Beginning on August 25, 2017, USCIS will only accept a new form of the I-485 Application for Adjustment of Status, a very commonly-used form for individuals seeking permanent residence in the United States through a spouse or otherwise.
Why is this newsworthy? Well, USCIS updates forms all the time, but the new I-485 drastically expands the questions asked of foreign nationals regarding their immigration history, work history, and criminal history. For example:
- USCIS now asks whether you have "ever violated the terms or conditions of your immigration status." For many of our clients, the answer to this question is "Yes." However, what the new I-485 does not tell you is that many foreign nationals still can qualify for adjustment of status even if they have been or are currently out of status.
- USCIS also asks if you "have ever worked in the United States without authorization." Again, this question will scare many applicants, but unauthorized work does not automatically disqualify you for permanent residence -- particularly if you are married to a U.S. citizen.
- Another expansion is of the criminal history question, which now covers many aspects of having been charged with or cited for a crime, and no longer excludes traffic violations.
Obviously, being truthful in your immigration application is vital (it's illegal to make misrepresentations on these forms). But our fear is that many foreign nationals will be afraid to answer these questions honestly, and then have trouble when USCIS learns that they have not been entirely truthful on these forms. The best course of action is to work with a qualified immigration attorney (such as our attorneys) to help you navigate these forms and anticipate any problems with USCIS before filing an application.