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I-485 ONLINE FILING GUIDE FOR FAMILY-BASED ADJUSTMENT OF STATUS APPLICANTS — Transcript

by Kseniya International · 3,115 words · 472 segments · language en · Watch on YouTube

Full transcript

  1. 0:00The days of bulky green card packets are
  2. 0:03over. You can now complete your family
  3. 0:05green card process entirely online. Hi
  4. 0:08guys, welcome or welcome back to my
  5. 0:10channel. My name is Ksenia. I make
  6. 0:11videos for people who are going through
  7. 0:13the family green card process. I'm not
  8. 0:15an attorney. My videos are based on
  9. 0:16public information, my own experience,
  10. 0:18and the experience of my subscribers.
  11. 0:20And the purpose of my channel is to give
  12. 0:22you all the confidence to go through
  13. 0:23this process completely on your own. So,
  14. 0:26today I wanted to share some very
  15. 0:28exciting news with you all. If you have
  16. 0:31been researching into this process for
  17. 0:32quite some time, you might be familiar
  18. 0:34with the fact that the form I-130, the
  19. 0:37initial petition, has been available
  20. 0:39online for quite a few years now. Some
  21. 0:42other applications then became available
  22. 0:45for online filing, such as the form
  23. 0:47I-131, the advanced parole application,
  24. 0:50and the form I-765, employment
  25. 0:53authorization document. But, until only
  26. 0:55a couple of days ago, the form I-485 for
  27. 0:59family-based applicants has not been
  28. 1:01available online. This application has
  29. 1:03been available for online filing for
  30. 1:05employment-based applicants, but in the
  31. 1:07past couple of days, this option finally
  32. 1:10became available for family-based
  33. 1:13applicants. I tested it out. It does
  34. 1:15work. And so, in today's video, I'm
  35. 1:17going to show you how to do it all. The
  36. 1:20paper filing option is still available
  37. 1:23for you if that is what you choose to
  38. 1:25do. The list of forms for family-based
  39. 1:27adjustment of status has not really
  40. 1:30changed since this video that I made.
  41. 1:32USCIS does give a filing discount when
  42. 1:35it comes to online filing. So, if you
  43. 1:38were to file all of your applications by
  44. 1:41mail, the total amount you would have to
  45. 1:43pay in just filing fees alone would be
  46. 1:46$3,005.
  47. 1:49Plus, remember that you would also have
  48. 1:51the medical exam expenses and additional
  49. 1:54mailing expenses, prep expenses such as
  50. 1:57printing all of your applications, all
  51. 1:59of your evidence. And if you are now to
  52. 2:02file all of these applications online,
  53. 2:04the total amount of money that you would
  54. 2:07spend in fees would be $2,855.
  55. 2:12And one more thing before we jump in.
  56. 2:14So, essentially, this online process is
  57. 2:17the PDF intake process. So, unlike the
  58. 2:21I-130 application where you fill in the
  59. 2:24form fields in the online application,
  60. 2:27this process is a little bit different.
  61. 2:30You first still have to fill out these
  62. 2:32applications using Adobe Acrobat Reader
  63. 2:35on your computer, save them in a PDF,
  64. 2:37and then upload them to this online
  65. 2:41application. You don't actually have to
  66. 2:43physically sign the forms. I will show
  67. 2:45you how the signature portion is handled
  68. 2:48during this video. One of the things you
  69. 2:50want to first do is file the form I-130
  70. 2:55from your petitioner's online account.
  71. 2:58Make sure that you're not completing
  72. 3:02this online application process for the
  73. 3:05green card form and the additional forms
  74. 3:08on the petitioner's account. And do keep
  75. 3:10in mind that if you are in a situation
  76. 3:12where you also have derivatives, they
  77. 3:15also each need to have their own online
  78. 3:17USCIS account and submit their own
  79. 3:21applications from their own account.
  80. 3:23Okay, so let's get started. First, you
  81. 3:25need to log into your online USCIS
  82. 3:27account. Click on the drop-down or on
  83. 3:30the main menu, file a form online. Next,
  84. 3:34select the form from the drop-down that
  85. 3:37you see. So, we're going to select
  86. 3:39I-485.
  87. 3:41Next, select which one of these forms
  88. 3:44you're filing together with your green
  89. 3:46card application. So, in this online
  90. 3:49submission, I do not recommend that you
  91. 3:52select the form I-131
  92. 3:55for one reason, and that is during the
  93. 3:58PDF intake of your online application
  94. 4:00I-131 for advanced parole, you will be
  95. 4:03asked that in your actual application,
  96. 4:06you provide the receipt number of your
  97. 4:09pending form I-485.
  98. 4:12And of course, we're not going to have
  99. 4:14it available because we are in the
  100. 4:16process of filing the form I-485. So,
  101. 4:19unless USCIS actually fixes this issue,
  102. 4:22you are not going to be able to
  103. 4:24concurrently submit the form I-131.
  104. 4:27However, you will be able to do that for
  105. 4:30the form I-765.
  106. 4:33Now, the forms I-485A
  107. 4:36and I-485J
  108. 4:38are supplemental forms. They're not
  109. 4:40required for all family-based
  110. 4:43applicants. Now, the supplement A is
  111. 4:45only applicable to a small number of
  112. 4:48people. You read the eligibility for the
  113. 4:51supplement A. So, in majority of cases,
  114. 4:54you would not have to complete the
  115. 4:56supplement A. Same applies to supplement
  116. 4:59J. That is also for employment-based
  117. 5:01applicants. Click next.
  118. 5:04And then it will guide you through some
  119. 5:06notes that you need to consider before
  120. 5:09you begin applying. It talks about
  121. 5:12biometrics, evidence that you would have
  122. 5:14to pay the fee at the end of it, etc.,
  123. 5:17etc. So, you can read this at your own
  124. 5:18time. The form saves automatically, so
  125. 5:20you can come back to it at any time. You
  126. 5:23don't have to complete all of this in
  127. 5:25one sitting. If you do not touch your
  128. 5:27application for 30 days, then it will be
  129. 5:30expired and deleted from the USCIS
  130. 5:32system, but if you continue to log in,
  131. 5:36to add information, to upload evidence,
  132. 5:38then the 30-day timer will reset every
  133. 5:42single time. Click through all of the
  134. 5:43next and start, it will take you to the
  135. 5:46beginning of the application. Firstly,
  136. 5:49check if you are a principal or a
  137. 5:52derivative applicant. Just to summarize,
  138. 5:55anyone who had a petition filed for them
  139. 5:57individually is considered a principal
  140. 6:00applicant. And then, a derivative
  141. 6:02applicant is anyone who fell under their
  142. 6:05spouse's or their parents' petition. And
  143. 6:08then, select whether you're filing
  144. 6:10family-based. And then, select the
  145. 6:13eligibility which you fall under. You
  146. 6:16want to make sure that the eligibility
  147. 6:18category that is selected in the PDF of
  148. 6:20your I-485 matches to the eligibility
  149. 6:24you are selecting here. By the way, if
  150. 6:27you are a derivative applicant, just
  151. 6:30like in the actual form I-485,
  152. 6:33select the eligibility category of the
  153. 6:35principal applicant in your case. Scroll
  154. 6:39down. Now, select whether you are
  155. 6:40applying as part of a six and six
  156. 6:42program. This is a special armed forces
  157. 6:45service eligibility. You can also read
  158. 6:47about it in the policy manual, which I
  159. 6:50will link below, but does not apply to
  160. 6:53family-based applicants. So, you can
  161. 6:56click no. And for the form I-765,
  162. 7:01you're going to select from the
  163. 7:02drop-down C9 category. Again, that is
  164. 7:06the category that you will indicate in
  165. 7:08your actual application. Next, select
  166. 7:11whether this is initial, renewal, or
  167. 7:13replacement. Even if you had employment
  168. 7:16authorization in the past under a
  169. 7:18different category, if this is your
  170. 7:20first time applying under this category,
  171. 7:24then you will always select initial. And
  172. 7:27then, answer whether you have filed your
  173. 7:30I-485 with a fee on or after April 1st,
  174. 7:332024. Again, this is standard wording.
  175. 7:36Of course, we're filing our I-485
  176. 7:39application after April 1st, 2024. The
  177. 7:42reason why they're asking about this is
  178. 7:45because people who applied for
  179. 7:47adjustment of status before this date
  180. 7:50used to not have to pay the application
  181. 7:53fee for the employment authorization,
  182. 7:55but after that, they would have to pay.
  183. 7:58Next, answer whether or not you're able
  184. 8:01to pay the filing fee. Now, in
  185. 8:03family-based cases, the fee exemption
  186. 8:06form I-912 is only applicable to the
  187. 8:09form I-765,
  188. 8:12but for the form I-485 for family-based
  189. 8:15applicants, you must be able to pay the
  190. 8:18application fee. You also have a sponsor
  191. 8:22who is promising to sponsor your stay
  192. 8:25here. And not being able to pay the
  193. 8:27application fee could be a significant
  194. 8:29red flag to USCIS. Click next. Now, this
  195. 8:33is where you're going to upload the PDF
  196. 8:36of your form I-485.
  197. 8:40Select your filled-out form from your
  198. 8:42computer, and the artificial
  199. 8:44intelligence will validate your form for
  200. 8:47completeness and make sure that it
  201. 8:49matches all of the information to the
  202. 8:52database. If you filed the form I-130 by
  203. 8:55mail, then you would want to make sure
  204. 8:58that you receive receipt notice so that
  205. 9:01you know it's in the USCIS system, so
  206. 9:03then you can proceed with the I-485
  207. 9:05application online. I uploaded an
  208. 9:09unsigned form. So, let me show you what
  209. 9:11happens if your application is not
  210. 9:13completed fully or if there are errors
  211. 9:15in your form. The online system will
  212. 9:18give you an entire list of errors that
  213. 9:21are associated with your application.
  214. 9:24So, if all goes well with your
  215. 9:25application, the status of your form
  216. 9:27should say complete. Next, upload the
  217. 9:30concurrent PDF I-765. For I-765, same as
  218. 9:35for I-485,
  219. 9:37you don't actually have to sign this
  220. 9:39form in pen. Once you upload all of the
  221. 9:43forms, you will be taken to the evidence
  222. 9:45portion of this online filing. So,
  223. 9:47first, you're going to need to upload
  224. 9:50passport-style photos of the applicant,
  225. 9:53the person who is applying for the green
  226. 9:55card in this application. You can get
  227. 9:58your passport style photos done at a
  228. 10:00CVS, at a Walgreens, a Walmart, at the
  229. 10:03USPS, but you can also take them
  230. 10:06yourself on your smartphone. You do have
  231. 10:09to strictly follow the guidelines on the
  232. 10:11Department of State's website, which I
  233. 10:13will also link in the description box of
  234. 10:15this video. And also a lot of the places
  235. 10:17where you take the passport style
  236. 10:19photos, you can ask them for a digital
  237. 10:22copy of your photographs. However, that
  238. 10:25is going to be an additional upcharge,
  239. 10:27and usually it turns out to be quite
  240. 10:29expensive. By the way, when it comes to
  241. 10:31uploading evidence online, you want to
  242. 10:33make sure that all of the documents that
  243. 10:35you are uploading have a clear name. So,
  244. 10:38it's not just a collection of random
  245. 10:41letters and numbers. If you would like
  246. 10:43to, you can upload one document with two
  247. 10:45photos in it, or you can upload the same
  248. 10:48photo twice. Next, you need to upload a
  249. 10:51government-issued identity document with
  250. 10:53your photograph. So, for most adjustment
  251. 10:56of status applicants, this would be a
  252. 10:58biographical page of your passport. You
  253. 11:00will need to upload your birth
  254. 11:02certificate. And here, they do guide you
  255. 11:06to the Department of State website. Find
  256. 11:09your country, scroll down under each of
  257. 11:13these categories, you will see what each
  258. 11:17of these civil documents is supposed to
  259. 11:18look like, what is the issuing
  260. 11:20authority, what are some special seals
  261. 11:22or signatures that need to exist on this
  262. 11:24document. If your birth certificate is
  263. 11:26in a foreign language, it is very
  264. 11:28important that you get it translated,
  265. 11:30and also have the translation in the
  266. 11:33same PDF as the copy of your original
  267. 11:36birth certificate. It will not let you
  268. 11:38upload more than one file in this
  269. 11:40section. A big mistake that some
  270. 11:42applicants make is that they only send a
  271. 11:45copy of their original birth
  272. 11:47certificate, or just the translation.
  273. 11:50You must send both. Next, you need to
  274. 11:53provide evidence of your inspection and
  275. 11:55admission. So, for most applicants in
  276. 11:59this case, this would be the passport
  277. 12:02page with your non-immigrant visa, or
  278. 12:05your I-94. So, select it here. But, if
  279. 12:09you upload your visa page, for example,
  280. 12:11then you can select passport or travel
  281. 12:12document. By the way, if you're
  282. 12:14struggling to locate your I-94 online,
  283. 12:17check out this video I made where I
  284. 12:20offer solutions to this problem. Click
  285. 12:22next. Now, you're going to need to
  286. 12:25upload the documentation of your
  287. 12:27immigrant category.
  288. 12:29So, in here, this is where you will need
  289. 12:31to upload the receipt copy of the I-130
  290. 12:36receipt. The online application will
  291. 12:39validate it to make sure that the
  292. 12:41receipt number matches, that the name of
  293. 12:43the petitioner and the beneficiary
  294. 12:45match. Next, you're going to submit
  295. 12:48evidence of continuously maintaining
  296. 12:50your lawful status since last arrival in
  297. 12:52the US. Now, if you honestly don't have
  298. 12:56this, so if you are in a period of
  299. 12:58overstay, you cannot obviously upload
  300. 13:01anything here. After clicking next, you
  301. 13:03will get a yellow alert for missing
  302. 13:06evidence. So, yellow alerts allow you to
  303. 13:08still proceed with the application
  304. 13:11without having to submit anything here.
  305. 13:14And the red alerts are the ones that
  306. 13:16prevent you from completing the process.
  307. 13:19But, if you do have documents that show
  308. 13:22your continuous presence in the US, you
  309. 13:25absolutely should upload them. So, they
  310. 13:27do give you here, you can one more time
  311. 13:30upload your I-94 document. You can
  312. 13:33upload any I-20 forms, DS-2019s.
  313. 13:37You will need to show that you have
  314. 13:38maintained your presence here. Moving
  315. 13:42on. Now, here we are at the medical exam
  316. 13:44portion of this application. Please
  317. 13:46carefully read the guidelines for the
  318. 13:48medical exam submission, because when
  319. 13:51you file your Form I-485 electronically,
  320. 13:54you're going to open your completed
  321. 13:58package from the civil surgeon, but you
  322. 14:01still must maintain your original form
  323. 14:03that you just opened, and you're going
  324. 14:06to have to bring it with you to your
  325. 14:08green card interview. You will need to
  326. 14:10scan every single page in that package,
  327. 14:13the form, the exam results, the any
  328. 14:17vaccinations that you have, and upload
  329. 14:19it all here. Click next. So, here, if
  330. 14:24you have ever had any citations,
  331. 14:28arrests, convictions, proceedings in
  332. 14:31court, now you will need to upload
  333. 14:34certified police and court records of
  334. 14:36any criminal arrests, convictions,
  335. 14:39anything you had. So, you don't have to
  336. 14:43include records of any traffic
  337. 14:45violations or anything like that that
  338. 14:47were minor in nature, that did not
  339. 14:49result in a big fine or penalty over
  340. 14:53$500 or points on your driver's license.
  341. 14:56But, in the actual form itself, in
  342. 14:59question 22, you will still need to
  343. 15:02answer yes if you have ever been cited.
  344. 15:05Many people misunderstand the question
  345. 15:07in this form by thinking that they
  346. 15:09shouldn't answer yes to this question if
  347. 15:11they had a minor citation, traffic
  348. 15:14violation, parking ticket, etc.
  349. 15:16Actually, what this is saying is that
  350. 15:18you still must answer yes, because
  351. 15:20traffic violations are citations. You
  352. 15:22must answer yes to this question. A lot
  353. 15:25of USCIS officers can potentially get
  354. 15:28still get hung up on this issue, and may
  355. 15:30still delay your case if you don't
  356. 15:33provide this evidence ahead of time. So,
  357. 15:35no matter how minor the violation is, it
  358. 15:38is still in your best interest to avoid
  359. 15:41any further questioning, or to avoid
  360. 15:44delays in your case, requests for
  361. 15:46evidence. And of course, if you have
  362. 15:48never had any violations, you don't have
  363. 15:50any court dispositions, nothing like
  364. 15:51that to declare, then you can simply
  365. 15:54skip this part. Again, you're given a
  366. 15:56yellow alert, you can proceed further
  367. 15:58without providing this evidence. Now,
  368. 16:00the additional parts of evidence here
  369. 16:03are the Form I-508,
  370. 16:06566,
  371. 16:07612, people in special circumstances.
  372. 16:11So, the Form I-508 is for people who
  373. 16:14hold an AG or an E visa. Then, in
  374. 16:18addition to all of these other forms,
  375. 16:20applications, evidences, you're going to
  376. 16:23also have to fill out this application,
  377. 16:26and also the application I-566.
  378. 16:30Now, again, if you are not in any of
  379. 16:33these categories, you can simply skip
  380. 16:36these parts of the evidence. Same
  381. 16:38applies for the people who are
  382. 16:41requesting a waiver of foreign residence
  383. 16:43requirement. If you are here on a J
  384. 16:46visa, and you are subjected to the rule
  385. 16:49212E,
  386. 16:50you will see that annotation in your
  387. 16:53passport. You may have to obtain the
  388. 16:55waiver of foreign residence requirement,
  389. 16:57or a no objection statement from your
  390. 17:01country. If you are a derivative
  391. 17:03submitting this application from your
  392. 17:05own account, you will need to upload the
  393. 17:09principal applicant's form or petition
  394. 17:12copy or receipt. Next, you will need to
  395. 17:16provide the Form I-864 affidavit of
  396. 17:19support, and any additional affidavits
  397. 17:23of support if it applies to you. If you
  398. 17:27are unsure what supporting documents you
  399. 17:29will need to provide, at the end of my
  400. 17:31video for I-864, I provide a list of
  401. 17:35supporting documents that is required in
  402. 17:38each situation. Combine them into one
  403. 17:41PDF, which means that it would have to
  404. 17:43include the affidavit of support, tax
  405. 17:46returns or tax return transcripts, proof
  406. 17:48of the sponsor's status, and any
  407. 17:51additional documentation you wish to
  408. 17:53provide, such as an employment
  409. 17:54verification letter, and pay stubs.
  410. 17:57Moving on. If there is any additional
  411. 17:59evidence that you would like to provide,
  412. 18:02that you weren't able to upload, you can
  413. 18:05upload it all here. Moving on. It will
  414. 18:08request you to submit all of the
  415. 18:10required documents for the I-765
  416. 18:13supplemental form if you do select it
  417. 18:16with your application. So, once again,
  418. 18:18upload the passport style photo, I-94
  419. 18:21arrival/departure record, the last
  420. 18:24employment authorization document that
  421. 18:25you had, if you ever had one before. So,
  422. 18:29you would need to upload the front and
  423. 18:30the back copy of it, and it should be
  424. 18:33all in one document, preferably on one
  425. 18:36page of this document. Same applies to
  426. 18:39this section of the 765 when it asks for
  427. 18:43your I-485 application, you obviously
  428. 18:46cannot upload it here, so you can also
  429. 18:48skip past this. And any additional
  430. 18:51evidence that you wish to upload for the
  431. 18:52Form I-765, but once again, uh most of
  432. 18:55the applicants are not going to have
  433. 18:57anything additional. Okay. So, at the
  434. 18:59very end, if everything is uploaded and
  435. 19:02completed correctly, all of the
  436. 19:04documents are validated, you have
  437. 19:07uploaded everything that you were
  438. 19:08supposed to upload, you will be given a
  439. 19:11green alert that says that there are no
  440. 19:13issues with your application, and the
  441. 19:15final fee that you will have to pay. So,
  442. 19:17you will notice here that this final fee
  443. 19:19includes the discounted fee for the Form
  444. 19:22I-485 online filing, and also the
  445. 19:25discounted fee for the 765 online
  446. 19:29filing. If you click next, review to
  447. 19:31make sure that everything here is all
  448. 19:33set, clicks click next, and this is the
  449. 19:36portion that will do the online
  450. 19:39signature for you. So, this is why you
  451. 19:41don't have to actually sign your PDFs
  452. 19:44when you upload them, is because your
  453. 19:47digital signature in this portion will
  454. 19:49be applied to both of the forms that you
  455. 19:52have submitted. And then it will direct
  456. 19:54you to the pay and submit portion. So,
  457. 19:57once you click pay and submit, you will
  458. 19:58be redirected to an official government
  459. 20:01website where you will pay the filing
  460. 20:03fee. Once your payment is processed,
  461. 20:05your application will be officially
  462. 20:08submitted. So, this is the online
  463. 20:10process. Please do comment below about
  464. 20:13your personal experience with the online
  465. 20:15application. Check out all of the other
  466. 20:17videos on my channel, especially the
  467. 20:19video guides on how to properly complete
  468. 20:21the applications that we discussed in
  469. 20:23today's video. Give this video a thumbs
  470. 20:26up. Subscribe to my channel if you
  471. 20:27haven't already, and I hope to see you
  472. 20:29guys in my other videos. Bye.

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