Three Myths the Adjustment of Status Process
In reading some of the online immigration forums, we have noticed that there are a few myths on the internet about the adjustment of status, also known as the Green Card process. We hope this post helps to clear up any confusion you have about the process of getting your Green Card.
Myth # 1
USCIS must make a decision on your Green Card application (Form I-485) within 180 days after your interview.
There is no time limit on when USCIS must make a decision after an interview on an adjustment of status case. In fact, not all Form I-485 adjudications require an interview. This misconception may arise from the fact that USCIS has up to 120 days from the date of an applicant’s naturalization interview - not an interview for adjustment of status - to make a final decision on the applicant’s Form N-400. Even though there is no time limit to make a decision on an application for a Green Card, USCIS strives to adjudicate these cases within four months.
Myth # 2
You will get a decision on your Green Card application at the interview.
Often an applicant will not receive a decision on his or her adjustment of status application at the interview. Sometimes the Immigration Services Officer needs additional time to review a case and cannot provide the applicant with an immediate decision. This is especially true if additional information is requested at an interview or if additional documents are submitted at the time of the interview. There are a number of other reasons why a decision cannot be made at the interview, such as having to wait for a visa number to become available, or the need to complete security checks.
Myth # 3
In marriage-based adjustment of status cases, a wife must take her husband’s last name.
A married woman may choose a legal married name (take her husband’s surname), a legal pre-marriage name (keep her maiden name), or any form of either (for example, hyphenated name, maiden name and husband’s surname). USCIS does not require a female applicant to take her husband’s last name.
If permitted by law, a man can also take his wife’s surname, adopt a hyphenated combination of his name and his wife’s surname, or the couple may choose a hybrid of their surnames.
Do you still have questions about the Green Card application process that aren’t specific to your case? Ask your question below in the comments!
Labels: Green Card
posted by USCIS Blog Team @ 2:02 PM
58 Comments
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58 Comments:
this still does not explains why USCIS, takes so long to process a green card I have been waiting for 17 years and according with the last letter I received I was approved and 17 years later Iam still waiing for my green card, can someone tell me what I can do
Just went to my interview and the ISO needed more papers to support my application which I submitted that day also. So I wonder when I can get or receive a approval? Thanks.
How long is taking to process transferred processes to California, I-485 by family based? My case was transferred for California Center for a faster processing since December. My friend who wasn't transferred, had an interview and got her green card in 3 months. It's really a problem, because I wanted to apply for college but my k-1 visa is expired.
Dear USCIS, I want to know more about PIP ( perole in place) for military spouses?! Thank you
Thank you for clarifying Myth #1, many people have told me this and I did not know it was not true.
Couple of Questions & Suggestions
Question: -
So why the case once clears the process but does not get the final approval.
"Pre-Adjucated" which is a common term based on USCIS Status published online for each service center. Why USCIS cannot put that step online when someone lookup the case number.
Question/Suggestion ( not Sure): -
Also Why it is so difficult to put the applications into the queue based on priority date ( FIFO) when issuing the GC.
Also provide the Queue number to each applicant online ( which everyone agrees that it would be dynamic number) due to porting and other causes.
It will result in removal of all the questions and frustrations.
(C) Suggestion
We know that EB1C category is used heavily all the sudden. Does ICE ever made is mandatory to make the SITE VISIT to these cases? It will bring the true story out.
(D) Site Audit Mandatory for all the Porting Cases.
Would you be able to comment on pre adjudication as well? Is that something that the USCIS actively takes care of or is that a Myth? Do officers complete the process and wait for the visas to be available/dates to get current to "officially" approve an application?
When is USCIS and/or DOS going to have reasonably accurate understanding of demand data in the employment based categories, so as to accurately predict the adjudication timeline for applications that have already been filed?
I am talking about the plight of people who have been waiting from 5-10 years in the legal line to obtain permanent residency. Even if no new adjustment of status applications are filed in the EB2 and EB3 India and China categories, when should the pending applicants expect to receive their permanent residency?
First, thanks for this effort, really appreciated.
My question goes for the Employment Based categories that require sponsorship.
The great myth is: how log should the Green Card holder work for the sponsoring employee, after receiving the Green Card?
It would be great if some criteria is clearly defined by USCIS, so everyone can ensure to follow it when considering switching jobs, without putting in risk, the hardly earned benefit of permanent residency in the US.
The congress/USCIS made clear the individual can switch jobs "before" the I-485 approval, as long all the AC21 criteria are met. What about on the cases the permanent residency is already granted? Is the individual free to switch jobs? Does he/she has to follow any specific criteria?
Thanks again.
If I made a petition for my mother (I-485) we are required for an interview? Also she has her I-94 but she lost her passport with visa Number (Visitor B1) , where can I found that information or can I leave it in blank on the application? Thanks
Thank you for this helpful post.
Myth 1. It is possible the Aytes memo of February 2008 regarding a time limit for police checks may be misunderstood, creating an impression that green card issuance should take no more than 180 days. See,
http://www.uscis.gov/files/pressrelease/DOC017.PDF
Allan
www.1-800-usa-immigration.com
Does USCIS send a notice after adjudication is completed even when visa number is unavailable?
I filed I130 for my mother and the case status shows USCIS received it on 10/21/2011. Nothing heard ever since. Where or who should I call to follow up since the estimated processing time is 5 months and it's been 7 months already. Please help.... Thank you.
Myth#2 arises because of visa issuance at interview
why does business visa get premium processing and not family visa? i do not understand why uscis is undermining the family values in america.
How does the green card application differ from other countries for example India
I would like to have some information about the new law regarding the
Amount of time that an illegal spouse would have to spend outside of USA in order to obtain the green card?! I heard that this new law will cut the usually time that the spouse would have to spend outside of USA, instead of months or even years the process would take a couple weeks. I would like to know if this is true? If
The USCIS approved the new law?
Thanks
Hi
anybody can help my problem?first of all i'm a conditional green card holder!2nd all my biographic card i use my middle name when im single!3rd when I apply my philippne passport the embassy said that under the philippne law i cant use may middle name when im single instead use my maiden name as a middle name. now my problem is how can i change my name so that all my biographic card are they same to my passport.special my green card.please help me.
Thank you.
Thanks for an opprotunity to address Green Card process myths. I wanted to find out how possible it is after applying for a family based I485 petition since July 2008 with my siblings together and yet I have not received my Green card and they have received theirs. I have done two biometrics over the course of four years (the last one was march last year). I recently contacted USCIS by phone and they returned my service request saying "Although our systems show a pending I485 petition there is not a form I485 in this office" and that's referring to the Texas Service Center. I have had 3 info pass appointments in my local office (Baltimore) where I have been told the form is in Texas and then when I call the customer service someone will tell me the form is in Baltimore. There have been series of inconsistencies with my case and I really don't know whom to believe... Please respond to this post or address it during your online webcasts. Thanks.
This is all mute point when people have been waiting 10+ plus years for a green card number. The government needs to increase the number of available visa numbers; especially for sibling sponsorship. People can't get on with their lives and can't do anything about it. The whole process is rediculous when someone has to wait soooooo long. The last major overhaul of immigration laws was back when Martin Luther King Jr. was alive... really? It's time for a big change!
Why is the EB3 category have the professionals, skilled workers and unskilled works bunched together? Should not there be separate categories for these different skill levels? It is not justified when USCIS has eb1 specifically for PhDs, scientists, and executives, eb2 for advanced degree holders all of whom have a category of their own. But EB3 does not have it that way. There is a mix of degrees holders as well as non degree holders and this is not fair. The professionals are suffering since you also have others in EB3 competing for visas. Why this discrimination?
Wow EB3 for India is still 22-Sep-2002. A lot of people with their I-140s approved are unable to apply for EAD as it is too back dated for EB3 or Unavailable as in EB2.
And today Obama Administration has decided to give Work Permits to 800,000 Illegal immigrants. Wow! Can you beleive that.
Serves people(suckers) right for entering the country legally, paying for VISAs, renewals, EAD fees, APs and doing everything right and patiently only to find that it would have been smoother if y had been here illegally.
What a country! What immigration policy! I am surprised that as of 7PM EST today it is still not in the blog yet.
Hi is there anyone here that can help me to explain why my green card doesn't arrive yet. It's been 3 months after the interview and still no decision is made. Is it because something is wrong with my application and a possible of denial?
That is not correct, it took me 2 years sharp to have my green card, just to finish what is called FBI name check.
And now, I am stuck again for almost 1yr and half for my N400 application, I still did not go for an interview lol
on top of all there is no way to know what is your application status, like where is it now and how much have been done and so on, they have just a generic answer lol for years
I think the USCIS should inform applicants of their true status at USCIS. Is the case being truly worked on or sitting on someones desk waiting for some bureaucrat to rubber stamp it.
A better solution would be to have a queue for each form. For example.... I-129F has 30,000 applicants, you are number 29,999, your wait time is eternity.
After getting married and filing for adjustment of status, do you file the I-485 in your spouse's married name? or maiden name, as in the fiance visa?
Hi I filled in my petition for permanent residence
Iam English and my husband is a us citizen
How long will it take to receive notice and my code
Thanks
Hi, I was wondering if someone can advise me. The school board I was working for has been debarred for two years because of fraud and they ahd to lay off all the international teachers. I had been with them for 9 years on H1 B visa and my priority date became current 5 months after I was terminated. I did find another agency to apply for an H1B extension, but it has been denied. I also applied for an adjustment of status but could not get a letter from the previous employer because of the debarrment. I do have a work permit now. The new job has also sent in a motion to reopen the case for the H1B. I feel trapped and I don't know what next to do. Should I work on my work permit while I wait to see if I485 will be approved?
Can my I485 application still be approved if my employer has been debarred for 2 years?
It's been 9months, no green card yet :(
K1-AOS
Hi,
I applied my I-485 after getting married using my husband name & now I am applying for I-131.
What name should I used Married name or Maiden mane?
If i will used my Married name with the form I-131 and it was approved, can i still use my Passport with maiden name? Will the immigration let me enter USA using this documents?
Changing the passport to married name will take 3 months and its not quite late for the travel date.
How many I 485 applications of the parents of a US citizen are on average processed at California application process center ....as this category has no quota and therefore no waiting list
Hi,I wanted to know that if i am marrying a green card holder residing in one state and me in a different one, what is the minimum time for both of us to move in together after our marriage n fulfillment of our commitments in our respective states....????
Hi,
I applied for I-485 in Dec in EB2 Employment based GC. Also included my wife's application with that. We both received finger print appointments together. The I received my green card in a month in March 2012. But we are still waiting for my wife's green card. USCIS has not responded for multiple enquiries with call center. Do you know why this delay could be?
I apply for citizenship after 5years with the green card I pass my test and I was waiting for my oath ceremony after one month DHS send me a letter saying I didn't summit a letter 5years ago that they need so according to them I don't have a recidence can they do that?
You all should direct your questions to uscis. Not sure anyone can answer them here. For those who have waited 10 plus years...you need to file a lawsuit against uscis or better still higher an immigration attorney immediately! Only a qualified attorney can answer your questions here!
I had my I-485 interview yesterday. He asked for a document, which I provided, then ran through some questions. After half an hour or so he said "this looks approveable" and that I would hear within 15-30 days. Is this usual?
Can anyone explain why the published EB processing times at CSC are so much longer than the processing goal of 4 months (shown 55 months until June 2012 update, now 'only' 17 months. Yet if you look at the volumes processed they are consistently 2-4 times receipts
I have not been working any job these last couple years. My son supports me. Will this factor effect the result of my greencard application?
i would like to ask.. i am about to apply for the i-485 and my husband is my sponsor.. he just got laid off from his job.. does this mean that they will give me more problems to get my green card?wat are my chances?
i wanna know my status but my receipt number us not accepted by the system, can you help me, my number is 1200017240
Applied in January 2011, had my interview in Nov 2011 but I forgot to bring my passport at the interview. The officer told me that my case was approvable but haven't gotten a documented response yet. I called them in May and they require 6 more months. I hope that's not bad news.:( Hope I am not one of those unluky ones who need to wait for 10 yrs to get their green card. I check my case at least 5 times a day. So worried.
hi, i file my adjustment of status for green card last january i done my biometric but never chance to have interview yet and my papers transferred to california now how long it takes they will have decesion my papers?
@ Comment from "July 29, 2012 12:47:00 AM EDT", your receipt number always starts with three letters like 'SRC0011223344'. Take a look at your i797 form and recheck your receipt number. Also, you don't need to call the service line for it. You can just create an account with uscis.gov and add your case to your portfolio. You can also sign up for email and mobile alert for any update on your case. Good luck!!!
HI, i about to apply form i-130 & I-485. I would like to know if i should use my maiden name or my married name. I do not have any document or ID with the my married name, the only thing i have is the marriage license but it has my maiden name.
What if in the 2 years with the conditional greencard the couple gets a divorce and the foreigner decides not to try and apply for a unconditional greencard and go back to the home-country - how will that persons future entry for in to the US again look and how will this affect this person visa?
Thanks for the post it goes someway to demystify the process, however, would still like the green card lottery abolished and replaced with a system that grants them purely on the merits of the applicant and how much the country needs their skills and experience.
Very good website full of interesting content and comments. Thanks for your efforts.
This is an excellent point. They say check your status but when you submit the receipt # its just a general statement you get. It's very frustrating.
USCIS requires wives to take their husband’s last name in marriage-based green card cases. Married women may take their husband’s surname, keep their maiden name, or hyphenate their last name. A wife is not required to change her name to that of her husband.
regarding filing for green card with married name: i intend to take my husband's name, but have all my documents, passport, visa etc. with my maiden name. when filing, i would like to already file with the new name, but don't want to wait until i have all my new german documents ready with the new name.
does this constitute a problem?
thank you
Hi. I have been waiting for a number visa to file my I-485. All other process previous are approved. I'm under EB3 category. What happens if I decide to leave the country? Do I loose the process?
What are my options besides waiting?
Thank you
A Laful Permanent of the United States marries an F-1 Student. Can a Lawful Permanent of the United States file an I-130 for husband/wife for adjustment of status, even if the F-1 student discontinues his/her nonimmigrant status? What if the F-1 Student continues his/her nonimmigrant status?
I have currently filed for a green card via my daughter, who is a US citizen. My daughter has currently listed herself as our sponsor. Since my daughter is my sponsor, do I have to live with her, or am I allowed to move?
I would appreciate any help you could provide me.
Thank you.
is every applicant required to take a medical exam?
i was born and lived in Trinida all my life, recently married and my husband wants to file for me. before attending school, that is before age 5 all citizens of Trinidad andTobago are required to me properly immunised by law, i was immunised obviously because i went to school there but my immunization record is not computerised and has been misplaced years ago. what am i to do?
I am a us citizen, my mother is a lpr. She has travelled outside the us to see my grandma who is 96 years old, my mom is 71. She needs to stay more than 6 month but less than a year. Can she loose her status, my dad is here in the us and they are stilled married and living together. They are both retired and have their ss pension.
USCIS after the interview sent me a RFE. I sent all the documents required on may 2012. This is the time
(jan 2013 ) I haven't received an answer from them!
it means they will they 2 or 3 yrs?
Does USCIS has intern lawyers who can help me file my I-751 by myself? I dont have the means to hire a lawyer, at the same time, i dont want to make a mistake on what and how to file. I have minor that has a conditional resident status as mine and i was told that when i file to remove the condition on my status, i can tag her along so she doesn't have to file by herself and she can have the same status as mine.
Would greatly appreciate your comment.
Thank you.
Liza Nakamura
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