Instructions For Supplement A To Form I-485, Adjustment Of Status Under Section 245(I) (Page 5 of 11) in pdf

Documentation. To show that your immigrant petition or permanent labor certification application was properly

filed, you must submit either:

A. Form I-797 showing a qualifying date of filing. (Form I-797 showing a filing date indicates the U.S. Government

accepted the petition and implies that the U.S. Government determined the petition was signed and submitted with

the appropriate filing fee); or

B. Form ETA-750 bearing a state workforce agency’s date stamp, an agency letter, or other document specifying the

date of receipt/filing.

3. The qualifying petition or application was approvable when filed.

An immigrant petition or labor certification application is considered approvable when filed if:

A. The petition or application was properly filed;

B. The petition or application was meritorious in fact; and

C. The petition or application was not frivolous (“frivolous” meaning patently without substance).

Documentation. Unless contradictory evidence exists, a final decision approving the required petition or application

shows that the petition or application was approvable when filed. Such an approval consists of either:

A. An INS approval notice (on Form I-797) for the immigrant petition; or

B. A U.S. Department of Labor certification stamp (on Form ETA-750) for the permanent labor certification application.

Absent an approved petition or application, you may submit any relevant evidence to show the petition or application

was properly filed and approvable when filed. USCIS makes this determination based on the circumstances that

existed at the time the qualifying petition or application was filed. A petition or application that was approvable when

filed but was later withdrawn, denied, or revoked due to circumstances that arose after the time of filing may still

qualify you for INA section 245(i) adjustment if you are otherwise eligible.

4. The principal beneficiary of the qualifying petition or application was physically present in the United States on

December 21, 2000 (if applicable).

If you qualify to apply for adjustment of status under INA section 245(i) based on an immigrant petition or application

for permanent labor certification filed on or after January 15, 1998, you must prove that the principal beneficiary of

that petition or application was physically present in the United States on December 21, 2000.

Documentation. In some cases, a single document may suffice to prove physical presence, but often you will need

to submit several documents. USCIS will ordinarily place the greatest weight on government-issued documents. The

following list gives examples of documents that you may submit as evidence of physical presence:

A. Form I-94 Arrival-Departure Record, the nonimmigrant visa page of the principal beneficiary’s passport, Form

I-512L, or other U.S. Government-issued document showing admission or parole into the United States after

inspection by an immigration officer;

B. A Notice to Appear in Immigration Court;

C. Official correspondence or other notices from a U.S. Government agency;

D. A state driver’s license;

E. Income tax or property tax records, returns, or payments;

F. School or college transcripts and records;

G. Hospital or doctor’s records;

Form I-485 Supplement A Instructions 12/13/17 N

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Instructions For Supplement A To Form I-485, Adjustment Of Status Under Section 245(I) Page 5