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In recent times, several issues have been frequently raised by the immigration authorities during the adjudication phase of the Green Card Application (I-485). While these may vary from case to case, this article aims to highlight some of the common concerns.
Firstly, one prevalent issue is the requirement for a birth certificate. When submitting the I-485, applicants typically submit basic certificates, family relation certificates, marriage relation certificates, adoption relation certificates, and special adoption certificates, collectively known as the “five civil documents.” However, as there is no exact or similar document to the U.S. birth certificate in Korea, applicants are often asked to resubmit proof of birth despite providing these documents. In such cases, it is advisable to submit the most recently issued basic certificate and family relation certificate, clarifying that these substitute the birth certificate.
Secondly, applicants must demonstrate the legal status enabling them to work, such as holding an employment authorization card, from the time of the Green Card application to the present. While this is not necessary if the applicant has not been working, those who have been employed must prove that they had the proper authorization. Issues may arise if the initial employment card was not renewed due to extensive processing times. However, if the renewal application was submitted before the expiry of the previous card, the applicant is allowed to work legally for 180 days, even if the new card has not yet been issued.
Thirdly, updates to the medical examination (Form I-693) are often requested. Due to prolonged processing times for the I-485, if over a year has passed, updated medical examination results must be submitted. New entries for infectious diseases like syphilis have also been included. The updated forms need to be submitted, and sometimes the examining physician may use outdated forms, necessitating a form update.
Fourthly, there may be requests for color copies of passports or visas. This usually occurs if the initially submitted copies were not clear, warranting a resubmission.
Finally, when the applicant changes employers after submitting the I-485, the I-485J form must be resubmitted, requesting employer changes based on the AC21 law. If only the I-485J is submitted, further documentation may be requested.
By: Attorney Bongseob Moon (NJ, CT, NY Lawyer)
Contact: (203) 974-3939
The above content is intended for informational purposes only and should not be construed as legal advice tailored to specific circumstances. For precise legal counsel, please consult with an attorney.
