I-485a Ins

TABLE OF CHANGES – INSTRUCTIONS

Form I-485, Adjustment of Status Under Section 245(i)

OMB Number: 1615-0023

09/03/2024

Reason for Revision: Comprehensive Revision

Project Phase: OMB Review

Legend for Proposed Text:

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Expires 03/31/2027

Edition Date 08/28/2024

Current Page Number and Section	Current Text	Proposed Text
Page 1	[Page 1] If you are filing Supplement A to Form I-485, Adjustment of Status Under Section 245(i) (Supplement A), together with Form I-485, Application to Register Permanent Residence or Adjust Status, in order to apply for lawful permanent residence under the Immigration and Nationality Act (INA) section 245(i), you must read these Supplement A Instructions and the Form I-485 Instructions. Carefully review the Additional Instructions section in the Form I-485 Instructions for information that relates to your family-based, employment-based, special immigrant, or Diversity Visa immigrant category.	[Page 1] If you are filing Supplement A to Form I-485, Adjustment of Status Under Section 245(i) (Supplement A), together with Form I-485, Application to Register Permanent Residence or Adjust Status, in order to apply for lawful permanent residence under the Immigration and Nationality Act (INA) section 245(i), you must read these Supplement A Instructions and the Form I-485 Instructions. In addition, carefully review the Additional Instructions section in the Form I-485 Instructions for information that relates to your family-based, employment-based, special immigrant, or Diversity Visa immigrant category.
Page 1, What Is the Purpose of Supplement A?	[Page 1] What Is the Purpose of Supplement A? If you are disqualified from adjusting status under INA section 245(a), you may be eligible to adjust status under INA section 245(i). For more information on who may be disqualified from adjusting under INA section 245(a), see the Bars to Adjustment and Grounds of Inadmissibility section below. You should use Supplement A if you seek to adjust status under INA section 245(i). You cannot adjust status based on filing Supplement A alone. You must also file Form I-485 and be eligible for a visa under a family-based, employment-based, special immigrant, or Diversity Visa immigrant category. Supplement A and Form I-485 are used to determine whether you qualify for INA section 245(i) adjustment.	[Page 1] [no change]
Page 1-2, Who May File to Adjust Status Under INA Section 245(i) Using Supplement A?	[Page 1] Who May File to Adjust Status Under INA Section 245(i) Using Supplement A? … NOTE: Visit the Visa Availability and Priority Dates website at www.uscis.gov/green-card/green-card­ processes-and-procedures/visa-availability-priority-dates to determine whether an immigrant visa is immediately available. …	[Page 1] Who May File to Adjust Status Under INA Section 245(i) Using Supplement A? … NOTE: Visit the Visa Availability and Priority Dates website at https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin to determine whether an immigrant visa is immediately available. …
Page 2-3, Bars to Adjustment and Grounds for Inadmissibility	[Page 2] Bars to Adjustment and Grounds of Inadmissibility … [Page 3] 5. You have ever failed to continuously maintain a lawful status since entry into the United States, unless your failure to maintain status was through no fault of your own or for technical reasons. … Grounds of Inadmissibility If you are inadmissible to the United States, you may not adjust to lawful permanent resident status. You can find the grounds of inadmissibility listed in INA section 212(a) at www.uscis.gov. …	[Page 2] Bars to Adjustment and Grounds of Inadmissibility … 5. You have at any time failed to continuously maintain a lawful status since entry into the United States, unless your failure to maintain status was through no fault of your own or for technical reasons. … Grounds of Inadmissibility If you are inadmissible to the United States, you may not adjust to lawful permanent resident status. You can find the grounds of inadmissibility listed in INA section 212(a) at www.uscis.gov/policy-manual/volume-8. …
Page 3, What Immigrant Petitions and Permanent Labor Certification Applications Qualify Under INA Section 245(i)?	[Page 3] What Immigrant Petitions and Permanent Labor Certification Applications Qualify Under INA Section 245(i)? … 4. Form I-526, Immigrant Petition by Alien Entrepreneur; or …	[Page 3] What Immigrant Petitions and Permanent Labor Certification Applications Qualify Under INA Section 245(i)? … 4. Form I-526, Immigrant Petition by Alien Investor; or …
Page 4-6, What Evidence Must You Submit to Establish Your Eligibility for Adjustment of Status under INA Section 245(i)?	[Page 4] What Evidence Must You Submit to Establish Your Eligibility for Adjustment of Status under INA Section 245(i)? … You must submit documentation to prove Items 1. - 4. below. … A. The filing or approval of the immigrant petition (Form I-797, Notice of Action), which contains the principal beneficiary’s name; or B. The filing or approval of the permanent labor certification application (Form ETA-750), which contains the principal beneficiary’s name. … C. Petition was physically received at a designated USCIS office (then known as the Immigration and Naturalization Service (INS)) on or before April 30, 2001, or was mailed with a postmark on or before April 30, 2001 (regardless of when INS received it). … A. Form I-797 showing a qualifying date of filing. (Form I-797 showing a filing date indicates the U.S. Government accepted the petition and implies that the U.S. Government determined the petition was signed and submitted with the appropriate filing fee); or B. Form ETA-750 bearing a state workforce agency’s date stamp, an agency letter, or other document specifying the date of receipt/filing. … A. An INS approval notice (on Form I-797) for the immigrant petition; or B. A U.S. Department of Labor certification stamp (on Form ETA-750) for the permanent labor certification application. … A. Form I-94 Arrival-Departure Record, the nonimmigrant visa page of the principal beneficiary’s passport, Form I-512L, or other U.S. Government-issued document showing admission or parole into the United States after inspection by an immigration officer; B. A Notice to Appear in Immigration Court; C. Official correspondence or other notices from a U.S. Government agency; D. A state driver’s license; E. Income tax or property tax records, returns, or payments; F. School or college transcripts and records; G. Hospital or doctor’s records; [Page 6] H. Lease agreements and rental receipts; I. Utility bill receipts; J. Employment records, such as payroll statements or pay stubs; or K. Bank and credit card statements and records. …	[Page 3] What Evidence Must You Submit to Establish Your Eligibility for Adjustment of Status under INA Section 245(i)? … [Page 4] You must submit documentation to prove Item Numbers 1. - 4. below. … The filing or approval of the immigrant petition (Form I-797, Notice of Action), which contains the principal beneficiary’s name; or The filing or approval of the permanent labor certification application (Form ETA-750), which contains the principal beneficiary’s name. … C. Petition was physically received at a designated USCIS office (then known as the Immigration and Naturalization Service (INS)) on or before April 30, 2001 or was mailed with a postmark on or before April 30, 2001 (regardless of when INS received it). … Form I-797 showing a qualifying date of filing. (Form I-797 showing a filing date indicates the U.S. Government accepted the petition and implies that the U.S. Government determined the petition was signed and submitted with the appropriate filing fee); or Form ETA-750 bearing a state workforce agency’s date stamp, an agency letter, or other document specifying the date of receipt/filing. [Page 5] … An INS approval notice (on Form I-797) for the immigrant petition; or A U.S. Department of Labor certification stamp (on Form ETA-750) for the permanent labor certification application. … Form I-94 Arrival/Departure Record, the nonimmigrant visa page of the principal beneficiary’s passport, Form I-512L, or other U.S. Government-issued document showing admission or parole into the United States after inspection by an immigration officer; A Notice to Appear in Immigration Court; Official correspondence or other notices from a U.S. Government agency; A state driver’s license; Income tax or property tax records, returns, or payments; School or college transcripts and records; Hospital or doctor’s records; Lease agreements and rental receipts; Utility bill receipts; Employment records, such as payroll statements or pay stubs; or Bank and credit card statements and records. …
Page 6-8, General Instructions	[Page 6] General Instructions We provide free forms through the USCIS website. To view, print, or complete our forms, you should use the latest version of Adobe Reader, which you can download for free at http://get.adobe.com/reader/. If you do not have internet access, you may call the USCIS Contact Center and ask that we mail a form to you. Signature. You (or your signing authority) must properly complete your supplement. USCIS will not accept a stamped or typewritten name in place of any signature on this supplement. If you are under 14 years of age, your parent or legal guardian may sign the supplement on your behalf. A legal guardian may also sign for a mentally incompetent person. If the supplement is not signed, or if the signature is not valid, we will reject your supplement. See 8 CFR 103.2(a)(7)(ii)(A). If USCIS accepts a request for adjudication and determines that it has a deficient signature, USCIS may deny the request. Validity of Signatures. USCIS will consider a photocopied, faxed, or scanned copy of an original handwritten signature as valid for filing purposes. The photocopy, fax, or scan must be of the original document containing the handwritten ink signature. Filing Fee. See USCIS Form G-1055, available at www.uscis.gov/g-1055, for information about all filing fees. Evidence. At the time of filing, you must submit all evidence and supporting documentation listed in the What Evidence Must You Submit to Establish Your Eligibility for Adjustment of Status under INA Section 245(i) section of these Instructions. Biometric Services Appointment. USCIS may require you to appear for an interview or provide biometrics (fingerprints, photograph, and/or signature) at any time to verify your identity, obtain additional information, and conduct background and security checks, including a check of criminal history records maintained by the Federal Bureau of Investigation (FBI), before making a decision on your application or petition. If we determine that a biometric services appointment is necessary, we will send you an appointment notice with the date, time, and location of your appointment. If you are currently overseas, your notice will instruct you to contact a U.S. Embassy, U.S. Consulate, or USCIS office outside the United States to schedule an appointment. At your biometrics appointment, you must sign an oath reaffirming that: 1. You provided or authorized all information in the supplement; 2. You reviewed and understood all of the information contained in, and submitted with, your supplement; and 3. All of this information was complete, true, and correct at the time of filing. If you do not attend your biometric services appointment, we may deny your supplement. For applicants and dependents who appear before an immigration judge, failure to attend a biometric services appointment, without good cause, may result in the immigration judge finding that your application was abandoned, and USCIS may also deny any other application, petition, or request you filed with USCIS. [Page 7] Copies. You should submit legible photocopies of requested documents unless the Instructions specifically instruct you to submit an original document. USCIS may request an original document at any time during our process. If we request an original document from you, we will return it to you after USCIS determines it no longer needs the original. NOTE: If you submit original documents when they are not required or requested, USCIS or the Immigration Court may destroy them after we receive them. Translations. If you submit a document with information in a foreign language, you must also submit a full English translation. The translator must sign a certification that the English language translation is complete and accurate, and that they are competent to translate from the foreign language into English. The certification must also include their signature, printed name, the signature date, and their contact information. USCIS Contact Center. For additional information on the supplement and Instructions about where to file, change of address, and other questions, visit the USCIS Contact Center at www.uscis.gov/contactcenter or call 800-375-5283 (TTY 800-767-1833). The USCIS Contact Center provides information in English and Spanish. Disability Accommodations/Modifications. To request a disability accommodation/modification, follow the instructions on your appointment notice or at www.uscis.gov/accommodationsinfo. How To Complete Supplement A 1. Type or print legibly in black ink. 2. If you need extra space to complete any item within this supplement, attach a separate sheet of paper. Type or print your name and Alien Registration Number (A-Number) (if any) at the top of each sheet; indicate the Page Number, Part Number, and Item Number to which your answer refers; and sign and date each sheet. 3. Answer all questions fully and accurately. If a question does not apply to you (for example, if you have never been married and the question asks, “Provide the name of your current spouse”), type or print “N/A” unless otherwise directed. If your answer to a question which requires a numeric response is zero or none (for example, “How many children do you have” or “How many times have you departed the United States”), type or print “None” unless otherwise directed. 4. USCIS Online Account Number. You will only have a USCIS Online Account Number (OAN ) if you previously filed a form that has a receipt number that begins with IOE. If you filed the form online, you can find your OAN in your account profile. If you mailed us the form, you can find your OAN at the top of the Account Access Notice we sent you. If you do not have a receipt number that begins with IOE, you do not have an OAN. The OAN is not the same as an A-Number. 5. Immigrant Category for Adjustment of Status. When you filed your Form I-485, you selected an immigrant category in Part 2., Item Number 1. as the basis of your eligibility to adjust status. Insert the full title of that immigrant category in Part 2., Item Number 5. 6. Part 4. Applicant’s Statement, Contact Information, Declaration, Certification, and Signature. Select the appropriate box to indicate whether you read this supplement yourself or whether you had an interpreter assist you. If someone assisted you in completing the supplement, select the box indicating that you used a preparer. Further, you must sign and date your supplement and provide your daytime telephone number, mobile telephone number (if any), and email address (if any). Every supplement MUST contain the signature of the applicant (or parent or legal guardian, if applicable). A stamped or typewritten name in place of a signature is not acceptable. 7. Part 5. Interpreter’s Contact Information, Certification, and Signature. If you used anyone as an interpreter to read the Instructions and questions on this supplement to you in a language in which you are fluent, the interpreter must fill out this section, provide his or her name, the name and address of his or her business or organization (if any), his or her daytime telephone number, his or her mobile telephone number (if any), and his or her email address (if any). The interpreter must sign and date the supplement. [Page 8] 8. Part 6. Contact Information, Declaration, and Signature of the Person Preparing this Supplement, if Other Than the Applicant. This section must contain the signature of the person who completed your supplement, if other than you, the applicant. If the same individual acted as your interpreter and your preparer, that person should complete both Part 5. and Part 6. If the person who completed this supplement is associated with a business or organization, that person should complete the business or organization name and address information. Anyone who helped you complete this supplement MUST sign and date the supplement. A stamped or typewritten name in place of a signature is not acceptable. If the person who helped you prepare your supplement is an attorney or accredited representative, he or she may be obliged to also submit a completed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, along with your supplement. We recommend that you print or save a copy of your completed supplement to review in the future and for your records.	[Page 6] General Instructions [no change] Evidence. When you file your supplement, you must submit all evidence and supporting documents listed in the What Evidence Must You Submit to Establish Your Eligibility for Adjustment of Status under INA Section 245(i) section of these Instructions. [no change] 1. You provided or authorized all information in the supplement; 2. You reviewed and understood all of the information contained in, and submitted with, your supplement; and 3. All of this information was complete, true, and correct at the time of filing. If you do not attend your biometric services appointment, we may deny your supplement. For applicants and dependents who appear before an immigration judge, failure to attend a biometric services appointment, without good cause, may result in the immigration judge finding that your application was abandoned, and USCIS may also deny any other application you filed with USCIS. [no change] [no change] 5. Immigrant Category for Adjustment of Status. When you filed your Form I-485, you selected an immigrant category in Part 2., Item Number 3. as the basis of your eligibility to adjust status. Insert the full title of that immigrant category in Part 2., Item Number 5. 6. Part 4. Applicant’s Contact Information, Certification, and Signature. You must sign and date your supplement and, if applicable, provide your daytime telephone number, mobile telephone number, and email address. The signature of a parent or legal guardian, if applicable, is acceptable. A stamped or typewritten name in place of a signature is not acceptable. 7. Part 5. Interpreter’s Contact Information, Certification, and Signature. If you used anyone as an interpreter to read the Instructions and questions on this supplement to you in a language in which you are fluent, the interpreter must fill out this section and sign and date the supplement. 8. Part 6. Contact Information, Certification, and Signature of the Person Preparing this Supplement, if Other Than the Applicant. The person who completed your supplement, if other than the applicant, must sign this section. If the same individual acted as your interpreter and your preparer, then that person should complete both Part 5. and Part 6. A stamped or typewritten name in place of a signature is not acceptable. We recommend that you print or save a copy of your completed supplement for your records.
Page 9, Where to File?	[Page 9] Where to File? Please see our website at www.uscis.gov/i-485supa for the most current information about where to file this supplement. If you are in proceedings in Immigration Court (that is, if you have been served with Form I-221, Order to Show Cause and Notice of Hearing; Form I-122, Notice to Applicant for Admission Detained for Hearing Before an Immigration Judge; Form I-862, Notice to Appear; or Form I-863, Notice of Referral to Immigration Judge, that DHS filed with the Immigration Court), you should file this supplement with the appropriate Immigration Court. The DHS attorney will provide you with pre-order filing instructions regarding background and security investigations. You must also submit a copy to USCIS. Please see our website at www.uscis.gov/laws/immigration-benefits-eoir-removal­ proceedings or call the USCIS Contact Center for the most current information about where to file the copy of the application that you file with the Immigration Court.	[Page 9] Where to File? [no change] If you are in proceedings in Immigration Court (that is, if you have been served with Form I-221, Order to Show Cause and Notice of Hearing; Form I-122, Notice to Applicant for Admission Detained for Hearing Before an Immigration Judge; Form I-862, Notice to Appear; or Form I-863, Notice of Referral to Immigration Judge, that DHS filed with the Immigration Court), you should file this supplement with the appropriate Immigration Court. The DHS attorney will provide you with pre-order filing instructions regarding background and security investigations. You must also submit a copy to USCIS. Please see our website at https://www.uscis.gov/laws-and-policy/other-resources/immigration-benefits-in-eoir-removal-proceedings or visit the USCIS Contact Center’s website for the most current information about where to file the copy of the application that you file with the Immigration Court.
Page 9, Address Change	[Page 9] Address Change If you are not a U.S. citizen, you must notify USCIS of your new address within 10 days of moving from your previous residence. For information on changing your address, go to our website at www.uscis.gov/addresschange, or call the USCIS Contact Center. If you are already in proceedings in Immigration Court, you must also notify the Immigration Court on EOIR Form 33/IC, Change of Address/Contact Information Form, of any changes of address within five days of the change in address. The EOIR Form 33/IC is available on the EOIR website at www.justice.gov/eoir/formslist.htm. NOTE: Do not submit a change of address request to the USCIS Lockbox.	[Page 9] Address Change [no change] If you are already in proceedings in Immigration Court, you must also notify the Immigration Court on EOIR Form 33/IC, Change of Address/Contact Information Form, of any changes of address within five days of the change in address. The EOIR Form 33/IC is available on the EOIR website at www.justice.gov/eoir/form-eoir-33-eoir-immigration-court-listing or can be filed online at EOIR’s Respondent Access at https://respondentaccess.eoir.justice.gov/. [no change]
Page 9-10, Processing Information	[Page 9] Processing Information USCIS will reject any Supplement A that is not signed or accompanied by the correct filing fee and will send you a notice that Supplement A is incomplete. You may fix the problem and resubmit Supplement A. Supplement A is not considered properly filed until USCIS accepts it. Initial Processing. Once USCIS accepts your supplement we will check it for completeness. If you do not properly complete this supplement, you will not establish a basis for your eligibility and we may reject or deny your Form I-485. Requests for More Information. USCIS may request that you provide more information or evidence to support your supplement. We may also request that you provide the originals of any copies you submit. If we request an original document from you, we will return it to you after USCIS determines it is no longer needed. [Page 10] Requests for Interview. We may request that you appear at a USCIS office for an interview based on your supplement. At the time of any interview or other appearance at a USCIS office, we may require that you provide your fingerprints, photograph, and/or signature to verify your identity and/or update background and security checks. Decision. The decision on Supplement A involves a determination of whether you have established eligibility for the immigration benefit you are seeking. USCIS will notify you of the decision in writing.	[Page 9] Processing Information [no change] Requests for More Information. USCIS may request that you provide more information or evidence to support your supplement. We may also request that you provide the originals of any copies you submit. If we request an original document from you, we will return it to you after USCIS determines it is no longer needed. [deleted]
Page 10, USCIS Forms and Information	[Page 10] USCIS Forms and Information To ensure you are using the latest version of this supplement, visit www.uscis.gov. [new]	[Page 9] USCIS Forms and Information [no change] For questions about filing your supplement, you can use our many online tools (uscis.gov/tools) including our virtual assistant, Emma. This website is available in Arabic, Haitian Creole, Spanish, French, Polish, Portuguese, Russian, Tagalog, Vietnamese, and Chinese.
Page 10, Penalties	[Page 10] Penalties If you knowingly and willfully falsify or conceal a material fact or submit a false document with your Supplement A, we will deny your Supplement A and may deny any other immigration benefit. In addition, you will face severe penalties provided by law and may be subject to criminal prosecution.	[Page 10] [no change]
Page 10, DHS Privacy Notice	[Page 10] DHS Privacy Notice AUTHORITIES: The information requested on this application, and the associated evidence, is collected under INA section 245(i). PURPOSE: The primary purpose for providing the requested information on this application is to determine if you have established eligibility to adjust status to that of a lawful permanent resident of the United States. DHS will use the information you provide to grant or deny your application to adjust status to lawful permanent resident. DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information, including your Social Security number (if applicable), and any requested evidence, may delay a final decision in your case or result in denial of your application. ROUTINE USES: DHS may share the information you provide on this application, and any additional requested evidence, with other Federal, state, local, and foreign government agencies and authorized organizations. DHS follows approved routine uses, as described in the associated published system of records notices [DHS/USCIS/ICE/CBP-001 Alien File, Index, and National File Tracking System, DHS/USCIS-007 Benefits Information System, and DHS/USCIS-018 Immigration Biometric and Background Check] and the published privacy impact assessments [DHS/USCIS/PIA-016(a) Computer Linked Application Information Management System] which you can find at www.dhs.gov/privacy. DHS may also share this information, as appropriate, for law enforcement purposes or in the interest of national security.	[Page 10] DHS Privacy Notice AUTHORITIES: USCIS is collecting the information requested on this application, and the associated evidence, under INA section 245(i). PURPOSE: The primary purpose for providing the requested information on this application is to determine if you have established eligibility to adjust status to that of a lawful permanent resident of the United States. DHS will use the information you provide to grant or deny your application to adjust status to lawful permanent resident. DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information, including your Social Security number (if applicable), and any requested evidence, may delay a final decision in your case or result in USCIS denying your application. ROUTINE USES: DHS may, where allowable under relevant confidentiality provisions, share the information you provide on this application, and any additional requested evidence, with other Federal, state, local, and foreign government agencies and authorized organizations. DHS follows approved routine uses, as described in the associated published system of records notices [DHS/USCIS/ICE/CBP-001 Alien File, Index, and National File Tracking System, DHS/USCIS-007 Benefits Information System, and DHS/USCIS-018 Immigration Biometric and Background Check] and the published privacy impact assessments [DHS/USCIS/PIA-016(a) Computer Linked Application Information Management System] which you can find at www.dhs.gov/privacy. DHS may also share this information, as appropriate, for law enforcement purposes or in the interest of national security.
Page 11, Paperwork Reduction Act	[Page 11] Paperwork Reduction Act USCIS may not conduct or sponsor an information collection, and you are not required to respond to a collection of information, unless it displays a currently valid Office of Management and Budget (OMB) control number. The public reporting burden for this collection of information is estimated at 1.067 hours per response, in addition to the burden for completing Form I-485, including the time for reviewing instructions, gathering the required documentation and information, completing the supplement, attaching necessary documentation, and submitting the supplement. 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, Office of Policy and Strategy, Regulatory Coordination Division, 5900 Capital Gateway Drive, Mail Stop #2140, Camp Springs, MD 20588-0009; OMB No. 1615-0023. Do not mail your completed Supplement A to this address.	[Page 10] Paperwork Reduction Act USCIS may not conduct or sponsor an information collection, and you are not required to respond to a collection of information, unless it displays a currently valid Office of Management and Budget (OMB) control number. The public reporting burden for this collection of information is estimated at 53 minutes per response, in addition to the burden for completing Form I-485, including the time for reviewing instructions, gathering the required documentation and information, completing the supplement, attaching necessary documentation, and submitting the supplement. 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, Office of Policy and Strategy, Regulatory Coordination Division, 5900 Capital Gateway Drive, Mail Stop #2140, Camp Springs, MD 20588-0009; OMB No. 1615-0023. Do not mail your completed Supplement A to this address.
Page 11, Checklist	[Page 11] Checklist I am filing my Form I-485 with this Supplement A, or I previously filed my Form I-485 and it remains pending. (If I Off filed previously, I am attaching a copy of my Form I-797 receipt for that filing.) I signed Supplement A in Part 4. Applicant’s Statement, Contact Information, Declaration, Certification, and Signature. I included the appropriate $1,000 filing fee for Supplement A, unless exempt. I included all required supporting documentation listed in the What Evidence Must You Submit to Establish Your Eligibility for Adjustment of Status under INA Section 245(i) section of these Instructions.	[delete]

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