New Form I-485 Must Be Used Starting 25.Aug.2017

The U.S. Citizenship and Immigration Services (USCIS) released a new version of the application to register permanent residence or adjust status (form I-485). Effective August 25, 2017, the USCIS will only accept the new version of the I-485, which lists an edition date of 06/25/2017 at the bottom of each page. The new I-485 form is 18 pages in length – 12 pages longer than the prior version. However, part of this is because the biographic information that was being collected in form G-325A has been incorporated into the new I-485. Therefore, applicants using the new I-485 will not need to file a separate G-325A.

Date of Birth and Multiple ‘A’ Numbers

If an applicant has used multiple dates of birth, the new I-485 provides a means to list those other dates. This typically occurs when a foreign national has a document issued by a foreign government with the incorrect date of birth. Similarly, one can list multiple ‘A’ numbers (i.e. alien numbers) in the new version of the I-485 form. The prior version did not provide these options.

Information on Traffic Violations Now Required

As with previous versions of the form, the new I-485 asks the applicant to list any arrests, citations, charges, or detainments. Unlike earlier versions of the form, however, the new I-485 does not exclude traffic violations. The instructions for the new version of the I-485 does indicate, “In general, you do not need to submit documentation relating to traffic fines and incidents that did not involve an actual physical arrest if the penalty was only a fine of less than $500 or points on your driver’s license. However, you must submit such documentation if the traffic incident resulted in criminal charges or involved alcohol, drugs, or injury to a person or property.”

Broad Questions About Previous Status Violations

The new form includes a list of questions related to all manner of past status violations. Some of these questions include, “Have you EVER been denied a visa …,” “Have you EVER worked in the United States without authorization,” and “Have you EVER violated the terms and conditions of your nonimmigrant status.” The form also gives the applicant the opportunity to explain in an addendum the circumstances of any such event.

Conclusion

It is important to be mindful of changes in form editions and requirements. Submitting an out-of-date form to the USCIS typically will result in the case being automatically rejected.

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