Instructions For Form I-485 Application To Register Permanent Residence Or Adjust Status (Page 7 of 9) in pdf

At the time of any interview or other appearance at a USCIS

Effect of Departure from the United States While Your

Application Is Pending

office, USCIS may require that you provide biometrics

information (e.g., photographs, fingerprints) to verify your

1. Applying for adjustment of status under section 245 of the

identity and update your background information.

INA

National Interest Waiver (NIW) Physicians

If you apply for adjustment of status under section 245 of

the INA, traveling anywhere outside the United States

An NIW Physician applicant must fulfill the medical service

(including brief visits to Canada or Mexico) will lead to

requirement to which he or she is subject based upon a Form

the denial of your Form I-485 as abandoned unless:

I-140 petition which was approved under section 203(b)(2)(B)

(ii)(I) of the INA, as amended by the Nursing Relief for

A. You are an H, L, V or K3/K4 nonimmigrant who is

Disadvantaged Areas Act (Nursing Relief Act) of 1999.

maintaining lawful nonimmigrant status and you

Specifically, an NIW Physician applicant must submit

return with a valid H, L, V or K3/K4 nonimmigrant

evidence to establish that he or she has met the qualifying

visa; OR

medical service requirement within 120 days after completing

B. You obtain, before you leave the United States, a

the required service. An NIW Physician applicant's Form

grant of advance parole by filing Form I-131 as

I-485 will be considered ready for processing after evidence

specified in the Form I-131 instructions, and you are

of the completion of the required medical service is submitted.

paroled into the United States when you return.

(If an NIW Physician must also complete medical service

based on a waiver of the foreign residence requirement of

2. Applying for adjustment of status under section 209 of the

section 212(e) of the INA, then evidence of the completion

INA

of this required service should also be submitted at this time.)

If you apply for adjustment of status under section 209 of

Decision

the INA because you were admitted as a refugee or

granted asylum, you may travel abroad and return to the

The decision on Form I-485 involves a determination of

United States with a refugee travel document. You may

whether you have established eligibility for the requested

obtain a refugee travel document by filing Form I-131 as

benefit. You will be notified of the decision in writing.

specified in the Form I-131 instructions.

Selective Service Registration

3. Applying for registry of permanent residence under

If you are a male at least 18 years of age, but not yet 26 years,

section 249 of the INA

and required according to the Military Selective Service Act to

Under the DHS regulations at 8 CFR Part 249, you do not

“abandon” your registry application by traveling abroad

you register.

while it is pending. If you do not obtain a grant of

When your signed application is filed with and accepted by

advance parole, however, you may not be able to return

USCIS, we will transmit to the Selective Service System your

lawfully to the United States. You may obtain advance

name, current address, Social Security number, date of birth,

parole by filing Form I-131 as specified in the Form I-131

and the date you filed the application. This action will enable

instructions.

the Selective Service System to record your registration as of

Warning:

the filing date of your application.

If USCIS does not accept your application and, if still so

Travel outside of the United States may trigger the 3- and 10-

required, you are responsible to register with the Selective

year bar to admission under section 212(a)(9)(B)(i) of the INA

Service System by using other means, provided you are under

for adjustment applicants, but not registry applicants. This

26 years of age. If you have already registered, the Selective

ground of inadmissibility is triggered if you were unlawfully

Service System will check its records to avoid any duplication.

present in the United States (i.e., you remained in the United

States beyond the period of authorized stay) for more than 180

(NOTE: Men 18 - 25 years of age who are applying for

days before you applied for adjustment of status and you

student financial aid, government employment, or job

travel outside of the United States while your Form I-485 is

training benefits should register directly with the Selective

pending.

Service System or such benefits may be denied. Men can

NOTE: Only unlawful presence that was accrued on or after

April 1, 1997, counts towards the three and ten year bar under

section 212(a)(9)(B)(i) of the INA.

Form I-485 Instructions 01/17/17 N Page 7

Instructions For Form I-485 Application To Register Permanent Residence Or Adjust Status Page 7

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