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Valid medical exam results required when applying for adjustment of status

01st December 2011
By Nancy in Immigration Law
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U.S. citizen’s immediate relative or one who qualifies into one family-based preference categories need to maintain their relation during the green card application process. The National Visa Center will notify the applicant in the US when the priority date is close to being current and also ask if the applicant wants to adjust status in the U.S. or if he/she will process the immigrant visa at a U.S. consulate.

The National Visa Center will proceed with the appropriate steps. The applicant must be lawfully admitted and present in the U.S. in order to be eligible to adjust status in the U.S. and must maintain a qualifying relationship with the U.S. sponsor, and must have a current priority date.

Note: Both the Form I-130 and Form I-485 should be filed simultaneously by the immediate relative who is in US at the National Benefits Center not waiting for the approval of I-130 or for the priority date to become current.

The National Visa Center will make a note if the applicant chooses to adjust status in the US and hold the case until USCIS requests it for processing. The following are the

immigration forms needed to be completed by applicant to adjust the status in the US.

Step 1: Complete the forms

Form I-485 (Application to Adjust Status)
• Form G-325A (Biographic Information)
• Form G-1145 (Electronic Notification of Application Receipt/Approval)
• Form I-864 (Affidavit of Support) for each applicant, including family members.

While the application is being processed by USCIS an added benefit to adjusting status in the U.S. is the ability to request work and travel authorization. Processing time for adjustment of Status applications can sometimes take more than a year. Legal ability to work and travel in and out of US is beneficial in this case. Form I-765 for Employment Authorization and Form I-131 for Advance Parole authorization is the optional applications to be filed. Starting July 30, 2007 USCIS charges all adjustment of status applications filing fees includes fees for these optional travel and work authorization applications even if the applicant does not want to file them.

Note: Cost of optional work and travel applications are included in the current fees for Adjustment of Status applications even if the applicant does not want to file for work and travel authorization.

Step 2: Assembling the Documents

For an adjustment of status application it can take some time to gather supporting documents especially when they may have to come from overseas. To ensure everything is ready and available while submitting the application it’s important to gather all supporting documents as soon as possible. Supporting documents are:

• Birth Certificates: Every applicant must submit birth certificate in the long form version which includes child’s name, date of birth, place of birth, and the names of both birth parents. Substitute documents can be provided if original birth certificate is not available or since in some countries government doesn’t keep official birth records. Commonly substitute birth document consists of two sworn affidavits from people who were personally present at the applicant’s birth. Else it could be church records, school records or other legal records. An affidavit from the local government authority must also be submitted explaining that an official birth record is not available if substitute birth documentation is being submitted.

• Marriage certificates: To establish the relationship with the US sponsor or the main applicant marriage certificates must be provided. Documentation of the prior marriage(s) and divorce(s) or death decree(s) must also be included If either party has been previously married.

• Financial documents: Financial support of the applicant in a family-based case in the U.S. is critical. Public assistance seeking applicants may be considered inadmissible. Thorough documentation of the financial resources available to the applicant in the U.S. is very important.

• Documentation of lawful presence: The I-94 Arrival/ Departure card and any immigration related documentation received by the applicant allowing them to remain in the U.S. are the documents which will prove the applicant’s lawful presence.

• Photographs: Identical two passport style photos must be submitted by each applicant

• Copy of passport: A full photocopy of his or her passport, including the blank pages must be submitted by each applicant.

Step 3: Complete Medical Exam:

The required medical exam by a designated “civil surgeon.” to determine if there is any health-related inadmissibility issue must be completed by every applicant. Government approved physician to administer physical exams for adjustment applicants is a designated civil surgeon.
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