Tag: I-485

Why should you get the medical done before you file your I-485 application and, in most cases, submit it with your I-485 application?

Know the importance of including your medical exam with the I-485 application for a smooth green card process.You should get your medical exam completed before you file your green card for two important reasons. First, you–and I as your attorney–want to see if any issues come up with your medical exam. For example, a client recently conducted her medical exam and learned that she was positive for TB (tuberculosis). With that diagnosis, she is not eligible for a green card. She needed to get the necessary treatment–which took 8 months–in order to get a clear and complete medical exam. If she had filed without the medical exam, waited for an RFE, and then learned that she had TB, she may not have been able to respond to the RFE by the 3-month deadline and her entire case would have been denied, and she would have had to start over. Sometimes, even when we see negative results, we file the application due to certain legal issues. However, it’s best to decide to file without the medical exam knowing why you’re applying without the medical exam. 

The other big reason to file with the medical exam is that USCIS can fully approve your case if the medical exam is included. Meaning, in most cases (since 20220, there will be no interview. Lots of people used to bring the medical exam to the interview. Now, you do not always have that opportunity. If you don’t file the medical exam with your application, the approval of your case may be slowed down because USCIS has to ask you for the exam, you have to send it to USCIS, and then USCIS has to get back to looking at your case once you send in the exam.

 

If you need to talk to an experienced immigration attorney. We’ve helped hundreds of people traverse the complicated immigration and citizenship process. We would love to help you as well.  Call (617-766-0214) or email hello@cambridgeimmigrationlaw.com to get in touch.

Form I-944 Financial Information Required for Most Green Card Applications from within the US

As of February 24, 2020, USCIS requires that all Form I-485 Application for Adjustment of Status (“green card applications”) be accompanied by Form I-944 Declaration of Self-Sufficiency. This form requires a burdensome amount of financial documents from the US citizen or LPR petitoner and from the intending immigrant. Also, this inquiry goes well outside the prior scope of financial inquiry of whether the US citizen or LPR petitioner is eligible to obtain a green card for his/her family member. In short, the form and the requirements are unfair and likely unlawful.

 

The Form is at https://www.uscis.gov/i-944 .

I am still in the process of making a list of documents that are necessary for this form. In addition to my standard requests for three years of IRS tax transcripts, three years of W-2, recent paystubs and employer letters, I am requesting many more financial documents from my clients. For now, the new list of documents includes:

1. Proof of Petitioner and Beneficiary having health insurance in the form of Form 1095 (a federal tax form), a policy explanation from your health insurance company, or a letter from  your employer regarding your health insurance

2. Credit reports for Petitioner and Beneficiary from one of the major credit agencies, Equifax, Experian or TransUnion

3. Latest bank statements for all Petitioner and Beneficiary’s accounts and

4. Latest statements for all retirement, investment, etc. for Petitioner and Beneficiary

5. Latest mortgage statement from any real estate owned by Petitioner and Beneficiary

6. Latest statements for any car loans, student loans, credit card debt, other loans for Petitioner and Beneficiary

 

Suspended Final Decision on Employment-Based I-485s

USCIS announced that final adjudication of employment-based I-485s is suspended for the remainder of FY2015 due to the statutory cap being reached for the employment-based preference categories. USCIS will accept current I-485s and resume final adjudication when visa numbers are available.

For more information please visit AILA.