to provide this information, and any requested evidence, may
delay a final decision or result in denial of your Form I-698.

Paperwork Reduction Act
An agency may not conduct or sponsor an information
collection and a person is not required to respond to a
collection of information unless it displays a currently valid
OMB control number. The public reporting burden for this
collection of information is estimated at 1 hour per response,
including the time for reviewing instructions and completing
and submitting the form. Send comments regarding this
burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden,
to: U.S. Citizenship and Immigration Services, Regulatory
Management Division, 111 Massachusetts Avenue, N.W., 3rd
Floor, Suite 3008, Washington, DC 20529. OMB No.
1615-0035. Do not mail your application to this address.

Penalties
If you knowingly and willfully falsify or conceal a material
fact or submit a false document with this request, we will
deny the benefit you are filing for, and may deny any other
immigration benefit. In addition, you will face severe
penalties provided by law and may be subject to criminal
prosecution.
Form I-698 Instructions (Rev. 05/27/08)Y Page 4