Navigating USCIS Changes: A Guide to Interfiling Your Pending I-485 for a Quicker Green Card

With USCIS regulations in flux, it’s essential to stay informed about options that could streamline your immigration journey. If you have a pending I-485 Adjustment tied to an I-130 or I-140 petition, interfiling might be the game-changer you need. This process allows you to transfer your pending I-485 to another preference category with a shorter wait time, expediting your path to a green card.

Qualifying Petitions for Interfiling

USCIS recognizes two primary types of underlying petitions eligible for interfiling:

1. USCIS Form I-140: Petition for Foreign Worker
2. USCIS Form I-130: Petition for Foreign Relative

Advantages of Interfiling

Interfiling presents several advantages to applicants:

• No Additional Filing Fees: Interfiling does not require additional fees.
• No Redoing of Forms: You won’t need to redo any previously filed forms.
• Expedited Process: The process speeds up the acquisition of an immigrant visa or green card.

Key Considerations Before Interfiling

Before opting for interfiling, carefully consider the following factors:

• Maintain Eligibility: You must maintain eligibility until USCIS receives your transfer request.
• Prove Eligibility: Demonstrate eligibility for the new preference category.
• Current Priority Date: Ensure the priority date for the new category is current when making the transfer request.

USCIS Approval for Interfiling

The approval of an interfiling request rests with USCIS, considering factors such as the reason for the request, provided documentation, administrative burden, and prior work on the pending adjustment application.

Making a Request to Transfer Employment-Based Categories

For employment-based transfers, submit a written request along with a completed I-485 Supplement J to the U.S. Department of Homeland Security USCIS Western Forms Center. If your transfer is based on a pending I-140, I-485 Supplement J is not required.

Requesting Other Preference Category Transfers

Submit a written request directly to the USCIS office handling your pending application for transfers in other preference categories. Include reasons for the transfer and copies of all receipt notices.

By understanding these steps, you gain the knowledge to navigate the I-485 status transfer process smoothly, ensuring compliance with USCIS procedures.

Conclusion

As USCIS regulations shift, staying proactive and exploring options like interfiling can be the key to expediting your green card journey. For personalized guidance, contact our immigration experts today.

Schedule a Consultation with an Immigration Lawyer