INS Issues a New Version of Form I-485
Posted Jul 09, 2000

The INS has revised the Form I-485, the Application for Adjustment of Status. The INS continues to accept the old form at present, and will shortly be issuing a memo indicating that the old form will be acceptable up through December 31, 2000. Most of the changes on Form I-485 are in the instructions, while only one change is reflected in the form itself.

Medical Examinations, Affidavits of Support and Employment Letters :
The new instructions contain more detailed information on procedures for medical examinations, and more specific instructions regarding affidavits of support and employment letters compared to the previous version of the form. Fee information has also been updated.

Fingerprint Procedure :
The new instructions reflect the current fingerprint procedure, indicating that the INS will inform applicants of the time and place for fingerprinting after the I-485 application is filed.

Travel Abroad for Persons Maintaining H or L Status :
The new instructions have also been updated to reflect certain changes in the law or regulations. The section regarding travel outside the U.S. while the application is pending indicates that a person maintaining H or L status can travel on the H or L visa instead of obtaining advance parole.

3- and 10-Year Bars :
Also included in the section regarding travel is a warning about the 3- and 10-year bars under section 212(a)(9)(B)(i) of the Immigration and Nationality Act (INA), as amended by the 1996 Illegal Immigration and Immigrant Responsibility Act (IIRAIRA).

Classes of Persons Ineligible to Adjust :
Surprisingly, the section on classes of persons who are ineligible to adjust status has not been updated. There is no mention of persons who may be able to adjust based upon INA section 245(i) (penalty fee provision) "grand-fathering" if they began their cases on or before January 14, 1998. Also not mentioned are persons who can file employment-based adjustments under 245(k), for a period of overstay or unlawful employment of less than 180 days following a lawful admission to the U.S.

Selective Service Registration :
The instructions contain a new paragraph about Selective Service registration. The INS will now help with the registration process by providing some basic biographical data on males 18-25 years old who are required to register with the Selective Service system. The website address for registration is also provided in the instructions. The only change made to the form itself involves Selective Service registration. Above the signature line is a statement that signing the I-485 constitutes an authorization to release the information to the Selective Service System.

Mention of the Selective Service requirements on the I-485 is likely to be helpful to applicants, because many people are not aware of the requirement to register. Many men find out about this obligation for the first time when applying for U.S. citizenship. The application for naturalization requests proof of registration, for those who were required to register. For more information on Selective Service requirements, readers of the MurthyBulletin can call 847-688-6888 or visit www.sss.gov.

For some, this release of confidential information by the INS to another agency may raise privacy concerns. Does it set a precedent for release of information to the IRS, the Social Security Administration or even state motor vehicle administrations?

The new I-485 application is available through the www.murthy.com website (click for INS forms).

The Law Office of Sheela Murthy, P.C.