Keep Those Old Receipts!
Posted Jun 20, 1999

The Law Office of Sheela Murthy is pleased to provide some guidance about the importance of keeping documents that show a person has maintained valid non-immigrant status. This is particularly important for those intending to change status from one non-immigrant category to another, file for an extension of non-immigrant status with a change from one employer to another or file the adjustment of status application in the U.S.

Some useful tips to keep in mind are as follows: Keep a personal immigration file which should contain the originals and clean copies of documents. These documents should include all approval notices from the INS; receipt notices for INS applications and petitions; I-94 cards (latest original will probably be stapled into passport - keep photocopies of current and previous I-94s in the file); Forms I-20, IAP-66 if applicable; pay stubs from current and prior U.S. employers and experience letters from prior (U.S. and overseas) employers indicating dates of work and the nature of the work; transcripts from all schools/colleges/universities attended; copy of current and prior employment cards; and any other documents that may be relevant.

The above documents are important for several purposes. First of all, some of these items may need to be included with an application or petition to change status or at the time of filing an extension of status with a different employer. Even more importantly, at the time of filing for adjustment of status (the final stage of "green card" processing) it is necessary to show that the applicant has continually maintained valid legal status throughout the entire stay in the United States (subject to the 180 day grace period accorded to employment based cases in the first three preference categories and the exception for applications by immediate family members of U.S. citizens).

Although organization gurus will advise you to trash away documents which do not appear relevant, in the immigration context, it is better to keep more than less. For example, if a person is falling out of status, the fact that the receipt notice indicates that the person has filed for the change or extension of status prior to the present status expiring is sometimes the only proof of not having fallen out of status, even if INS takes several months to adjudicate a case. In such a case, the approval notice could be misleading so the receipt notice may come in handy.

Failure to establish that the applicant has maintained lawful status in the U.S. (subject to the exceptions mentioned above) would result in the person not being eligible to adjust status. A person who is not eligible to adjust would have to instead process for a visa at a consulate abroad. Some cases could be subject to the three year and ten year bars on re-entry to the U.S.

Depending upon the length of time out of status and the priority date, the applicant may qualify for an exception enabling adjustment by paying an extra fee of $1,000 to INS (those grandfathered cases where the labor certification, the immigrant petition by the employer or the family member is filed prior to January 15, 1998). However, most new applicants for the green card will not qualify for any exception.

So heed our tip! Every case is different, and a person who may have difficulty proving maintenance of status should consult with an attorney. If you do not have an attorney, please feel free to contact the Law Office of Sheela Murthy.