Application to Register Permanent Residence or Adjust Status

Forms and Documents

Document Name	Status
Form I-485 Supplement A Application to Register Permanent Residence or Adjust Status Form	Modified
Final I-485 TOC 11-19-09 (3).doc Supplementary Document	2009-12-03
I-485 TOC 8-20-09.doc Supplementary Document	2009-08-28
Reference Citations I-485[1].doc Supplementary Document	2009-08-28
30 Day Notice published 8-28-09.doc Supplementary Document	2009-08-28
Published 60-Day Notice 6-11-09.doc Supplementary Document	2009-08-28
I-485 SUPPORT STAT - 12-3-09.doc Supporting Statement A	2009-12-03

IC Document Collections

IC ID	Document Title	Status
43925	Application to Register Permanent Residence or Adjust Status Form	Modified

ICR Details

OMB Control No: 1615-0023	ICR Reference No: 200908-1615-013
Status: Historical Active	Previous ICR Reference No: 200812-1615-004
Agency/Subagency: DHS/USCIS	Agency Tracking No:
Title: Application to Register Permanent Residence or Adjust Status
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 12/03/2009
	Date Received in OIRA: 09/18/2009
Terms of Clearance: Approved for only one year due to lack of GPEA compliance. DHS is reminded to clearly state the reasons for any burden or cost changes in the Supporting Statement.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2010	36 Months From Approved	12/31/2009
Responses	649,809	0	583,921
Time Burden (Hours)	3,875,095	0	3,656,658
Cost Burden (Dollars)	536,349,260	0	589,760,210

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Abstract: The information on Form I-485 will be used to request and determine eligibility for adjustment of permanent residence status. Supplement A is used to adjust status under section 245(i) of the Immigration and Nationality Act (Act). Supplement E provides evidentiary requirements for T and U applicants to submit to adjust status.

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Authorizing Statute(s): US Code: 8 USC 1255 Name of Law: U.S. Code
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	74 FR 27811	06/11/2009
30-day Notice:	Federal Register Citation:	Citation Date:
	74 FR 44375	08/28/2009
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Application to Register Permanent Residence or Adjust Status	I-485 Supplement A, Form I-485	Adjustment of Status Under Section 245(i)

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	649,809	583,921	0	65,888	0	0
Annual Time Burden (Hours)	3,875,095	3,656,658	0	218,437	0	0
Annual Cost Burden (Dollars)	536,349,260	589,760,210	0	-53,410,950	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: There is an increase of 218,437 in the annual burden hours. This increase is due to an increase in the number of respondents who will be submitting Supplement E of Form I-485, which provides additional instructions to T and U nonimmigrant status holders seeking to adjust their status and includes documentation requirements not found on Form I-485 itself. However, there has been a decrease of $53,410,950 in the annual cost. When USCIS submitted an OMB Correction Worksheet (OMB 83-C) to OMB on July 16, 2007, USCIS inadvertently included the $930 fee for all applicants submitting the Form I-485. USCIS did not break down the cost of those submitting the $930 (over 14 years of age), and those submitting $600 (under 14 years of age. This update rectifies that error.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 09/18/2009

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