Immigrant Visa Application at a U.S.
Embassy or Consulate, and Form I-485 Adjustment 

1. Form I-864 and Public Charge

As a U.S. citizen, you should be prepared to prove that you meet the income requirement of a sponsor. When your parent has been scheduled for an immigrant visa interview with a consular officer overseas, or when your parent is about to submit an application for adjustment to permanent resident (Form I-485), you will need to complete an I-864 Affidavit of Support. 

The USCIS Form I-864 - Affidavit of Support is required for family-sponsored immigration. An affidavit of support is a guarantee to U.S. government that an immigrant will not become a public charge. The affidavit could be offered by the petition sponsor or someone who could provide financial assistance to the immigrant in the event that such help would be necessary. 

All petitioners, regardless of whether or not they have been working or living in the U.S. since the past three years, must submit a notarized Form I-864, Affidavit of Support, for the beneficiaries of the petitions. The determination of a possible public charge must be made in all cases. A public charge is defined as someone who cannot support him or herself, and may therefore become reliable on the adopted country - the United States. 

2. Get Immigrant Visa at U.S. Embassy or Consulate

The first step in applying for an immigrant visa is for the U.S. citizen (petitioner) to file an immigrant visa petition to USCIS. Each person immigrating will be required to complete a biographic data form DS-230 Part I. The appointment for the visa interview and medical examination will be scheduled. 

The Immigrant Visa Unit at U.S. embassy or consulate will process the application for an immigrant visa. While no assurance can be given regarding the appointment date of a visa interview, the alien applicant should prepare for that appointment and obtain the documents required for the visa application.  When the alien applicant has obtained all of the required documents and are prepared for the interview, he or she should notify U.S. embassy or consulate.

3. The Form I-485 Application and Medical Examination

The Form I-485 adjustment of status application is for an applicant who is in U.S. already on a non-immigrant visa. If your Form I-130 application has been approved, you can submit Form I-485 to get your Green Card. If the eligibility of your I-485 application is based on an immigrant petition, you need to attach a copy of the approval notice for an immigrant petition that makes a visa number immediately available to you. If your eligibility is based on the Form I-130 approval, you need to attach a copy of the Form I-130 approval notice. The U.S. citizen child can also file Form I-130 and Form I-485 concurrently for parents at the same time to speed the process.

The medical examination, endorsed by a civil medical doctor on Form I-693, Medical Examination of Aliens Seeking Adjustment of Status, is a necessary part of the Green Card application process. The examination is submitted in connection with the Form I-485, to ensure that the individual does not have any "communicable diseases of public health significance", or other medical conditions that may pose a danger to the individual or to others. The medical examination includes proof that the foreign national has had vaccinations against a specified list of preventable diseases.

4. Working in U.S. Legally

1) If your parent is now outside the United States: If your parent is now outside the United States, he will receive a passport stamp upon arrival in the United States. This stamp will prove that he is allowed to work until a Green Card (Permanent Resident Card) is created.

Your parent does not need to apply for a Work Permit (EAD) once they are admitted as an immigrant with their Green Card (immigrant visa), or have already been approved for adjustment to permanent resident status. As a legal permanent resident, your parent should receive a Permanent Resident Card (commonly referred to as a 'Green Card') that will prove that your parent has a right to live and work in the United States permanently. 

2) If your parent is in the United States: If your parent is in the U.S. and has applied to adjust to permanent resident status (by filing USCIS Form I-485, Application to Register Permanent Residence or Adjust Status), he is eligible to apply for a Work Permit while their case is pending. Your parents should use USCIS Form I-765 to apply for a Work Permit.

 


 

 


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