USCIS Provides Guidance on Submitting Interfiling Requests

The U.S. Citizenship and Immigration Services (USCIS) has posted guidance for transferring the underlying basis of a pending adjustment of status (AOS) application (form I-485). This process, more commonly referred to as interfiling, is the method I-485 applicants use to “upgrade” or “downgrade” between the various immigrant visa categories (e.g., EB3-to-EB2).

Requirements to Qualify for Interfiling

There are four requirements that ALL must be met for an I-485 applicant’s interfiling request to be granted:

1. The I-485 applicant must have continuously maintained eligibility for AOS.
2. The applicant’s I-485 filed based on the original form I-140 must still be pending.
3. The applicant is eligible for the new immigrant category.
4. There must be an immigrant visa immediately available in the new immigrant category (i.e., the category must be current, generally based on the I-140 priority date and the applicant’s country of birth).

Process for Submitting the Interfiling Request

The USCIS has created a new point of contact to handle interfiling requests made before the end of the current fiscal year (i.e., September 30, 2022) for employment-based cases. All such requests should be submitted in writing, along with a form I-485 supplement J, to the following address:

Attn: I-485 Supp J
U.S. Department of Homeland Security
USCIS Western Forms Center
10 Application Way
Montclair, CA 91763-1350

The USCIS notes that, if an applicant previously has sent an interfiling request to the USCIS, the applicant should not send another request to this new address. Further, the USCIS clarifies that no supplement J is required if the applicant is requesting to interfile based on an I-140 that has not yet been approved.

USCIS Process After Request Received

The USCIS does not provide a receipt or written notice to the applicant based on the submission of an interfiling request. However, the USCIS will issue a receipt notice for filing the I-485 supplement J, assuming one is included with the interfiling request.

Conclusion

The interfiling process can be confusing. I-485 applicants who have questions about the process are welcome to schedule a consultation with a Murthy Law Firm attorney.

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