Obtaining Your Green Card: The Final Stage

Disclaimer: the information contained in this document is designed to provide UNH employees, students, visiting scholars, and their dependents with information about completing the final stage of becoming a U.S. Permanent Resident. It does not constitute legal advice, nor is it meant for individuals who are not associated with the University of New Hampshire.

You have now reached the final stage of the long process to become a U.S. Permanent Resident. The U.S. Citizenship and Immigration Services (USCIS) has approved your employer's immigrant petition on your behalf, a close relative has received notice that you are eligible to immigrate to the U.S., you have been granted political asylum, or have been lucky enough to win a chance to apply for an immigrant visa through the diversity lottery program. It is now time for you to submit your application for permanent residency which, if approved, will make you the recipient of a "green card" allowing you to live and work in the U.S. for an indefinite period of time.

There are two ways to apply for U.S. Permanent Residency. Both require submitting forms and supporting documentation to the U.S. government. In recent years, for those individuals who are already in the U.S. in valid non-immigrant visa status, it has become common to complete this last stage of the residency process from within the United States. This is called an Adjustment of Status. You may also choose to apply for your immigrant status through a U.S. Consulate or Embassy in your home country. This document will provide you with basic information on both processes.

Adjustment of Status to Permanent Resident

If you are currently in the United States and hold valid non-immigrant visa status, you may chose to file an Application for Permanent Residency. This application is filed on Form I-485 and accompanied by numerous other forms and personal documents which constitute an "Application for Adjustment of Status". The completed application is sent to the USCIS Service Center with jurisdiction over the place where you will work, or live. The USCIS considers adjustment of status to be a privilege which permits foreign nationals to apply for permanent residency from within the United States thereby avoiding a costly trip to the home country in order to obtain an "immigrant visa" from a U.S. Embassy or Consulate abroad. Therefore, it is reserved for those foreign nationals, and their immediate family members, who have always maintained legal immigration status in the U.S.

However, adjusting status to permanent resident from within the U.S. has its restrictions and drawbacks. For example, recently, the USCIS has been overwhelmed with applications of all types. Staffing levels have not kept up with the numbers of applications which must be reviewed and adjudicated. This has resulted in enormous backlogs in the adjudication process. Adjustment of status applications which used to take 3 to 6 months now require two years to complete. Nevertheless, for individuals who are in the U.S. in valid non-immigrant visa status and/or who are eligible for work authorization, the convenience of completing this process without returning to the home country may be worth the wait.

Limitations on Travel

If you are in valid H-1 or L-1 visa status and have a need to travel during the time your adjustment application is pending, you must be in possession of a valid passport visa and carry your original Form I-797, Receipt Notice for your adjustment application, with you in order to be readmitted to the U.S.

Foreign nationals holding any other non-immigrant visa classification (such as F-1, J-1, TN, O-1, etc.) must apply for permission to travel by filing Form I-131. Form I-131 can be submitted with an application for adjustment of status, or in person at the USCIS District Office in Boston no sooner than 21 days prior to the actual date of travel.

Although the BCCIS has grown more lenient with granting permission to travel, it is not guaranteed and applicants are advised to plan accordingly. Requests to travel are considered on a case-by-case basis and the applicant must be able to provide evidence that the purpose of travel is necessary for:

1) an unexpected family emergency; or,
2) a business trip which is of major significance to the applicant or his/her employer which can only be done by the foreign national employee.

Travel outside the U.S. without USCIS permission constitutes an abandonment of your residency application and your application will be consider null and void. Further, you may be denied re-entry to the United States.

Employment and Travel During the Adjustment of Status Process

H-1B Visa Holders

Because the H-1B visa carries a "dual intent", UNH employees who are in H-1B visa classification at the time the adjustment application is submitted are permitted to continue employment until the expiration date of the current H-1B status. If necessary, UNH may file for an extension of your H-1B visa classification while your residency application is pending. New regulations permit holders of valid H-1B visas to travel outside the U.S. while an adjustment is pending without special permission from the USCIS. Please consult the OISS for more information about travel and employment during pending residency applications.

All Other Nonimmigrant Visa Holders

UNH employees in a visa status other than H-1B (F, J, TN, O-1, etc.) are advised to apply for employment authorization at the time they file their application for permanent residency regardless of the expiration date of their current status. To apply for employment authorization, complete Form I-765 to ensure that legal immigration status and uninterrupted employment are maintained throughout the process.

Travel outside the U.S. while an adjustment of status application is pending (for those in visa classifications other than H-1B) requires permission form the USCIS. Permission to travel is obtained by filing Form I-131 with the District Office in Boston. Immigration regulations state that the non-immigrant visa status of most foreign nationals who re-enter the U.S. after an absence abroad during a pending adjustment application is voided on re-entry. He or she is "paroled" (hence the term advance parole) into the U.S. and issued a new I-94 card.

Under these circumstances, UNH would be in violation of federal law if it continued to employ such an individual without special employment authorization. If you obtain permission to travel, you must also apply for employment authorization prior to departure. You may apply for employment authorization at the District Office in Boston at the same time you apply for permission to travel, or at the time you submit your adjustment application to the USCIS.

Family members are also eligible to apply for work authorization at the time they submit an application for adjustment.

Medical Examination

All applicants for adjustment of status are required to have a complete medical examination and to submit the results of that medical exam to the USCIS. This medical examination must be performed by a civil surgeon designated by the USCIS. A list of designated civil surgeons is available from the OISS.

During this physical examination you will be tested for tuberculosis and HIV. You will also be required to present proof of immunization for the following diseases:

• Mumps
• Measles
• Rubella
• Polio
• Tetanus
• Diphtheria, Toxoid, Pertussis (DPT)
• Influenza Type B
• Hepatitis B

If you cannot provide adequate documentation that you have been immunized for these diseases, the designated civil surgeon is required to vaccinate you. USCIS will not approve your residency application without the necessary immunizations. If you have a valid medical or religious reason why you cannot be vaccinated, the USCIS doctor may grant you a waiver. The civil surgeon will be able to answer any questions you have about your medical exam or vaccinations. Please be prepared to present evidence of your immunizations (or proof that you have had the disease) at the time of your medical examination.

Fingerprints

All applicants for U.S. residency over the age of 14 are required to be fingerprinted prior to approval of the adjustment application.

Fingerprints are not submitted with your application for residency. You will be notified to go to a USCIS fingerprint site. Please read the instructions in your appointment letter carefully, and take it with you to your fingerprint appointment. (USCIS has a fingerprint facility in Manchester, NH. You will likely be directed to go to that site.)

Although you will no longer submit fingerprints with your application, you are required to submit a fee for each family member over the age of 14. This fee is submitted to USCIS with your residency application prior to your actual fingerprint appointment.

Your application for permanent residency will not be approved until after your fingerprints have been taken by USCIS and transmitted to the Federal Bureau of Investigation (FBI) for a criminal records check.

Proof of Adequate Finances/Affidavit of Support

The U.S. Government requires all intending immigrants to provide evidence that they are not likely to become a "public charge" after obtaining residency. UNH employees should submit a letter from their department verifying current employment status and the salary paid along with copies of current bank statements.

Employees with dependents are required to complete and submit Form I-134, Affidavit of Support, for family members. Your income must equal or exceed 125 percent of the Federal poverty line for your household size to qualify. A copy of the current federal poverty guidelines and Form I-134 are available from the OISS.

Filing Fees and Associated Costs

There are filing fees associated with all USCIS applications. Please check our filing fees page or the USCIS website for current fees, as what is listed on a particular form may not be correct.

Fingerprints: There is a small fee for fingerprints for each family member. This fee must be submitted with your I-485 Application for Permanent Residency.

Medical Examination: You can expect to be charged approximately $100 for each medical examination. If you need immunizations, chest x-rays or other tests, expect additional costs.

Photographs and Miscellaneous Charges: You will need to obtain passport-like photographs for several of these applications. Ask OISS for information about the type of photographs you will need to obtain. Expect to pay a small fee for the photographs.

Media Services, located in the basement of the Dimond Library is available to take photographs for employees. Call Media Services about procedure and cost. There are also several photo places in Dover that do passport-style photographs. Consult the yellow pages of the phone book under photography.

What Forms Will I Actually Have to Submit with My Adjustment Application?

The following is a list of forms and personal documents which may need to be submitted with your application for adjustment of status. Depending upon marital status and family size, not all forms will be necessary. Consult the OISS to find out exactly which forms YOU are required to file. An application for adjustment of status must be filed for each eligible family member (spouses and minor children). Most forms are available from the OISS or go to the USCIS Website to download forms:

• All documents submitted must be in English or accompanied by a certified English translation.
• Form I-485, Application to Register Permanent Residence or Adjust Status;
• Form I-765, Application for Work Authorization;
• Form I-131, Application for Travel Document (if requesting permission to travel);
• Form G-325, Biographical Information;
• Form 9003, Internal Revenue Reporting Form;
• Form I-693, Medical Examination Form and accompanying information;
• Form I-134, Affidavit of Support and all required supporting financial documentation (submitted by principal alien for dependents);
• Four Color Photographs for each applicant (follow specifications);
• A certified copy of original birth certificates for self and all dependents (with English translation, if necessary);
• A certified copy of your marriage certificate (if applicable, and with English translation);
• Proof of death or legal termination of previous marriages (if applicable);
• Copy of I-94 and passport for each applicant;
• Current Letter of Employment for UNH employee. Letter should bear a current date, be on department letterhead, signed by Chair. It should verify the position title and salary and state that the position is permanent in nature;
• Original Bank Letter stating when account was opened and the current balance;
• Original Notice of Approval for an Immigrant Visa (available from the OISS for UNH employees);
• Copies of all Forms I-797, I-20, and/or DS-2019s issued to you (as proof of maintenance of legal immigration status);
• Original Notice of Approval of Waiver of Two-Year Residency Requirement (if applicable).

As with all communication with USCIS, we recommend that Applications for Adjustment of Status be sent by certified mail, return receipt. Be sure to retain a copy of everything submitted to USCIS for yourself and each family member. Send to:

Bureau of Citizenship and Immigration Services
Vermont Service Center
75 Lower Welden Street
St. Albans, Vermont 95479

Obtaining Your Immigrant Visa at a U.S. Embassy or Consulate Abroad

If you are not in the U.S., or if you do not wish to wait a year or more to immigrate to the U.S. and obtain your green card, you may prefer to obtain your immigrant visa at a U.S. Embassy or Consulate overseas. For information about this process visit the National Visa Processing Center website.