What Can I Do to Prepare for AOS (Employment-based) Before My Priority Date is Current?
We are asked at times what can be done to prepare for the adjustment of status, even before someone’s priority date becomes current. Following are the documents which will be required from the applicant(s). In some cases, you may wish to wait to gather the document(s) so that it is up-to-date at the time of filing the adjustment of status (for example, if you travel frequently it is best to wait to make a copy of your passport).
- Copy of each applicant’s birth certificate(see below for details)
- A copy of the marriage certificate, if applicable. For any previous marriages which have been terminated, please provide final divorce decree or death certificate (only if you are currently married to another person) (see below for details)
- Complete copy of current passport and any previous passportswhich have U.S. stamps (including blank pages)
- Complete copy of your spouse's/each family member’scurrent passport and any previous passports which have U.S. stamps (including blank pages)
- Four recent (4) passport style photographs of each applicant, which meet these specifications: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/photos.html;
- Evidence that you have previously received the vaccinations listed here USCIS Vaccination Requirements. This evidence will be reviewed by a USCIS-approved physician (see next item).
- When your priority date is current, you and your spouse/familywill need to secure medical examinations from a USCIS-approved physician. You can find an approved physician that is most convenient for you by calling 1-800-375-5283 or by going to the USCIS Web site at USCIS Civil Surgeons Locator. As you probably know, for the medical exam, you will need Form I-693. Most physicians carry this form so you should ask when you schedule your appointment (confirm that they have the most recent version of the form). If they do not, you can obtain it here: Form I-693. You will get the results of the medical exam in a sealed envelope which will be sent to the USCIS as part of your application.
A Note About Birth / Marriage Certificates
Please view the Foreign Affairs Manual (FAM) information at https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html to find out how to obtain birth and marriage certificates, or if you already possess them, review whether the documents that you have comply with the regulations of an acceptable document.
A Note on Travel
You and your spouse/family must be physically present in the U.S. at the time of filing the adjustment of status application(s).
If you will be concurrently filing applications for an Employment Authorization Document (EAD) and Advance Parole (AP), please be advised that you should not travel internationally until the AP application is approved. International travel would likely result in denial of the pending AP application (but this should not impact the associated AOS or EAD application).
Please notify counsel of any anticipated international travel plans before you buy your tickets if you will be filing an adjustment of status application.
News Alert Signup