Adjustment of Status

Adjustment of status is the last step in the permanent residency process. Foreign Workers will be filing the adjustment of status application directly with the US Citizenship and Immigration Services. Documents required by USCIS can change, so applicants should always check with USCIS.gov to gain the most current application information. A qualified immigration attorney will be able to assist if there are questions about eligibility to adjust to permanent resident. Once the foreign worker receives evidence of permanent residence, the worker will need to provide ISS and UA Human Resources with a copy of the “green card”.

The list below includes many of the documents required by USCIS to consider an applicant for adjustment of status. Applicants should always verify with the USCIS website for specific documents needed for individual circumstances:

  • Form I-485 (Application to Register Permanent Residence or Adjust Status) for each family member
  • I-485 fee - Go to the USCIS Web site for current I-485 fee and form information and information about the biometric fee.
  • Form I-765 Application for employment authorization
  • Form I-131 Application for Travel Document
  • Form I-693 medical exam and Form I-693 supplement for each family member (X-ray report and serology not needed for children under the age of 14), completed and sealed by a Designated Civil Surgeon
  • Copy of approval notice (Form I-797) of I-140 immigrant petition for alien worker
  • For prior exchange visitors who were subject to the I.N.A. § 212(e) two year home country physical presence requirement, a copy of the INS or USCIS approval of a waiver of that requirement, or the letter from the Department of State (DOS) recommending a waiver
  • Letter of support from department chair verifying the title, rate of pay, and permanent nature of the position.
  • Two photos of each family member that meet USCIS Photo Guidelines, with name, Social Security Number, and I-94 number written on the back in pencil
  • Copy of birth certificate for each family member with translation if not in English
  • Copy of marriage certificate with translation if not in English, for derivative spouses
  • Copy of divorce or death certificates from previous marriages with translation if not in English
  • Copy of all passports held while present in the United States (introductory and any and all stamped pages)
  • Copy of Form I-94 (print electronic version from http://www.cbp.gov/i94), and evidence of having maintained an uninterrupted nonimmigrant status at all times while in the United States (e.g. I-20s [F-1], IAP-66s and DS-2019s [J-1], I-797s [H-1B] and other employment-based categories], employment authorization documents, etc.)
  • For individuals who have held F-1 or J-1 student status, a copy of transcripts for entire period of study in the United States
Once the application(s) have been accepted by USCIS, they will send notification of date and place for fingerprints to be taken
  • **Form I-864 (Affidavit of Support), notarized, completed by principal applicant for spouse and each child (attach additional documentation as described in the I-864 instructions) –
    • This form is not required for every application.
    • Be sure to carefully read the instructions to see if you are required to submit this form.