Adjustment of Status (I‑485) International Student Comprehensive Steps
1. Process Overview & Steps
● Step 1: Approved I‑130 or Qualifying Basis
● Step 2: Complete & File Form I‑485
● Step 3: Submit I‑864 Affidavit of Support
● Step 4: Attend Biometrics Appointment
● Step 5: Attend Adjustment Interview
● Step 2: Complete & File Form I‑485
● Step 3: Submit I‑864 Affidavit of Support
● Step 4: Attend Biometrics Appointment
● Step 5: Attend Adjustment Interview
2. Estimated Timeline
● I‑485 Processing: 8–14 months
● Work/Travel Authorization (I‑765/I‑131): 4–6 months concurrently
● Total: ~10–16 months
● Work/Travel Authorization (I‑765/I‑131): 4–6 months concurrently
● Total: ~10–16 months
3. Key Difficulty & Resolution
Difficulty: “Sara” forgot to include her I‑94 arrival record and uploaded the wrong passport copy—putting her interview at risk of denial for lack of proof of lawful entry.
Resolution: In a single walkthrough, Daniel showed her exactly which pages to scan, where to label them in the filing package, and how to format her I‑94 printout.
4. Single-Consultation Impact
Sara nearly sent her file off without those critical documents. Daniel’s one‑time review caught the omissions, we re‑filed correctly, and USCIS scheduled the interview without issuing an RFE. The green card followed smoothly.
Labor Condition Application (LCA for H‑1B)
1. Employer Info
○ Company name, address, EIN.
2. Job Information
○ Title, SOC code, wage offered, work location.
3. Wage Level
○ Determine prevailing wage level.
4. Employer Attestations
○ Working conditions, no strike situations.
5. Signatures
○ Authorized signatory.
6. Post Notice to Employees
○ 10‑day posting requirement.
○ Company name, address, EIN.
2. Job Information
○ Title, SOC code, wage offered, work location.
3. Wage Level
○ Determine prevailing wage level.
4. Employer Attestations
○ Working conditions, no strike situations.
5. Signatures
○ Authorized signatory.
6. Post Notice to Employees
○ 10‑day posting requirement.
Form I‑129 (Petition for Nonimmigrant Worker)
Part 1 – Petitioner Information
○ Employer’s name, address, IRS number.
Part 2 – Beneficiary Information
○ Employee’s name, DOB, passport info.
Part 3 – Processing Information
○ Change of status vs. consular.
Part 4 – Classification Requested
○ Check “H‑1B” or “L‑1.”
Part 5 – Other Info
○ Prior petitions, dependents.
Part 6 – Basic Information about the Proposed Employment
○ Job title, duties summary, wage, hours per week.
Part 7 – Additional Information for L‑1 (if applicable)
Part 8 – Petitioner’s Signature
Part 9 – Beneficiary’s Signature (if required)
Supporting Documents
○ Approved LCA, job offer letter, diplomas, experience letters.
○ Employer’s name, address, IRS number.
Part 2 – Beneficiary Information
○ Employee’s name, DOB, passport info.
Part 3 – Processing Information
○ Change of status vs. consular.
Part 4 – Classification Requested
○ Check “H‑1B” or “L‑1.”
Part 5 – Other Info
○ Prior petitions, dependents.
Part 6 – Basic Information about the Proposed Employment
○ Job title, duties summary, wage, hours per week.
Part 7 – Additional Information for L‑1 (if applicable)
Part 8 – Petitioner’s Signature
Part 9 – Beneficiary’s Signature (if required)
Supporting Documents
○ Approved LCA, job offer letter, diplomas, experience letters.
5. Adjustment of Status (Form I‑485)
Switching from a visitor or temporary worker to permanent resident feels like upgrading from economy to first class—but only if you fill out I‑485 correctly. I’ve steered countless green card hopefuls to boarding passes.
Negatives
● Long Waits: 8–14 months or more, depending on your category.
● Interview Risks: Missing document can lead to denial on the spot.
● Inadmissibility Issues: Health, criminal, or immigration violations can trigger denials.
Positives
● EAD & AP: Work (I‑765) and travel (I‑131) permits while I‑485 is pending.
● No Visa Runs: Stay in the U.S. without consular visits.
● Direct Path to Citizenship: After 3–5 years of holding a green card.
Tricks
● Document Checklist: Use a 2‑column table: “Required” vs. “Attached.”
● Combined Packet: Label each exhibit and include a table of contents.
● Medical Exam Prep: Complete Form I‑693 with a “portable” exam kit so you can file anytime.
Step‑by‑Step Process
1. Confirm I‑130 approval or eligibility → 2. Submit I‑485 + I‑765 + I‑131 → 3. Biometrics → 4. Respond to any RFEs → 5. Attend interview → 6. Receive green card
Negatives
● Long Waits: 8–14 months or more, depending on your category.
● Interview Risks: Missing document can lead to denial on the spot.
● Inadmissibility Issues: Health, criminal, or immigration violations can trigger denials.
Positives
● EAD & AP: Work (I‑765) and travel (I‑131) permits while I‑485 is pending.
● No Visa Runs: Stay in the U.S. without consular visits.
● Direct Path to Citizenship: After 3–5 years of holding a green card.
Tricks
● Document Checklist: Use a 2‑column table: “Required” vs. “Attached.”
● Combined Packet: Label each exhibit and include a table of contents.
● Medical Exam Prep: Complete Form I‑693 with a “portable” exam kit so you can file anytime.
Step‑by‑Step Process
1. Confirm I‑130 approval or eligibility → 2. Submit I‑485 + I‑765 + I‑131 → 3. Biometrics → 4. Respond to any RFEs → 5. Attend interview → 6. Receive green card
Payments & Waivers
● I‑485 fee: $1,140 + $85 biometrics (I‑912 waiver if income low)
● I‑765 & I‑131: $410 each (often bundled free with I‑485)
● Biometric only: $85
● I‑765 & I‑131: $410 each (often bundled free with I‑485)
● Biometric only: $85
Special Circumstances
● Parolees (CBP1): Can file I‑485 if parole occurred before 1 year of admission.
● Asylees/Refugees: Different fee structures; asylum‑based applicants often exempt from I‑485 fees.
● Violations: Certain criminal or immigration violations can bar adjustment—consult counsel immediately.
● Asylees/Refugees: Different fee structures; asylum‑based applicants often exempt from I‑485 fees.
● Violations: Certain criminal or immigration violations can bar adjustment—consult counsel immediately.
This overlaps with Article 1, but here’s the quick form summary again:
Part 1 – Basis for Filing (family, employment, asylum, etc.)
Part 2 – Personal Information (name, A‑number, etc.)
Part 3 – Additional Information (physicals, height, weight)
Part 4 – Address History
Part 5 – Parents’ Info
Part 6 – Biographic Info
Part 7 – Marital History
Part 8 – Children
Part 9–13 – Declarations & Signatures (applicant, preparer, interpreter)
Part 14 – Additional Information (continuation sheets)
Supporting Docs: I‑130 receipt, Affidavit of Support (I‑864), I‑693, passport, photos, I‑94, filing fees, work/travel auth forms (I‑765, I‑131) if desired.
Part 1 – Basis for Filing (family, employment, asylum, etc.)
Part 2 – Personal Information (name, A‑number, etc.)
Part 3 – Additional Information (physicals, height, weight)
Part 4 – Address History
Part 5 – Parents’ Info
Part 6 – Biographic Info
Part 7 – Marital History
Part 8 – Children
Part 9–13 – Declarations & Signatures (applicant, preparer, interpreter)
Part 14 – Additional Information (continuation sheets)
Supporting Docs: I‑130 receipt, Affidavit of Support (I‑864), I‑693, passport, photos, I‑94, filing fees, work/travel auth forms (I‑765, I‑131) if desired.
Remember:
- Always type in black ink or fill online.
- Double‑check A‑numbers and dates against your passports/USCIS notices.
- Use the official USCIS instructions for each form—these guides simply help you navigate the sections in real life.
- After your DIY draft, a single consultation with Daniel Albert Law will catch any oversights and set you up for a smooth filing:
- ENGLISH (832) 930‑3059
- SPANISH (832) 356‑7254
- 10925 Beechnut St A106, Houston, TX 77072
- ENGLISH (832) 930‑3059
Next Steps:
If you’re in any of these scenarios—or close to finishing on your own but want peace of mind—schedule a consultation with Daniel Albert Law. One clear, expert session can save you months of delays and avoid costly mistakes.
ENGLISH: (832) 930‑3059
SPANISH: (832) 356‑7254
10925 Beechnut St A106, Houston, TX 77072, United States
