Please comment for proposed new I-485 form

[newacct 688]

We are in the comment period for proposed changes to the I-485 form (application for Adjustment of Status), until May 31. You can see the draft of the new version of the main form here. It is very similar to a proposed version that was proposed in March 2015 but which they for some reason didn't adopt. I believe that the changes will be of interest to the VJ community.

Besides being much longer (18 pages instead of 6, though much of it is due to the new, more spread out question format they are using now on all forms), there is a huge section (pages 9-13) asking yes/no questions about basically every single bar or inadmissibility, many of which are not asked about now (right now it is the USCIS's job to figure out which ones apply to you). As many of you know, some of those bars and inadmissibilities, especially the ones on page 13, are very technical and we have long discussions sometimes before we can figure out whether someone has a particular ban or not; an average person filling out this form may not be able to interpret them correctly. Some questions are asked now but changed to be much broader (e.g. Part 8 #27 asks whether you have "ever committed a crime of any kind", instead of just those of moral turpitude). And the questions #14-24 which ask things like have you been denied admission, have you been denied a visa, do you have 2-year home residency requirements, etc. are new questions that are things that they should already have records to, so why do they need you to explain? I have a feeling that the new changes will force many people to say yes and provide "explanation" for things that are not actually relevant to their AOS.

If you have feelings about this, please submit a comment to the government.

[chimichanga 3]

If adopted will it become live on 10/17/2017 when the current I485 expires? The questions are so broad and complicated for the average person to answer that it requires legal assistance which most people cannot afford.

[Transborderwife 4,666]

If adopted will it become live on 10/17/2017 when the current I485 expires? The questions are so broad and complicated for the average person to answer that it requires legal assistance which most people cannot afford.

What questions do you think require legal assistance? I thought that it was fairly straightforward just a bit more intense

[chimichanga 3]

What questions do you think require legal assistance? I thought that it was fairly straightforward just a bit more intense

Example Part 8 question 65. Lying and concealment are voluntary while misrepresenation can be mistaken/involuntary. I had a legal name change before I came to the US. I came on a student's F-1 Visa and forgot to mention my old name in my application. All of my required documents were in my new name anyways. But I want to list it now in the I-485 as it was a mistake and I do not wish to lie. I do not know how to answer Question 65. I am sure I am not the only one and I have only one question. Everyone's immigration story s different.

Anyways the point was why keep reinventing the wheel, as the OP said it requires way more "explanations' for things that USCIS should already have record for.

Edited April 9, 2016 by chimichanga

[Transborderwife 4,666]

In your situation I don't believe that you lied to obtain immigration benefits. I believe that you could answer no truthfully

[chimichanga 3]

It wasn't Immigration benefits but it was a visa for admission into the United States. Either way I did not lie.

[Transborderwife 4,666]

It wasn't Immigration benefits but it was a visa for admission into the United States. Either way I did not lie.

My baddie my sentiments stand though

[chimichanga 3]

Thank you!

[newacct 688]

What questions do you think require legal assistance? I thought that it was fairly straightforward just a bit more intense

For example, Part 8 #73 asks about being unlawfully present in the US for certain periods of time and then departing (which is the 9B ban). However, what counts as unlawful presence is very complex. There is a very long chapter of the AFM that explains how it works in different situations. The sentence below that tries to describe it doesn't even come close.

For example, it does not describe that people only start accruing unlawful presence when staying past the date on their I-94, and now just by falling out of status. It does not describe that people who were admitted for "D/S" (mainly F and J status), as well as Canadian non-controlled nonimmigrants who did not get I-94, do not automatically start accruing unlawful presence on any date no matter how long they stay past the end of their program. (Alternately, unlawful presence also starts accruing after a final order from an immigration judge, or a decision from USCIS in response to you applying for some benefit.)

Also, people under age 18 do not accrue unlawful presence (for the purposes of 9B ban, but not for 9C ban), and people under a grant of deferred action (e.g. DACA) do not accrue unlawful presence. This is not mentioned anywhere. And one also does not accrue unlawful presence while a timely, non-frivolous Extension of Status, Change of Status, Adjustment of Status, or Asylum application is pending (even if later denied). (There are many more exceptions too numerous to list here.) Again, none of these are mentioned.

Part 8 #74a also deals with unlawful presence, so has the same problem.

Part 8 #71 asks whether you have been excluded, deported, or removed from the US. But nowhere it is explained that, for example, someone granted voluntary departure and who complied doesn't count as having been removed.

I guess those questions are the part I have the most issue with in regards to legal complexity.

[Transborderwife 4,666]

My biggest question is always the question of being denied entry. Some say that having a withdrawn application for entry is indeed a denial, others say it's more like "sorry, changed my mind, going home". I have one and had finger print and photo taken, yet no trouble re entering the USA twice after it.

[bash777 0]

i really appreciate this topic...

now im filling 1-485 and i had same problem when i tried to answer part 8 question 14 "  have you been denied admission"

im not sure if i should answer yes or no... 

because i filled visa extension for my b2 visa with form i-539 2 times before, first time it was approved but the second time it got denied.. but i was in usa so there was no new admission after that! coz i was physically here but in overstay status!

 

my question is if you got denied decision for the form i-539 "visa extension" is that considered denied admission or not? so i have to answer question 14 yes or no!

 

thanks!