Thu. Dec 8th, 2022

We Pave Your Career Path

USCIS Provides Guidance on Submitting Interfiling Requests

2 min read
Interfiling Requests

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.

[The U.S. Takes Actions to Attract STEM Talent]

Moreover, the interfiling process can be confusing. I-485 candidates who have questions about the process are welcome to schedule a consultation.

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © All rights reserved. | Newsphere by AF themes.