The U.S. Citizenship and Immigration Services (USCIS) has posted guidance for moving the underlying basis of a pending adjustment of status (AOS) application (form I-485). This process, more commonly referred to as interfiling requests, is the method I-485 candidates use to “update” or “downgrade” between the different immigrant visa categories (e.g., EB3-to-EB2).
Requirements to Qualify for Interfiling Requests
There are four requirements that ALL should be met for an I-485 candidate’s interfiling request to be allowed:
- The I-485 candidate should have continuously maintained eligibility for AOS.
- The candidate’s I-485 filed based on the original form I-140 must still be pending.
- The candidate is eligible for the new immigrant category.
- There should be an immigrant visa quickly available in the new immigrant category (i.e., the category should be current, generally based on the I-140 priority date and the candidate’s nation of birth).
Process for Submitting the Interfiling Request
The USCIS has created a new point to contact to handle interfiling requests made before the finish of the current fiscal year (i.e., 30th September 2022) for employment-based cases. All such requests should be submitted in writing, along with a Form I-485 supplement J, to the following address:
- Attn: I-485 Supp J
- U.S. Department of Homeland Security
- USCIS Western Forms Center
- 10 Application Way
- Montclair, CA 91763-1350
The USCIS noticed that if a candidate previously has sent an interfiling request to the USCIS. The candidate should not send one more request to this new address. Further, the USCIS explains that no supplement J is required if the candidate is requesting to interfile based on an I-140 that has not yet been approved.
USCIS Process After Request Received
The USCIS does not give a receipt or written notice to the candidate based on the submission of an interfiling request. However, the USCIS will give a receipt notice for filing the I-485 supplement J. Assuming one is included with the interfiling request.
Moreover, the interfiling process can be confusing. I-485 candidates who have questions about the process are welcome to schedule a consultation.