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What You Need To Prepare For Filing An Aos Application

Discussion in 'General immigration questions' started by Ron Gotcher, Nov 10, 2014.

  1. Ron Gotcher

    Ron Gotcher Attorney at Law

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    With the substantial likelihood that we will see administrative relief before the end of this year, this is a good time to review what people need in the way of supporting documents in order to make a final green card application.

    For detailed information as to how to get country specific documents, such as birth and marriage records, go to this page http://travel.state.gov/content/visas/english/fees/reciprocity-by-country.html and enter the name of the country in the box. On the page that comes up, scroll down to the documents section and you will find all of the documents listed there.

    At a minimum, for EB adjustment of status, you will need the following documentation:
    • Your birth record
    • A complete copy of your passport
    • Your I-94
    • Proof that you have maintained status since your last lawful entry
    • Proof that you have a continuing job offer in the same position and with the same company shown in your PERM
    If you are married, then you need a copy of your marriage certificate and your spouse will need all of the same documents (except the last, above).

    If you have children, you will need to produce copies of their birth certificates, no matter where they were born. If they are applying for AOS, they will need the same documents as your spouse.

    Get these documents ready now. They will not "expire" as time passes (other than the passport copy and proof of employment) and if you aren't able to file now, you will need them later when you do file. Later, when you file, you will also need photos and medical exam results, but hold off on those until you know that you are actually are going to file. Remember, you should have about three weeks of warning between the time the Visa Bulletin comes out and the first day that you can file.
     
  2. groot

    groot Member

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    Ron, Thanks a lot for the document list. Got question as below:

    Birth record:
    I have a birth certificate but it does not have name (yes, in India they might not name the babies as long as 6 months!!), but has all other details. I went through the country specific document instruction and found below:

    "Such an affidavit, when a birth certificate is unavailable, should be accompanied by a document from a competent governmental authority confirming that the certificate does not exist, or no longer exists."

    Q1: I understand i can get an affidavit from my parents, is there a sample template with mandatory details that can be used?

    Q2: Since it is an affidavit should I wait until it becomes possible to file AOS or can i get it now?

    Q3: In above statement it says when birth cert is unavailable affidavit should be accompanied with document from govt authority, but as i have the birth certificate but missing name I would just need the affidavit from my parents and do not need the additional document is this understanding correct?

    Thanks, appreciate your help.
     
  3. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Good questions. There is a difference between no record and an incomplete record. When there is no record, you need to first establish that fact and then get secondary evidence to prove the circumstances of your birth. When there is an incomplete record, you submit it along with affidavits that fill in the missing information.

    Go ahead and get the documents now, they aren't going to "expire." Since the circumstances of your birth aren't going to change in the future, the documents will be just as valid then as now.
     
  4. groot

    groot Member

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    Thanks Ron..
     
  5. groot

    groot Member

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    Ron, when going through documents section for India found below item:

    Police Records
    Indian Police Clearance Certificates should be obtained as follows:

    • All Indian IV applicants aged 16 and above, residing in India, should obtain police certificates from the local Passport Office.
    • Indian passport holders applying for visas outside India should obtain a statement from their local Indian embassy, consulate, High Commission, or Deputy High Commission confirming they have no criminal record.
    • Non-Indian IV applicants residing in India should obtain police certificates from the District Police Station serving their area of residence.
    • Indian police certificates are not available for foreign (non-Indian) applicants applying outside India.
    You have not listed this, is it because this is applicable only for Indian applicants? Also people applying for AOS from US would fall under bullet point 2 is that correct? Finally this document it would be ideal to get close to when we apply for AOS is that correct?
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    That is applicable only to people who apply for consular immigrant visa processing. It's not necessary for adjustment of status. If you go with CP, you can get that from the nearest Indian consulate in about two weeks.
     
  7. groot

    groot Member

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    Got it...Thanks...
     
  8. Kris143

    Kris143 Junior Member

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    Ron , I got a question, Does applying for Canadian PR in the past , although I didn't pursue further ( It was never approved) , affect my US Green Card Processing.

    Note : I was never approved Canadian PR.
     
  9. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No. That won't be a problem.
     
  10. Kris143

    Kris143 Junior Member

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    Thanks for the clarification Ron.
     
  11. Aakit2010

    Aakit2010 New Member

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    Hello Ron,

    4 questions:

    1. Are there some specifications for the birth certificate needed for filing Aos.
    2. How long does it normally take to get form I 693. Do you suggest eb2 2010 sep people get started with this now although nothing is announced
    3 can one self file a I 485 or use a different law firm than what his company has?
    4 if there is promotion after filing I 140 but job responsibilities are nearly the same is filing Aos easy?
     
  12. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The birth record must have the applicant's full name, date and place of birth, and parents' names. Medical exam results usually take a few days. You may file on your own or use any lawyer of your choice; the I-485 belongs to you, not your employer. If you don't have the same job as the one in the PERM, you have a problem.
     
  13. gc0328

    gc0328 Junior Member

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    Ron,

    I have original birth certificate, thank goodness my name is spelled correctly when in India ppl right my name in 10 different ways but not what exactly I write it.

    Problem is, my mom's name is missing her first letter. Now I am tempted to fix it but certificate looks very old and if I correct it, it may look like someone fixed it recently. Please advise what my options are: try to get a re-issued certificate or affidavit or (shortcut way) fix it myself? I dont want to get into trouble for nothing. Looking for your advise.

    Thanks
     
  14. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Just get an affidavit. That and the birth certificate are all that you need.
     
  15. avatar

    avatar Junior Member

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    Hi Ron - Is a copy of one's birth certificate sufficient? If not - what does "original" mean in the case of a birth certificate?
     
  16. Ron Gotcher

    Ron Gotcher Attorney at Law

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    "Original" in this case means a copy that has been certified by government officials as an official duplicate of your record.
     
  17. s_gan

    s_gan Super Moderator

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    Ron.

    I have the original birth certificate. The names and addresses are hand written with my name printed as X alias Y.

    Y is the name that shows up in all official documents. Will this be a problem ?

    thanks.
     
  18. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Not as long as it is shown on the birth record.
     
  19. s_gan

    s_gan Super Moderator

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    thanks
     
  20. rohitnar

    rohitnar New Member

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    Hi Ron:

    I have been following your posts closely, thanks for all your inputs.Based on your Special Edition newsletter I have also started gathering the documents required in the wake of the EO. I have an approved PERM and I-140 with a priority date of May-13 in EB3.Since I was expecting my case to take years, I wasn't prepared for AOS but these new developments give me hope. I have some questions.

    1) On I-94. I had to leave the country after 6 years on H1b and wait it out till my I-140 and H1b were approved. So my passport has an 1-94 but that is from a previous entry. I came back in June of this year and as per the new I-94 rules there is no entry in my passport for my latest entry. Your list of documents shows an I-94. So the question is should I get an I-94 record from the CBP website and attach it as proof?

    2) Your list of documents does not include medical checkups. But I have read it on other forums, is that required?

    3) Once I have the required documents notarized, is this going to be an electronic filing or should I mail the documents to USCIS? Is there a link to a page that contains the procedure to apply for AOS that you can point me to?

    4) And is this something I can do myself. or should I be using the services or an attorney to file for AOS?

    Thanks Ron
     

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