Medical Examination
All Adjustment of Status applicants must pass a medical examination conducted by a civil surgeon approved by the USCIS. USCIS approved civil surgeons in specific areas can be found online.

OR

USCIS' National Customer Service Center can be contacted at 1-800-375-5283 to find an approved civil surgeon in a specific area. The civil surgeon will record the results of the Medical Examination on the Form I-693 and must put it in a sealed envelope which should be submitted to USCIS along with I-485 application.
The foreign national is responsible for paying all doctor and laboratory fees for the exam. Also, the foreign national must carry his/her passport (or another form of photo identification) medical history, and vaccination history. If a condition is diagnosed which makes the alien inadmissible, he/she may still be eligible for immigration after completing treatment for the condition.

Fingerprinting
When applying for an Adjustment of Status, the applicant will be fingerprinted so the USCIS can check for FBI and criminal records. The USCIS accepts fingerprint cards prepared only by authorized sites such as Application Support Centers (ASCs), and US Consular offices and military installations abroad. Once the applicant files for I-485, the USCIS will send him/her a letter with an appointment for fingerprinting at the nearest ASC location. The letter must be with the applicant and presented when he/she goes in for fingerprinting. There is a $70 charge per person. Once fingerprints are taken he/she will be issued a card FD-258.

(Note: The applicant should not submit the FD-258 card with his/her application. If this is done, then the card will be rejected and he/she will have to go for fingerprinting again.)

Employment Authorization Document (EAD), Form I-765
U.S. employers must check to make sure all employees, regardless of citizenship or national origin, are allowed to work in the United States. If the person is not a citizen or a lawful permanent resident, he/she may need to apply for an Employment Authorization Document (EAD) to prove that he/she may work in the United States.

Application for EAD can be filed concurrently along with I-485 or any time after that as long as I-485 application is pending. The following documents must accompany the form:

• Fee of $340 payable by check or money order
• 2 passport photographs taken within 30 days of filing the application and as per the new guidelines.
• Copies of both sides of the I-94 card
• Copies of both sides of the EAD if the person already has one.

Depending on the particular service center, EAD approval may take few weeks to few months to get approval. For those who are secondary applicants and do not have a Social Security Number or are not allowed to work can apply for a Social Security Number after receiving the EAD Card.

Advance Parole (Travel Document)
The Advance Parole or Travel Document is used to apply for admission to the United States upon return from abroad without having to obtain a visa from a US Embassy or consulate. The alien must complete Form I-131 for Advance Parole. There is a non refundable Filling fee of $305 to be paid by check or money order. This document is usually issued for the time it takes for the Adjustment of Status application to be processed and is valid for multiple entries. Once an Advance Parole (Travel Document) application is approved, the applicant will receive 2 copies of form I-512. The alien must carry these 2 copies when he/she travels out of the US for the first time. One copy will be taken by the USCIS officer at the port of entry. The second copy is for the alien and should be used during all subsequent trips.

What Happens if the 6-year Limit on H-1B Visa expires During This Time?
Once an individual files for Adjustment of Status, the status is considered to be "applicant for adjustment of status." Thus the individual may remain in the US even after the 6-year limit has expired until the I-485 process is completed. If the individual had not applied for Adjustment of Status and the 6-year limit is reached, then he/she must apply for a 1-year or 3-year extension of the H-1B Visa. Whether the individual is qualified to apply for an H-1B extension will depend on the status of the employment based green card application.

Can a Spouse and/or Children Be Included in the Application for Adjustment of Status?
Yes, the spouse and/or children aged less than 21 at the time of filing can be included in the I-485 application for Adjustment of Status. Documents must be submitted with the Adjustment of Status for each dependent (except form G-28). In addition, Form I-134 (Affidavit of Support) may need to be filed for each dependent. Other documents may include:

• Copy of passport with I-94
• Copy of I-797 and H-4 visa
• Copy of Birth certificate
• Copy of Marriage certificate
• Original Bank statements
• Passport photos as per new regulations

Call Smith and Garg today at 281.210.0010 or complete our Contact Form and let us assist you with your immigration needs.