Assuming that the foreign individual entered the United States on a non-immigrant visa (i.e. H-1B visa) and is currently in the United States legally, s/he can file an application for permanent residence. In order to initiate the permanent residence process, the foreign individual files applications as detailed below.
The following is a sample list of the documentation required by the USCIS.
- Copy of USCIS Notice of Action (Form I-797B) approving the immigrant petition (Form I-140).
- Letter from U.S. employer confirming full time, permanent position established in Immigrant Petition (if a U.S. employer is required).
- Copy of Visa Bulletin confirming availability of employment based immigrant visa number;
- Original Application to Register Permanent Residence or Adjust Status (Form I-485) with filing fee ($1070). Learn more about permanent residence fees here.
- Original Application for Employment Authorization (Form I-765).
- Original Application for Travel Document (Form I-131).
- Original Biographic Information Sheet (Form G-325A).
- Six (6) color photographs (dimension of 2”x2”).
- Copy of divorce and/or death certificate(s) of any previous spouse(s) (if applicable).
- Copy of marriage certificate (if applicable).
- Copy of birth certificate.
- Copy of passport.
- Copy of Arrival/Departure Record (form I-94).
- Sealed medical examination.
*All foreign language documents must be accompanied by a certified English translation.
**Foreign individual’s spouse and/or children must provide similar applications and documentation.
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