http://web.wenxuecity.com/BBSView.php?SubID=immigration&MsgID=304885#postfp
Tel 617–253–2851
Massachusetts Institute of Technology
77 Massachusetts Avenue Room 4–105
Cambridge, Massachusetts 02139–4307
Fax 617–253–6624
Email iso@mit.edu
http://web.mit.edu/scholars
*DISCLAIMER: The International Scholars Office provides the following information as a courtesy to its applicants for permanent residence only, not for use by other individuals. This is to help you understand the issues you need to discuss with your immigration attorney, should you choose to consult one.
This information does not constitute legal advice. We can refer you to qualified immigration attorneys who can help you with this step in the permanent residence process. USCIS forms and fees are subject to change without notice. Always check for the most up-to-date version of these forms on the USCIS website before sending your application. Contact your attorney if you encounter a problem with any of these applications.
INSTRUCTIONS FOR FILING ADJUSTMENT OF STATUS APPLICATIONS
After the U.S. Citizenship and Immigration Services (USCIS) has approved the Form I-140, “Immigrant Petition for Alien Worker,” you and your spouse and children under 21 years of age are able to applications for adjustment of status from nonimmigrant to permanent residence. Separate adjustment of status applications must be ted for each member of your family who is applying for permanent residence, but they should be mailed in the same envelope.
_____ Form I-485, “Application to Register Permanent Residence or Adjust Status.”
(http://uscis.gov/graphics/formsfee/forms/i-485.htm) Type forms, or use a dark pen to print clearly. Complete all items. The response “none” or “N/A” is preferred to a blank space.
Complete “Address” in Part 1 using address where final permanent residence card should be mailed (if undeliverable, it will be returned to USCIS, not forwarded).
Check box #2a on your I-485 if Form I-140 has been approved and #2b on your spouse’s and children’s. If Form I-140 will be filed at the same time, check box #2h and write “Form I-140 is being filed concurrently with this application” and #2b on spouse’s and children’s. If Form I-140 has been filed and is pending, check box #2h and write “Form I-140 currently pending, Receipt No. .” (Provide the Receipt Number listed on the I-140 Receipt Notice) and #2b on spouse’s and children’s.
Alien #: There may be an “A” number listed on any I-797 you have received from USCIS in the past. Or, you may not have an Alien #. Note that the A # on an EAD is NOT an Alien #. If you are uncertain, leave this item blank, put “unknown” or consult your attorney.
Part 3, Section A: The “visa number” is the control number written in black on the visa stamp.
Part 3, Section C: only political affiliations need be listed, but professional affiliations may be included. Follow your attorney’s advice.
Part 3, Last Section: These questions are for ruling out causes for exclusion, and answers must be accurate.
_____ Filing fee of $325 for each Form I-485. For children under 14, the fee is $225. Personal checks, certified bank checks, or money orders payable to Department of Homeland Security are acceptable.
_____ An additional fee of $70 is required for the fingerprint fee. Fingerprints and the $70 fee are NOT required for children under 14 years old. You may add these two amounts together and make one check for $395, payable to Department of Homeland Security for EACH adult applicant ($225 only, in the case of a child under 14). NOTE: USCIS will send you a notice informing you when to get your fingerprints taken at the Boston USCIS location.
_____ Photographs:
• Two color photographs conforming to the specifications at http://travel.state.gov/passport/pptphotos/composition_checklist.html
must be ted with the I-485. Photo booth photos are unacceptable. No eyeglasses or jewelry are permitted. Write last name on back of photos in pencil. Place photos in an envelope marked “photos” and attach the envelope to the application. Do not staple through photos.
• Two photographs of the same kind are required for applications for Advance Parole (please see additional I-765 and I-131checklists).
_____ Form I-693: Medical examinations and immunizations (see addendum about immunizations). (http://uscis.gov/graphics/formsfee/forms/i-693.htm) A medical exam by a USCIS-designated physician is a required part of the adjustment process. Note that separate exams and forms are required for the scholar and for each family member who will also be filing for adjustment of status. It is important to schedule medical appointments as early as possible, since there may be a wait. Please note that some of the required lab work (medical tests) may be able to be done by your regular health care provider, particularly if you are covered by the MIT health plan. This would reduce overall costs. Details should be discussed with the USCIS-designated physician’s office and your regular health care provider.
_____ Form I-134, “Affidavit of Support.” (http://uscis.gov/graphics/formsfee/forms/files/i-134.pdf)
If you are single, you do not need to complete this form, but you will need the employment letter from your department (item 2 on next page). If you have dependents, you must complete Form I-134(s) and attach one to each I-485 being ted (plus the two attachments on next page). Each copy of the I-134 must have an original signature. Do not sign this form until you are in the presence of a notary. Tip for completing #1 on the form: Complete the spaces that ask for your date and place of birth. None of the selections a.,b.,c., or d. apply to you. Therefore write in your current status in pen. For example, “H-1B, applying for adjustment of status.”
The two attachments to each form I-134 are:
(1) A copy of a bank statement showing your current balance;
(2) A brief letter from your department stating your MIT title, salary, and the starting date of your employment. Address this letter “To Whom It May Concern.”
_____ Form G-325A, “Biographic Information.” Not required for children under 14 years old.
(http://uscis.gov/graphics/formsfee/forms/g-325a.htm)
_____ Certification of Copies form
_____ Photocopy of the birth certificate for each applicant, translated if not in English. You should have the original(s) available to you in the U.S. in case they are asked for at some future time. Do not send originals to USCIS.
_____ If you are married and your spouse is also filing for adjustment, a photocopy of your marriage certificate or license, translated if not in English. Final divorce papers are also required if either you or your spouse have been divorced. You should have the original(s)
available to you in the U.S. in case they are asked for at some future time. Do not send originals to USCIS.
_____ A photocopy of Form I-797, USCIS approval notice of the I-140 Form or copy of the receipt, if not yet approved. This form should have been given to you by the ISO. If you are filing Forms I-140 and I-485 at the same time, you do not yet have this form.
_____ A photocopy of Form I-94 (front and back, even if the back is blank), the white “Arrival/departure” card stapled into your passport.
_____ “Summary of Visa Status and Employment in the U.S.” form
_____ Photocopy of passport for self and any family members: pages containing issuance and expiration dates, personal data, photo, and any visas.
_____ Photocopies of all current and past nonimmigrant visa documents, e.g. Forms IAP-66 or DS-2019, I-20, I-797 approvals of H-1B status, USCIS waiver of two-year home country residence requirement, etc.
_____ Form I-765, “Application for Employment Authorization.”
(http://uscis.gov/graphics/formsfee/forms/i-765.htm) Please discuss your situation with your attorney regarding whether or not to file this form. See separate checklist for full instructions. Your spouse may also request work authorization at this time on a separate Form I-765. Each Form I-765 carries a filing fee of $180.00.
_____ Form I-131, “Application for Travel Document.”
(http://uscis.gov/graphics/formsfee/forms/i-131.htm) Please discuss your situation with your attorney regarding whether or not to file this form. See separate checklist for full instructions. Your spouse may also request a travel document at this time on a separate Form I-131. Each I-131 requires a filing fee of $170.00.
Translations: Consult your attorney for specification on translations to be sent to USCIS.
Travel: If you, or any of your dependents, need to leave the United States while your adjustment of status application is pending, you must obtain USCIS permission prior to departure. (Those in H status may qualify for an exception under certain circumstances.) Consult the additional checklist called “Permission to Work and Travel while an Adjustment of Status Application is Pending,” particularly the section on “Advance Parole,” and discuss your particular situation with your lawyer. You may apply for Advance Parole when you apply for adjustment or you may apply at a later date.
Sequence of Application for Mailing
NOTE: Keep a copy of all submissions (documents, checks, etc) to ensure that you can quickly a duplicate if the original is lost or if you need to bring an error to USCIS’ attention.
Assemble a separate application for each person (scholar, each family member) in the order listed below, and attach each set by a large clip or rubber band, not staples. Mail all applications to USCIS in the same envelope.
1. Fee Payment: Place the checks or money orders (for $325 filing fee and $70 fingerprint fee) together on the top left of each Form I-485 (as well as any checks for I-131 and I-765, if applicable). Do not send cash. Only money orders, personal checks or cashiers checks are acceptable.
2. Form I-485 with photos in attached envelope
3. Envelope containing medical report on Form I-693
4. Form I-134, if applicable
5. Form I-131 and/or Form I-765, if being ted to Vermont USCIS (for Employment Authorization Document and/or Advance Parole)
6. Form G-325A
7. All other supporting documentation as outlined in checklist
Mailing Address for Employment-Based Adjustment of Status Applications (Form I-485 and all attachments):
• When Forms I-140 and I-485 are Filed Concurrently: If an employment-based Form I-485 is filed together with an I-140 petition, the entire I-140/I-1-485 package (including Forms I-765 and I-131, if applicable) for the principal and accompanying dependents should be mailed to the Nebraska Service Center at:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
• When mailing the I-140/I-485 package via express mail (DHL, FedEx, etc.), the following street address should be used:
USCIS Nebraska Service Center
850 S Street
ATTENTION: I-140/I-485 Section
Lincoln, NE 68508
Tel. 1-800-375-5283
• When Form I-485 is Filed Separately from the Form I-140: If Form I-140 is pending or approved, the I-485 package (including Forms I-765 and I-131, if applicable) for the principal and accompanying dependents should be mailed to the Service Center where the I-140 was filed. Include a copy of the receipt notice, or approval notice (or transfer notice if the case was subsequently transferred to another Service Center).
Please Let the ISO Know:
1. The date you mailed your I-485 packet is mailed to USCIS (e-mail pennysun@mit.edu or ruizvn@mit.edu)
2. In 2-4 weeks you will receive from USCIS a receipt for the application. Provide a copy of the receipt to the ISO at 4-105.
3. Later, you will receive a notice to appear at Boston USCIS to have your fingerprints taken.
4. If/when you are granted an EAD (work authorization card) and Advance Parole (travel document), please give the International Scholars Office a hard copy of the EAD card.
5. You should receive an I-797 approval notice for your Adjustment of Status application in 18-24 months.
6. You will receive the approval notice (I-797 Notice of Action) from Citizenship and Immigration Services telling you that your adjustment of status has been approved. It will say that your permanent resident card will be mailed to you. If you have not yet received the permanent residence card and you need to travel, please contact the ISO. We have instructions you may use to get a permanent resident stamp in your passport while you wait for the permanent resident card to arrive.
Please provide a copy of the stamp or the permanent resident card to the ISO upon receipt so that we may close your nonimmigrant record and notify Personnel and Payroll of your change to permanent resident status.
ISO Forms: PR matters\Adjust & Preference Checklists\Adjustment Cklst\Adjustment packet\ i485cklst (4/07)
ADJUSTMENT OF STATUS APPLICANTS: IMMUNIZATIONS
As a result of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, all people filing for permanent resident status must provide evidence of certain immunizations. This requirement applies to people who are applying to adjust from non-immigrant to immigrant status here in the U.S. as well as people applying from overseas at a U.S. consular post for an immigrant visa with which to re-enter the U.S.
Required Vaccines: The law requires each individual applying for immigrant status (including family members) to present documentation of vaccination against mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, influenza type B, and hepatitis B, and any other vaccinations against vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices (ACIP). The ACIP guidelines include the varicella, haemophilus influenza type B, and pneumococcal vaccines. Documentation of vaccination against these diseases must also be presented, as appropriate. Please note that the appropriateness of each vaccination for each applicant can only be determined by a qualified medical doctor and will be assessed based on factors such as age, season, etc.
Provisions for a waiver of the vaccination requirements have been made for those who do not wish to comply on the grounds of “religious belief or moral conviction” or for valid medical reasons. You may wish to discuss this with the INS-approved physician during your medical exam.
It is important to obtain a record of vaccinations you have had previously prior to visiting the INS-approved civil surgeon who will be giving you the medical examination for your Adjustment of Status application, and who will complete a Form I-693 Supplement concerning vaccinations. An English translation must accompany any vaccination records that are not in English.
If you are lacking any of the immunizations that are considered to be both required and appropriate for you, and do not qualify for a waiver, you will be required to get those specified by the civil surgeon. Immunizations may be done by the civil surgeon giving you your medical exam, or by your personal physician. Please note that having your own physician do this is likely to be less expensive for you. Your doctor would then provide you with updated records to provide to the civil surgeon. In case of any doubt, we recommend that you wait to obtain any additional immunizations until after you have your appointment with the civil surgeon, to be absolutely certain as to what is necessary. You can then return with additional paperwork, if needed.
