permission to travel during green card process

Form I-131: The Advance Parole Travel Document Explained

If you have or are applying for a green card, DACA status, or certain humanitarian visas, and you want to travel outside the United States, you need to get a travel document from the U.S. government. You apply for this document by filing Form I-131: Application for Travel Document with USCIS. This allows you to get what’s called an Advance Parole document. Below is a guide on how to apply for Advance Parole step-by-step as well as tips for to plan for your temporary travel.

Written by Jonathan Petts .  Updated September 24, 2023

What Is Advance Parole?

An Advance Parole document allows current green card applicants to leave the United States for temporary travel and return without disrupting their green card (permanent resident card) application process. There are a few situations you can be in while applying for Advance Parole, such as: having a pending application for Temporary Protected Status (TPS) or being a DACA recipient. In this article, we are focusing on individuals applying for Advance Parole with a pending green card application . 

To apply for Advance Parole, you must file Form I-131: Application for Travel Document with U.S. Citizenship and Immigration Services (USCIS). Green card applicants looking to travel abroad for any reason must obtain Advance Parole before leaving the United States. If you leave the U.S. without the proper travel documents, USCIS will close your green card application.  

Why Do I Need Advance Parole?

You need Advance Parole if you have a pending green card (permanent resident card) application and want to take a trip outside the United States. If you leave the United States without Advance Parole and USCIS hasn’t approved your green card application, the agency will consider your case abandoned and likely deny for application.

If USCIS closes your green card application, you have to start the process over again, which is expensive and time-consuming. To avoid this, you need to complete Form I-131: Application for Travel Document and apply for Advance Parole before leaving the U.S.

You do not need to apply for Advance Parole if you are waiting for USCIS to process your Form I-485 and you are: 

A temporary worker under a valid H-1 visa (or their spouse or child)

An intra-company transferee under a valid L-1 visa (or their spouse or child)

Who Is Eligible for Advance Parole?

U.S. Citizenship and Immigration Services (USCIS) determines eligibility on a case-by-case basis. You’re eligible to apply for Advance Parole if you fall within one of these categories:

You submitted an adjustment of status green card application using Form I-485

You applied for Temporary Protected Status (TPS)* 

You submitted an asylum application or you are an asylee

You currently have a pending application for temporary resident status under Section 245(A) of the Immigration and Nationality Act (INA)

USCIS granted you TPS, T nonimmigrant, or U nonimmigrant status 

USCIS or Customs and Border Protection (CBP) granted you humanitarian parole under Section 212 (d)(5) of the Immigration and Nationality Act (INA)

You received benefits through the Family Unity Program

You’re a DACA recipient

*On July 1, 2022 USCIS began issuing a new travel authorization document for people who receive TPS. This new form is called: Form I-512T, Authorization for Travel by a Noncitizen to the United States.

Who Is Not Eligible for Advance Parole?

You aren’t eligible for Advance Parole if one or more of the following applies to you:

You are residing in the United States without valid immigration status after entering unlawfully many times

You have a valid reentry permit or refugee document 

You are on a J visa or a visa with a foreign residence requirement

You are a beneficiary of a private immigration bill approved by Congress

You are currently in the middle of a removal proceeding (deportation)

You are an asylee or a refugee, but you’re not adjusting your status to a green card 

If you’ve been in the United States unlawfully, you may file for Advance Parole. However, even if granted, you still may be barred from reentry by the Department of Homeland Security (DHS). 

If you’ve lived in the United States without status for any period of time, you should always consult an immigration lawyer before traveling abroad. If you can't afford a lawyer, you can contact a legal aid office for help.

How Do I Apply for Advance Parole? A Step-by-Step Guide

First, you will need to complete the official application form, called Form I-131: Application for Travel Document. When you have completed the form, you will have to gather the government filing fees and supporting documentation, and then finally submit them together with Form I-131 to U.S. Citizenship and Immigration Services (USCIS).

Step 1: Complete Form I-131

Form I-131 is officially called the Application for Travel Document. This document is used for anyone applying for a Reentry Permit, a Refugee Travel Document, and Advance Parole. You cannot submit your travel permit request to the U.S. government without completing and signing this form. 

You can complete the form in two ways — either online by creating a MyUSCIS account or on paper by downloading, printing, and completing the most recent version of Form I-131 from the USCIS website. You will need your Alien Registration Number (A Number) to complete your application.

Step 2: Gather Fees & Supporting Documents for Form I-131

When you have completed Form I-131, it is time to gather the $575 filing fee and the required supporting documents. You must include these supporting documents with the Form I-131 application:

Your receipt notice from USCIS after filing Form I-485, if your green card is pending

Two passport-style photographs 

USCIS-issued document showing the validity of your current immigration status — this could be an approval/receipt notice ( Form I-797 )

A photocopy of a government-issued identification document (ID), which must include your name, date of birth, and a photo — examples of acceptable forms of ID include a passport, drivers license, and employment authorization document (EAD)

Marriage certificate (if applying for Advance Parole based on your spouse’s pending green card application)

Child’s birth certificate (if applying for Advance Parole for a child based on a pending child green card application)

Detailed evidence explaining your reasons for traveling — you can explain your reasons with a Declaration of Support Letter

If any of your supporting documents aren’t in English, USCIS requires the documents be accompanied by a certified English translation .

It’s also a good idea to include a cover letter for your application. This short letter explains what supporting documents are in your application and helps keep things organized.

Step 3: Submit Your Application

You can submit your completed Form I-131: Application for Travel Document and supporting documents to USCIS either online or by mail. To submit online, you must first create a MyUSCIS account . Then you can submit your petition through your account on the USCIS website.

If you choose to submit your USCIS forms by mail, you will have to send your application packet to a specific USCIS filing address. The address depends on where you live and what mail service you use to send your forms. For Advance Parole applicants who have a pending Form I-485 (green card) application, you’ll send your documents either to the USCIS lockbox in Chicago, Dallas, or Phoenix. The USCIS website lists these addresses .

If You’re Filing Form I-131 Overseas

If you’re filing Form I-131 overseas, you must first get permission from your local U.S. embassy or consulate. You’ll have to set up an appointment with your local U.S. embassy to make your request in person. The State Department has an up-to-date list of all U.S. embassies and consulates.

How Much Does It Cost To Get Advance Parole?

The filing fee for Form I-131 is $575. If you cannot afford this filing fee, you may be able to apply for a fee waiver by filing Form I-912 . You can also check out our tips for fundraising the fees .

You can pay using a money order, personal check, cashier’s check, or credit card. All checks should be made payable to the “U.S. Department of Homeland Security.” If you’re using a credit card, you must also file Form G-1450 : Authorization for Credit Card Transactions with your Form I-131 application. USCIS can only process your credit card payment using Form G-1450. 

How Long Does It Take To Get Advance Parole?

It’s currently taking USCIS 6 to 18 months to process Advance Parole applications. Processing times vary a lot by USCIS service center and may change over time. Your Form I-131 application can be delayed if you didn’t fill it out completely and correctly, mail it to the correct address, and ensure USCIS received it. 

The application processing time may take longer if the USCIS service center handling your case is experiencing significant processing backlogs. You can see USCIS’ current processing times on its webpage.

I Have an Emergency. Can I Get Advance Parole Quicker?

In some cases, USCIS will expedite applications. This can reduce the processing time to 30 days. To expedite your Advance Parole document application, you must demonstrate to USCIS that:

You’ve suffered a financial loss to your company or person

You’re experiencing an emergency

You have a valid humanitarian reason

You’re affiliated with a nonprofit organization requesting an expedited application for culture or social interests benefiting the United States

Your request is made by the Department of Defense or another U.S. government agency to promote the national interest

USCIS made an administrative error

You have another compelling interest determined by USCIS

USCIS grants emergency Advance Parole requests based on its officers’ discretion in emergencies. To do this, you will have to visit the nearest USCIS office with the following documents:

A completed Form I-131

Evidence supporting the emergency request

Two passport-style photos

Successful emergency Advance Parole requests are usually processed on the same day. 

What You Need To Know When Traveling With Advance Parole

Once you’ve successfully applied for Advance Parole, you cannot leave the United States until you’ve received your physical travel document. 

Typically, an Advance Parole document allows you temporary travel for up to one year abroad. However, USCIS reserves the right to revoke your Advance Parole document for any reason. If this happens, you cannot return to the United States without a valid U.S. visa or other documentation. 

You should also be mindful of scheduled fingerprinting ( biometric services ) and interview appointments. Although your travel permit may allow temporary travel for up to one year, you may miss many of these appointments without regularly returning to the U.S. 

The same goes for regularly receiving mailed communications (such as a notice of action ) from USCIS, which help you understand the status of your application. It’s best to make arrangements to receive mail while traveling abroad or update your mailing address with USCIS.

Reentry Into the U.S.

It is important to know that even if you have a valid Advance Parole document , there is no guarantee you can reenter the U.S. after traveling abroad. When arriving at a port of entry upon your return to the United States, the Department of Homeland Security (DHS) will conduct an inspection and determine your admission back into the U.S. Unfortunately, DHS could deny your reentry. 

It is also possible for DHS to revoke your Advance Parole at any time, including while you are abroad. This can happen even if your Form I-131 application has been approved and you have the correct Advance Parole documents. With these risks, it is crucial to determine whether temporary travel outside of the United States is necessary.

Continue reading and learning!

Emergency Travel with a Pending Green Card Application

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Traveling Outside the U.S. as a Green Card Holder

Requirements for traveling abroad as a u.s. permanent resident, in this guide.

• Required Documents
• Applying for a Reentry Permit
• Related Information

Can I travel outside the U.S. with a green card?

Yes, you can travel abroad as a green card holder — that’s one of the many benefits of being a permanent resident . However, your trip must be temporary and you cannot remain outside the United States for more than 1 year. If the Customs and Border Protection (CBP) officer believes you do not intend to continue living permanently in the United States, they could revoke your status as a permanent resident.

In this guide, we’ll go over which documents you’ll need and provide tips for traveling outside the United States as a permanent resident.

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when you leave

You’ll want to be absolutely sure you have the necessary documents when leaving the country. Most green card holders will need to present the passport from the country where they’re a citizen, or in some cases, their refugee travel document.

You should also be sure to have your green card on you for the duration of the trip. And remember different countries have different requirements for entry. You may find that some countries require you to have a visa upon arrival. It’s a good idea to contact the embassy for the country you intend to visit.

Check out the U.S. Department of State’s “ Before You Go” webpage for general information on traveling abroad.

when you come back

When returning to the United States, you’ll need your green card (officially called Form I-551 , Permanent Resident Card ) and your passport. You may also present other identifying documents such as a U.S. driver’s license or a foreign national I.D. The CBP officer will look over these documents to determine whether or not you can reenter the country.

Boundless can help you obtain a green card. We make it easy to complete your green card application and avoid common problems . Learn more about what Boundless does , or start your application today .

If your trip will be longer than a year, it’s a good idea to submit Form I-131 (officially called “Application for Travel Document”) in order to apply for a reentry permit . With this permit, you can be admitted into the United States, and you won’t need to obtain a returning resident visa from the U.S. Embassy. While this document doesn’t guarantee successful admittance into the U.S., it can serve as evidence demonstrating your intent to live permanently in the United States.

It’s important to note that the reentry permit expires after 2 years. So if you think you might be out of the country for longer, you can apply for an SB-1 (officially called a “ Returning Resident Visa ”). To do this, you can go to the local U.S. Embassy or consulate. As a part of the application process, you’ll need to get a medical exam and demonstrate your eligibility to receive an immigrant visa.

Boundless helps married couples obtain marriage green cards by simplifying the application process and providing top-rated lawyer support — all starting at just $649, about one-fifth the cost of a traditional immigration lawyer. Learn more about our services , or start your application today.

If this happens, you can file Form I-131A (officially called “Application for Travel Document (Carrier Documentation)”). With the carrier documentation you should be able to fly back to the United States without receiving any sort of penalty. Form I-131A may also be helpful if you’ve been away for more than 2 years and you’ve lost your reentry permit.

Traveling abroad will, in most cases, have little to no impact on your permanent resident status. That being said, your trip must be temporary, and you must have every intention of returning to the United States. If the CBP officer suspects you do not intend to live permanently in the U.S., they could revoke your status as a permanent resident. When making their decision, the officer may consider whether:

• You’ve been gone for more than a year
• You still have a job in the U.S.
• You still have connections to friends and family in the United States
• You’ve filed income taxes as a resident of the United States
• You intended to take a temporary trip abroad
• You’ve previously communicated your intention to continue living permanently in the United States
• You have U.S. bank accounts
• You own property or manage a business in the U.S.
• You have a U.S. driver’s license
• You have a U.S. mailing address

This list is not exhaustive. The CBP officer may consider other documentation when determining whether you truly intended to take a temporary trip abroad.

If you’re out of the country for 6 months or longer, you may have issues satisfying the continuous residency requirement. If you plan on leaving the country for more than a year, you can submit Form N-470 (officially called “Application to Preserve Residence for Naturalization Purposes”).

As a reminder, as part of the naturalization process , you have to show one of the following:

• That you have resided continuously in the United States for 5 years prior to submitting the application
• That you have resided continuously in the United States for 3 years (for qualified spouses of U.S. citizens)

No time for research? We provide an easy, guided application experience, with 4 anti-rejection checks and a lawyer review. Get started for free .

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• Fileright Immigration Blog

How to Work or Travel While Green Card Application Is Pending

• By Fileright
• Last Updated: October 26, 2021

Individuals who want to work and reside permanently in the U.S. may file  Form I-485 to apply for a green card . The green card allows you to live and work indefinitely in the U.S. It’s the first step toward acquiring U.S. citizenship, and there are a lot of rules you must follow.

The application process can take several months to even years to complete. A question frequently asked is if you are able to work or travel while an application for permanent residency is in process. 

Here’s what you need to know.

Working While Awaiting Green Card Approval

If you want to work in the U.S. while your application for permanent status is pending, you may need to file  Form I-765, Application for Employment Authorization Document , to obtain a work permit. However, in order to do so, you need to have a visa that allows you to work in the U.S.

If you do not have a visa that allows work, your potential employer may be able to request a visa change on your behalf. If your current visa does not allow you to work and doesn’t meet the requirements for Form I-765, this is the route you’ll need to take. This page from the USCIS has more information on  working in the United States  as an immigrant.

Traveling Outside the U.S. While Awaiting Green Card Approval

Non-immigrants in America who have filed Form I-485, Application to Register Permanent Residence or Adjust Status, have to remain in the country until the USCIS approves their application for a green card.

It’s important to maintain legal status while in the United States. Maintaining legal status becomes even more important when waiting to receive a green card from the USCIS (U.S. Citizenship and Immigration Services).

In order to travel outside of the U.S. while awaiting approval, according to U.S. immigration law, you need to apply for advance permission to leave the country. This is known as “Advance Parole” in immigration terminology. You can gain advance parole from USCIS by filing  Form I-131, Application for Travel Document .

As the term “parole” implies, there will be a lot of rules and restrictions you must follow while you travel. If you break them, you will put your future green card at risk! We encourage you to get a clear understanding of these rules before you leave the country on advance parole.

What if I Leave the Country Without Approval?

It is not against the law for you to leave while you have a green card case in progress, but it will be considered abandoned. This means you’ll need to start the process all over again, including paying any fees. You may also be asked why you abandoned your application.

What if I Want to Move While Awaiting Approval?

A green card applicant must inform the central USCIS office if they want to move while in the U.S. and awaiting a pending case. You can inform USCIS about a change of address by filing Form AR-11. It is important to inform the USCIS of a change of address of all non-U.S. citizens who are aged 14 or over and who remain in the U.S. for more than 30 days.

Filing this form helps you and the USCIS. Without an accurate address, the government cannot send you important information about your case. You could even get your green card and miss it because the address they have was wrong!

This form is easy to fill out online. Here is the USCIS site to  fill out an AR-11 . Please make sure your information is accurate and you follow all instructions. You have 10 days after you move to inform USCIS of your move. A USPS change of address form does not count!

Once You Have Your Green Card

Once you have a green card, your freedom to work and travel is greatly increased. However, if you commit crimes outside of the U.S., or if you’re absent from the U.S. for over a  year, your green card could be revoked, and you could even be barred from re-entering the U.S.

Be sure to carry an unexpired passport with your green card and any necessary re-entry permit when you re-enter the country to avoid any complications about coming back.

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Company grants you a limited, revocable, nonexclusive, non-transferable license to access the Website and use the Service for your own personal use of the Service only, and not to download or modify it or any portion thereof (other than as expressly permitted by Company.) You agree that no Materials (as defined in Paragraph 9 below) from the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without Company’s written permission. Violation of these Terms, including without limitation modification or use of Materials on the Website for any purpose other than those permitted in these Terms, shall result in the automatic termination, without notice to you, of your license to access the Website and utilize the Service, and also may constitute the infringement of Company’s copyright, trademark and/or other rights. You shall not attempt to access any other Company’s systems, programs or data that are not made available for public use. Except as expressly stated in the Terms, you are not granted any right or license, by implication, estoppel, or otherwise, in or to any patent, trademark, copyright, or proprietary right of Company’s or any third party, in connection with your use of the Website and any Materials provided by Company or any third party on the Website. Elements of the Website, including page headers, custom graphics, logos, sounds, images, the “look and feel” of the Website (including its design, layout, color combinations, button shapes and other graphical elements) and button icons, are protected by copyright, trade dress and other state and federal laws and may not be copied or imitated, in whole or in part.

4. Creating An Account

You may browse the Website and view certain content without registering, but as a condition to using certain aspects of the Website, you are required to register with us and select a password and email address (“User ID”). You agree to provide us with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account with us. You shall not (i) select or use as a User ID either the name or email of another person with the intent to impersonate that person; (ii) use as a User ID either a name or email subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID either a name or email that is otherwise illegal, offensive, vulgar or obscene. We reserve the right to refuse registration, cancel a User ID or deny your access to the Website in our sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password and security information. You shall never use another user’s account without such other user’s express written permission. You will immediately notify us in writing of any unauthorized use of your account, or other account related security breach of which you are aware. Please read our  Privacy Policy , which describes the personally identifiable information we collect, use, disclose, manage and store. You will be responsible for the confidentiality and use of your User ID, and for any and all activities that are conducted through your account. You agree not to transfer or resell your use of or access to the Website to any third party. We are not liable for any harm caused or related to the theft or misappropriation of your User ID, disclosure of your User ID, or your authorization of anyone else to use your User ID. If you have reason to believe that your account with us is no longer secure, you must promptly change your password and  Contact Us  immediately to notify us of the problem.

5. Restrictions on Use of Website

You agree that in connection with your use of the Website, you will not do any of the following:

• Circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Materials, or enforce limitations on use of the Website or Materials.
• Copy, reproduce, republish, upload, post, transmit, or distribute in any way any Materials, in whole or in part, without our written permission, other than as expressly allowed by us.
• Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature.
• Use any data mining, robots, spiders, or similar data gathering and extraction methods within the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents without our prior written consent.
• Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Website.
• Use any meta tags or any other “hidden text” utilizing the name “File Right” or “Immigration Direct” or any substantially similar name without our written consent.
• Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure.
• “Frame” or “mirror” any part of the Website.
• Engage in spamming or flooding.
• Remove any copyright, trademark or other proprietary rights notices contained on the Website.
• Use the Website or Materials for any unlawful purpose.
• Make any resale or commercial use of the Website or Company Materials
• Make any derivative use of the Website or Company Materials.

6. Links to Third Party Sites

The Website may contain links to other websites, which are completely independent of this Website and are provided to you only as a convenience. Company makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in, or the products or services provided or sold by, any such site. Your linking to any other websites is at your own risk and you acknowledge that you bear all risks associated with access to and use of any content, information, data, advertising, products, services, or materials on or available through such websites, and your access to and use of such websites is subject to the terms and conditions of use applicable to such websites. You agree that the Company is not responsible for any loss or damage of any sort you may incur from dealing with such third party website(s). Company makes no representation or warranty as to the accuracy, legality, decency, completeness or authenticity of the information contained in, or the products or services provided or sold by, any such website, or any other aspect of any such website.

7. Limitations on Service

You acknowledge that Company is not responsible for any rejection or denial of your immigration application due to your failure to timely or properly file your application with USCIS. Further, you acknowledge that USCIS publishes updated forms or changes filing fees from time to time. If you expect to delay submitting your application to USCIS, be sure to confirm that the form you have printed is still being accepted by USCIS prior to filing and that the amount of the filing fee is still correct. You can check whether your form is still current and the current filing fee by logging into your account and viewing your form information.

You acknowledge that Company is not responsible for any denial of your immigration application by USCIS due to your underlying ineligibility for the immigration benefit which you are seeking.

You acknowledge and agree that you will print your forms  only  on U.S. letter-sized paper (8.5 inches by 11 inches), as this is the only paper size that USCIS currently accepts for the submission of paper forms.

You acknowledge that Company is not responsible for USCIS not following their own published guidelines as made available to the general public via their website.

You acknowledge that Company may establish limits concerning use of the Service and that Company may from time to time make changes or updates to its Website, Content, Service and/or software solutions (an “Update”) in order to continue to provide best in-class services and to ensure that the Website supports form updates implemented by applicable government agencies. In the event of an Update, you may be required to provide additional information when returning to your account in order to complete or print your final application. In the event an Update has been made and your account has remained dormant for an extended period of time, Company may disable viewing or editing access of your personal information and require you to contact our customer service in order to view or access your outdated application and/or reuse the Service. Without limiting any other provision of these Terms, Company shall not be liable or responsible for any rejection or denial as a result of an outdated form submission.

You acknowledge that any of the foregoing Limitations on Service will not be cause for a refund for Services and that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

8. Privacy and Information Use

You acknowledge and agree that Company’s  Privacy Policy , as contained on this Website, is incorporated herein by this reference and is thereby a part of these Terms.

9. Ownership

A.  Website Content . The Website is owned and operated by Company. All right, title and interest in and to the materials provided on this Website (excluding any Government forms and documents), including but not limited to the “look and feel” of the Website (including its design, layout, color combinations, button shapes and other graphical elements), information, documents, logos, graphics, sounds, page headers, button icons, service marks, trademarks, trade dress, and images (collectively, the “Materials”) are owned either by Company or by third party authors, developers, or vendors that have licensed the Materials to the Company (“Third Party Providers”). Except as otherwise expressly provided by Company, none of the Materials may be copied, republished, reproduced, uploaded, downloaded, displayed, posted, distributed, or transmitted, in any way, including without limitation on any other website or in a networked computer environment, and nothing on this Website shall be construed to confer any license under any of Company’s intellectual property rights, whether by implication, estoppel, or otherwise. Any rights not expressly granted herein to you are hereby reserved by the Company.

B.  Copyrights . All Website design, text, graphics, and the selection and arrangement thereof, are owned by the Company. Copyright © 2011-2020, Forms Direct Inc. ALL RIGHTS RESERVED.

C.  Trademarks . “File Right”, “FileRight.com”, the Company’s logo, “Immigration paperwork just got easier”, all images and text, and all page headers, custom graphics and button icons are service marks, registered trademarks and/or trade dress of Company. All other trademarks, product names and company names or logos cited herein or on the Website are the property of their respective owners.

10. Refund Policy / Money-Back Guarantee

11. digital millennium copyright act.

If you are a copyright owner or an agent thereof and believe that any Material or content on this Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our designated Copyright Agent to receive notifications of claimed infringement is: Copyright Agent, 1880 Century Park East, Suite 200, Los Angeles, CA 90067, Attn: Jeffrey I. Abrams. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to our customer service department via our  Contact Us  page. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

12. Limitations of Liability and Damages

IF THERE IS LIABILITY IN ANY LEGAL PROCEEDING FOUND ON THE PART OF COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS, IT WILL BE LIMITED TO THE AMOUNT PAID TO COMPANY FOR SERVICES, EXCEPT AS PROVIDED IN AND PURSUANT TO THE ARBITRATION AGREEMENT, BELOW. UNDER NO CIRCUMSTANCES WILL SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BE AWARDED, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. EXCEPT AS PERMITTED BY LAW, NOTHING IN THIS PARAGRAPH IS INTENDED TO MODIFY THE PROVISIONS OF CALIFORNIA BUSINESS AND PROFESSIONS CODE §§ 6400, et seq., IF APPLICABLE.

13. Indemnity

You agree to defend, indemnify and hold Company, its affiliates, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of your use of the Service and/or the Website, your violation of the Terms, or your breach of any of the representations and warranties herein.

14. Limitation of Damages

YOU ACKNOWLEDGE THAT COMPANY HAS SET ITS PRICES AND PROVIDED ACCESS TO OR USE OF THE WEBSITE AND THE SERVICES, AND/OR ANY CONTENT IN RELIANCE OF THE LIMITATIONS OF LIABILITY AND DAMAGES AND THE INDEMNITY SET FORTH HEREIN, AND THAT THOSE PROVISIONS FORM AN ESSENTIAL BASIS UPON WHICH THESE TERMS ARE ESTABLISHED, AND UPON WHICH COMPANY HAS PROVIDED TO YOU ACCESS TO OR USE OF THE WEBSITE AND THE SERVICES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY AND DAMAGES AND THE INDEMNITY SET FORTH HEREIN SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.

15. Enforcement of Rules and Polices

We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate. While we are not obligated to take any action, such action may include, but is not limited to, issuing warnings, suspension or termination of your rights to use our Website. You agree that Company shall not be liable to you or any third party for any termination of your access to the Website, and you agree not to attempt to use the Website after said termination. We also reserve the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials or other third parties.

In order to protect our rights, property, personal safety, and those rights, property and the personal safety of our users and viewers, and to ensure the integrity and operation of our business and systems, may choose to cooperate with any law enforcement request for information or documents, any administrative, civil or criminal subpoena, or any court order, and we may disclose your information (including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing traffic information, and usage history regarding a user in connection with such circumstances.

You are solely responsible for the content that you submit on or through the Website, and any content or information that you transmit to other users or third party advertisers on the Website.

16. User Acknowledgements

Company is not a law firm, the employees of Company are not acting as your attorney, and Company is not a substitute for the advice of an attorney. Company does not provide legal advice and will only provide self-help services at your specific direction. Company does not perform the legal services that an attorney performs and will not provide any explanation, advice, recommendation or opinion to you about your legal rights, options, selection of forms or strategies.

By using the Website to assist your self-representation, you agree to the following:

• I realize that Company is not representing me in any legal matter;
• No attorney-client privilege is created with Company;
• I have been informed of the services that Company is performing, and the cost of these services; and
• No governmental entity or authority has evaluated or approved Company’s knowledge or experience, or the quality of Company’s services.

You acknowledge that you may obtain information regarding free or low-cost legal representation through a local bar association or legal aid foundation.

A portion of the money paid by you, as shown on the Website and in your receipt, may be a fee for legal services to be provided to you directly by an independent immigration lawyer (“Lawyer”). This Lawyer is not employed by Company. Your terms of the agreement and the nature of your relationship with the Lawyer is governed by a separate Limited Scope Representation Agreement (“Representation Agreement”) between you and the Lawyer. Company is not a party to the Representation Agreement. The Lawyer’s representation of you, if any, will be limited to the services described in the Representation Agreement, unless otherwise mutually agreed by you and the applicable lawyer.

17. Choice of Law

The Terms and the relationship between you and Company shall be governed by the laws of the State of Nevada without regard to any conflicts of laws principles.

18. Dispute Resolution by Binding Arbitration

Please read this carefully. It affects your rights.

Most or your concerns can be resolved quickly to your satisfaction by contacting our Customer Center via our  Contact Us  page. In the unlikely event that the Customer Care Center cannot resolve your complaint to your satisfaction, or if we have not been able to resolve a dispute with you after trying to do so informally, we each agree to resolve those disputes through binding arbitration rather than in court. Arbitration is less formal than a lawsuit. Arbitration uses a neutral arbitrator instead of a judge or jury, allows less discovery than courts, and is subject to very limited court review. We agree that any arbitration under these Terms will take place on an individual basis. Representative, group, collective or class actions or arbitrations are not permitted. As explained below, if you prevail in arbitration, Company will pay you more than the amount of the arbitrator’s award and will pay your actual, reasonable attorney’s fees if you are awarded an amount greater than what Company offered you to settle the dispute before arbitration.

You may speak with your own lawyer before using this Website or purchasing any Service, but your use of this Website and the purchase of any Service constitutes your agreement to these Terms.

Arbitration Agreement:

(a) Company and you agree to arbitrate all disputes and claims between us before a single arbitrator. The kinds of disputes and claims we agree to arbitrate are intended to be broadly interpreted, including but not limited to:

• claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, advertising, or any other legal theory;
• claims that arose before these or any prior Terms became effective;
• claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
• claims that may arise after the termination of these Terms.

For the purposes of this Arbitration Agreement, references to “Company,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Service under these Terms or any prior agreements between us.

This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Company are each waiving the right to a trial by jury or to participate in a representative, group, collective or class action or arbitration.

You acknowledge that use of this Website and/or purchase of Service constitutes a transaction in interstate commerce. The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement survives termination of these Terms.

(b) A party seeking arbitration under these Terms must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to Company should be addressed to: Forms Direct Inc., c/o Paracorp Incorporated, 318 N. Carson St #208, Carson City, NV 89701 (the “Notice Address”). Company may send a written Notice to the electronic mail address that you provided when you created an account, if any. The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If Company and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Company or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Company is entitled.

You may download or copy a form Notice from  http://www.fileright.com/noticeofdispute.pdf .

You may download or copy a form to initiate arbitration from the AAA website at  https://www.adr.org/sites/default/files/Demand%20for%20Arbitration%20Consumer%20Arbitration%20Rules.pdf .

(c) After Company receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your total claim is for more than $75,000. If your total claim exceeds $75,000, the payment of all arbitration fees will be governed by the AAA rules. The filing fee for consumer-initiated arbitrations is currently $200, but this is subject to change by the arbitration provider. If you are unable to pay this fee and your total claim is for $75,000 or less, Company will pay the filing fee directly after receiving a written request at the Notice Address. Except as otherwise provided herein, Company will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with these Terms. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse the Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. All arbitration proceeding will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by these Terms. All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (f) are for the court to decide. Unless Company and you agree otherwise, any arbitration hearings will take place in the county or parish of the contact address you submitted to Company. If your total claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephone hearing, or by an in-person hearing governed by the AAA Rules. If you choose to proceed either by telephone or in person, we may choose to respond only by written or telephone. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a telephone or in-person hearing. The parties agree that in any arbitration under these Terms, neither party will rely on any award or finding of fact or conclusion of law made in any other arbitration to which Company was a party. In all cases, the arbitrator shall issue a reasoned, written decision sufficient to explain the findings of fact and conclusions of law on which the award is based.

(d) If, the arbitrator finds in your favor in any respect on the merits of your claim, and the arbitrator issues you an award that is greater than the value of Company’s last written settlement offer made before an arbitrator was selected, then Company will pay you either the amount of the award or $2,000 (“the Alternative Payment”), whichever is greater, plus the actual amount of reasonable attorney’s fees and expenses that you incurred in investigating, preparing, and pursuing your claim in arbitration (the “Attorney’s Payment”). If we did not make you a written offer to settle the dispute before an arbitrator was selected, you will be entitled to receive the Alternative Payment and the Attorney’s Payment, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the Alternative Payment and the Attorney’s Payment at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. In assessing whether an award that includes attorney’s fees or expenses is greater than the value of Company’s last written settlement offer, the arbitrator shall consider only the actual attorney’s fees or expenses reasonably incurred before Company’s settlement offer.

(e) The right to attorney’s fees and expenses discussed in paragraph (d) supplements any right to attorney’s fees and expenses you may have under applicable law. If you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney’s fees or costs. Although under some laws Company may have a right to an award of attorney’s fees and expenses from you if it prevails in an arbitration, Company will not seek such an award.

(f) The arbitrator may award monetary and injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED REPRESENTATIVE, GROUP OR CLASS ACTION OR ARBITRATION, OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, group or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. All other claims remain subject to this Arbitration Agreement.

(g) If the total amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.

(h) Notwithstanding any provision in these Terms to the contrary, we agree that if we make any material change to this arbitration provision (other than a change to any notice address, website link or telephone number), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.

In order to contact Company regarding a complaint about the Service, please  Contact Us .

19. Technical Support Issues

If you encounter a technical problem when attempting to print or otherwise access your completed application, or some other problem you may encounter in attempting to use our Service, Company’s customer service representatives may be able to assist you with your problem.

If you contact Company’s customer service representatives and request that your completed application be sent to you, you acknowledge and agree that you are specifically authorizing them to log in to your account to generate your application and then view your application data to ensure that it was generated properly.

If you contact Company’s customer service representatives and request that a customer service representative remotely control your computer in order to try to resolve your technical problem, you acknowledge and accept that Company is not liable for any technical problems that may persist or arise with your computer after doing so.

20. General Information

The Terms constitute the entire agreement between you and Company and govern your use of the Website and the Service, superseding any prior agreements between you and Company. The failure of Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms do not limit any rights that Company may have under trade secret, copyright, patent or other laws. The employees of Company are not authorized to make modifications to the Terms, or to make any additional representations, commitments, or warranties binding on Company, except in a writing signed by an authorized officer of Company. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website, the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. You also agree that the Terms shall not be construed against the drafting party, i.e., Company.

You warrant, represent and agree that, by accessing or using the Website, its Content and/or the Service, you (i) do so with knowledge of any and all rights that you may have with respect to the provisions of these Terms, (ii) have carefully read and considered these Terms and fully understand its contents and the significance of its contents, (iii) are consenting to these Terms of your own informed and free will, based upon such party’s own judgment and without any coercion or fear of retaliation, and (iv) you have been afforded the opportunity to obtain independent legal advice with respect to these Terms.

Further, unless both you and Company agree otherwise, the trier of fact may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

In addition, in the event of a breach of these Terms by you, the Company will, in addition to all other remedies available to it, be entitled to equitable relief by way of a temporary restraining order, or preliminary or permanent injunction and any other legal or equitable remedies.

21. Notice for California Users

Under California Civil Code Section 1789.3, California users of the Website are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Privacy Policy

NOTICE: This privacy policy is effective as of and was last updated on July 7, 2020.

Types of Information We Collect and How We Use It

Personally identifiable information.

As a general policy, no “ Personally Identifiable Information ” (as defined below) is automatically collected from your visit to the Website, but it will be collected if provided by you or received by us in accordance with this Privacy Policy, for example, through one of the “Sources of Personally Identifiable Information” identified below. “ Personally Identifiable Information ” means: (1) your first and last name; (2) your home or other physical address, street name, and name of city or town; (3) your email address(es); (4) your telephone number(s); (5) your social security number; (6) your date of birth; (7) any other identifier that permits you to be contacted in person; (8) personally identifiable employment or financial information; and (9) information about you that we collect from you through this Website or other channels and maintain in personally identifiable form in combination with any of the above information about you.

We will collect and use Personally Identifiable Information about you in a number of ways, including:

• responding to your request for products or services offered through the Website; and
• notifying you about products, services, and other opportunities we think will be of interest to you, including, without limitation, by e-mail, telephone, or SMS Message Service.

By using the Website, you are consenting to the use and disclosure of your Personally Identifiable Information as described in this Privacy Policy.

If you would like to make corrections or updates to your Personally Identifiable Information, including your email address, phone number, or mailing address, or your credit card information or password reminder phrase, you can easily make them through the edit profile section of your account. We reserve the right to collect information about you from other sources and store it in connection with other online or offline information we may possess or obtain about you.

Sources of Personally Identifiable Information

The Personally Identifiable Information which we collect and use may come from a number of sources, including:

• Registration Information, which you provide when registering for our services or products offered through the Website. For example, you will be required to submit personal information such as your name, address, email, and date of birth to verify your identity prior to establishing your account.
• Billing information, such as a credit card number, card issuer, cardholder name and other account details, which is required or requested to process the payment for the products or services you order from us.
• Other information we collect, such as the city of your birth and your mother’s maiden name, which is used to verify your identity in the event you forget your login information required for our online products or services.
• Information you provide to us in response to our communications. For example, we may request that you provide your e-mail address so that we may send you notifications, alerts, special offers and newsletters.
• Information that you provide to us through customer service communications and correspondence, including general feedback.
• Information you provide to us responding to products or services offered through the Website, including information you provide in order to check the status on your application.

Non-Personally Identifiable Information.

Certain non-personally identifiable information, including but not limited to the type of browser you are using, the operating system running that browser, your device ID or MAC address, and your IP address (“ Non-Personally Identifiable Information ”), may be automatically recorded by the standard operation of the Website or its internet servers. Even if you do not provide information to us, we automatically collect certain information about your use and interaction with our Website and services. This Non-Personally Identifiable Information can be used to help diagnose server problems, administer the Website and generally enhance your online experience. We will also collect certain information arising out of your use of the Website, such as cookies, or web beacons, or augment the data we collect with other information from other online or offline sources, including the Demographics and Interest Reports and User-ID tracking features of Google Analytics, AdWords and/or AdSense or other tracking or third-party remarketing codes. You are able to opt out of Google Demographics tracking by installing the official Google Analytics opt-out browser extension  here . We also may collect other Non-Personally Identifiable Information such as: (i) age; (ii) gender; (iii) interest categories (e.g., sports, travel, food & dining); or (iv) parental status. We reserve the right to collect information about you and store it in connection with other online or offline information we may possess or obtain about you.

In addition, when you access our Website or use our services on a mobile device, we may collect certain information automatically, such as the type of device you use, unique device ID, wireless mobile subscriber information, operating system, and information about your use of our services. With your consent, we may use available services on your device to determine your precise location. Our services may be supported by advertising, some of which may be customized based on information we collect or receive about you or your devices, including your location.

A cookie is a piece of data stored on the hard drive of your computer that contains information about you and that is used for record keeping purposes. Cookies enable us to track and target your interests to enhance your experience on the Website. We may set and access cookies on your computer to provide you with customized content and to assist in providing the products that you have requested. We also work with companies who provide services to maintain the Website and enable those service providers the right to use cookies on our website. Most cookies automatically delete themselves from your hard drive after each session. Like many other websites, we may automatically track information based upon your behavior on the Website, including combining information that we obtain through the use of cookies with Personally Identifiable Information, or other aggregate or anonymous data, including a unique identification we may assign you. We also may combine information obtained from first- and third-party cookies to help us better understand our customer demographics and how customers interact with our sites. The information may include browser type, internet service provider, language setting, screen resolution, referring/exit pages, platform type, date/time stamp, IP address, and number of clicks, all used to analyze trends, administer the Website, track your movement in the aggregate, and gather broad demographic information for aggregate use. Most web browsers are initially set up to accept cookies; however, you can reset your web browser to reject all cookies. If you reject the cookie, you may still use the Website, although your access to and use of some areas of the Website may be limited. In addition, if you refuse to accept cookies you agree to assume all responsibility for any resulting loss of functionality.

Web Beacons

Pages on our Website also may contain “web beacons” (also known as Internet tags, pixel tags and clear GIFs). Web beacons allow third parties to obtain information such as the IP address of the computer that downloaded the page on which the beacon appears, the URL of the page on which the beacon appears, the time the page containing the beacon was viewed, the type of browser used to view the page, and the information in cookies set by the third party. We use log files to store the data that is collected through web beacons.

All of your Personally Identifiable Information and Non-Personally Identifiable Information, as well as any other information described above may be referred to collectively as the “User Information.”

How We Respond to Do Not Track Signals

We do not currently support the Do Not Track browser setting.

Sharing of Information

We reserve the right to share, rent, sell, or otherwise disclose certain of your User Information, including Personally Identifiable Information, with affiliated and non-affiliated third parties, including without limitation in connection with the following:

Special Offers  – We sometimes disclose the information we collect to affiliated companies for marketing purposes and to enhance our products or services to better suit your needs. When identifying methods of improving our products or services, or if we think a product or service may be of interest to you, we may extend select special offers of goods or services to you. If you would like to opt-out of receiving these offers, please refer to the “Offering You Choices – Marketing Options,” section below.

Ancillary Services  – We may share your User Information with third-party affiliates, partners and/or service providers providing ancillary or other services, including, without limitation, third-party translators, technology and development services providers, payment processors, and other professional services providers. Without limiting any other provision of this Privacy Policy, we may share your User Information with any such third parties assisting us in the fulfillment of services requested by you or offered to you during your use or in the course of your activity on our Website or in communications with us, including with attorney or legal services providers, whether or not in conjunction with any purchase on our Website.

Vendors  – We sometimes disclose the information we collect to non-affiliated third party companies that operate various services for us, such as marketing, distribution, advertising, analytics, data or list management, or certain product functionalities, or who otherwise provide goods or services which may be of interest to you. If you provide information to us, you are expressly consenting to receiving telephone calls, emails or text messages, or direct mail, from us, or on our behalf, regarding the products and services offered on the Website.

E-Commerce Providers on our Website  – If you provide Personally Identifiable Information to one of our Website’s e-commerce providers, vendors or advertisers (if any), this transaction will occur within the site of the applicable e-commerce provider, vendor or advertiser, not on the Website, and, as such, the Personally Identifiable Information you provide is collected pursuant to and controlled by the privacy policy of such e-commerce provider, vendor or advertiser. We are not responsible for such parties’ privacy policies and we encourage you to familiarize yourself with the applicable privacy policy of the e-commerce site with which you transact business or to contact the operator of such site for more information.

As Permitted by Law  – We may share your Personally Identifiable Information with non-affiliated third parties as permitted by law.

Cooperation with Government Agencies/Response to Subpoenas and/or Court Order  – In order to protect our rights, property, personal safety, and those rights, property and the personal safety of our users and viewers, and to ensure the integrity and operation of our business and systems, may choose to cooperate with any law enforcement request for information or documents, any administrative, civil or criminal subpoena, or any court order, and we may disclose your information (including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing traffic information, and usage history regarding a user in connection with such circumstances.

Transferability of Information  – We may share your User Information and other data with businesses controlling, controlled by, or under common control with us. In the event we go through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personally Identifiable Information and other User Information will likely be among the assets transferred, and you hereby consent to such transfer.

Bankruptcy  – In the event we file for bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditor’s rights generally, we may not be able to control how your Personally Identifiable Information is treated, transferred, or used. if such an event occurs, your Personally Identifiable Information may be treated like any other asset of ours and sold, transferred or shared with third parties, or used in ways not contemplated or permitted under this Privacy Policy, without notice to you or your consent.

Contact You  – We may use any User Information provided by you to contact you for any purpose contemplated in this Privacy Policy or on our Website, even if your telephone number is found on a do-not-call registry or similar registry. You agree that by providing your telephone number on our website or other communication to us, you are providing your express written consent to be contacted by fileright.com or its agents, affiliates or partners, at that number for marketing purposes, using pre-recorded messages, automated dialing technology, or text-message based marketing (“SMS” Messages”), whether or not such number is found on any state or federal do-not-call list. You agree that based on your individual plan with your carrier, you may incur charges associated with receiving calls and messages and that you agree to be solely responsible for such charges. You may opt-out from receiving SMS messages by texting “STOP” or “Opt-out” or as otherwise specifically specified in the communication. By registering on or using the Website, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR 310 et seq.), as amended from time to time.

In addition to the above, we may disclose your Personally Identifiable Information in special cases when we have reason to believe that disclosing this information is necessary: (a) to identify, contact or bring legal action against someone who may be causing injury to or interfering (either intentionally or unintentionally) with: (i) our legal rights or property, (ii) another visitor or anyone else that could be harmed by such activities; or (b) by operation of law.

Please be advised that certain Personally Identifiable Information becomes a matter of public record upon the filing of certain documents with the appropriate government agency or court.

Offering You Choices - Marketing Options

You have choices when it comes to learning about our new offers, products or services, as well as those offered by our affiliates. If you do not wish to receive these offers, you may opt out by contacting our Customer Care department via our  Contact Us  page. Alternatively, each marketing e-mail we send to you will include instructions how to opt-out which you may utilize. Please note that you may still receive information from third parties to whom we have disclosed your information prior to the time you opted-out. You should contact each party in the event that you no longer want to receive information from such party. Whether or not a customer has opted out of receiving certain communications from us, customer may continue to receive transactional, non-marketing emails necessary to provide our services or otherwise relevant to your interaction with our Website, including, without limitation, communications affecting your rights, communications necessary to comply with regulatory requirements or investigations, or communications exempted pursuant to the California Consumer Privacy Act or other applicable laws, rules or regulations.

We are deeply committed to your right to privacy. However, please note that this Website’s Privacy Policy only applies to the Website and not to any other websites that you may access from the Website, each of which may have privacy policies that are materially different from this Privacy Policy. We encourage you to be aware when you leave the Website and to read the privacy policies of each and every other website, as we are not responsible or liable for the commitments and obligations made to you in any privacy policy or the terms and conditions of any such website. Our Website may include social media features, such as links to social media pages and platforms, Facebook Like buttons and Widgets, such as the Share this button or interactive programs that run on our site. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features are either hosted by a third party or hosted directly on our website. Your interactions with these features are governed by the privacy policy of the company providing it.

We work hard to protect your personal information and use industry standard protocols and technology to protect to protect the security of your User Information against data theft by unauthorized third parties. However, we cannot guarantee that our security measures will prevent our computers from being illegally accessed, and the data on them stolen or altered, and we assume no liability or responsibility to you or to any third party arising out of any loss, misuse, destruction, or alteration of your User Information. Moreover, please take into account that the Internet and e-mail transmissions are not secure or error free communication means. We encourage you to always take great care in handling and disclosing your personal information. For example, avoid sending personal information through insecure email. We also urge you to be aware that if you use or access our Website or services through a third-party computer network (e.g., internet cafe, library) or other potentially non-secure internet connection, such use may increase risk of unauthorized access to your User Information and you do so at your own risk. Please refer to the Federal Trade Commission’s website at  http://www.ftc.gov/bcp/menus/consumer/data.shtm  for information about how to protect yourself against identity theft.

Data Transfers, Storage and Retention

Website has its headquarters in the United States of America (USA). Henceforth, your personal data may be accessed by us or our affiliates, agents, partners, or third party service providers elsewhere, and you hereby consent to such access and transfer by providing us such information. If you are accessing our Website from other regions, you ought to know that you are thereby transferring your User Information to the USA and, thus, you hereby consent to such transfer to the USA or to any other country in which we operate.

We will retain your User Information for as long as your account is active or as long as needed to continue to offer or provide services to you or track customer accounts, in our sole discretion, in accordance with applicable laws, rules and regulations. The foregoing notwithstanding, to the fullest extent permitted by law, we reserve the right to archive, delete or purge your User Information at any time, including permanently erasing, relocating or migrating your User Information from or between our websites, servers, databases or platforms, including upon your request, or to comply with any laws, rules, regulations, court or administrative orders, or upon the advice of counsel.

Persons Under the Age of 18

In order to use the Website and/or its products and/or services, you must be at least 18 years of age. The Website is not directed to or intended for use by persons under the age of 18 and we not knowingly solicit personal information from such persons or send them requests for non-public personal information. If we become aware that we have inadvertently received Personally Identifiable Information directly from someone under the age of 18, we will delete such information from our records. If you are under the age of 18, you are not permitted to use our Website, products or services, or send us any personal information.

Notification of Changes

We reserve the right to modify, alter or otherwise update this Privacy Policy from time to time, so you are encouraged to review this Privacy Policy often. Your continued use of the Website following the posting of such modifications, alterations or updates will signify and constitute your acceptance thereof. Please note that each time you use the Website, the current version of this Privacy Policy will apply.

If we make changes to this Privacy Policy, we will update this Privacy Policy on our Website and the effective date of the most recent updates, so that you are always aware of what information we collect, how such information is used and under what circumstances, if any, such information is disclosed. Unless we obtain your express consent, any revised Privacy Policy will apply only to information collected after such time as the revised Privacy Policy takes effect.

Visitor’s Acceptance of These Terms

By using the Website, you hereby accept all of the terms set forth in our Privacy Policy. If you do not agree to or accept all or any portion of the terms outlined in this Privacy Policy, then you are not permitted to use the Website.

Privacy Complaints

If you believe that we have not complied with this Privacy Policy, please  Contact  our Privacy Officer.

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Office of International Services

• Permanent Residence

While you are waiting for your application for permanent residence (Form I-485) to be processed, you must be careful about traveling outside the United States. If you don’t receive permission to travel before your trip, you might inadvertently cancel your permanent residence application.

Every applicant for permanent residence (except some statuses, including H status—see below) needs this permission, which is called “advance parole.” U.S. Citizenship and Immigration Services (USCIS) awards advance parole.

Questions about permanent residence?

Our expert staff members will help you understand what you need to do.

Processing of advance parole can take up to four months at a minimum. If you must travel because of an urgent situation, contact us .

Apply for advance parole

The advance parole application requires the following documentation:

• Two color photographs
• A photocopy of your USCIS receipt for Form I-485, unless you submit Form I-131 at the same time as Form I-485
• A photocopy of the identification page from your passport

If you file your advance parole application separately from Form I-485, send your application to the service center that provided your I-485 receipt.

Fee for advance parole application

Your I-485 fee covers the fee for an initial application or a renewal application.

Approval of advance parole

Form I-512 approves advance parole. Approval is granted for one year, and allows multiple entries into the United States while your permanent residence application is being processed.

Advance parole for F-1s, J-1s, J-2s, O-1s, and TNs

If you are an F-1, a J-1, a J-2, an O-1, or a TN and you have any form of employment that is authorization based on your visa status, you must apply for employment authorization on Form I-765 when you file for advance parole.

Travel abroad and return to the United States on an advance parole document ends your previous status. Any employment that is authorized by that status also ends. After your re-enter on the parole document, you must have the Employment Authorization Document (EAD) to continue your employment. You can request work authorization by completing Form I-765.

Since EAD processing generally takes three months, we strongly advise applying for advance parole and for the EAD at the same time.

Advance parole for H-1Bs and H-4s

Travel abroad before the advance parole has been granted may cause your Form I-131 to be denied. Consider carefully if travel is required or if it can be delayed until the I-131 has been adjudicated.

If you are an H-1B specialty worker or an H-4 dependent and have not filed the I-131, you can travel if you have the following documentation:

• A valid passport with a valid H visa. (Canadian citizens do not need a visa. For others, if you do not have a valid H visa stamp, you will need to apply for a new one at a U.S. embassy or consulate if you are not using advance parole.)
• Your original USCIS approval notice (I-797) showing valid H status
• A letter from the employer that is listed on your I-797 approval notice, confirming that you continue to work in the same position for which you obtained H status

You must obtain advance parole if you meet one of these three criteria:

• You used an Employment Authorization Document (EAD) for an outside employer.
• You are an H-4 dependent who has used an EAD based on a permanent residence application.
• You are the dependent of an H-1 who has used an EAD for an outside employer.

If you are an H-1B employee and you are working only for your H-1B employer on a valid H-1B petition, you do not need to obtain an EAD after you travel with advance parole, as long as you will return and continue the employment that is authorized by your H-1B status.

We suggest showing the advance parole card and the valid H-1B petition at the port of entry.

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Can I travel before my Form I-485 is approved?

Home » Can I travel before my Form I-485 is approved?

May 3, 2021

International Travel Before Form I-485 is Approved

If your I-485 Adjustment of Status application is pending, traveling anywhere outside the United States (including brief trips to Canada or Mexico) can lead to the denial of your Form I-485. In fact, U.S. Citizenship and Immigration Services (USCIS) will assume that you abandoned your application unless:

• You are an H, L, V or K3/K4 nonimmigrant who is maintaining lawful nonimmigrant status and you return with a valid H, L, V or K3/K4 nonimmigrant visa; or
• You obtain, before you leave the United States , an advance parole document, and you are paroled into the United States when you return.

Advance Parole

Advance parole enables an adjustment of status applicant to travel before Form I-485 is approved. Specifically, it allows you to be paroled back to the United States without applying for a visa. A transportation company (e.g. airline) can accept an advance parole document instead of a visa as proof that you are authorized to travel to the United States. An advance parole document does not replace your passport.

Equally important, the advance parole document preserves a pending adjustment of status application (Form I-485) with USCIS.

Travel Risks with Advance Parole

Having an advance parole document is not a guarantee that you will be allowed to reenter the United States. At the port of entry, a U.S. Customs and Border Protection (CBP) officer will make the final decision about whether to allow you to reenter the United States.

Some of the reasons to contact an immigration attorney before requesting advance parole with Form I-485 include, but are not limited to, if you have ever:

• Been arrested or convicted of a crime;
• Been in immigration court proceedings:
• Spent any time inside the United States in an unlawful status; or
• Been detained or refused entry at the border.

If any of the issues mentioned above apply to your situation, please speak to your immigration attorney before traveling outside the United States.

RECOMMENDED: Advance Parole Travel for Adjustment of Status Applicants

Obtaining Advance Parole

Adjustment of Status applicants may apply for advance parole by filing Form I-131, Application for Travel Document . CitizenPath recommends that you file Form I-131 at the same time as your Form I-485. When you file them concurrently, there is no additional USCIS filing fee for Form I-131.

RECOMMENDED: Adjustment of Status Denial Due to Changes in Circumstances

Immigration Form Guides Form I-90       Form I-129F       Form I-130       Form I-131       Form I-131A       Form I-134       Form I-485       Form I-751       Form I-765       Form I-821D       Form I-864       Form N-400       Form N-565       Form N-600

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© Copyright 2013-2024, CitizenPath, LLC. All rights reserved. CitizenPath is a private company that provides self-directed immigration services at your direction. We are not affiliated with USCIS or any government agency. The information provided in this site is not legal advice, but general information on issues commonly encountered in immigration. CitizenPath is not a law firm and is not a substitute for an attorney or law firm. Your access to and use of this site is subject to additional Terms of Use .

• Immigration

Travel During I-140 Process: Reentry Permits & Immigration Application

Traveling outside the u.s. during the i-140 process can affect your immigration application. it is advisable to apply for a u.s. reentry permit to reenter the country without jeopardizing your application. understanding the implications of travel is crucial to ensure a smooth immigration process..

Key Takeaways:

• The I-140 process is a crucial step in immigrating to the US, impacting travel plans and potential re-entry.
• Travel during the I-140 process requires caution to maintain legal status and avoid abandonment of pending applications.
• Obtaining a US reentry permit is essential for extended travel and protects permanent resident or conditional resident status.

Understanding the I-140 Process and Its Impact on Travel

Immigrating to the United States is a complex procedure, and one major milestone along the way is the I-140 process. The Form I-140, also known as the Immigrant Petition for Alien Workers, is a document that U.S. employers file on behalf of foreign nationals, signifying the intent to hire them on a permanent basis. It’s crucial for those going through this process to understand how their travel plans could be affected.

Travel During the Immigration Application: What to Consider

If you’re in the midst of the I-140 process, you need to be cautious about traveling outside of the U.S. Why? Because your application could reach a stage that requires your presence in the country, or you might need to be available for additional documentation or interviews.

Can I Travel Abroad During the I-140 Process?

In short, yes, but with some caveats. If you’re a non-immigrant in the U.S. and your current status allows for travel abroad, you may do so. However, keep in mind the following points:

• Maintaining Legal Status : Ensure that your non-immigrant status remains valid during your travels and after you return to the U.S.
• Pending Adjustment of Status Application : If you have a Form I-485, Application to Register Permanent Residence or Adjust Status, pending alongside your I-140, leaving the country without prior permission could result in the abandonment of your application.

Traveling with an Approved I-140

Once your I-140 is approved, the journey isn’t over. An approved I-140 indicates that you have an immigrant visa number waiting for you, based on your priority date and visa availability.

Also of Interest:

Reporting illegal h-1b visa fee charges by consultancies, understanding perm advertising requirements in the i-140 and perm process.

• Avoiding Complications : Even with an approved I-140, you should still maintain a valid non-immigrant status. Do not assume that an approved I-140 grants you automatic reentry—follow standard reentry procedures.
• Advance Parole : If you have a pending Adjustment of Status application (I-485), you may apply for Advance Parole, which grants you permission to re-enter the U.S. without affecting your pending case.

Acquiring U.S. Reentry Permits for Long-term Travel

If you need to be outside the U.S. for an extended period, typically more than one year, you may consider obtaining a U.S. reentry permit. This document:

• Facilitates Reentry : Safeguards against the presumption that you’ve abandoned your permanent resident or conditional resident status.
• Has Validity Parameters : Typically valid for two years and must be applied for while in the U.S.

Reentry permits are especially important for those who have received their green cards or intend to stay outside the U.S. for more than a year. Always apply for the reentry permit before leaving the country.

Final Thoughts

Navigating the I-140 process and understanding immigration nuances is pivotal. If you plan to travel during your immigration application, advanced preparation and knowledge of the rules are your best allies. Be mindful that changes in immigration laws and policies can occur, so it’s wise to consult with an immigration attorney or visit the official U.S. Citizenship and Immigration Services (USCIS) website for the most current information.

Before making travel plans, reflect on these considerations: – Keep abreast of your application’s status and any necessary presence in the U.S. – Maintain your non-immigrant status vigilantly, if applicable. – Secure the necessary permissions for re-entry to the U.S. if your travels coincide with pending applications.

Remember, careful planning and adherence to immigration protocol will ensure that your pathway towards working and living in the U.S. remains uninterrupted. Whether you’re just starting the I-140 process or awaiting your green card, your attention to these details can make all the difference in successfully achieving your American dream.

Well, folks, that’s a wrap on understanding the I-140 process and how it affects travel. Navigating immigration can be as tricky as trying to Snapchat with your grandma, but with a little know-how, you’ll be on your way to the land of opportunity. Don’t forget to check out visaverge.com for more tips, tricks, and all things immigration. Happy travels, my fellow tech enthusiasts!

FAQ’s to know:

FAQ 1: Can I travel abroad during the I-140 process?

Yes, you can travel abroad during the I-140 process if you are a non-immigrant in the U.S. and your current status allows for travel. However, there are some points to consider:

• Maintaining Legal Status : Make sure your non-immigrant status remains valid during your travels and after you return to the U.S.
• Pending Adjustment of Status Application : If you have a pending Form I-485 alongside your I-140, leaving the country without prior permission could lead to the abandonment of your application.

FAQ 2: Do I need to take any additional steps after my I-140 is approved?

Yes, even with an approved I-140, it is important to maintain a valid non-immigrant status. An approved I-140 does not grant automatic reentry. It is crucial to follow standard reentry procedures. If you have a pending Adjustment of Status application (I-485), you may apply for Advance Parole, which allows you to re-enter the U.S. without affecting your pending case.

FAQ 3: What is a U.S. reentry permit and why is it important?

A U.S. reentry permit is a document that facilitates your reentry into the U.S. after an extended period abroad, typically more than one year. Obtaining a reentry permit is important because it safeguards against the presumption that you have abandoned your permanent or conditional resident status. The permit is valid for two years and must be applied for while you are in the U.S. If you have received your green card or plan to stay outside the U.S. for more than a year, it is advisable to apply for a reentry permit before leaving the country.

What did you learn? Answer below to know:

• True or False: Leaving the United States without prior permission while your I-485 application is pending alongside your I-140 could result in the abandonment of your immigration application.
• What is the purpose of acquiring a U.S. reentry permit? a) To facilitate reentry into the United States after a short trip abroad b) To safeguard against the presumption of abandoning permanent resident or conditional resident status c) To extend the validity of a non-immigrant visa d) To expedite the I-140 approval process
• What is the recommended course of action for maintaining legal status while traveling with an approved I-140? a) Apply for a U.S. reentry permit before leaving the country b) Assume automatic reentry is granted with an approved I-140 c) Consult with an immigration attorney for updated travel rules d) Follow standard reentry procedures and maintain a valid non-immigrant status

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• Green Card Application

Can I work while my Green Card application is processing?

Updated: Feb. 27, 2020

USCIS can take a very long time to process applications.

If you’re like most applicants, you’re probably wondering “Can I work while my application is processing”. The answer is yes, you can work, but you need to meet a few requirements before you go and apply for that job.

Before Applying for a Green Card

If you entered the U.S. on a visa, such as an H-1B or L-1, you may continue to work on that visa as long as it is valid and you follow all stipulations pertaining to that visa .

If you have work authorization through OPT or a TN visa you are permitted to continue working until that visa expires, but are not eligible to renew that authorization if you have a pending adjustment of status application.

Applying for a Green Card & Form I-765

If you have not applied for a green card yet and would like to be able to work in the U.S. during the processing time, you must submit the Form I-765, Application for Employment Authorization with your green card application. Once your application is approved, USCIS will send you an Employment Authorization Document (EAD) that you can use to work in the U.S. while awaiting the approval of your green card. EAD is valid for both full and part-time work.

Processing Timeline: USCIS previously issued work authorization within 90 days, but their current processing time averages 4-7 months . While it can be frustrating to wait that long to receive work authorization, these processing times are shorter than the current green card wait times and are meant to make the wait time for the green card a little easier.

The Form I-765 is typically filed at the same time as your Form I-485, Application to Register Permanent Residence or Adjust Status. The application fee ($410) is waived if you submit it with the Form I-485 .

Already applied for a Green Card but forgot the Form I-765?

If you did not submit the Form I-765 with your initial Form I-485 application and want to do so, you can still submit it afterwards . However, it will still be processed based on the date it was sent (which can take longer than the green card). If you submit the Form I-765 afterwards, you will need to attach a copy of the I-797 receipt notice from the initial Form I-485 to the top of the application to have the I-765 fee waived.

Situations where you cannot file Form I-765 and work.

If you are going through the consular process outside of the United States, you are not eligible to apply for work authorization . Similarly, if your petitioner is a permanent residence , you are not eligible to submit the Form I-765 with your Form I-130, Petition for Alien Relative, and will have to wait until you are eligible to submit the Form I-485 to apply for work authorization.

Work Authorization Renewal

If your I-485 is still pending approval and your work permit is close to expiring you can apply for a renewal of your EAD.

This application can be submitted up to 120 days within your work authorization expiring. This is done by submitting a new Form I-765 to USCIS. When applying for this renewal you will need to attach additional documents such as a copy of your current EAD and the Form I-797 notice from your Form I-485 application.

Working without Authorization

By law, employers in the U.S. are only allowed to employ U.S. citizens, U.S. permanent residents, or other individuals given authority to work by the USCIS. Working without authorization can cause big problems for both the employee and the company. This could also potentially complicate your green card application and is not recommended.

If you have any questions about work authorization or your green card application, please reach out to SimpleCitizen support .

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• Fact Sheets

Frequently Asked Questions: Guidance for Travelers to Enter the U.S.

Updated Date: April 21, 2022

Since January 22, 2022, DHS has required non-U.S. individuals seeking to enter the United States via land ports of entry and ferry terminals at the U.S.-Mexico and U.S.-Canada borders to be fully vaccinated for COVID-19 and provide proof of vaccination upon request.  On April 21, 2022, DHS announced that it would extend these requirements. In determining whether and when to rescind this order, DHS anticipates that it will take account of whether the vaccination requirement for non-U.S. air travelers remains in place.

These requirements apply to non-U.S. individuals who are traveling for essential or non-essential reasons. They do not apply to U.S. citizens, Lawful Permanent Residents, or U.S. nationals.

Effective November 8, 2021, new air travel requirements applied to many noncitizens who are visiting the United States temporarily. These travelers are also required to show proof of COVID-19 vaccination. All air travelers, including U.S. persons, must test negative for COVID-19 prior to departure. Limited exceptions apply. See  CDC guidance  for more details regarding air travel requirements.

Below is more information about what to know before you go, and answers to Frequently Asked Questions about cross-border travel.

Entering the U.S. Through a Land Port of Entry or Ferry Terminal

Q. what are the requirements for travelers entering the united states through land poes.

A:  Before embarking on a trip to the United States, non-U.S. travelers should be prepared for the following:

• Possess proof of an approved COVID-19 vaccination as outlined on the  CDC  website.
• During border inspection, verbally attest to their COVID-19 vaccination status. 
• Bring a  Western Hemisphere Travel Initiative  compliant border crossing document, such as a valid passport (and visa if required), Trusted Traveler Program card, a Department of State-issued Border Crossing Card, Enhanced Driver’s License or Enhanced Tribal Card when entering the country. Travelers (including U.S. citizens) should be prepared to present the WHTI-compliant document and any other documents requested by the CBP officer.

 Q. What are the requirements to enter the United States for children under the age of 18 who can't be vaccinated?

A:  Children under 18 years of age are excepted from the vaccination requirement at land and ferry POEs.

Q: Which vaccines/combination of vaccines will be accepted?

A:  Per CDC guidelines, all Food and Drug Administration (FDA) approved and authorized vaccines, as well as all vaccines that have an Emergency Use Listing (EUL) from the World Health Organization (WHO), will be accepted.

Accepted Vaccines:

• More details are available in CDC guidance  here .
• 2 weeks (14 days) after your dose of an accepted single-dose COVID-19 vaccine;
• 2 weeks (14 days) after your second dose of an accepted 2-dose series;
• 2 weeks (14 days) after you received the full series of an accepted COVID-19 vaccine (not placebo) in a clinical trial;
• 2 weeks (14 days) after you received 2 doses of any “mix-and-match” combination of accepted COVID-19 vaccines administered at least 17 days apart.

Q. Is the United States requiring travelers to have a booster dose to be considered fully vaccinated for border entry purposes?

A:  No. The CDC guidance for “full vaccination” can be found here.

Q: Do U.S. citizens or lawful permanent residents need proof of vaccination to return to the United States via land POEs and ferry terminals?

A:  No. Vaccination requirements do not apply to U.S. citizens, U.S. nationals, or Lawful Permanent Residents (LPRs). Travelers that exhibit signs or symptoms of illness will be referred to CDC for additional medical evaluation.

Q: Is pre- or at-arrival COVID testing required to enter the United States via land POEs or ferry terminals?

A: No, there is no COVID testing requirement to enter the United States via land POE or ferry terminals. In this respect, the requirement for entering by a land POE or ferry terminal differs from arrival via air, where there is a requirement to have a negative test result before departure.

Processing Changes Announced on January 22, 2022 

Q: new changes were recently announced. what changed on january 22.

A:  Since January 22, 2022, non-citizens who are not U.S. nationals or Lawful Permanent Residents have been required to be vaccinated against COVID-19 to enter the United States at land ports of entry and ferry terminals, whether for essential or nonessential purposes. Previously, DHS required that non-U.S. persons be vaccinated against COVID-19 to enter the United States for nonessential purposes.  Effective January 22, all non-U.S. individuals, to include essential travelers, must be prepared to attest to vaccination status and present proof of vaccination to a CBP officer upon request. DHS announced an extension of this policy on April 21, 2022.

Q: Who is affected by the changes announced on January 22?

A: This requirement does not apply to U.S. citizens, U.S. nationals, or U.S. Lawful Permanent Residents. It applies to other noncitizens, such as a citizen of Mexico, Canada, or any other country seeking to enter the United States through a land port of entry or ferry terminal.

Q: Do U.S. citizens need proof of vaccination to return to the United States via land port of entry or ferry terminals?

A: Vaccination requirements do not apply to U.S. Citizens, U.S. nationals or U.S. Lawful Permanent Residents. Travelers that exhibit signs or symptoms of illness will be referred to CDC for additional medical evaluation. 

Q: What is essential travel?

A:  Under the prior policy, there was an exception from temporary travel restrictions for “essential travel.” Essential travel included travel to attend educational institutions, travel to work in the United States, travel for emergency response and public health purposes, and travel for lawful cross-border trade (e.g., commercial truckers). Under current policy, there is no exception for essential travel.

Q: Will there be any exemptions? 

A: While most non-U.S. individuals seeking to enter the United States will need to be vaccinated, there is a narrow list of exemptions consistent with the Centers for Disease Control and Prevention (CDC) Order in the air travel context.

• Certain categories of individuals on diplomatic or official foreign government travel as specified in the CDC Order
• Children under 18 years of age;
• Certain participants in certain COVID-19 vaccine trials as specified in the CDC Order;   
• Individuals with medical contraindications to receiving a COVID-19 vaccine as specified in the CDC Order;
• Individuals issued a humanitarian or emergency exception by the Secretary of Homeland Security;
• Individuals with valid nonimmigrant visas (excluding B-1 [business] or B-2 [tourism] visas) who are citizens of a country with limited COVID-19 vaccine availability, as specified in the CDC Order
• Members of the U.S. Armed Forces or their spouses or children (under 18 years of age) as specified in the CDC Order; and
• Individuals whose entry would be in the U.S. national interest, as determined by the Secretary of Homeland Security.

Q: What documentation will be required to show vaccination status?

A:  Non-U.S. individuals are required to be prepared to attest to vaccination status and present proof of vaccination to a CBP officer upon request regardless of the purpose of travel.

The current documentation requirement remains the same and is available on the CDC website . Documentation requirements for entry at land ports of entry and ferry terminals mirror those for entry by air.

Q: What happens if someone doesn’t have proof of vaccine status?

A: If non-U.S. individuals cannot present proof of vaccination upon request, they will not be admitted into the United States and will either be subject to removal or be allowed to withdraw their application for entry.

Q: Will incoming travelers be required to present COVID-19 test results?

A: There is no COVID-19 testing requirement for travelers at land border ports of entry, including ferry terminals.

Q: What does this mean for those who can't be vaccinated, either due to age or other health considerations? 

A: See CDC guidance for additional information on this topic. Note that the vaccine requirement does not apply to children under 18 years of age.

Q: Does this requirement apply to amateur and professional athletes?

A: Yes, unless they qualify for one of the narrow CDC exemptions.

Q: Are commercial truckers required to be vaccinated?

A: Yes, unless they qualify for one of the narrow CDC exemptions. These requirements also apply to bus drivers as well as rail and ferry operators.

Q. Do you expect border wait times to increase?

A:  As travelers navigate these new travel requirements, wait times may increase. Travelers should account for the possibility of longer than normal wait times and lines at U.S. land border crossings when planning their trip and are kindly encouraged to exercise patience.

To help reduce wait times and long lines, travelers can take advantage of innovative technology, such as facial biometrics and the CBP OneTM mobile application, which serves as a single portal for individuals to access CBP mobile applications and services.

Q: How is Customs and Border Protection staffing the ports of entry? 

A: CBP’s current staffing levels at ports of entry throughout the United States are commensurate with pre-pandemic levels. CBP has continued to hire and train new employees throughout the pandemic. CBP expects some travelers to be non-compliant with the proof of vaccination requirements, which may at times lead to an increase in border wait times. Although trade and travel facilitation remain a priority, we cannot compromise national security, which is our primary mission. CBP Office of Field Operations will continue to dedicate its finite resources to the processing of arriving traffic with emphasis on trade facilitation to ensure economic recovery.

Q: What happens if a vaccinated individual is traveling with an unvaccinated individual?  

A:  The unvaccinated individual (if 18 or over) would not be eligible for admission.

Q: If I am traveling for an essential reason but am not vaccinated can I still enter?

A:  No, if you are a non-U.S. individual. The policy announced on January 22, 2022 applies to both essential and non-essential travel by non-U.S. individual travelers. Since January 22, DHS has required that all inbound non-U.S. individuals crossing U.S. land or ferry POEs – whether for essential or non-essential reasons – be fully vaccinated for COVID-19 and provide related proof of vaccination upon request.

Q: Are sea crew members on vessels required to have a COVID vaccine to disembark?

A:  Sea crew members traveling pursuant to a C-1 or D nonimmigrant visa are not excepted from COVID-19 vaccine requirements at the land border. This is a difference from the international air transportation context.

Entering the U.S. via Air Travel

Q: what are the covid vaccination requirements for air passengers to the united states  .

A:  According to CDC requirements [www.cdc.gov/coronavirus/2019-ncov/travelers/noncitizens-US-air-travel.html | Link no longer valid], most noncitizens who are visiting the United States temporarily must be fully vaccinated prior to boarding a flight to the United States. These travelers are required to show proof of vaccination. A list of covered individuals is available on the CDC website.  

Q: What are the COVID testing requirements for air passengers to the United States?  

A:  Effective Sunday, June 12 at 12:01 a.m. ET, CDC will no longer require pre-departure COVID-19 testing for U.S.-bound air travelers.

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• Customs and Border Protection (CBP)
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How to Obtain Permission to Travel While Your Green Card is Being Processed

Introduction, what is a green card, the process of applying for a green card, the benefits of having a green card, the process of renewing your green card, the process of applying for u.s. citizenship, the differences between a green card and a visa, the process of applying for a green card for a family member.

If you are a permanent resident of the United States, you may be wondering how to obtain permission to travel while your green card is being processed.

Checkout this video:

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If you are a lawful permanent resident (LPR) of the United States, you may travel outside the country and return using your Green Card. However, if you plan to be away for an extended period of time or if you want to travel before your Green Card is issued, you will need to obtain permission from the US Citizenship and Immigration Services (USCIS).

There are two ways to obtain permission to travel while your Green Card is being processed: advance parole or a reentry permit. Advance parole allows you to return to the United States after traveling abroad, while a reentry permit allows you to leave and return multiple times during the validity period of the permit.

Applying for advance parole or a reentry permit can be complex, so it is important to consult with an experienced immigration attorney before beginning the process. An attorney can help you understand the requirements and ensure that you meet all the necessary criteria.

A Green Card is a document that allows a person to live and work in the United States permanently. If you have a Green Card, you are known as a permanent resident. Permanent residents are sometimes referred to as “aliens.”

If you are a permanent resident of the United States, you may apply for a Green Card. A Green card allows you to live and work permanently in the United States. The process of applying for a Green Card is called “adjustment of status.”

If you are already in the United States, you can file an adjustment of status application with the USCIS. However, if you are outside of the United States, you will need to apply for an immigrant visa through a U.S. consulate or embassy.

Once you have filed your application, the USCIS will review your case and decide whether or not to approve your Green Card. If your application is approved, you will be issued a Green Card and will be able to live and work permanently in the United States.

If you are a legal permanent resident of the United States, you may be able to travel outside of the country while your green card is being processed. However, you will need to obtain permission from the United States Citizenship and Immigration Services (USCIS) before you leave.

There are two ways to obtain permission to travel while your green card is being processed:

Apply for a re-entry permit: A re-entry permit allows you to stay outside of the United States for up to two years without losing your legal permanent resident status. You can apply for a re-entry permit by filing Form I-131 with the USCIS.

Obtain a immigrant visa: If you plan on staying outside of the United States for more than two years, or if you do not meet the requirements for a re-entry permit, you can apply for an immigrant visa. An immigrant visa allows you to live and work permanently in the United States. You can apply for an immigrant visa by filing Form I-130 with the USCIS.

As a permanent resident of the United States, you are entitled to many rights and privileges. You can live and work permanently in the United States, and you can travel in and out of the country with relative ease. However, there are some restrictions on your travel privileges while your green card is being processed.

If you want to travel outside of the United States while your green card application is pending, you must obtain permission from the U.S. Citizenship and Immigration Services (USCIS). This permission is in the form of a document called an Advance Parole Document. The Advance Parole Document allows you to re-enter the United States after traveling abroad without having to obtain a new immigrant visa.

There are two ways to apply for an Advance Parole Document:

– You can include Form I-131, Application for Travel Document, with your green card application (Form I-485).

– If you have already been granted permanent residence, you can file Form I-131 separately from your green card application.

If you are granted an Advance Parole Document, it will be valid for one year from the date it is issued. You can use it for multiple trips during that time period.

The process of renewing your Green Card is relatively simple. You will need to complete an Application for Renewal of Green Card, which is available from the US Citizenship and Immigration Services (USCIS). You will also need to pay a filing fee, which is currently $455. Once your application and fee have been received, the USCIS will begin processing your renewal.

The USCIS typically takes around two to three months to process a Green Card renewal application. However, it is possible to expedite the process if you need to travel urgently. If you are looking to travel outside of the United States while your renewal application is being processed, you will need to obtain permission from the USCIS in the form of an Advance Parole document.

An Advance Parole document allows you to re-enter the United States after traveling abroad without having to obtain a new visa. It is important to note that an Advance Parole document does not guarantee entry into the United States; you will still be subject to inspection by a Customs and Border Protection officer upon arrival.

If you are interested in obtaining an Advance Parole document, you will need to complete an Application for Travel Document, which is available from the USCIS. You will also need to pay a filing fee, which is currently $575. Once your application and fee have been received, the USCIS will begin processing your request.

The USCIS typically takes around two to three weeks to process a request for an Advance Parole document. However, it is possible to expedite the process if you need to travel urgently. If you are looking for more information on how to obtain permission to travel while your Green Card is being processed, please contact us today.

The average time it takes to naturalize as a U.S. citizen is 8 to 10 months.1 The steps involved and the timing of each vary depending on whether you are applying based on having a Green Card for at least five years (Form N-400) or for being married to a U.S. citizen for at least three years (Form N-600/600K). If you meet certain requirements, you may be able to use the shorter Form N-426, “Certificate of Citizenship in Lieu of Certificate of Naturalization.”

Whichever form you use, the main steps are similar:

1. File your form with USCIS and pay the fee.

2. Get fingerprinted biometrics collected at an ASC appointment.

3. Attend an interview and pass an English and civics test, unless you qualify for an exemption or waiver.

4. Become a U.S. citizen either at your ceremony or through overseas naturalization if you are employed by the U.S., certain members of the military, or their spouses employed abroad by certain international organizations like the United Nations Children’s Fund (UNICEF).

There are two ways that foreign nationals can legally enter and stay in the United States: with a green card or a visa. A green card, also known as a permanent resident card, allows an individual to live and work in the U.S. indefinitely.Green card holders are also allowed to travel outside of the U.S. and re-enter, as long as they don’t stay outside of the country for more than one year at a time.

Visas, on the other hand, are temporary permissions to enter the U.S. that are granted for a specific reason and for a specific period of time. For example, someone may obtain a student visa in order to study at an American university for four years. After the four years are up, the student would need to either obtain another type of visa or leave the country.

So, what does this mean if you have a green card but want to travel outside of the United States? Well, if you plan on staying outside of the country for less than one year, then you can simply use your green card to re-enter. However, if you plan on being gone for longer than one year, then you will need to obtain what’s called a “reentry permit” from the United States Citizenship and Immigration Services (USCIS) before you leave.

A reentry permit is essentially permission from USCIS for you to temporarily leave the United States while your green card is being processed. It is important to note that a reentry permit is not a visa – it does not give you permission to enter any other country besides the United States. You will still need to apply for visas from any other countries that you wish to visit during your travels.

If you have any questions about traveling while your green card is being processed, or if you need help obtaining a reentry permit, please contact our office today!

The process of applying for a green card for a family member is known as sponsorship. The first step is to sponsor the family member by filing an immigrant petition. This petition is filed with the U.S. Citizenship and Immigration Services (USCIS). Once the petition is approved, the sponsored family member will be notified and will be able to apply for a green card.

The sponsored family member will need to fill out an application, which includes a biographic information form, a medical examination form, and an affidavit of support form. The biographic information form asks for basic information about the applicant, such as name, date of birth, place of birth, etc. The medical examination form must be completed by a licensed doctor and includes questions about the applicant’s medical history and current health. The affidavit of support form must be completed by the sponsor and requires the sponsor to provide financial information to show that they can support the sponsored family member.

Once the application is complete, it will be sent to the USCIS for processing. The USCIS will review the application and make a decision on whether or not to approve it. If approved, the sponsored family member will be notified and will be able to pick up their green card at a local USCIS office. If denied, the USCIS will notify the sponsor and sponsored family member of the decision and reason for denial.

1. How do I obtain permission to travel while my green card is being processed? 2. What are the requirements for obtaining a green card? 3. How long does it take to obtain a green card? 4. How do I renew my green card? 5. What are the benefits of having a green card?

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Green Card for Employment-Based Immigrants

ALERT: You should include your  Form I-693, Report of Medical Examination and Vaccination Record , with your Form I-485 to save time.

You should include your  Form I-693, Report of Medical Examination and Vaccination Record , with your Form I-485 to save time. You are not required to file Form I-693 at the same time you file Form I-485, but filing both forms at the same time may eliminate the need for USCIS to issue a Request for Evidence to obtain your Form I-693. This may also help avoid adjudication delays if we decide that you do not need to be interviewed.

If we sent you a Request for Evidence (RFE) for your Form I-693, please respond as soon as possible so we can finalize a decision on your adjustment of status application.

U.S. immigration law provides aliens with a variety of ways to become lawful permanent residents (get a Green Card) through employment in the United States. These employment-based (EB) “preference immigrant” categories include:

• Aliens with extraordinary ability in the sciences, arts, education, business, or athletics;
• Outstanding professors and researchers; or
• Certain multinational managers and executives.
• Second preference (EB-2) – aliens who are members of the professions holding advanced degrees or who have exceptional ability (including requests for national interest waivers). 
• Third preference (EB-3) – skilled workers, professionals, or other workers.

This page provides specific information for aliens in the United States who want to apply for lawful permanent resident status in the EB-1, EB-2, and EB-3 categories while in the United States. This is called “adjustment of status.” You should also read the Instructions for Form I-485, Application to Register Permanent Residence or Adjust Status (PDF, 686.14 KB) before you apply.

For more information on other types of employment-based immigrants, see our pages on Green Cards for EB-4 special immigrants (for example, religious workers and special immigrant juveniles) and EB-5 immigrant investors .

If you are currently outside the United States , see Consular Processing for information about how to apply for a Green Card as a family preference immigrant.

If you are currently in the United States, in order to be eligible for a Green Card as an EB-1, EB-2, or EB-3 immigrant, you must meet the following requirements:

• You properly file Form I-485, Application to Register Permanent Residence or Adjust Status ;
• You were inspected and admitted or inspected and paroled into the United States;
• You are physically present in the United States at the time you file your Form I-485;
• You are eligible to receive an immigrant visa;
• An immigrant visa is immediately available to you at the time you file your Form I-485 and at the time USCIS makes a final decision on your application. (For information on visa availability, see Visa Availability and Priority Dates , Adjustment of Status Filing Charts , and the Department of State website to view the Visa Bulletin );
• You submit evidence that the new job is in the same or a similar occupational classification as the job in the original Form I-140; and
• The Form I-485 you filed based on the Form I-140 remains unadjudicated for 180 days or more; and
• None of the applicable bars to adjustment of status apply to you;
• You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief; and
• You merit the favorable exercise of USCIS’ discretion .

Inspected and Admitted or Inspected and Paroled

Generally, to be eligible to adjust status, you must be present in the United States after being “inspected and admitted” or “inspected and paroled” by an immigration officer. There are some limited exceptions to this eligibility requirement. For more information on this requirement, see USCIS Policy Manual Volume 7, Adjustment of Status, Part B, Chapter 2, Section A, “Inspected and Admitted” or “Inspected and Paroled” .

Eligibility to Receive an Immigrant Visa

You are eligible to receive an immigrant visa, if you are the beneficiary of:

• An approved Form I-140 filed on your behalf;
• A pending Form I-140 (that is ultimately approved); or
• A Form I-485 filed together with the Form I-140 (and the Form I-140 is ultimately approved).

Depending on how you entered the United States or if you committed a particular act or violation of immigration law, you may be barred from adjusting status. You are ineligible to apply for adjustment of status if one or more bars to adjustment listed in section 245(c) of the Immigration and Nationality Act (INA) apply to you. For more information, please see USCIS Policy Manual Volume 7, Adjustment of Status, Part B, 245(a) Adjustment .

Applying Under INA 245(i) (LIFE Act)

You may be able to adjust status under INA 245(i) even if you are subject to one or more adjustment bars and are therefore ineligible for adjustment of status under INA 245(a) . See the separate Instructions for Form I-485 Supplement A, Adjustment of Status Under Section 245(i) (PDF, 375.63 KB) for more information.

To qualify for a Green Card, you must be admissible to the United States. Reasons why you may be inadmissible are listed in the INA 212(a) and are called grounds of inadmissibility.

In general, USCIS can only approve your Green Card application only if none of the grounds of inadmissibility apply to you.

If you are inadmissible, the law may allow you to apply for a waiver of inadmissibility or other form of relief in your situation. See Form I-601, Application for Waiver of Grounds of Inadmissibility and Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal . If a waiver or other form of relief is granted, USCIS may approve your application for a Green Card if you are otherwise eligible.

Whether a waiver or other form of relief is available depends on the specific inadmissibility ground(s) that applies to you and the category you are adjusting under. Eligibility requirements for waivers and other forms of relief vary. For information on the grounds of inadmissibility and waivers, please see USCIS Policy Manual Volume 8, Admissibility and Volume 9, Waivers .

If you are currently in the United States, an immigrant visa is immediately available to you as an EB-1, EB-2, or EB-3 immigrant, and you meet certain other requirements, you may file Form I-485, Application to Register Permanent Residence or Adjust Status , to apply for a Green Card without leaving the country. This is called “adjustment of status.” If a visa is immediately available, you may file your Form I-485:

• Together (“ concurrently ”) with Form I-140, Immigrant Petition for Alien Worker filed on your behalf;
• While the Form I-140 is pending; or
• After the Form I-140 is approved (and remains valid).

For information on visa availability, see Visa Availability and Priority Dates , Adjustment of Status Filing Charts , and the Department of State website to view the Visa Bulletin .

As the named Form I-140 beneficiary, you are the applicant of the Form I-485 and supplements. As the applicant, you should submit the following documentation and evidence to apply for a Green Card as an employment-based immigrant who is already in the United States:

• Form I-485, Application to Register Permanent Residence or Adjust Status ;
• Copy of the Form I-797, Approval or Receipt Notice, for the Form I-140 filed on your behalf (unless you are filing your Form I-485 together with the Form I-140);
• Form I-485 Supplement J (unless you are filing your Form I-485 together with the Form I-140 or you are adjusting based on a National Interest Waiver or as an alien of extraordinary ability), to confirm that the job offered to you in Form I-140 remains a bona fide job offer that you intend to accept once your Form I-485 is approved; and
• A signed statement confirming you intend to work in the occupational field specified in the Form I-140 if you are a self-petitioner.
• Two passport-style photographs;
• Copy of your government-issued identity document with photograph;
• Copy of your birth certificate;
• Copy of your passport page with nonimmigrant visa (if applicable);
• Copy of your passport page with admission or parole stamp (issued by a U.S. immigration officer) (if applicable);
• Copy of Form I-94, Arrival/Departure Record, or copy of the U.S. Customs and Border Protection (CBP) admission or parole stamp on the travel document (if applicable)

Note: If CBP provided you with an electronic Form I-94 upon your arrival/admission to the United States, you may print out a paper version of the Form I-94 from the CBP website ;

• Proof that you have continuously maintained a lawful status since arriving in the U.S. (or that you are exempt under INA 245(k));
• Form I-864, Affidavit of Support Under Section 213A of the INA (only if your Form I-140 petition was filed by a relative who is a U.S. citizen or lawful permanent resident, or by a for-profit entity if 5% or more of the ownership interest is held by a relative who is a U.S. citizen or a lawful permanent resident). See Instructions for Form I-864 (PDF, 314.55 KB) for more information.

Note: “Relative” means a U.S. citizen or lawful permanent resident who is your husband, wife, father, mother, son or daughter, or a U.S. citizen who is your brother or sister;

• Form I-693, Report of Medical Examination and Vaccination Record (you may submit this form together with Form I-485 or later, such as by mail when we request it or in person at your interview, if any);
• Certified police and court records of all criminal charges, arrests, or convictions regardless of final disposition (if applicable);
• Form I-601, Application for Waiver of Grounds of Inadmissibility (if applicable);
• Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal (if applicable);  
• Documentation of past or present J-1 or J-2 nonimmigrant status (if applicable), including proof of compliance with or a waiver of the 2-year foreign residence requirement under INA 212(e) (for more information, see Form I-612, Application for Waiver of the Foreign Residence Requirement );
• If you currently hold A, G, or E nonimmigrant status, include Form I-508, Request for Waiver of Rights, Privileges, Exemptions and Immunities ;  
• Form I-566, Interagency Record of Request – A, G or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G or NATO Status (only if you have A, G, or NATO nonimmigrant status); and
• Form I-485 Supplement A, Adjustment of Status Under Section 245(i) (if applicable).

Note: Certain forms, including Form I-485, have a filing fee. You must submit the correct filing fee for each form, unless you are exempt or eligible for a fee waiver. Please see USCIS’ Filing Fees and Fee Schedule for more information.

For more information on applying for adjustment of status, see the Instructions for Form I-485 (PDF, 686.14 KB) . Please also see our page on Tips for Filing Forms with USCIS .

If you are the spouse or unmarried child under 21 years of age of an employment-based principal applicant, you may apply for a Green Card as a derivative applicant.  For more information on derivatives and eligibility for adjustment of status, please see USCIS Policy Manual Volume 7, Part A, Chapter 6, Section C, Subsection C - Derivatives .

Eligibility Criteria for Adjustment of Status as Derivative Applicants

In order to be eligible for a Green Card as an employment-based derivative applicant, you must meet the following requirements:

• Together with the principal applicant’s Form I-485 (and the principal applicant’s Form I-485 is ultimately approved);
• While the principal applicant’s Form I-485 is still pending with USCIS (and the principal applicant’s Form I-485 ultimately approved);
• The principal applicant is still a lawful permanent resident, and
• You were the principal applicant’s spouse or child at the time USCIS approved the principal applicant’s Form I-485; or
• You were the principal applicant’s spouse or child at the time the principal applicant was admitted into the United States.
• You are currently the principal applicant’s spouse or child;
• An immigrant visa is immediately available to you at the time you file your Form I-485 and at the time USCIS makes a final decision on your application. (For information on visa availability, see Visa Availability and Priority Dates , Adjustment of Status Filing Charts , and the Department of State website to view the Visa Bulletin .)

What to Submit (Derivative Applicants)

If you are a derivative applicant (a spouse or child), you should submit the following evidence to apply for a Green Card under an employment-based immigrant category:

• Copy of documentation showing your relationship to the principal applicant, such as a marriage certificate, birth certificate, or adoption decree;
• Copy of the Form I-797, Approval or Receipt Notice, for the principal applicant’s Form I-140 (unless you are filing your Form I-485 together with the principal applicant’s Form I‑485);
• Copy of the Form I-797, Approval or Receipt Notice, for the principal applicant’s Form I‑485 or a copy of the principal applicant’s Green Card (if not filing together with the principal applicant’s Form I-485);
• Copy of Form I-94, Arrival/Departure Record or copy of the U.S. Customs and Border Protection (CBP) admission or parole stamp on the travel document (if applicable)

Note: If CBP provided you with an electronic Form I-94 upon your arrival/admission to the United States, you may print out a paper version of the Form I-94 from the CBP website at www.cbp.gov/I94 ;

• Proof that you have continuously maintained a lawful status since arrival in the U.S. (or that you are exempt under INA 245(k));
• Copy of Form I-864, Affidavit of Support Under Section 213A of the INA (only if the principal applicant’s Form I-140 petition was filed by a relative who is a U.S. citizen or lawful permanent resident, or by a for-profit entity if 5% or more of the ownership interest is held by a relative who is a U.S. citizen or a lawful permanent resident). See Instructions for Form I-864 (PDF, 314.55 KB) for more information.
• Form I-693, Report of Medical Examination and Vaccination Record (you may submit this form together with Form I-485 or later, for example, by mail when we request it or in person at your interview, if any);
• Certified police and court records of criminal charges, arrests, or convictions (if applicable);
• Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal (if applicable);

Generally, when you have a pending Form I-485, you may apply for employment authorization by filing Form I-765, Application for Employment Authorization .

You may also apply for an advance parole document by filing a Form I-131, Application for Travel Document . An advance parole document authorizes you to appear at a port-of entry to seek parole into the United States after temporary travel abroad. If you need to leave the United State temporarily while your Form I-485 is pending, please see the Instructions for Application for Travel Document  for more information.  Generally, if you have a pending Form I-485 and you leave the United States without an advance parole document, you will have abandoned your application.

For further information, see our Employment Authorization and Travel Documents pages.

You may be eligible, using the new mailing address below, to request to transfer the underlying basis of your  Form I-485, Application to Register Permanent Residence or Adjust Status , to a different employment-based immigrant category based on another  Form I-140, Immigrant Petition for Alien Workers .

USCIS may, in its discretion, grant a transfer request if the following criteria are met:

• You have continuously maintained eligibility for adjustment of status;
• Your adjustment of status application based on the original Form I-140 is still pending;
• You are eligible for the new immigrant category; and
• You have a visa immediately available in the new immigrant category.

You must request in writing that USCIS transfer the underlying basis of your pending Form I-485 to another immigrant category.

In certain instances, you should also submit a completed I-485 Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j) with your transfer request. The purpose of the Supplement J is to confirm the validity of the job offered to you in the immigrant petition you want to use as the basis for your transfer request.

• If you are requesting to transfer your underlying basis to a previously filed and approved Form I-140, you should submit Supplement J with your transfer request.
• If you are requesting to transfer your underlying basis to a Form I-140 that remains pending, you do not need to submit Supplement J.
• If a new Form I-140 is being filed on your behalf and you are eligible to concurrently file, you may request to transfer the underlying basis of your pending Form I-485 to this new petition. The petition must be submitted with a signed letter requesting that your pending Form I-485 be transferred to the new petition. It should include a coversheet (preferably highlighted with colored paper) stating “REQUEST FOR TRANSFER OF PENDING FORM I-485 [receipt number] TO ENCLOSED PETITION.”  You should include a copy of the Form I-485 receipt notice as well as evidence of eligibility in the new immigrant category. You do not need to submit Supplement J.

USCIS does not provide a written response to transfer requests. However, USCIS will issue receipt notices for the Supplement J.

The written request to transfer the underlying basis should at a minimum contain sufficient information for USCIS to identify the pending Form I-485 and the immigrant petition which you would like to use as the new basis for your application (for example, receipt number or A-Number).

Locations for Submission of Transfer Request

You may submit your written request and completed Supplement J to:

U.S. Postal Service (USPS):

USCIS Attn: Supp J PO Box 660834 Dallas, TX 75266-0834

FedEx, UPS, and DHL deliveries:

USCIS Attn: Supp J (Box 660834) 2501 S. State Hwy. 121 Business Suite 400 Lewisville, TX 75067-8003

• Employment-based transfer requests that are not accompanied by a Supplement J should be submitted in writing to the USCIS office with jurisdiction over your pending I-485 application. Applicants may determine the USCIS office with jurisdiction over their application by referring to any receipt or transfer notices they have received, or by reaching out to the USCIS Contact Center at 800-375-5283.
• Transfer requests accompanying a newly filed Form I-140 should not be sent to the address above or to the USCIS office with jurisdiction over your application, but instead should be sent to the normal filing location for the Form I-140. Please check the Direct Filing Addresses for Form I-140 page on our website.

If you have already submitted a transfer request to a USCIS office, you should not submit a new request. All requests to transfer the underlying basis already received or that will be received at a USCIS office will be processed as usual by the USCIS office with jurisdiction over your pending Form I-485.

You do not have to submit a new adjustment of status application or filing fee with a request to transfer the underlying basis of your Form I-485 from one petition to another. Submitting a new adjustment of status application is not required to transfer the underlying basis of a pending Form I-485 and will not result in faster adjudication of the benefit request. For more information on transferring the underlying basis of your Form I-485, see the  USCIS Policy Manual .

For more information, see the following:

• INA 203(b)(1)-(3) – Preference Allocation for Employment-Based Immigrants
• INA 212 (a) – Classes of Aliens Ineligible for Visas or Admission
• INA 245 – Adjustment of Status of Nonimmigrant to that of a Person Admitted for Permanent Residence
• 8 CFR 245 - Adjustment of Status to that of a Person Admitted for Permanent Residence
• USCIS Policy Manual, Volume 7, Part A, Adjustment of Status Policies and Procedures
• USCIS Policy Manual, Volume 7, Part B, 245(a) Adjustment
• USCIS Policy Manual Volume 8, Admissibility
• USCIS Policy Manual Volume 9, Waivers