Office of the Provost
Obtaining Your Green Card
You have now reached the final stage of the long process to become a U.S. Permanent Resident. The United States Citizenship and Immigration Services has approved UNCG's immigrant petition on your behalf. It is now time for you to submit your application for permanent residency which, if approved, will make you the recipient of a "green card" allowing you to live and work in the U.S. for an indefinite period of time. Alternatively, you may submit your application for permanent residency concurrently with UNCG's immigrant petition on your behalf as long as the appropriate immigrant visa numbers are current (Check Department of State web site for current visa bulletin.
There are two ways to apply for U.S. Permanent Residency. Both require submitting forms and supporting documentation to the U.S. government. In recent years, for those individuals who are already in the U.S. in valid non-immigrant visa status, it has become common to complete this last stage of the residency process from within the United States. This is called an Adjustment of Status. You may also choose to apply for your immigrant status through a U.S. Consulate or Embassy in your home country. This document will provide you with basic information on both processes; however, becasue this process is a personal application, UNCG cannont advise employees on which route to take. UNCG employees contemplating this decision may wish to consult a competent immigration attorney.
- Adjustment of Status to Permanent Resident
- Limitations on Travel
- Employment during the Adjustment of Status Process
- Medical Examination
- Fingerprints
- Proof of Adequate Finances/Affidavit of Support
- USCIS Filing Fees and Associated Costs
- What Forms Will I Actually Have to Submit with My Adjustment Application?
- Obtaining Your Immigrant Visa at a U.S. Embassy or Consulate Abroad
Adjustment of Status to Permanent Resident
If you are currently in the United States and hold valid non-immigrant visa status, you may chose to file an Application for Permanent Residency. This application is filed on Form I-485 and accompanied by numerous other forms and personal documents which constitute an "Application for Adjustment of Status". The completed application is sent to the USCIS Service Center with jurisdiction over the place where you will work, or live (for Greensboro, this is Center is in Texas). The USCIS considers adjustment of status to be a privilege which permits foreign nationals to apply for permanent residency from within the United States thereby avoiding a costly trip to the home country in order to obtain an "immigrant visa" from a U.S. Embassy or Consulate abroad. Therefore, it is reserved for those foreign nationals, and their immediate family members, who have always maintained legal immigration status in the U.S.
However, adjusting status to permanent resident from within the U.S. has its restrictions and drawbacks. For example, recently, the USCIS has been overwhelmed with applications of all types. Staffing levels have not kept up with the numbers of applications which must be reviewed and adjudicated. This has resulted enormous backlogs in the adjudication process. Adjustment of status applications which used to take 3 to 6 months may now require over a year to complete. Nevertheless, for individuals who are in the U.S. in valid non-immigrant visa status and/or who are eligible for work authorization, the convenience of completing this process without returning to the home country may be worth the wait.
Limitations on Travel
If you are in valid H-1B visa status and have a need to travel during the time your adjustment application is pending, you must be in possession of a valid passport visa and carry your original USCIS Form I-797, Receipt Notice for your adjustment application, with you in order to be readmitted to the U.S.
Foreign nationals holding any other non-immigrant visa classification (such as F-1, J-1, TN, O-1, etc.) must apply for permission to travel by filing USCIS Form I-131. Form I-131 can be submitted with an application for adjustment of status or after an I-485 is filed.
Although the USCIS has grown more lenient with granting permission to travel, it is not guaranteed and applicants are advised to plan accordingly. Requests to travel are considered on a case-by-case basis and the applicant must be able to provide evidence that the purpose of travel is necessary for:
- an unexpected family emergency; or,
- a business trip which is of major significance to the applicant or his/her employer which can only be done by the foreign national employee.
Travel outside the U.S. without having valid H-1B status or USCIS permission constitutes an abandonment of your residency application and your application will be consider null and void. Further, you may be denied re-entry to the United States.
For additional information, see Travel Abroad.
Employment during the Adjustment of Status Process
H-1B Visa Holders
Because the H-1B visa carries a "dual intent", UNCG employees
in H-1B visa classification at the time the adjustment application is
submitted to USCIS are permitted to continue employment until the expiration
date of the current H-1B status. If necessary, UNCG may file for an extension
of your H-1B visa classification while your residency application is pending.
All Other Nonimmigrant Visa Holders
UNCG employees in a visa status other than H-1B (F, J, TN, O-1, etc.)
are advised to apply for employment authorization at the time they file
their application for permanent residency regardless of the expiration
date of their current status. To apply for employment authorization, complete
USCIS Form I-765 to ensure that legal immigration status and uninterrupted
employment is maintained throughout the process.
If you obtain permission to travel, you must also apply for employment authorization prior to departure. Immigration regulations state that the non-immigrant visa status of most foreign nationals who re-enter the U.S. after an absence abroad during a pending adjustment application is voided on re-entry. He or she is "paroled" (hence the term advance parole) into the U.S. and issued a new I-94 card.
Under these circumstances, UNCG would be in violation of federal law if it continued to employ such an individual without special employment authorization. You may apply for employment authorization at the same time you apply for permission to travel, or at the time you submit your adjustment application to the USCIS. Family members are also eligible to apply for work authorization at the time they submit an application for adjustment of status.
Please consult the Office of the Provost for more information about employment during pending permanent residency applications.
Medical Examination
All applicants for adjustment of status are required to have a complete medical examination and to submit the results of that medical exam to the USCIS. This medical examination must be performed by a civil surgeon designated by the USCIS. A list of designated USCIS civil surgeons is available on the USCIS web site.
During this physical examination you will be tested for tuberculosis and HIV. You will also be required to present proof of immunization for the following diseases:
- Mumps
- Measles
- Rubella
- Polio
- Tetanus
- Diphtheria Toxoid, Pertussis (DPT)
- Influenza Type B
- Hepatitis B.
If you cannot provide adequate documentation that you have been immunized for these diseases, the USCIS designated civil surgeon is required to vaccinate you. USCIS will not approve your residency application without the necessary immunizations. If you have a valid medical or religious reason why you cannot be vaccinated, the USCIS doctor may grant you a waiver. The USCIS civil surgeon will be able to answer any questions you have about your medical exam or vaccinations. Please be prepared to present evidence of your immunizations (or proof that you have had the disease) at the time of your medical examination.
Fingerprints
All applicants for U.S. residency over the age of 14 are required to be fingerprinted by the USCIS prior to approval of the adjustment application.
Fingerprints are not submitted with your application for residency. You will be notified by USCIS to go to a USCIS fingerprint site. Please read the instructions in your appointment letter carefully, and take it with you to your fingerprint appointment.
Although you will no longer submit fingerprints with your application, you are required to submit a $70.00 fee for each family member over the age of 14. This fee is submitted to USCIS with your residency application - prior to your actual fingerprint appointment
Your application for permanent residency will not be approved until after your fingerprints have been taken by USCIS and transmitted to the Federal Bureau of Investigation (FBI) for a criminal records check. For more information, visit the USCIS web site.
Proof of Adequate Finances/Affidavit of Support
The U.S. Government requires all intending immigrants to provide evidence that they are not likely to become a "public charge" after obtaining residency. UNCG employees should submit a letter from their department verifying current employment status and the salary paid. Also submit copies of current bank statements.
Employees with dependents are required to complete and submit Form I-134, Affidavit of Support, for family members. Your income must equal or exceed 125 percent of the Federal poverty line for your household size to qualify.
USCIS Filing Fees and Associated Costs
There are filing fees associated with all USCIS applications. The current fee for Form I-485 is $930 plus a biometrics fee of $80; the fee total is $1,010. Please check the USCIS website for current fees, as what is listed on a particular form may not be correct.
Fingerprints: There is a $70.00 fee for fingerprints for each family member. This fee must be submitted with your I-485 Application for Permanent Residency.
Medical Examination: You can expect to be charged approximately $350 for each medical examination. If you need immunizations, chest x-rays or other tests, expect additional costs.
Photographs and Miscellaneous Charges: You will need to obtain passport-like photographs for several of these applications. Expect to pay a small fee for the photographs. There are several photo places in Greensboro that do passport-style photographs. Consult the yellow pages of the phone book under photography.
What Forms Will I Actually Have to Submit with My Adjustment Application?
An application for adjustment of status (Form I-485) must be filed for each eligible family member (spouses and minor children). The following is a list of USCIS forms and personal documents which may need to be submitted with your application for adjustment of status depending upon marital status, and family size. All of the following forms may not be necessary- please read form instructions for detailed information. All forms are available on the USCIS Website.
All documents submitted must be in English or accompanied by a certified English translation.
Please note: some items require the Adobe Acrobat PDF Reader, which can be downloaded from the Adobe web site.
- Form I-485, Application to Register Permanent Residence or Adjust Status;
- Form I-765, Application for Work Authorization (also available for electronic filing);
- Form I-131, Application for Travel Document (if requesting permission to travel);
- Form G-325A, Biographical Information;
- Form I-693, Medical Examination Form and accompanying information;
- Form I-134, Affidavit of Support and all required supporting financial documentation (submitted by principal alien for dependents);
- Two identical Color Photographs for each applicant (follow detailed specifications in the I-485 instructions);
- A certified copy of original birth certificates for self and all dependents (with English translation, if necessary);
- A certified copy of your marriage certificate (if applicable, and with English translation);
- Proof of death or legal termination of previous marriages (if applicable);
- Copy of I-94 and passport for each applicant;
- Current Letter of Employment for UNCG employee. Letter should bear a current date, be on department letterhead, signed by your department head. It should verify the position title and salary and state that the position is permanent in nature;
- Original Bank Letter stating when account was opened and the current balance;
- Original USCIS Notice of Approval for an Immigrant Visa (not applicable if filing concurrently with the I-140);
- Copies of all Forms I-797, I-20, and/or DS-2019s issued to you (as proof of maintenance of legal immigration status);
- Original USCIS Notice of Approval of Waiver of Two-Year Residency Requirement (if applicable).
As with all communication with USCIS, we recommend that Applications for Adjustment of Status be sent by certified mail, return receipt. Be sure to retain a copy of everything submitted to USCIS for yourself and each family member.
Obtaining Your Immigrant Visa at a U.S. Embassy or Consulate Abroad
If you are not in the U.S., or if you do not wish to wait a year or more
to immigrate to the U.S. and obtain your green card, you may prefer to
obtain your immigrant visa at a U.S. Embassy or Consulate overseas. For
information about this process visit the National
Visa Processing Center website.