Q: What happens if you don’t attach the 485J in the filing for a previously filed 140 that’s current now?

A: The entire I-485 package may be rejected and treated as not properly filed. This rejection may not return to you until after October 31st and it may be too late to refile. The original filing date will not be honored. In other words, the I-485J MUST be included in the application.

Q: Do I need to submit 485J if I am filing my I-485 concurrently with I-140 downgrade?

A: If you are filing Form I-485 together with a Form I-140 filed on your behalf, you do not need to file Supplement J at this time. USCIS may later on after the initial filing may request that you file Supplement J.

Q: Do you have to submit medicals with I-485 filing?

A: No and it is a good idea not to since they will likely expire while the application is pending. If you file without the medical, USCIS will eventually send an RFE asking for it or ask you to bring it to your green card interview. We do not recommend sending it to USCIS without an RFE as it may not ever make it to your file.

Q: Do I have to submit a birth certificate with I-485 filing?

A: Yes, birth certificate is required for initial submission. If you do not have a birth certificate, you may instead submit two affidavits from family members including your parents and school or religious records that have your name, your parents’ name and your date of birth. USCIS will need non-availability certificate confirming your birth certificate is not registered but it makes take some time to get that document because of COVID-19. You should at least submit school records and two affidavits from family members who are older that you and have personal knowledge of your birth. We will provide templates for affidavits.

Q: I have a birth certificate but registered late, what do I do then?

A: USCIS will question birth certificates that are not registered contemporaneously with your birth. Therefore, we recommend you submit with your I-485 filing two or more affidavits by family members who have direct personal knowledge of your birth.

Q: What is the new filing fee for I-485 filing?

A: USCIS has temporarily been halted from increasing its fees on October 2, 2020, by a preliminary injunction. Please use the current fee schedule for USCIS fees. USCIS is no longer bundling the fees for all three applications of I-485, I-765, and I-131. Instead, applicants are required to pay fees for each application. USCIS further is no longer requiring a separate fee for the biometrics fee for I-485 filing and eliminating the fee difference based on the applicant’s age.

 Here is the breakdown:

• I-485, Adjustment of Status	Per applicant Made out to “U.S. Department of Homeland Security”
  Under 14 and filing with the I-485 application of at least one parent	$750
  Under 14 and not filing with the I-485 application of at least one parent	$1,140
  Age 14-78	$1,225 ($1,140+$85)*
  Age 79 or older	$1,140

  *I-485 application for Ages 14-78 contains an $85 biometrics fee.

We advise sending three different checks for each application to keep track of each application for each applicant.

This section is subject to change pending a US DOS appeal of a preliminary injunction (Immigration Legal Resource Center et al., v. Wolf, et al.)

Q: I have a child who is aging out (over 21 years old) or has already aged out and he qualifies to file I-485 filing based on the Date of Filing. Will USCIS accept his I-485 application? How will USCIS determine if eventually the child will qualify under CPSA and get a green card?

You may file I-485 for your child’s application based on the Dates for Filing chart. However, USCIS will use the Final Action Dates chart to determine your child’s age at the time of visa availability for CSPA age calculation purposes. Age at the time of visa availability is the applicant’s age on the first day of the month of the DOS Visa Bulletin that indicates availability according to the Final Action Dates chart.

An applicant who chooses to file an adjustment application based on the Dates for Filing chart may ultimately be ineligible for CSPA if his or her calculated CSPA age is 21 or older at the time his or her visa becomes available according to the Final Action Dates chart.