Applying for adjustment of status to become a lawful permanent resident in the United States can be a complex and overwhelming process, particularly for individuals seeking protection under the Violence Against Women Act (VAWA).
One of the key components of the adjustment of status application is the submission of supporting documentation.
I am Supriya Gill, a lawyer and in this article, we will outline the types of evidence required for the I-485 application, including proof of identity, legal entry into the US, continuous lawful presence in the US, and more and everything to answer the question, What To Submit With I-485 VAWA?
We will also guide individuals who may be ineligible to adjust their status due to illegal entry or other issues. By understanding the documentation requirements for the I-485 application, VAWA applicants can be better prepared to navigate the adjustment of status process and ultimately achieve their goals of obtaining lawful permanent residency in the US.
Some of the supporting documentation required for I-485 includes a copy of the I-130 petition approval or receipt notice if the application is based on a family petition, proof of identity, proof of birth, proof of legal entry into the US, two passport-style photographs, proof of continuous legal presence in the US, proof of financial support through an Affidavit of Support Form (I-864), and additional evidence for any derivative applicants.
Proof of continuous legal presence in the US requires proof of legal status in the US and not violating the terms and conditions of the visa. Applicants who entered the US illegally are ineligible to adjust their status and must seek an experienced immigration attorney to help them with the I-601 waiver.
To know more in detail, read the full article.
What To Submit With I-485 VAWA?
Here are the key documents that need to be submitted with the I-485 VAWA application:
- Copy of Form I-360 approval notice
- Proof of identity
- Proof of birth with English translation
- Proof of legal entry into the US (passport page with visa, entry stamp, and I-94)
- Two passport-style photos taken within the last six months
- Proof of continuous lawful presence in the US
- Affidavit of Support Form I-864 (proof of financial support)
- Additional evidence for derivative applicants
Copy of Form I-360 Approval Notice
The first thing would be a copy of the I-130 petition approval or receipt notice. So, you need to first establish on what basis you are applying for a green card and family-based applicants, you first need to show them you are applying based on a family petition.
If you are an immediate relative of a US citizen or child or spouse of a green card holder, you are eligible to submit concurrent applications, meaning the I-130 and I-485 applications together at the same time.
If you are submitting the I-130 online, in that case, you will need to submit the receipt notice that you will be printing out after you submit the I-130 online application.
If you’re sending the I-130 and the I-485 applications together, in that case, you will not need to attach anything additional and if you are any other type of relative, you will first have to approve the I-130 petition, that case you will include the approval notice with your I-485 application.
Identity proof
The second thing you will need to include is proof of your identity. You will need to submit a copy of your government-issued ID. In the majority of cases, this would be a copy of your Passport from your home country.
Proof of birth
The next piece of evidence that you need to submit is proof of your birth. You will need to submit a copy of your Birth Certificate and you will need to attach an English Translation.
There are cases in which a birth certificate is not available, in such cases, you can find the alternatives on the travel.state.gov website, in the civil document section, you will be able to see alternatives for people who do not have a birth certificate.
Such as in the case of Indian citizens who are born before the year 1970, a certificate of non-availability is something that is frequently used to replace the birth certificate and if you are from another country and you are not sure what a substitute for a birth certificate would be, in that case, you will need to check out the travel.state.gov site to see what additional documents you may need to submit for that.
Proof of Legal Entry in US
The next piece of evidence that you need to provide is Proof of your legal entry into the US otherwise known as proof of legal admission into the United States.
That would be a copy of your passport page that has a US visa listed that you used for entry, a copy of your passport page which has the entry stamp on it that the CBP gave you when you first entered the United States.
That includes a copy of your I-94 which was either given to you at the border or you can also download from the CBP website.
These three things should be included in the file to prove your admission into the United States.
And for those applicants who entered the United States illegally such as by crossing the border, please keep in mind that you are ineligible to adjust your status and you must seek an experienced immigration attorney who can help you with working through the I-601 waiver which will essentially grant you somewhat of forgiveness for entering illegally and will allow you to continue the process from overseas through the consulate.
Two passport-style photos
The next piece of evidence that you need to submit is two passport-style photographs of yourself taken within the past six months, preferably as recent as possible.
The passport-style photographs can be taken either at a place like post-office or CVS or Walgreens or Walmart and you can also try to take these passport-style photos with your camera or your smartphone.
Just make sure that you’re following the directions listed on the Department of State website which detail specifically about the requirements for passport-style photos.
Proof of Continuously Maintaining Lawful Status in the US
The next piece of evidence that you need to submit is proof of your legal status in the United States and that means proof of you being here on a valid Visa and proof of not overstaying your Visa. You need to show that you have continued to maintain lawful status in the US.
That you have not violated the Terms and Conditions of whatever Visa that you have arrived on. Maintaining lawful status is crucial and working without authorization can affect your eligibility for adjustment of status. So, that would be something that will prevent you from being able to adjust your status.
You can provide evidence by submitting a copy of your unexpired visa, I-94 arrival-departure record, or most recent I-20 if you are a student.
Form I-864 Affidavit of Support
To complete your application, you must provide proof of financial support, also called the Affidavit of Support Form or I-864 form.
Family-based applicants, regardless of their relationship to the petitioner, must include this form and all required additional evidence with their application.
For Derivative immigrants
If you have derivatives immigrating to the United States, such as an unmarried child under the age of 21 or a spouse of the principal applicant, they will need to submit the same types of evidence as the principal applicant.
Additionally, they will need to provide proof of their relationship with the principal applicant.
For example, a derivative child will need to submit a copy of their birth certificate with translations, and a spouse will need to submit a copy of the marriage certificate with translations into English.
It is important to note that not every child under the age of 21 or spouse is a derivative applicant and does not automatically qualify for a green card based on the principal applicant.
Additional documents
1. Any certified police or court records
certified police or court records of all criminal charges, any convictions that you have had regardless of the final decision of the Court unless you have never been convicted or committed any crimes, in that case, you don’t need to provide anything additional.
2. I-693 medical examination form
Missing the medical examination form from your adjustment of the status packet is not detrimental to your case and you will have an opportunity to submit it at a later time.
Some useful links for I-485 VAWA
- The USCIS Evidence Checklist, available on this website, guides the documents that need to be submitted with the I-485 VAWA application.
- For civil documents, such as birth certificates and marriage certificates, the Department of State’s website offers a list of alternatives by country. This can be found on this website.
- The Passport Photo Guide, which can be accessed on the website, provides instructions on how to take and submit a passport-style photo with the application.
Conclusion
Submitting a well-prepared and complete I-485 VAWA application is crucial for survivors of domestic violence who are seeking lawful permanent residency in the United States.
By following the guidelines provided by USCIS and including all necessary documents and evidence, applicants can increase their chances of a successful outcome.
It is also important to seek the assistance of a qualified immigration attorney or accredited representative to ensure that the application is properly prepared and filed.
With the right approach and attention to detail, survivors of domestic violence can navigate the I-485 VAWA process and move towards a brighter future in the United States.
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