Kevin Keane

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FAQs


Can I change jobs before the six months are up?

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The letter of the law allows this because it says if the I-485 takes at least six months to process rather than after the I-485 has been pending for six months. However, because of the lack of regulations and INS/USCIS history of tightening regulations beyond what the letter of the law allows, many attorneys will recommend that their client try and actually stay with the employer for six months.
 

I have an employment-based I-485 pending and was recently laid off. Can I start with another employer?

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Maybe. According to a recent law change (known as AC21), you are supposed to be able to change employers within the same field if the I-485 takes at least six months to process.
 

I was out of the US when my I-485 was approved. Now I returned. As of which date am I considered a permanent resident?

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This question can become important when you apply for citizenship. The answer to this question is actually not quite clear. I believe that you are a permanent resident effective the date you returned to the US, but have heard other people suggest that you might be a permanent resident as of the approval date.
 

I used Advance Parole (or an H-1B or L-1 visa) to travel out of the US while my I-485 was pending. Now the I-485 was approved while I was out of the country. What do I need to do?

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First, get the approval notice from the US. Have somebody send it. Then use the approval notice in place of the H-1B or Advance Parole document (you should still show the H-1B petition or Advance Parole document). You should in this case be granted deferred inspection. Go to the local USCIS office with your approval notice for final processing.
 

I received a notification that my I-485 was forwarded to the local USCIS office.

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It can mean several things. At times, INS forwarded cases to different offices simply because they are overloaded. In that case, it can actually mean that your case will be processed faster. The other possibility is that your case has been selected for an interview for some reason or another.
 

Will there be an interview?

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For employment-based cases, interviews are usually waived. Only about 5% of all cases will be interviewed. About 3% of all cases are considered "suspicious" for some reason, or need some kind of clarification. Another 2% are pulled at random for quality control purposes. If you are selected for the interview, you will receive a notification that your case has been forwarded to the local office. (this also sometimes happens if the service center is overloaded, so don't panic just because you get this notification).
 

My service center or local office has very long processing times. Can I use a different office?

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Sadly, no, unless you move to a different city - and that, of course, can be problematic in particular for employment-based cases. You must always use the office or service center (depending on your case type) that has jurisdiction over where you live.
 

Do I need to file the I-485 at the service center or at the local office? Do I have a choice?

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This is a common source of confusion. No, you do not have a choice. Employment based I-485s must always be filed at the Nebraska or Texas Service Center (depending on where they live). Family-based I-485s are filed at the Missouri Service Center (via a Chicago mailing address). And if your I-485 is asylum based, you must always file at the Nebraska Service Center, no matter where you live. For detailed up-to-date instructions, please view the USCIS Web Site.
 

Do I need to file the medical exam together with the I-485?

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For cases filed with service centers, yes. For cases filed at the local/district office (very rare nowadays), it depends on the policy at the particular office.
 

I did not know about the Selective Service registration requirement, and now I'm over 26. What can I do?

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Not having registered will usually only be a problem if you are applying for citizenship. You could try and show that you were not aware of the requirement through no fault of your own, but this is usually difficult. The easiest way of dealing with this is through time. Once you turn 31 (five years after the requirement ends), or 29 (three years after the requirement ends) if you are married to a US citizen and qualify for naturalization after the shorter residency, USCIS no longer cares about the evidence of your registration.
 

Do Green Card holders need to join the military?

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Thanks to Shona for inspring this question!

The USA does not have a draft, but the USA does require all males age 18 to 26 to register, including illegal immigrants. This is known as Selective Service. Please see the Selective Service System Web site at www.sss.gov.

There is one exception: lawful non-immigrants do not need to register. However, you do need to register if, between the ages 18 and 26, you ever violate your status (for instance by dropping out of school or by losing your job as an H-1B).

 


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