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  1. #1

    Default Necessity of Filing an I-485 Supplement A

    hi, i'm married to a US citizen but my F-1 visa was expired already and we're filling I-30 along with the I-485, do i need to file the I-485 Supplement A and pay the $1,000? i entered US as F-1 visa (expired) and i didn't work here... thanks in advance for all your help...

  2. #2
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    Default Re: Necessity of Filing an I-485 Supplement A

    Pursuant to the instructions provided by the USCIS,
    Quote Quoting Who May Use Supplement A to Adjust Status to That of LPR Under Section 245(i)?
    You may apply for adjustment of status to that of LPR under section 245(i) if you:
    • Are physically present in the United States when the application is submitted; and
    • Have an immigrant visa number immediately available; and
    • Are admissible to the United States for permanent residence; and
    • Are the beneficiary of an approvable-when-filed visa petition, or an application for labor certification filed on or before April 30,
      2001; and
    • Pay a $1,000.00 penalty fee (unless exempted).
    In addition, the alien must fall within one of the categories noted below:
    • Alien crewmen;
    • Aliens who work without authorization;
    • Aliens in unlawful immigrant status;
    • Aliens who fail to continuously maintain a lawful status since entry into the United States;
    • Aliens who were admitted in transit without visa;
    • Aliens admitted as nonimmigrant visitors under section 212(l) of the Act or under the Visa Waiver Program;
    • Aliens admitted as a nonimmigrant described in section 101(a)(15)(S) of the Act; or
    • Aliens seeking employment-based adjustment of status who are not in lawful nonimmigrant status.
    On the other hand,
    Quote Quoting Who Does Not Need to Use Supplement A to Form I-485?
    You do not have to submit Supplement A to Form I-485 if you:
    • Are already an LPR; or
    • Have continuously maintained lawful immigration status in the United States since November 5, 1986; or
    • Are applying to adjust status as the spouse or unmarried minor child of a U.S. citizen or the parent of a U.S. citizen child at least 21 years of age, and you were inspected and lawfully admitted to the United States other than in C-1 or S nonimigrant status.

    In addition, you do not have to submit Supplement A to Form I-485, if you are filing for an immigration benefit other than adjustment of status to that of LPR or if you are applying for adjustment of status to that of LPR because you:
    • Were granted asylum in the United States; or
    • Have continuously resided in the United States since January 1, 1972; or
    • Entered as a K-1 fiancé(e) of a U.S. citizen; or
    • Have an approved Form I-360, Petition for Amerasian, Widow(er), Battered or Abused Spouse or Child, or Special Immigrant, and are applying for adjustment as a special immigrant juvenile court dependent, or as a special immigrant who has served in the U.S. armed forces, or as a battered or abused spouse or child; or
    • Are a special immigrant retired international organization employee or family member; or
    • Are a special immigrant physician; or
    • Are a public interest parolee, who was denied refugee status, and are from the former Soviet Union, Vietnam, Laos or Cambodia (a "Lautenberg Parolee" under Public Law 101-167); or
    • Are eligible under the Immigration Nursing Relief Act.

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