Adjustment of Status - Which Forms Should I File?

[@aditbhiday]

Excellent information as always, Jennifer!

[@jlw.immigrationlaw]

You're welcome 🧡

[@DKJ232]

Are you saying that a US citizen filing for an immediate relative can't file I-130 and I-458 together concurrently. That the I-130 has to be approved first before filing the I-485 ?

[@jlw.immigrationlaw]

Hello, If the case is a straight-forward adjustment of status case for an immediate relative, then the petition and I-485 may be filed concurrently. If it’s a consular processing case, a case for a person who is not an immediate relative, or a case where the beneficiary is in removal proceedings, then the I-130 must be approved before the I-485 can be filed.

[@Dhanalakshmi-zr9pi]

Hi I recently filed my I-539, retuned by USCIS due to missing some filed, I missed filling some information. It’s my mistake. Now should I have to fill out a new one or can I just fill the missing fields and resend the same to USCIS? Please advise me. Thank you so much.

[@jlw.immigrationlaw]

Hello, In our experience, it is fine to resubmit rejected forms once the missing information has been provided. We also frequently remind our audience that it is important to keep complete copies of everything submitted to USCIS.

[@Jimydog72]

Hello, Thanks for the information. It is currently June 2024, can we still file the I-765 and I-131 for free when filing the I-485? I have done this in the past for my wife who is naturalized and is going to submit I-130 for her mother who is already in the US. she came over on Humanitarian Parole and now is in TPS status. Also, this al needs to be done with paper filing as well since I-485 (according to USCIS website) can't be filed online?

[@jlw.immigrationlaw]

Hi, Jim, Yes, applicants are permitted to file I-131 and I-765 with the adjustment of status application, however, after April 1, 2024, those forms require filing additional fees as well. Prior to this date, they did not require additional fees. Unfortunately, the I-485 is not yet enabled for online filing, and the I-765 and I-131 for adjustment of status categories must also be filed through the mail. The I-130 can be filed online and then proof of that filing included with the packet sent to USCIS, or the paper I-130 can be filled out and printed and included in the packet with the rest of the forms.

[@mdalam-wk7sn]

Very informative .. thanks, This is Md Iftekharul Alam and currently I am living in Bangladesh. My son Issam Alam on 15th November will be 21 years old and he lives in Texas. He is planning to apply Green Cars for me. In this subject matter we are looking for support from your side. Your sooner response will be appreciated.

[@jlw.immigrationlaw]

Hello, We would be honored to assist your son in reuniting your family in the United States. You or your son may schedule an initial consultation with any of our attorneys through our website at jlw.law. We look forward to meeting him and you!