Application to Adjust Status from Temporary to Permanent Resident

OMB No. 1615-0035; Expires 09/30/09

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

Instructions for Form I-698, Application to Adjust
Status From Temporary to Permanent Resident

What Is the Purpose of This Form?
Form I-698, Application to Adjust Status From Temporary to
Permanent Resident (Under Section 245A of the INA) is 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
under 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.

(Under Section 245A of the INA)

B. Section 212(a)(2)(A)(i)(II) (crimes involving controlled
substances, except for a single offense of simple
possession of 30 grams or less of marijuana);

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Who May File This Application?

To be eligible for permanent residence under section 245A of
the INA, you must:
1. Apply for adjustment during the 1 year period beginning
with the 19th month that begins after the date you were
granted temporary resident status.

2. Reside continuously in the United States 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 a total of 90 days, 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.
3. 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 will not apply to an applicant for adjustment of status
as a lawful temporary or permanent resident under section
245A of the INA.

C. Section 212(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 showing 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 a waiver,
you must submit a Form I-690, Application for Waiver of
Grounds of Inadmissibility.
4. Have not been convicted of any felony or three or more
misdemeanors committed in the United States; and
5. Be able to demonstrate that you either:

A. Meet the requirements of Section 312 of the INA
(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 may obtain additional information
about available courses by contacting your local
USCIS District Office.

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);

Form I-698 Instructions (Rev. 08/19/09) N

General Instructions
Medical Examination
Form I-693, Medical Examination of Aliens Seeking
Adjustment of Status, 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.

Photographs
You must submit two identical color photographs of yourself
taken within 30 days of filing 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.

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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.

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.

Address Changes

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 you may complete and
mail 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

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 a pencil or felt pen, lightly
print your name and Alien Registration Number (A-Number)
on the back of the photo.

General Information

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

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).
If you choose to send the original document(s), 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(s) to your
application, and the original document(s) may not be
returned to you.
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(s)
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.
Form I-698 Instructions (Rev. 08/19/09) N Page 2

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
document(s) become the property of USCIS. At the
discretion of a USCIS District Director, original
document(s), even if accompanied by certified copies, may
be temporarily retained.

Each applicant must also pay a $80 biometrics services fee for
fingerprinting, unless under 14 years of age or older than 79
years of age. If necessary, USCIS may also take an applicants
photograph and signature as part of the biometric services.

NOTE: We recommend that you retain copies of your
application and supporting documents for your records.

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

3. Translations

Use the following guidelines when you prepare your check or
money order for filing the fee:

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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 extra space is needed to complete any item, attach a
continuation sheet and indicate your full name and Alien
Registration Number (A-Number), if any, at the top of
each sheet. Indicate the section and item number to which
the answer refers and sign and date each additional sheet.

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?
If Form I-698 is filed within 31 months from the date of
approval of temporary residence, the filing fee is $1,370.
If Form I-698 is filed after 31 months from the date of
approval of temporary residence, the filing fee is $1,410.
The adjustment date is the date of filing the application for
permanent residence or the applicant's eligibility date,
whichever is later.

2. Make the check or money order payable to U.S.
Department of Homeland Security, unless:
A. If you live in Guam, make it payable to Treasurer,
Guam.
B. If you live in the U.S. Virgin Islands, make it payable
to Commissioner of Finance of the Virgin Islands.

NOTE: 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 biometrics services 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 Internet Web site 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.

Form I-698 Instructions (Rev. 08/19/09) N Page 3

NOTE: If your application requires payment of a biometrics
services fee for USCIS to take your fingerprints, photograph,
or signature, you can use the same procedure to obtain the
correct biometrics services fee.

Processing Information

Accommodations for Individuals With
Disabilities and/or Impairments
USCIS is committed to providing reasonable accommodations
for individuals with disabilities and/or impairments.
Accommodations vary with the disability(ies) and/or
impairment(s) and involve modifications to practices or
procedures. For example, if you are:

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If Form I-698 is not signed or accompanied by the correct
fee, it will be rejected with a notice that Form I-698 is
deficient. You may correct the deficiency and resubmit Form
I-698. An application or petition is not considered properly
filed until accepted by USCIS.

Initial Processing. Once 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 1-800870-3676. 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 Web site 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 Internet Web site. 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.

1. Unable to use your hands, you may be permitted to take a
test orally rather than in writing;
2. Hearing-impaired, you may be provided with a signlanguage interpreter for a USCIS-sponsored training
session; or
3. Unable to travel to a designated USCIS location for an
interview, you may be visited at your home or a hospital.
If you believe that you need us to accommodate your
disability(ies) and/or impairment(s), check the "Yes" box and
then check any applicable box that describes the nature of
your disability(ies) and/or impairment(s). Also, write the
type(s) of accommodation(s) you are requesting on the line(s)
provided. If you are requesting a sign-language interpreter,
indicate which language. If you need more space, use a
separate sheet of paper.
NOTE: All domestic USCIS facilities meet the Accessibility
Guidelines of the Americans with Disabilities Act, so you do
not need to contact us to request an accommodation for
physical access to a domestic USCIS office.
USCIS considers requests for accommodations on a case-bycase basis. Asking for an accommodation will not affect your
eligibility for the benefit.

Penalties
If you knowingly and willfully falsify or conceal a material
fact or submit a false document with this request, we will deny
your Form I-698, and may deny any other immigration
benefit. In addition, you will face severe penalties provided by
law and may be subject to criminal prosecution.

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
Form I-698 Instructions (Rev. 08/19/09) N Page 4

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

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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
Products Division, 111 Massachusetts Avenue, N.W., 3rd
Floor, Suite 3008, Washington, DC 20529-2210. OMB No.
1615-0035. Do not mail your application to this address.

Form I-698 Instructions (Rev. 08/19/09) N Page 5