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III. 법학 (Law)/이민법 (Immigration Law)

Employment Based : I-140, I-485

by hlee100 2017. 12. 12.
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www.uscis.gov 에서 Form 다운받기


I. 일반 I-140 제출시 구성 서류

1. Attorney Letter

2. I-140 작성


3. 최근 1년치 Tax Return


4. G-28 작성

: Check $700 (pay to the order of : US Department of Homeland Security)


5. Labor Certificate

: Petitioner, Beneficiary, Attorney 모든 사인 받아야 함


6. Labor Certificate에서 제시한 Qualification 자료

:예를 들어, 태권도 사범이면 태권도 4단 단증 or Educational Degree


7. 여권 카피






II. 급행 I-140 제출시


1. 일반 I-140 (모든 서류)


2. I-907 (급행 서류) with Check $1225 (pay to the order of  : US Department of Homeland Security)




<일반 I-140일 시>


모든 서류 사인 받은 후, 노동청에 메일로 보냄

메일을 보내서 Pass되면, 접수증이 나옴


이 접수증으로 I-485 신청



2. I-485 (영주권 신청 서류) : 이때 워킹퍼밋까지 신청한다



<I-485 신청 후 - RFE 올 경우>


1. Birth of Certifiate


미국에서 출생증명서 발급 받기

한국에서 출생한 사람이 미국에서 출생증명서 (Birth Certificate) 을 발급 받아야 하는 경우가 있는데, 제 경우에는 영주권 프로세스 진행 중에 Adjustment of Status (AOS) 의 일부로 출생증명서를 발급 받아야 할 일이 있었습니다. 도움주신 분들께 다시 한번 감사드리며 프로세스 정리 및 공유. ☺

0. 기본적으로 한국에서 발급하는 ‘기본증명서’ (영문명 Basic Certificate) 와 ‘가족관계증명서’ (영문명 Certificate of Family Relations) 가 필요하고, 한국에서 이를 발급 받은 뒤, 영문으로 번역하고 번역한 내용에 대해 공증을 받아야 합니다.

1–1. 기본증명서와 가족관계증명서 발급은 인터넷으로 가능합니다. 다만!!! ActiveX 가 설치 가능한 Windows PC 가 있어야 하고, 본인 이름으로 된 유효한 공인인증서가 필요합니다. (…) 이정도만 되도 해외에 사는 분들은 대부분 인터넷 발급이 어려울텐데, 저는 다행이 이 조건들이 갖춰져 있어서 ‘아하 그럼 나는 인터넷 발급이 되겠군 음하하하하!!’ 했으나, 역시 한국 정부의 인터넷 싸이트를 너무 과소평가했습니다. 최종적인 발급 과정에서 해당 증명서들을 출력하려면 무려 “보안을 위해” a. 네트워크 프린터가 아닌 직접 연결된 프린터가 필요하고 b. 무려!!!!!!!!!! 한국 정부에서 ‘그래 이 프린터들은 써도 됨’ 이라고 한 프린터들이 설치되어 있어야 합니다… 자 여기까지 해외에서 가능하신 분은 0.00001% 정도 될 것 같네요. 사실 1번 스텝은 어차피 스킵 할껀데 제가 하다보니 빡쳐서 써봤어요. 그럼 어떻게 하느냐?

1–2. 대사관 혹은 영사관에 직접 방문 신청 가능합니다. 본인의 여권을 지참하고 대사관이나 영사관에 방문하시면 기본증명서와 가족관계증명서 발급 신청이 가능하고, 1주일 이내에 발급이 되면 전화 연락을 주십니다. 발급 비용 $4 정도. 저는 샌프란시스코 총영사관에서 발급 받았는데, 금요일 오후에 신청했는데 바로 다음 월요일 아침에 발급이 됐다고 전화주셔서 월요일 오후에 찾았습니다 .

2. 받은 증명서를 영문으로 번역해야 합니다. 제가 알기로는 해당 영문 번역을 꼭 전문 번역가나 특정한 자격 요건을 가진 사람한테 맡길 필요가 없습니다. 본인이 그냥해도 된다고 알고 있어서, 제가 직접 했습니다. 샌프란시스코 총영사관 홈페이지에 가시면 친절하게 기본증명서와 가족관계증명서 영문 샘플이 있습니다. 또한 씨애틀 총영사관 홈페이지에 가면 “가족관계증명서 용어 번역” 파일도 있어 1:1 대응으로 번역 가능하고, 한국 주소의 경우 네이버에서 영문 주소명 변환기를 찾아서 변환하면 됩니다.

3. 번역한 영문 증명서를 공증을 받아야 합니다. 샌프란시스코 총영사관의 경우 공증도 해줍니다. 제 경우에는 세번 왔다 갔다 하지 않기 위해 노트북과 와이파이까지 챙겨가서 발급한 국문 서류를 찾은 뒤에, 바로 앞에서 영문 번역 및 출력을 한 뒤 공증까지 받았습니다. 샌프란시스코 총영사관의 경우 저 같은 사람들을 위해 쓸 수 있는 PC 한대가 비치되어 있고, 인터넷도 연결 되어 있고 프린터도 연결되어 있습니다. ☺

이렇게 기본증명서, 가족관계증명서의 원본, 번역본, 공증까지 마치면 이것으로 미국에서의 출생증명서 (Birth Certificate) 으로 인정 받을 수 있습니다. 헥헥. 다행히 샌프란시스코 총영사관이 가깝고, 일 처리가 빨리 되어서 (한국의 속도!) 상대적으로 금방 받을 수 있었네요. ☺




If I-485 is filed concurrently with I-140, add:

  • Form I-140 or receipt of a pending I-140;
  • A labor certification or request for a national interest waiver;
  • Supporting cover letter from employer;
  • Employment verification letters from previous jobs;
  • Other evidence that you meet LC requirements;
  • Evidence that the employer has the ability to pay the wage.



Checklist of forms and supporting documents for I-485 
Application to Register Permanent Residence or Adjust Status


  • Form I-485 (type or print in black ink, answer all questions, use N/A or "none" when necessary, and don't forget to sign it!);
  • Form I-485A, Supplement A, if filed under 245(i);
  • Fee payment checks;
  • Form G-325A, Biographic Information Sheet, for applicants between 14 and 79 years of age;
  • Approval notice for I-140, Immigrant Petition for Alien Worker;
  • Form I-693, Medical Examination, signed and sealed by a designated physician;
  • Form G-28, if you have an attorney representing your case;
  • Form I-765, Application for Employment Authorization (EAD), optional but recommended;
  • Form I-131, Application for Travel Document (Advance Parole - AP), optional but recommended;
  • Form I-864, Affidavit of Support, if applicable;
  • Passport photos, 2"x2" full face color frontal view on a white or off-white background (although USCIS now uses your photos taken during fingerprint appointment);
  • Birth certificate, or other records of your birth (for example, notarized birth documents for Chinese nationals);
  • Passport pages with non-immigrant visas (some immigration lawyers ask for copies of all pages, just to be safe);
  • Arrest and criminal history. Even if no charges were filed, or all charges were dismissed, or any conviction was vacated, sealed, expunged or otherwise removed from your record, they still need to be reported and accompanied with certified documents and court orders. Consult an immigration attorney if you are not sure whether a particular incident was considered an arrest;
  • Form I-134, Affidavit of Support, if you file as a derivative, (this is different from I-864);
  • Employment verification letter from sponsoring employer, on a company letterhead, stating your salary, position and the job is still available;
  • Tax returns for the previous two years;
  • W-2 forms for the previous two years;
  • Recent pay stubs;
  • Degree certificates;
  • All previous EAD's including student practical training;
  • All I-94 cards used to enter the US;
  • All I-20 and I-797 forms, required by some law firms;






<I-485 Instruction>


What Evidence Must You Submit with Form I-485?


The specific evidence you are required to submit with your application may vary depending on the immigrant category you are filing under. Read about each type of evidence below to see if it applies to you; see also the Additional Instructions for more category-specific information. You must submit all evidence requested in these Instructions with your application. If you fail to submit required evidence, USCIS may reject or deny your application for failure to submit requested evidence or supporting documents in accordance with 8 CFR 103.2(b)(1) and these Instructions. Failure to submit all required evidence and documentation when filing Form I-485 may also delay processing of your application and any related applications based on Form I-485, such as Form I-765, Application for Employment Authorization, or Form I-131, Application for Travel Document. If you are unable to submit the required primary evidence (for example, a birth certificate or marriage certificate), you may provide secondary evidence (for example, church or school records) instead if you can explain why the primary evidence is unavailable. If you are unable to submit secondary evidence, you may submit two or more affidavits, sworn to or affirmed by individuals who are not parties to the immigration benefit sought and who have direct personal knowledge of the event and circumstances. You must also explain why primary and secondary evidence are unavailable.



1. Photographs You must submit two recent identical color passport-style photographs of yourself. The photos must have a white to off-white background, be printed on thin paper with a glossy finish, and be unmounted and unretouched. The two recent identical color passport-style photos must be 2 by 2 inches. The photos must be in color with full face, frontal view on a white to off-white background. Head height should measure 1 to 1 3/8 inches from top of hair to bottom of chin, and eye height is between 1 1/8 to 1 3/8 inches from bottom of photo. Your head must be bare unless you are wearing headwear as required by a religious denomination of which you are a member. Using a pencil or felt pen, lightly print your name and A-Number (if any) on the back of the photo. Visit the following DOS website at travel.state.gov/content/passports/english/passports/photos/photo-examples.html for examples. 



2. Government-Issued Identity Document with Photograph All Form I-485 applicants should submit a photocopy of a government-issued identity document that has their photograph. Typically, this will be your passport or similar document, even if the passport is now expired. It can also be any other government-issued identity document such as a driver’s license or military identification document. 



3. Birth Certificate All Form I-485 applicants, except refugees and asylees, must submit a photocopy of their birth certificate issued by the appropriate civil authority from the country of birth. Although refugees and asylees are not required to submit a photocopy of their birth certificate, if the birth certificate is available, refugees and asylees should submit a copy of the birth certificate. USCIS will only accept a long-form birth certificate which lists at least one parent. If your birth certificate is unavailable or does not exist, you must prove its unavailability or nonexistence and provide acceptable alternative evidence of birth. (Refugees and asylees do not need to prove unavailability or nonexistence of their birth certificate.) You can look up your country of birth on the following website, travel.state.gov/content/ visas/english/fees/reciprocity-by-country.html, to see if birth certificates are known to be unavailable or nonexistent in that country. If this resource shows that birth certificates from your country of birth are generally unavailable or nonexistent, you do not need to do anything to prove that your birth certificate is unavailable or nonexistent. If this resource does not show that birth certificates from your country of birth are generally unavailable or nonexistent, you must submit an original document from the relevant governmental authority explaining why your birth record does not exist and indicate whether similar records for the time and place are available. When your birth certificate is not available or does not exist, you must submit other acceptable evidence relating to the facts of your birth, such as church or school records, hospital or medical records, personal affidavits, or similar evidence. 



4. Inspection and Admission or Inspection and Parole Unless applying under INA section 245(i), most Form I-485 applicants must submit photocopies of documentation showing they were inspected by an immigration officer and either admitted or paroled into the United States. The following types of applicants do NOT need to submit documentation of inspection and admission or parole: registry applicants, asylees, VAWA self-petitioners, special immigrant juveniles, T nonimmigrants applying under INA section 245(l), U nonimmigrants applying under INA section 245(m), and individuals born under diplomatic status in the United States. You must establish any claim that you were admitted or paroled into the United States. This evidence must relate to your most recent arrival into the United States. Submit copies of the following documents, if available: A. Passport page with admission or parole stamp (issued by a U.S. immigration officer); B. Passport page with nonimmigrant visa; and Form I-485 Instructions 12/13/17 N Page 10 of 42 C. Form I-94 Arrival-Departure Record (See Form I-94 Arrival-Departure Record in the General Instructions section of these Instructions). If you cannot produce this primary evidence, and DHS has no record of the admission or parole, USCIS will presume that you came into the United States without admission or parole. You may, however, provide secondary evidence (records maintained in the ordinary course of business by any individual or organization other than DHS) to support your claim that you were admitted or paroled. If no secondary evidence is available, you may submit separate written statements, signed under penalty of perjury under United States law, from yourself and from any other individuals who have personal knowledge of the circumstances of your claimed admission or parole. Any statement should explain in detail when and where you came into the United States; what travel documents you had, if any; whether you showed them to the immigration inspector; any questions the immigration inspector asked; and any other details about your claimed admission or parole.



5. Documentation of Your Immigrant Category (see Part 2., Item Numbers 1.a. - 1.g. of Form I-485) All Form I-485 applicants must submit evidence showing that they are eligible for adjustment of status in a particular immigrant category. Filing as a Beneficiary of an Immigrant Petition If you are filing as a beneficiary of an immigrant petition, you generally must submit a photocopy of Form I-797, Approval Notice, for your petition (or the principal applicant’s petition, if you are a derivative applicant), as appropriate. If you are filing as a principal applicant and your immigrant category allows you to file Form I-485 before your petition is approved, you may submit your Form I-485 together with: A. Your immigrant petition; or B. A photocopy of Form I-797, Receipt Notice, for your immigrant petition. If you are filing as a derivative applicant based on the principal applicant’s petition, you may submit your Form I-485 together with a photocopy of: A. Form I-797, Approval or Receipt Notice, for the principal applicant’s immigrant petition (if applicable); and B. Form I-797, Approval or Receipt Notice, for the principal applicant’s Form I-485 (if applicable) or a copy of the principal applicant’s Form I-551 (Green Card) (if applicable). Filing Your Form I-485 Based on a Category That Does Not Require an Underlying Petition If you are filing your Form I-485 based on a category that does not require an underlying immigrant petition, you must submit other documentation. See the Additional Instructions for more category-specific information. 



6. Marriage Certificate and Other Proof of Relationship If you are filing Form I-485 as the derivative applicant spouse of the principal applicant, you generally must submit a photocopy of your marriage certificate issued by the appropriate civil authority where the marriage took place. Refugee derivative applicant spouses do not need to submit a photocopy of the marriage certificate. There are also some immigrant categories that require the principal applicant to submit a marriage certificate (for example, K-1 nonimmigrants (person admitted to the United States as a fiancé(e)), abused spouses and children under the Cuban Adjustment Act (CAA), Haitian Refugee Immigration Fairness Act (HRIFA) dependents, and abused spouses and children under HRIFA). See the Additional Instructions for more category-specific information. If either party to this marriage was previously married, you must also submit evidence to prove the legal termination of any prior marriages, typically a divorce certificate or death certificate. If a required marriage certificate (or divorce certificate or death certificate) is unavailable or does not exist, you must demonstrate its unavailability/nonexistence and provide other acceptable evidence as explained above for birth certificates. Form I-485 Instructions 12/13/17 N Page 11 of 42 If you are filing as the derivative applicant child of the principal applicant and your birth certificate does not show that the principal applicant is your parent, you must submit a photocopy of your parents’ marriage certificate, your adoption certificate, or other proof of your parent-child relationship with the principal applicant. Refugee derivative applicant children, however, do not need to submit proof of the parent-child relationship with the principal applicant. 



7. Evidence of Continuously Maintaining a Lawful Status Since Arrival in the United States Anyone applying under the following immigrant categories must submit evidence to show they have continuously maintained lawful immigration status while in the United States and are therefore not barred from adjustment by INA section 245(c)(2): applicants applying under a family-based preference category or an employment-based preference category; special immigrant religious workers, Afghan or Iraqi nationals, and international broadcasters; and selectees under the Diversity Visa Lottery program. Acceptable evidence may include, but is not limited to, copies of the following documents: A. Form I-797 approval notices for all extensions and changes of nonimmigrant status; B. Form I-94 Arrival-Departure Record, including printouts of paperless I-94 admissions; C. Form I-20, Certificate of Eligibility for Nonimmigrant (F-1) Student Status - For Academic and Language Students, or Form I-20, Certificate of Eligibility for Nonimmigrant (M-1) Student Status - For Vocational Students, including all pages containing notations by authorized school officials; D. Form DS-2019 (formerly IAP 66), Certificate of Eligibility for Exchange Visitor (J-1) Status, including all pages containing notations by authorized exchange visitor program officials; or E. Passport page with an admission or parole stamp (issued by a U.S. immigration officer). Include evidence for every time you entered the United States and for the time periods spent in the United States. See the Additional Instructions for information on whether your specific immigrant category requires this evidence. If you are applying as an employment-based first preference, second preference, or third preference applicant or as a fourth preference special immigrant religious worker and you believe you are exempted from this bar by INA section 245(k), you should submit evidence to prove you qualify for this exemption. For more information, see www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-status. 



8. Affidavit of Support/Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j) (Supplement J) A. Affidavit of Support Submit an Affidavit of Support (Form I-864) if your Form I-485 is based on your entry as a fiancé(e), a relative visa petition (Form I-130) filed by your relative, or an employment-based visa petition (Form I-140) related to a business that is five percent or more owned by your family. B. Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j) (Supplement J) If your Form I-485 is related to an employment based visa petition (Form I-140) filed in an employment-based immigrant visa category that requires a job offer, and you are filing Form I-485 after the employer filed the Form I-140 on your behalf, you must file Form I-485 Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability under INA Section 204(j) (Supplement J), together with your Form I-485. For more information about this requirement, please read the instructions to Supplement J. If you are filing Form I-485 together with a Form I-140 filed on your behalf, you do not need to file Supplement J at this time. At any time during the adjudication process, USCIS may request that you file Supplement J. Form I-485 Instructions 12/13/17 N Page 12 of 42 NOTE: Individuals seeking or granted a National Interest Waiver of the job offer requirement and individuals seeking or granted classification as an alien of extraordinary ability under INA section 203(b)(1)(A) do not need to file Supplement J. Because these employment-based immigrant visa categories are not tied to a specific job offer, individuals seeking or granted classification as an alien of extraordinary ability, or seeking or granted a National Interest Waiver of the job offer requirement, do not have to file Supplement J when filing Form I-485 or to request job portability under INA section 204(j). If you filed Form I-140 as a self-petitioner, you must intend to work in the occupational field specified in the Form I-140. You must provide a signed statement confirming this intent, unless you are filing Form I-485 together with your Form I-140. Job Portability. If you properly filed Form I-485 and it remains pending with USCIS for 180 days or more after filing, you may be eligible to “port” to a job other than the one offered in the Form I-140. The new job offer must be for a permanent, full-time position in the same or similar occupational classification as the job offered in the Form I-140 that is the basis of your Form I-485. You must file Supplement J in order to request such job portability. For more information, please read the instructions to Supplement J. You may also visit the USCIS website at www.uscis.gov. 



9. Evidence of Financial Support In general, you must demonstrate that you are not likely to become a public charge. This means you must show that you will be able to financially support yourself as a lawful permanent resident living indefinitely in the United States. Generally, all immediate relative and family-based adjustment applicants (beneficiaries of Form I-129F, Petition for Alien Fiancé(e), and Form I-130, Petition for Alien Relative) must have a Form I-864. Some employmentbased applicants must also have a Form I-864, Affidavit of Support Under Section 213A of the Act (whether they are beneficiaries of a Form I-140, Immigrant Petition for Alien Worker, or a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, if filed in relation to certain employment-based immigrant visa classifications). See the Instructions for Form I-864 to determine when Form I-864 is required and whether an exemption may be available. If you are exempt from the Affidavit of Support requirement, you may need to file Form I-864W, Intending Immigrant’s Affidavit of Support Exemption. For more information about Form I-864 requirements, visit www.uscis.gov/i-864. For more information about the Form I-864W, visit www.uscis.gov/i-864w. For more information on how receiving public benefits may impact how USCIS determines if you are likely to become a public charge, visit www.uscis.gov. 



10. Report of Medical Examination and Vaccination Record (Form I-693) Form I-485 applicants for adjustment of status are required to have a medical examination to show that they are free from health conditions that would make them inadmissible. This does not apply to registry applicants and individuals born under diplomatic immunity in the United States. If you are filing Form I-485 under the nonimmigrant fiancé(e), asylee, or refugee category, see the Form I-693, Report of Medical Examination and Vaccination Record, Instructions for more information on whether you need to submit the full Form I-693 or only certain parts because you already had a medical examination overseas. Only a USCIS designated civil surgeon can perform this medical examination in the United States. The civil surgeon must document the results of your medical examination on Form I-693. For more information on the medical examination, see the Form I-693 Instructions. You are NOT required to submit Form I-693 at the time you file your adjustment application, but may do so if you wish. Because of the time-limited validity of Form I-693, you may choose to submit your Form I-693 after you file your Form I-485. You may also submit Form I-693 in person at an interview in a USCIS field office, if an interview is required. By waiting to submit Form I-693, you may avoid having to repeat the immigration medical examination. For more information about Form I-693 requirements, visit www.uscis.gov/i-693. Form I-485 Instructions 12/13/17 N Page 13 of 42 (*from internet blogs, usually medical examination expiration is 1 year)



11. Certified Police and Court Records of Criminal Charges, Arrests, or Convictions You must submit certified police and court records for any criminal charges, arrests, or convictions you may have. A. If you were EVER arrested or detained by a law enforcement officer for any reason anywhere in the world, including the United States, and no criminal charges were filed, you must submit: (1) An original or certified copy of the complete arrest report; and (2) Either an official statement by the arresting or detaining agency or prosecutor’s office OR an applicable court order that indicates the final disposition of your arrest or detention; B. If you were EVER charged for any reason (even if you were not arrested) anywhere in the world, including the United States, you must submit: (1) An original or certified copy of the complete arrest report; and (2) Certified copies of BOTH the indictment, information, or other formal charging document AND the final disposition of each charge (for example, a dismissal order or acquittal order); C. If you were EVER convicted or placed in an alternative sentencing or rehabilitative program (such as probation, drug treatment, deferred adjudication, or community service program) anywhere in the world, including the United States, you must submit: (1) An original or certified copy of the complete arrest report; (2) Certified copies of the following: the indictment, information, or other formal charging document; any plea agreement, whether in the form of a court filing or recording in a hearing transcript; and the final disposition for each incident (for example, conviction record, deferred adjudication order, probation order); and (3) Either an original or certified copy of your probation or parole record showing that you completed the mandated sentence, conditions set for the deferred adjudication, or rehabilitative program OR documentation showing that you completed the alternative sentencing or rehabilitative program; or D. If you EVER had any arrest or conviction vacated, set aside, sealed, expunged, or otherwise removed from your record anywhere in the world, you must submit: (1) An original or certified copy of the complete arrest report; the indictment, information, or other formal charging document; any plea agreement, whether in the form of a court filing or recording in a hearing transcript; and the final disposition for each incident (for example, conviction record, deferred adjudication order, probation order); and (2) A certified copy of the court order vacating, setting aside, sealing, expunging, or otherwise removing the arrest or conviction. You must disclose all arrests and charges, even if the arrest occurred when you were a minor. An adjudication of juvenile delinquency is not a “conviction” under U.S. immigration law, but a juvenile can be charged as an adult for an offense committed while a juvenile. If you were convicted as an adult, there is a conviction, regardless of whether you were tried before a criminal court or a juvenile court. An adjudication of juvenile delinquency could also be relevant to the exercise of discretion. If you claim that an arrest resulted in adjudication of delinquency, and not in a conviction, you must submit a copy of the court document that establishes this fact. In general, you do not need to submit documentation relating to traffic fines and incidents that did not involve an actual physical arrest if the penalty was only a fine of less than $500 or points on your driver’s license. However, you must submit such documentation if the traffic incident resulted in criminal charges or involved alcohol, drugs, or injury to a person or property. If you are not able to obtain certified copies of any court disposition relating to Items 11.A. - 11.D., please submit: A. An explanation of why the documents are not available, including (if possible) a certificate from the custodian of the documents explaining why the documents are not available; B. Any secondary evidence that shows the disposition of the case; or Form I-485 Instructions 12/13/17 N Page 14 of 42 C. If secondary evidence is also not available, one or more written statements, signed under penalty of perjury under 28 U.S.C. section 1746, by someone who has personal knowledge of the disposition. 



12. Waiver of Inadmissibility If you are inadmissible to the United States based on one or more grounds of inadmissibility outlined in INA section 212(a), you cannot adjust status unless you qualify for a waiver of inadmissibility or other form of relief. Whether or not you qualify for a waiver or other form of relief depends on the grounds of inadmissibility that apply to you and the specific immigrant category you are applying under. If USCIS (or the Immigration Court, if you are in deportation, exclusion, or removal proceedings) determines that none of the grounds of inadmissibility apply to you, then you are admissible to the United States and there is no need for you to file a waiver of inadmissibility or other form of relief. If USCIS (or the Immigration Court, if you are in deportation, exclusion, or removal proceedings) determines that a ground of inadmissibility does apply to you, you may need to seek a waiver or other form of relief that would eliminate the inadmissibility. You can learn more about waivers and other forms of relief by reading the Instructions for Form I-601, Application for Waiver of Grounds of Inadmissibility, at www.uscis.gov/I-601, and Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal, at www.uscis.gov/I-212. Refugee and asylee applicants for adjustment of status should also see Form I-602, Application by Refugee for Waiver of Grounds of Excludability, at www.uscis.gov/I-602. 



13. Documentation Regarding J-1 or J-2 Exchange Visitor Status If you previously held or currently hold J-1 (principal) or J-2 (dependent) nonimmigrant exchange visitor status, you must submit copies of all relevant Forms IAP-66 and/or Forms DS-2019, Certificate of Eligibility for Exchange Visitor (J-1) Status, ever issued to you (if available). You must also submit copies of all available J-1 or J-2 nonimmigrant visas issued to you, and copies of all available Form I-94 and passport pages with entry stamps showing your admission to the United States in J-1 or J-2 status. In addition, if your J status made you subject to the 2-year foreign residence requirement of INA section 212(e), you must submit documentation to show that you complied with the foreign residence requirement, have been granted a waiver of the requirement before filing Form I-485, or were issued a favorable waiver recommendation letter from DOS before filing Form I-485. You can show you complied with the requirement by submitting evidence to prove you resided in the appropriate home country for at least two years since your exchange visitor program ended. For information about waiver of the requirement, see the Instructions for Form I-612, Application for Waiver of the Foreign Residence Requirement. 14. Waiver of Diplomatic Rights, Privileges, Exemptions, and Immunities If you currently hold A, G, or E nonimmigrant status and you enjoy certain diplomatic privileges and immunities as a result of that status, you must submit Form I-508, Application for Waiver of Rights, Privileges, Exemptions and Immunities (and Form I-508F for French nationals) with your Form I-485. In addition, if you have A, G, or NATO nonimmigrant status, you must file Form I-566, Interagency Record of Request - A, G or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G or NATO Status, with your Form I-485.

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