Immigration Status After Submitting Form I-485: Key Considerations

Submitting Form I-485 during the green card application process is a crucial step. In this process, applicants gain two primary benefits. First, those applying for adjustment of status can legally remain in the U.S. without needing to maintain their existing nonimmigrant visa status. However, there is an important caveat to this: while adjustment applicants gain legal residency rights, they do not hold a lawful immigration status. If the adjustment application is denied, the applicant may immediately become an unlawful resident. Therefore, it is vital to maintain a valid nonimmigrant visa status during the adjustment process. If the application is denied but the nonimmigrant status remains valid, the applicant can maintain their legal residency status.

Second, nonimmigrant visa holders can apply for a work permit (EAD) and travel authorization (Advance Parole) during the adjustment of status application process. Since these two benefits are not available to nonimmigrant visa holders, applying for them will automatically terminate the existing nonimmigrant visa status. For example, if an F-1 student visa holder applies for an EAD or Advance Parole along with the I-485 application, their previous visa status will be extinguished, leaving them with only lawful residency rights. Consequently, if the I-485 is denied, the applicant will lose their lawful status and risk becoming unlawfully present.

Immigration Status After Submitting Form I-485

Once you submit Form I-485, the final phase of the green card application begins. This form informs USCIS of your intent to transition from your current immigration status to that of a lawful permanent resident. The process after submission includes:

1. Pending Status: After USCIS receives your I-485 application, you are considered "pending." During this time, it’s crucial to comply with the conditions of your current nonimmigrant status.

2. Employment and Travel Considerations: If you wish to work while your I-485 is pending, you must apply for an Employment Authorization Document (EAD). Once you receive your EAD, you can work legally. If you plan to travel abroad, you should apply for using Form I-131.

   Form I-131, Application for Travel Document, is used to apply for specific travel documents for immigrants residing in the United States. Here’s an overview of this form and its key details:

   Overview of Form I-131

   1. Purpose:

      • To apply for travel documents needed for specific situations as a legally residing immigrant in the U.S.

      • The form is used for the following purposes:

        • Re-entry Permit: For lawful permanent residents (green card holders) who intend to be outside the U.S. for an extended period and wish to return.

        • Advance Parole: To request permission to re-enter the U.S. after traveling abroad in certain circumstances.

        • Travel Document for Refugees/Asylees: For those recognized as refugees or asylees to apply for travel documents for international travel.

   2. Eligibility:

      • Immigrants eligible to submit the form include lawful permanent residents, visa holders, and individuals applying for refugee or asylum status.

   3. Submission Method:

      • The I-131 form can be downloaded from the USCIS (U.S. Citizenship and Immigration Services) website, completed, and submitted by mail along with the required documents.

   4. Required Documents:

      • Proof of identity (e.g., copies of passport, green card)

      • Documentation explaining the reason for the application (e.g., travel itinerary, personal circumstances)

      • Application fee (if applicable)

   5. Processing Time:

      • The processing time varies based on the type of application and the workload of USCIS.

   For more detailed information on Form I-131, it is advisable to refer to the official USCIS website or consult with an immigration attorney.

3. Interview and Additional Documentation: Following your application, USCIS may conduct an interview to assess your eligibility for permanent residency. It is essential to prepare the necessary documents and understand your application thoroughly.

4. Adjustment of Status vs. Consular Processing: I-485 adjustment of status occurs within the U.S., while consular processing is done at a U.S. embassy abroad. Depending on your situation and immigration goals, you should choose the appropriate method.

Reasons for I-485 Application Denial

Several reasons may lead to the denial of an I-485 application:

• Ineligibility: The applicant does not meet the qualifications for permanent residency.

• Improper Documentation: Missing required documents or providing false information.

• Criminal Record: A record of serious crimes or immigration law violations.

• Medical Grounds for Ineligibility: Findings of communicable diseases during the medical exam.

• Visa Status Issues: Being in an invalid visa status at the time of submission.

• Identity Verification Failure: Issues arising from USCIS's identity verification process.

• Other Immigration Law Violations: Submission of fraudulent applications, among others.

Due to these various reasons, an I-485 application can be denied. Therefore, careful attention and preparation during the application process are essential. If needed, consult with an immigration attorney to clarify eligibility requirements and prepare the necessary documentation.

Submitting Form I-485 is a vital step in becoming a lawful permanent resident. Understanding this process and actively seeking legal advice can greatly assist you in successfully navigating your immigration journey. If you have any questions about your immigration status or the I-485 process, do not hesitate to seek professional assistance.