I-485 Other categories additional instructions

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ADDITIONAL INSTRUCTIONS FOR  APPLICANTS WITH OTHER Other categories

The purpose of these additional instructions is to provide more specific information on each immigrant category. You must read the additional instructions that apply to your specific immigrant category as well as the previous main instructions for Form I-485. If your immigrant category is not discussed here, it is because there are no additional instructions for that category.

MANAGERS AND EXECUTIVES - I-485 Other categories additional instructions

Certain international broadcaster (Form I-360)

Special immigrant international broadcasters generally work for the International Broadcasting Bureau of the U.S. Broadcasting Board of Governors (or its grantee) as reporters, writers, translators, editors, producers, analysts, hosts, or announcers for news broadcasts.

If you are filing your Form I-485 under the special immigrant international broadcaster category, you may not file your Form I-485 until USCIS first approves your Form I-360 and a visa is available immediately.

Special immigrant juvenile Form I-360

Special immigrant juveniles are unmarried, under 21 years of age at the time of filing Form I-360, and have a qualifying order from a state juvenile court (see 8 CFR 204.11(a) for the definition of a juvenile court) that makes the findings required under INA section 101(a)(27)(J).

If an employment-based fourth preference (EB-4) immigrant visa is immediately available, applicants filing as special immigrant juveniles do not have to wait until Form I-360 is approved to file Form I-485. If a visa is immediately available, you may file your Form I-485 together with your Form I-360, while your Form I-360 is pending, or after your Form I-360 is approved. Otherwise, you may file your Form I-485 only after your Form I-360 is approved and a visa is immediately available. See the When Should I File Form I-485 section above for more information.

NOTE: USCIS considers anyone granted special immigrant juvenile classification to have been paroled into the United States for the purpose of special immigrant juvenile based adjustment, regardless of how you actually arrived in the United States. When filling out Part 1., Item Numbers 22.a. – 25.c. of the Form I-485, please list how you actually arrived in the United States.

Derivative applicants are not allowed in this category.

Evidence of Financial Support

If you are filing Form I-485 as a special immigrant juvenile, you do not need to submit evidence of financial support.

Form I-360

Special immigrant religious workers are members of a religious denomination who will be working as a minister or in another professional capacity in a religious vocation or occupation for the denomination’s bona fide nonprofit religious organization in the United States.
If you are filing your Form I-485 under the special immigrant religious worker category, you may not file your Form I-485 until USCIS first approves your Form I-360, and a visa is immediately available.
Except for ministers, all other religious workers and their derivatives must have their Form I-485 approved on or before the end date of this program (sunset date). Statutory amendments may extend this date. For information on the sunset date, please visit the USCIS website at www.uscis.gov/working-united-states/permanent-workers/employment-based- immigration-fourth-preference-eb-4/special-immigrant-religious-workers.

Certain Afghan or Iraqi national (Form I-360)

Special immigrant Afghan or Iraqi nationals are: nationals of Afghanistan or Iraq who worked with the U.S. armed forces or U.S. Coast Guard as translators; Iraqi nationals who were employed by or on behalf of the U.S. Government; or Afghan nationals who were employed by or on behalf of the U.S. Government in Afghanistan, in the International Security Assistance Force (ISAF), or in a successor mission to ISAF.

If you are filing your Form I-485 under the special immigrant Afghan or Iraqi national category, you may not file your Form I-485 until USCIS first approves your Form I-360 and a visa is available immediately.

Certain G-4 international organization or NATO-6 employee or family member (Form I-360)

Special immigrant G-4 or NATO-6 employees or family members include: retired officers or employees of an international organization or NATO (and spouses), surviving spouses of deceased officers or employees of an international organization or NATO, and unmarried sons or daughters of current or retired officers or employees of an international organization or NATO.

If a visa is immediately available, a special immigrant G-4 international organization or NATO-6 employee or family member does not have to wait until Form I-360 is approved to file Form I-485. If a visa is immediately available, you may file your Form I-485 together with your Form I-360, while your Form I-360 is pending, or after your Form I-360 is approved. Otherwise, you may file your Form I-485 only after your Form I-130 is approved and a visa is immediately available. See the When Should I File Form I-485 section above for more information.

 

Additional Evidence Requirements

As a special immigrant G-4 international organization or NATO-6 employee or family member, you must submit evidence showing you meet certain requirements specific to this immigrant category. Therefore, in addition to the evidence listed in the What Evidence Must You Submit with Form I-485 section, the principal applicant must also submit:

  1. A copy of every page of your passport and any other document showing residence and physical presence in the U.S. for the required time period (see www.uscis.gov/greencard for more information); and
  2. Evidence that you maintained your G-4, N, or NATO-6 nonimmigrant status since your last entry into the United States.

Human trafficking victim (T Nonimmigrant, Form I-914) or derivative family member (Form I-914A)

You may apply to adjust status under INA section 245(l) if you are a victim of human trafficking who was admitted to
the United States in T nonimmigrant status, maintained continuous physical presence for the required period of time, are
a person of good moral character, and have complied with reasonable requests to assist law enforcement authorities in
the investigation or prosecution of acts of trafficking, would suffer extreme hardship involving unusual and severe harm upon removal from the United States or were under 18 years of age at the time of the victimization that qualified you for
T nonimmigrant status. Special confidentiality protections (described at 8 U.S.C. section 1367) apply to you as a human trafficking victim. 8 U.S.C. section 1367 provides two forms of critical protection for human trafficking victims. The first form of protection is a prohibition on adverse determinations against the victim based on information provided solely by their abuser and other prohibited sources. The second form of protection is a prohibition on disclosure of any information about the victim to third parties, except in certain very limited circumstances.

If you are a principal applicant (T-1 nonimmigrant), you may file Form I-485 only after you have been in the United States for the following time period, whichever is less:

  1. A continuous period of at least three years since you were first admitted as a T-1 nonimmigrant; or
  2. A continuous period during the investigation or prosecution of acts of trafficking, and the Attorney General has determined the investigation or prosecution is complete.

If you are a derivative applicant (T-2 through T-6 nonimmigrant), you may file Form I-485 only once the principal applicant has met the above physical presence requirement.

 

Evidence of Financial Support

If you are filing Form I-485 as a T nonimmigrant, you do not need to submit evidence of financial support.

Additional Evidence Requirements

As a human trafficking victim, you must submit evidence showing you meet certain requirements specific to this immigrant category. Therefore, in addition to the evidence listed in the main instructions, principal and derivative applicants must also submit:

  1. Evidence you were lawfully admitted in T nonimmigrant status and continue to hold such status at the time you file Form I-485; and
  2. Evidence that adjustment of status is warranted as a matter of discretion.

In addition, principal applicants must also submit:

  1. Evidence of continuous physical presence;
  2. Evidence of good moral character; and
  3. Evidence you complied with reasonable requests for assistance in the investigation or prosecution of the acts of trafficking or evidence that you would suffer extreme hardship involving unusual and severe harm upon removal from the United States or evidence that you were under 18 years of age at the time of the victimization that qualified you for T nonimmigrant status.

 

Evidence of Continuous Physical Presence

You do not need to submit documentation showing that you were present in the United States on every single day during the requisite period of physical presence, but you should not have significant chronological gaps in your documentation.

To show continuous physical presence, you must submit Item Numbers 1. – 3. below.

1. Copies of every page of your passport or equivalent travel document (or valid explanation of why you do not have such a document).

2. Documentation of any departure from, and return to, the United States while in T-1 nonimmigrant status, including:

Date of departure;

Place of departure;

Length of departure;

Manner of departure (plane, boat, etc.);

Date of return;

Place of return; and

Affidavit

3. Evidence establishing continuous physical presence, which may include, but is not limited to:

  • Documentation issued by any governmental or nongovernmental authority, provided the documentation contains your name, was dated at the time it was issued, and contains the normal signature, seal, or other authenticating instrument of the authorized representative of the issuing authority;
  • Educational documents;
  • Employment records;
  • Certification that you filed Federal or state income tax returns showing that you attended school or worked in the United States throughout the entire continuous physical presence period;
  • Documents showing installment payments, such as a series of monthly rent receipts or utility bills;
  • A list of the type and date of documents already contained in your DHS file that establishes physical presence, such as, but not limited to, a written copy of a sworn statement given to a DHS officer, a document from the law enforcement agency attesting to the fact that you have continued to comply with requests for assistance, the transcript of a formal hearing, and Form I-213, Record of Deportable-Inadmissible Alien; or
  • Your own affidavit attesting to your continuous physical presence.

 

NOTE: If you do not have documentation to establish continuous physical presence, you must explain why in an affidavit and provide additional affidavits from others with first-hand knowledge who can attest to your continuous physical presence with specific facts. Your affidavit alone is not sufficient to show continuous physical presence.

NOTE: Generally, if you departed from the United States for any trip that lasted longer than 90 days or for multiple trips that together exceeded 180 days, you failed to maintain continuous physical presence unless you can establish that:

  1. Your absence was necessary to assist in the investigation or prosecution of acts of trafficking; or
  2. An official involved in the investigation or prosecution of acts of trafficking certifies that the absence was otherwise justified.

NOTE: If you have less than three years of continuous physical presence since you were first admitted as a T-1 nonimmigrant, you must submit a document signed by the Attorney General of the United States (or designee) stating that the investigation or prosecution is complete.

 

 

Evidence of Good Moral Character

Before USCIS can approve your application, USCIS must find that you are a person of good moral character according to INA section 101(f).

In order to demonstrate good moral character, you must submit:

  1. Your own affidavit attesting to your good moral character; and
  2. A local police clearance or a state-issued criminal background check from each locality or state in the United States that you have resided in for six or more months while you were in T-1 nonimmigrant status. If local police clearances, criminal background checks, or similar reports are not available for any location where you resided, you may include an explanation and submit other evidence about your good moral character while you resided at that location.

You may also submit other credible evidence of good moral character, such as affidavits from responsible persons who can knowledgeably attest to your good moral character.

If you are under 14 years of age, you do not need to submit evidence of good moral character. However, if there is reason to believe that you may lack good moral character, USCIS may require evidence of good moral character.

Evidence of Compliance with Reasonable Requests for Assistance in the Investigation or Prosecution OR Evidence That You Were Under 18 Years of Age at the Time of the Victimization OR Evidence of Extreme Hardship Involving Unusual and Severe Harm

You must submit evidence that shows you:

  1. Complied with any reasonable request for assistance in the investigation or prosecution of acts of trafficking;
  2. Were under 18 years of age at the time of the victimization that qualified you for T nonimmigrant status; or
  3. Would suffer extreme hardship involving unusual and severe harm if removed from the United States.

Evidence of Compliance with Reasonable Requests for Assistance

Evidence that you continue to comply with any reasonable request for assistance in the investigation or prosecution of trafficking in persons includes, but is not limited to:

  1. Your own affidavit describing how you continue to comply with any reasonable requests;
  2. A statement from a Federal, state, or local law enforcement official describing how you complied with any reasonable requests;
  3. A re-signed and dated Form I-914, Supplement B;
  4. Trial transcripts;
  5. Court documents;
  6. Police reports; and
  7. News articles.

If you assisted law enforcement when you received your T-1 nonimmigrant status and are no longer assisting law enforcement, you should describe in a written statement why you are no longer assisting. Reasons may include, but are not limited to:

  1. The investigation or prosecution is complete;
  2. Your T-1 nonimmigrant status is based on your willingness to assist but you were not needed, and you continue to be willing to assist but your assistance is still not needed;
  3. You were not asked to assist after being granted T-1 nonimmigrant status; or
  4. A request for assistance was not reasonable (See 8 CFR Section 214.11(a) for more information).

USCIS may consult the Attorney General of the United States if appropriate.

NOTE: If you were not required to comply with any reasonable requests for assistance in the investigation or prosecution when you received your T-1 nonimmigrant status (because you were under 18 years of age or suffered trauma at the time of victimization that excepted you from the compliance requirement), you should include an affidavit stating that you were not subject to the compliance requirement.

Evidence of Extreme Hardship Involving Unusual and Severe Harm

Alternatively, you may also submit evidence that you will suffer extreme hardship involving unusual and severe harm if you are removed from the United States. Proving extreme hardship involving unusual and severe harm requires you to meet a higher standard of proof than other extreme hardship standards in immigration law. The extreme hardship cannot be based on current or future economic harm, or the lack of or disruption to social or economic opportunities. USCIS may consider both traditional extreme hardship factors and the factors associated with having been a victim of a severe form of trafficking in persons, as well as relevant country condition reports or any other public or private sources of information. However, USCIS will only consider factors that show hardship to you, not to other people or your family members.

See 8 CFR 214.11(i) for a list of factors.

You should include evidence to document all factors that are relevant to you. However, if the basis of your current extreme hardship claim is a continuation of the extreme hardship claimed in your application for T-1 nonimmigrant status, you do not need to re-document the entire claim. Instead, submit evidence to establish that your previously established extreme hardship is ongoing.

NOTE: USCIS is not bound by its previous extreme hardship determination. Discretion

Adjustment of status based on T nonimmigrant status is not an automatic benefit, so you bear the burden of showing that USCIS should use its discretion to approve your adjustment of status application. When making a discretionary decision on your application, USCIS may take into account all factors, including those acts that would otherwise make you inadmissible.

Generally, favorable factors such as family ties, hardship, and length of residence in the United States, may be sufficient for USCIS to use its discretion to approve your application. However, when adverse factors are present in your case, you may offset these by submitting supporting documentation of favorable factors you wish USCIS to consider. See 8 CFR 245.23(e)(3).

 

 

Crime victim (U Nonimmigrant, Form I-918), derivative family member (Form I-918A), or qualifying family member (Form I-929)

You may apply to adjust status under INA section 245(m) if you are a victim of certain specified crimes who was admitted to the United States in U nonimmigrant status, maintained continuous physical presence for the required period of time, and have complied with reasonable requests to assist law enforcement authorities in the investigation or prosecution of the criminal activity. Special confidentiality protections (described at 8 U.S.C. section 1367) apply to you as a crime victim. 8 U.S.C. section 1367 provides two forms of critical protection for crime victims. The first form of protection is a prohibition on adverse determinations against the victim based on information provided solely by their abuser and other prohibited sources. The second form of protection is a prohibition on disclosure of any information about the victim to third parties, except in certain very limited circumstances.

Both principal and derivative applicants may file Form I-485 only after they have been physically present in the United States for a continuous period of at least three years since being admitted as a U nonimmigrant. Applicants must continue to be physically present through the date that USCIS makes a decision on this application.

Additionally, certain qualifying family members may also apply for adjustment of status. Your approved Form I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant, confirms that you are a qualifying family member who may file Form I-485. You must also show that the qualifying family relationship that formed the basis of your Form I-929 approval exists at the time the principal applicant (U-1 nonimmigrant) becomes a lawful permanent resident and continues to exist until USCIS makes a decision on your Form I-485.

Evidence of Financial Support

If you are filing Form I-485 as a U nonimmigrant, you do not need to submit evidence of financial support.

Additional Evidence Requirements

As a U nonimmigrant, you must submit evidence showing you meet certain requirements specific to this immigrant visa category. Therefore, in addition to the evidence listed in the main instructions, principal and derivative applicants must also submit:

    1. Evidence of continuous physical presence; and
    2. Evidence that adjustment of status is warranted as a matter of discretion.

In addition, principal applicants must also submit evidence that they complied with reasonable requests for assistance in the investigation or prosecution of the qualifying criminal activity.

Evidence of Continuous Physical Presence

You do not need to submit documentation showing that you were present in the United States on every single day of the three-year U nonimmigrant status period, but you should not have significant chronological gaps in your documentation.

To show continuous physical presence, you must submit Item Numbers 1. – 4. below:

    1. Copies of every page of your passports or equivalent travel documents (or valid explanation of why the applicant does
      not have such a document);
    2. Documentation of any departure from, and return to, the United States while in U nonimmigrant status, including: 
  • Date of departure;
  • Place of departure;
  • Length of departure;
  • Manner of departure (plane, boat, etc.);
  • Date of return; and
  • Place of return;

 

3. Documentation issued by any governmental or nongovernmental authority as long as the documentation contains your name, was dated at the time it was issued, and contains the normal signature, seal, or other authenticating instrument of the authorized representative of the issuing authority;

  • Educational documents;
  • Employment records;
  • Certification that you filed Federal or state income tax returns showing that you attended school or worked in the United States throughout the entire continuous physical presence period;
  • Documents showing installment payments, such as a series of monthly rent receipts or utility bills; or
  • A list of the type and date of documents already contained in your DHS file that establishes physical presence, such as, but not limited to, a written copy of a sworn statement given to a DHS officer, a document from the law enforcement agency attesting to the fact that you have continued to comply with requests for assistance, the transcript of a formal hearing; and Form I-213, Record of Deportable-Inadmissible Alien; and

4.  Your own affidavit attesting to your continuous physical presence. 

If you do not have documentation to establish continuous physical presence, you must explain why in an affidavit and provide additional affidavits from others with first-hand knowledge who can attest to your continuous physical presence with specific facts. Your affidavit alone is not sufficient to show continuous physical presence.

Generally, you have failed to maintain continuous physical presence if you departed from the United States for any
trip that lasted longer than 90 days or for multiple trips that together exceeded 180 days. To show that you maintained continuous physical presence despite taking these trips, you must submit a certification from the agency that signed Form I-918, Supplement B, in support of your U nonimmigrant status stating that:

  • Your absence was necessary in order to assist in the investigation or prosecution of the qualifying criminal activity; or
  • Your absence was otherwise justified.

If you do not have documentation to establish continuous physical presence, you must explain why in an affidavit and provide additional affidavits from others with first-hand knowledge who can attest to your continuous physical presence with specific facts. Your affidavit alone is not sufficient to show continuous physical presence.

Evidence of Compliance with Reasonable Requests for Assistance in the Investigation or Prosecution of the Qualifying Criminal Activity

You are required to provide ongoing assistance, as needed, to law enforcement agencies involved in the investigation or prosecution of the qualifying criminal activity. 8 CFR 245.24(a)(5) defines “refusal to provide assistance in a criminal investigation or prosecution” as a refusal by the U nonimmigrant to provide assistance to law enforcement authorities after being granted U nonimmigrant status.

To show you have met this requirement, you must submit evidence that, from the time you filed for U nonimmigrant status until you file Form I-485, you have complied with (or did not unreasonably refuse to comply with) reasonable requests
for assistance in the investigation or prosecution of the qualifying criminal activity. You are required to provide ongoing assistance until USCIS adjudicates your Form I-485.

Evidence of Compliance with Reasonable Requests for Assistance in the Investigation or Prosecution of the Qualifying Criminal Activity

You are required to provide ongoing assistance, as needed, to law enforcement agencies involved in the investigation or prosecution of the qualifying criminal activity. 8 CFR 245.24(a)(5) defines “refusal to provide assistance in a criminal investigation or prosecution” as a refusal by the U nonimmigrant to provide assistance to law enforcement authorities after being granted U nonimmigrant status.

To show you have met this requirement, you must submit evidence that, from the time you filed for U nonimmigrant status until you file Form I-485, you have complied with (or did not unreasonably refuse to comply with) reasonable requests for assistance in the investigation or prosecution of the qualifying criminal activity. You are required to provide ongoing assistance until USCIS adjudicates your Form I-485.

The evidence may include:

A newly executed Form I-918, Supplement B, U Nonimmigrant Status Certification;

A photocopy of the original Form I-918, Supplement B, with a new date and signature from the certifying agency; Documentation on official letterhead from the certifying agency stating that you have not unreasonably refused to cooperate in the investigation or prosecution of the qualifying criminal activity;

An affidavit describing any efforts you made to obtain a newly executed Form I-918, Supplement B, or other evidence describing whether you received any requests to provide assistance in the criminal investigation or prosecution of the qualifying criminal activity, and your response to these requests; or

Court documents, police reports, news articles, copies of reimbursement forms for travel to and from court, and affidavits of other witnesses or officials.

If you submit an affidavit, it must include:

  • A description of all instances when you were requested to provide assistance in the criminal investigation or prosecution of persons in connection with the qualifying criminal activity after you were granted U nonimmigrant status and how you responded to such requests;
  • Any identifying information you have about the law enforcement personnel involved in the case;
  • Any information you have about the status of the criminal investigation or prosecution, including any charges filed and the outcome of any criminal proceedings, or whether the investigation or prosecution was dropped and the reasons why; and
  • If you have refused a request for assistance in the investigation or prosecution, you must provide a detailed explanation of why you refused to comply with requests for assistance and why you believed that the requests for assistance were unreasonable

 

NOTE: In certain cases, this requirement of ongoing assistance may require someone other than the principal applicant to provide evidence to USCIS. For example, in some U nonimmigrant cases, the U-1 petitioner was a child (or incompetent or incapacitated) and was not directly required to provide the assistance in an investigation or prosecution of the qualifying criminal activity. In these cases, someone other than the child, such as a parent, guardian, or next friend provided the assistance. This person may need to provide evidence of continued assistance (or that there was no unreasonable refusal to comply) with an investigation or prosecution of the qualifying criminal activity.

Discretion

Adjustment of status based on U nonimmigrant status is not an automatic benefit, so you bear the burden of showing that USCIS should use its discretion to approve your adjustment of status application. When making a discretionary decision on your application, USCIS may take into account all factors, including those acts that would otherwise make you inadmissible.

Generally, favorable factors such as family ties, hardship, and length of residence in the United States, may be sufficient for USCIS to use its discretion to approve your application. However, when adverse factors are present in your case, you may offset these by submitting supporting documentation of favorable factors you wish USCIS to consider. See 8 CFR 245.24(d)(11).

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