Application to Register Permanent Residence or Adjust Status

OMB No. 1615-0023; Expires 01/31/2013

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

Instructions for I-485, Supplement E
Instructions

What Is the Purpose of Form I-485
Supplement E?
The purpose of Supplement E to Form I-485 is to provide
additional instructions for filing of adjustment of status based
on:
1. T Nonimmigrant Visa - Victim of a severe form of
trafficking in persons (section 101(a)(15)(T) of the
Immigration and Nationality Act (INA)); or
2. U Nonimmigrant Visa - Victim of certain qualifying
criminal activities (section 101(a)(15)(U) of the INA).

T Nonimmigrant Visa Status
1. You are eligible to file for adjustment of status based on
T-1 nonimmigrant status if:
A. You are a T-1 nonimmigrant as defined under section
101(15)(T)(i) of the INA;
B. You have been physically present in the United States
for:

C. The T-1 principal applicant's Form I-485 has been
approved, is currently pending, or is concurrently filed;
D. The T-1 principal meets the eligibility requirements for
adjustment of status; and
E. You are admissible to the United States as a lawful
permanent resident.

Evidence of T Nonimmigrant Status
You must submit the following evidence of T nonimmigrant
status:
1. Copy of Form I-797, Notice of Action, for approval of
your T nonimmigrant status:
2. Copy of your Form I-94, Arrival-Departure Record; and
3. Copy of all pages of your your passport with a T
nonimmigrant visa (or explanation of why you do not have
a passport).

Evidence of Continuous Physical Presence

i. A continuous period of a least three years since the
first date of admission as a T-1 nonimmigrant; or

If you departed from the United States for any period in
excess of 90 days or for any periods in the aggregate
exceeding 180 days, you will be considered to have failed to
maintain continuous physical presence.

ii. A continuous period during the investigation or
prosecution of acts of trafficking, and the Attorney
General has determined the investigation or
prosecution is complete, whichever period of time is
less;

Documentation to show presence on every single day of the
3-year T nonimmigrant status period is not necessary;
however, there should be no significant chronological gaps in
documentation either.

C. You have been a person of good moral character since
first being admitted as a T-1 nonimmigrant and until
the decision on your Form I-485;
D. You have complied with any reasonable request for
assistance in the investigation or prosecution of acts of
trafficking since first being admitted as a T-1
nonimmigrant and until a decision on your Form I-485,
or you would suffer extreme hardship involving
unusual and severe harm upon removal from the
United States; and
E. You are admissible to the United States as a lawful
permanent resident.
2. You are eligible to file for adjustment of status based
on T nonimmigrant status as a family member if:

If documentation to establish continuous physical presence is
not available, you must explain why in an affidavit and
provide additional affidavits from others with first-hand
knowledge who can attest to your continuous physical
presence by specific facts.
You must submit:
1. Copies of every page of your passport (or equivalent travel
document); and
2. Documentation regarding any departure from the United
States and reentry including:
A. Date of departure;
B. Place of departure;

A. You are the family member of a T-1 principal applicant;
B. You are in lawful T-2, T-3, T-4, or T-5 nonimmigrant
status;
Form I-485 Supplement E 07/19/12 Y Page 1

C. Length of departure;

Evidence of Good Moral Character

D. Manner of departure (plane, boat, etc.);
E. Date of return; and
F. Place of return.
Evidence establishing continuous physical presence includes,
but is not limited to:
1. Documentation issued by any governmental or
nongovernmental authority, provided such evidence:
A. Contains your name;
B. Was dated at the time it was issued; and
C. Contains a signature, seal, or other authenticating
instrument of the authorized representative of the
issuing authority, if the document would normally
contain such an authenticating document;
2. College transcripts;
3. Employment records;
4. Certification of the filing of Federal or state income tax
returns, to show that you attended school or worked in
the United States throughout the entire continuous
physical presence period;
5. Documents showing installment periods, such as a
series of monthly rent receipts or utility bills; and
6. A list of documents giving the type and date, already
contained in your DHS file that establish physical
presence, such as but not limited to:
A. A written copy of a sworn statement given to a DHS
officer;
B. A document from the law enforcement agency
attesting to the fact that you have continued to
comply with requests for assistance;
C. The transcript of a formal hearing; and
D. Record of Deportable-Inadmissible Alien,
Form I-213.
Your declaration alone will not be sufficient to show
continuous physical presence.
If you have not maintained continuous physical presence of at
least three years since the first date of admission as a T-1
nonimmigrant, then you must submit a document signed by the
Attorney General, or designee, stating that the investigation or
prosecution is complete.

Section 101(f) lists classes of persons who cannot be found to
be persons of good moral character, and specifies that persons
who are not listed within any of these classes may also be
found to lack good moral character.
In order to demonstrate good moral character, you must submit:
1. An affidavit attesting to your good moral character;
2. Local police clearance or a state-issued criminal
background check from each locality or State in the
United States in which you have resided for six or more
months during the period in T-1 nonimmigrant status; and
3. If police clearances, criminal background checks, or
similar reports are not available for some or all locations,
you may include an explanation and submit other evidence
with your affidavit.
If you are under the age of 14 years, you are generally
presumed to be a person of good moral character and are not
required to submit evidence of good moral character.
However, if there is reason to believe that you may lack good
moral character, USCIS may require evidence of good moral
character.

Evidence Relating to Discretion
Adjustment of status is a discretionary benefit, so you bear the
burden of showing that discretion should be exercised in your
favor.
Generally favorable factors such as family ties, hardship, and
length of residence in the United States may be sufficient to
merit a favorable exercise of discretion. However, where
adverse factors are present, you may offset these by
submitting supporting documentation establishing mitigating
equities you wish USCIS to consider.

Evidence of Compliance with Reasonable
Requests for Assistance In the Investigation or
Prosecution
You must submit a document issued by the Attorney General
or designee, certifying that you have compiled with any
reasonable request for assistance in the investigation or
prosecution of trafficking of persons, unless you establish
that you would suffer extreme hardship involving unusual
and severe harm upon removal from the United States.

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In such case, you must then submit evidence of extreme
hardship involving unusual and severe harm upon your
removal from the United States. However, if your extreme
hardship claim represents a continuation claimed in your
application for T nonimmigrant status, you do not need to redocument the entire claim, but rather submit evidence to
establish that the previously established hardship is ongoing.
Note: USCIS is not bound by its previous hardship
determination.

Admissible to the United States

C. You have not unreasonably refused to provide
assistance in the criminal investigation or prosecution;
and
D. You are admissible to United States as a lawful
permanent resident.
2. You are eligible for adjustment of status if you are a U
nonimmigrant qualifying family member who has not held
U nonimmigrant status and are in the United States. You
must demonstrate that:
A. You have an approved Form I-929, Petition for
Qualifying Family Member of a U-1 Nonimmigrant;

You must be admissible to the United States under section 212
of the INA. The following grounds of inadmissibility can be
waived in the national interest:

B. You can establish that you or the U-1 principal would
suffer extreme hardship if you were not allowed to
remain in the United States; and

1. 212(a)(1) - Health-related grounds;

C. You are admissible to the United States as a lawful
permanent resident.

2. 212(a)(4) - Public charge; and
3. Any other ground of inadmissibility (with following
exclusions) if the activities rendering you inadmissible
were caused by or were incident to your trafficking
victimization.
The following grounds of inadmissibility cannot be waived:
1. 212(a)(3) - Security and related grounds;
2. 212(a)(10)(C) - International child abduction; and
3. 212(a)(10)(E) - Former citizens who renounced citizenship
to avoid taxation.
If you are inadmissible by reason of a ground that has not
already been waived in connection with your T nonimmigrant
status, you must file Form I-601, Application for Waiver of
Grounds of Inadmissibility.
If you are seeking an exemption from section 212(a)(9)(B) of
the INA - unlawful presence, you are not required to submit
Form I-601, but you must submit evidence to demonstrate that
the victimization suffered was a central reason for the
unlawful presence.

U Nonimmigrant Visa Status
1. You are eligible to file for adjustment of status based on U
nonimmigrant status if:
A. You are a U nonimmigrant as defined under section
101(a)(15)(U) of the INA;
B. You have been physically present in the United States
for a continuous period of at least three years since the
date of lawful admission as a U-1, U-2, U-3, U-4, or
U-5 nonimmigrant.

Evidence of U Nonimmigrant Status
You must submit the following evidence of U nonimmigrant
status:
1. Copy of Form I-797, Notice of Action, for approval of
your U nonimmigrant status;
2. Copy of your Form I-94, Arrival-Departure Record; and
3. Copy of all pages of your passport with a U nonimmigrant
visa (or explanation of why you do not have a passport).

Evidence of Continuous Physical Presence
If you departed from the United States for any period in
excess of 90 days or for any periods in the aggregate
exceeding 180 days, you will be considered to have failed to
maintain continuous physical presence.
Absences in excess of 90 days or exceeding an aggregate of
180 days are only permissible in order to assist in the
investigation or prosecution of the qualifying crime. You
must submit evidence from the official involved in the
investigation or prosecution certifying in writing that the
absence was in order to assist the investigation or
prosecution, or was otherwise justified.
Documentation to show presence on every single day of the
three-year U nonimmigrant status period is not necessary;
however, there should be no significant chronological gaps in
documentation either.

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If documentation to establish continuous physical presence is
not available, you must explain why in an affidavit and
provide additional affidavits from others with first-hand
knowledge who can attest to your continuous physical
presence by specific facts.
You must submit:
1. Copies of every page of your passport (or equivalent travel
document); and
2. Documentation regarding any departure from the United
States and reentry including:

Evidence of Compliance with Reasonable
Requests for Assistance In the Investigation Or
Prosecution
You are required to provide ongoing cooperation to law
enforcement agencies involved in the investigation or
prosecution of the qualifying criminal activity as needed. 8
CFR 245.24(a)(5) defines "unreasonable refusal to provide
assistance in a criminal investigation or prosecution," as a
refusal by the U nonimmigrant to provide assistance to law
enforcement authorities after the alien has been granted U
nonimmigrant status.

A. Date of departure;
B. Place of departure;
C. Length of departure;
D. Manner of departure (plane, boat, etc.);
E. Date of return; and
F. Place of return.

The determination of what is an unreasonable refusal will be
based on the totality of the circumstances. USCIS' evaluation
of the reasonableness of an applicant's refusal to provide
assistance will take into account factors such as:
1. General law enforcement, prosecutorial, and judicial
practices;

Evidence establishing continuous physical presence includes,
but is not limited to:

2. The kinds of assistance asked of other victims of crimes
involving an element of force, coercion, or fraud;

1. Documentation issued by any governmental or
nongovernmental authority, provided such evidence:

3. The nature of the request to the alien for assistance;

A. Contains your name;
B. Was dated at the time it was issued; and
C. Contains a signature, seal, or other authenticating
instrument of the authorized representative of the issuing
authority, if the document would normally contain such an
authenticating document;

4. The nature of the victimization;
5. The applicable guidelines for victim and witness
assistance; and
6. The specific circumstances of the victim, including fear,
severe traumatization (both mental and physical), and your
age and maturity.

2. College transcripts;

You must submit:

3. Employment records;

1. A new law enforcement certification stating that you have
not failed to comply with reasonable requests for law
enforcement assistance during the period you maintained
lawful U nonimmigrant status. If you so choose, you may
satisfy this evidentiary requirement by submitting a newly
executed Form I-918 Supplement B, U Nonimmigrant
Status Certification;

4. Evidence showing installment periods, such as a series of
monthly rent receipts or utility bills; and
5. Certification of the filing of Federal or state income
tax returns, to show that you worked in the United States
throughout the entire three-year U nonimmigrant status
period.
Your declaration alone will not be sufficient to show
continuous physical presence.
If you have not maintained continuous physical presence of at
least three years since the first date of admission as a U
nonimmigrant, then you must submit a document signed by
the Attorney General, or designee, stating that the
investigation or prosecution is complete.

OR
2. An affidavit describing your efforts, if any, to obtain a
newly executed Form I-918 Supplement B, or other
evidence describing whether or not you received any
request to provide assistance in a criminal investigation or
prosecution, and your response to any such request.

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The affidavit should include a description of all
instances, of which you are aware of, that you were
requested to provide assistance in the criminal
investigation or prosecution of persons in connection
with the qualifying criminal activity after you were
granted U nonimmigrant status and how you
responded to such requests.
If you have refused a request for assistance in the
investigation or prosecution, you must provide a detailed
description of situations where you declined to comply
with requests for assistance because you believed that the
failure to comply with such requests for assistance was
reasonable under the circumstances.
You should also include, when possible:
A. Identifying information about the law enforcement
personnel involved in the case and any information of
which you are aware of about the status of the criminal
investigation or prosecution, including any charges
filed and the outcome of any criminal proceedings, or
whether the investigation or prosecution was dropped
and the reasons; and
B. Court documents, police reports, news articles, copies
of reimbursement forms for travel to and from court,
and affidavits of other witnesses or officials.

Admissible to the United States
With the exception of section 212(a)(3)(E) of the INA
(Participants in Nazi persecution, genocide, or the
commission of any act, torture, or extrajudicial killing),
section 212(a) of the INA does not apply to U
nonimmigrants. However, under section 245 (m)(1)(B) of the
INA, the Secretary of Homeland Security must determine
that your continued presence in the United States is justified
or humanitarian grounds, to ensure family unity, or is
otherwise in the public interest.

Penalties
If you knowingly and willfully falsify or conceal a material
fact or submit a false document with your Form I-485, we will
deny your Form I-485 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
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.

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,
which includes the time for reviewing instructions. 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 Coordination Division, Office of Policy
and Strategy, 20 Massachusetts Avenue N.W., Washington,
DC 20529-2020. OMB No. 1615-0023. Do not mail your
application to this address.

Where To File?
Submit your Form I-485 based on either T or U
nonimmigrant status to:
Vermont Service Center
75 Lower Welden Street
St. Albans, VT 05479

Form I-485 Supplement E 07/19/12 Y Page 5