Initial Evidence for Form I-485

What initial evidence should be filed with Form I-485?

See Form I-485 Complete Guide.

Build the filing in layers

A reliable adjustment filing can be organized into five evidence layers:

Use the current Form I-485 edition and current instructions

Before assembling evidence, confirm the current edition of Form I-485 directly from USCIS.

Edition-control problems can cause rejection even when the legal case is otherwise approvable.

Before filing:

• Download Form I-485 directly from USCIS;
• Verify the edition date USCIS currently accepts;
• Use pages from the same edition;
• Review the current filing fee;
• Review the correct filing address;
• Review category-specific instructions; and
• Confirm whether related forms require separate fees.

Photographs

The current Form I-485 instructions require the photographs specified for the application.

When passport-style photographs are required, confirm the current USCIS specifications concerning:

• Number of photographs;
• Size;
• Color;
• Background;
• Image quality;
• Recency; and
• Any required identifying information.

Do not substitute an informal digital print or cropped personal photograph for the format required by the current instructions.

Government-issued photo identification

USCIS generally requires a copy of a government-issued identity document containing the applicant's photograph.

Potential documents include:

• Passport;
• National identity card;
• Driver license;
• Military identification; or
• Another government-issued photo document accepted under the instructions.

An expired passport may still be important evidence of identity and immigration history even where the applicant also has a current identity document.

Birth certificate

Unless the applicant's category or the current instructions provide otherwise, USCIS generally expects a birth certificate issued by the appropriate civil authority.

The birth record is important because it can establish:

• Legal name at birth;
• Date of birth;
• Place of birth;
• Parentage;
• Nationality-related facts; and
• Family relationships relevant to the adjustment category.

The record should conform to the availability information in the Department of State Reciprocity Schedule for the country and locality involved.

What if the birth certificate does not exist?

When the required primary civil record is unavailable, do not simply omit it.

The filing may need:

• A certificate of nonavailability from the appropriate civil authority where obtainable;
• Evidence explaining why the normal record does not exist;
• Secondary civil evidence;
• Church or religious records;
• School records;
• Hospital or medical records;
• Government records created near the time of birth; and
• Affidavits from persons with direct knowledge when permitted.

The Department of State Reciprocity Schedule should be checked before asserting that a record is unavailable.

Certified English translations

Every foreign-language document submitted to USCIS must be accompanied by a complete English translation that complies with the immigration evidence rules.

The certification should establish that the translator:

• Translated the complete document;
• Certifies that the translation is complete and accurate; and
• Is competent to translate from the foreign language into English.

Evidence of inspection and admission or parole

For categories requiring ordinary INA §245(a) eligibility, the applicant generally must document the most recent qualifying inspection and admission or inspection and parole.

Evidence may include:

• Form I-94;
• Electronic I-94 record;
• Passport admission stamp;
• Passport parole stamp;
• Nonimmigrant visa;
• Parole authorization records;
• CBP records;
• USCIS records; and
• Secondary evidence where primary DHS documentation is unavailable.

See Inspection and Admission and Parole and Adjustment of Status.

Not every adjustment applicant must prove ordinary admission or parole

The current Form I-485 instructions recognize categories whose adjustment statute does not require submission of ordinary inspection-and-admission or parole documentation in the same manner.

Examples include qualifying:

• Registry applicants;
• Asylees;
• VAWA self-petitioners;
• Special Immigrant Juveniles;
• T nonimmigrants adjusting under INA §245(l);
• U nonimmigrants adjusting under INA §245(m);
• Persons born under diplomatic status in the United States; and
• Applicants adjusting under INA §245(i).

What if the I-94 or admission record is missing?

If the applicant claims a qualifying admission or parole but cannot produce the ordinary primary evidence, reconstruct the entry before filing.

Possible evidence includes:

• CBP electronic I-94 history;
• Passport stamps;
• Old passports;
• Visa records;
• Airline records;
• Transportation records;
• Contemporaneous school or employment records;
• FOIA records;
• Form I-102 replacement records;
• Secondary business records; and
• Detailed declarations from persons with first-hand knowledge.

USCIS instructions permit secondary evidence and declarations in appropriate cases where primary DHS records cannot be produced.

Entry without inspection must be analyzed before filing

An applicant who actually entered without admission or parole generally cannot satisfy ordinary INA §245(a), unless another statute or exception supplies adjustment eligibility.

Potential alternatives include:

• INA §245(i);
• VAWA adjustment;
• SIJ adjustment under INA §245(h);
• T adjustment under INA §245(l);
• U adjustment under INA §245(m);
• Asylee or refugee adjustment under INA §209;
• Other special adjustment statutes; or
• A later qualifying parole or admission where legally sufficient.

See Entry Without Inspection and INA §245(i).

Evidence of the underlying immigrant petition

Applicants adjusting through a family, employment, or special immigrant petition generally should document the petition that supplies the immigrant classification.

Evidence commonly includes:

• Form I-797 approval notice;
• Form I-797 receipt notice for a concurrently filed or pending petition where concurrent filing is permitted;
• Copy of the immigrant petition when filed concurrently;
• Priority-date evidence;
• Petitioner and beneficiary names;
• Preference classification; and
• Any amendment, revocation, withdrawal, or portability evidence affecting the petition.

See Family-Based Adjustment and Employment-Based Adjustment.

Concurrent filing evidence

Where the law permits an immigrant petition and Form I-485 to be filed together, the package should make the relationship between the filings obvious.

The packet should identify:

• The concurrently filed petition;
• The applicant named as beneficiary;
• The requested immigrant classification;
• Visa availability on the filing date where required;
• Derivative family members filing with the principal; and
• Any category-specific supporting evidence.

A clear cover sheet and consistent identifiers reduce the risk that related filings are separated during intake.

Applicants under special statutes prove the special statutory basis instead

Not every Form I-485 depends on Form I-130, I-140, or I-360.

Examples include adjustment based on:

• Cuban Adjustment Act;
• Refugee status under INA §209(a);
• Asylum under INA §209(b);
• Registry;
• Diversity Visa selection;
• Other public laws; and
• Other category-specific statutory programs.

In these cases, the applicant must submit the evidence identified in the Additional Instructions for that specific adjustment category.

See Special Adjustment Categories.

Derivative applicants need relationship evidence

A derivative spouse or child must prove both the principal applicant's immigrant basis and the qualifying derivative relationship.

A derivative package can require:

• Marriage certificate;
• Birth certificate;
• Divorce decrees or death certificates terminating prior marriages;
• Adoption records;
• Legitimation or parentage evidence;
• Principal applicant's petition approval or receipt;
• Principal applicant's Form I-485 receipt notice;
• Principal applicant's priority date; and
• CSPA evidence where age protection is relevant.

Visa availability should be documented and verified

Preference-category applicants generally must have an immigrant visa available under the applicable filing rules.

The filing record should allow USCIS to identify:

• Priority date;
• Preference category;
• Country of chargeability;
• Any cross-chargeability claim;
• Applicable Visa Bulletin month;
• USCIS filing chart used; and
• Derivative relationship where applicable.

See Visa Availability.

Status-maintenance evidence

Where INA §245(c) status bars apply, the applicant may need to establish continuous lawful status or qualify for an exception.

Evidence can include:

• Forms I-94;
• Forms I-797 approving extensions or changes of status;
• Forms I-20;
• DS-2019 records;
• Employment authorization documents;
• Pay records;
• SEVIS evidence;
• H, L, O, P, R, or other petition approvals;
• School records; and
• Travel history.

Immediate relatives and certain special categories have important exemptions, so the evidence requirement should match the actual statute rather than impose unnecessary proof.

Unauthorized employment evidence

When unauthorized employment can affect eligibility, the filing should accurately reconstruct the applicant's employment history.

Potential evidence includes:

• Forms I-765 and EAD cards;
• Pay statements;
• W-2s;
• 1099s;
• Tax returns;
• Employment verification letters;
• Corporate records for self-employment;
• Dates of employment; and
• Evidence supporting an applicable exemption or INA §245(k) calculation.

Never omit employment merely because it may have been unauthorized.

Form I-864 when required

Many family-sponsored adjustment applicants and certain employment-based applicants must submit a qualifying Form I-864 Affidavit of Support.

The initial evidence can include:

• Petitioning sponsor's Form I-864;
• Federal tax transcript or required tax evidence;
• Current income evidence;
• Household-size documentation;
• Proof of U.S. citizenship or lawful permanent residence where required;
• Joint sponsor Form I-864 where permitted;
• Household member Form I-864A where used; and
• Asset evidence where relied upon.

Evidence of an I-864 exemption

Some adjustment applicants are exempt from Form I-864.

Potential exemption categories include qualifying:

• Applicants credited with the required Social Security quarters;
• Children who will automatically acquire U.S. citizenship after admission or adjustment;
• VAWA self-petitioners;
• Widows or widowers with qualifying self-petitions; and
• Other applicants identified by statute and the current USCIS instructions.

An applicant claiming an exemption should submit the form or evidence USCIS currently requires to establish that exemption.

Form I-693 must be filed with Form I-485 when current USCIS rules require it

USCIS changed its filing procedure so that applicants required to submit Form I-693, or a required partial Form I-693 such as vaccination documentation, generally must submit it together with Form I-485.

A filing may be rejected when required medical documentation is omitted.

Before submission, determine:

• Whether the category requires Form I-693;
• Whether a full examination is required;
• Whether only vaccination documentation is required;
• Whether an overseas medical remains usable;
• Whether the civil surgeon completed the current required version; and
• Whether any medical waiver is necessary.

Criminal records should be submitted when required

An applicant with an arrest, charge, citation, conviction, or other criminal history should review the current I-485 instructions and obtain complete records before filing.

Potential evidence includes:

• Certified arrest record;
• Charging document;
• Certified court disposition;
• Plea agreement;
• Sentencing order;
• Probation completion evidence;
• Expungement or vacatur order;
• Police record;
• Juvenile records where legally relevant; and
• Evidence that a record is unavailable.

Prior immigration violations and removal records

Applicants with complicated immigration history should submit enough evidence for USCIS to identify what actually occurred.

Potential records include:

• Prior visa applications;
• Forms I-213;
• Expedited removal orders;
• Notices to Appear;
• Immigration judge orders;
• BIA decisions;
• Voluntary departure orders;
• Prior Forms I-485;
• Prior I-601 or I-212 decisions;
• CBP withdrawal records;
• Prior asylum filings; and
• FOIA responses.

Where prior removal or inadmissibility is significant, obtain the record before choosing the adjustment strategy.

Waiver evidence should be filed when the ground is already known

If the applicant is clearly inadmissible and a waiver application is required and permitted, the filing strategy should address whether the waiver should accompany Form I-485.

Depending on the case, relevant forms can include:

• Form I-601;
• Form I-602;
• Form I-212;
• Category-specific waiver evidence; and
• Evidence establishing a statutory exception rather than a waiver.

INA §245(i) applicants need Supplement A and grandfathering evidence

An applicant relying on INA §245(i) must submit the additional material required by the current Supplement A instructions.

Evidence can include:

• Form I-485 Supplement A;
• Required additional statutory fee where applicable;
• Proof of a qualifying petition or labor certification filed on or before April 30, 2001;
• Evidence the qualifying filing was approvable when filed;
• Physical-presence evidence for persons subject to the December 21, 2000 requirement; and
• Evidence of derivative or current qualifying relationships where relevant.

See INA §245(i).

Employment-based applicants may need Form I-485 Supplement J

Certain employment-based adjustment applicants must submit Supplement J to confirm the bona fide job offer or request portability under INA §204(j).

The evidence may include:

• Completed Supplement J;
• Employer information;
• Job title and duties;
• Occupational classification;
• Compensation;
• Evidence the job offer remains bona fide; and
• Portability evidence where the applicant changed employers or became self-employed.

See Form I-485 Supplement J.

Marriage-based filings need relationship evidence in addition to the I-130

Where adjustment is based on marriage, the I-485 filing may need evidence that overlaps with the underlying Form I-130 record.

Relevant evidence can include:

• Marriage certificate;
• Termination of prior marriages;
• Petitioner's citizenship or LPR evidence;
• Bona fide marriage evidence;
• Form I-130 receipt or approval;
• Form I-864 package; and
• Any evidence addressing prior marriage-fraud concerns.

See Spouse of U.S. Citizen Adjustment of Status.

Employment-based filings need continuing petition and job-offer evidence

Employment-based adjustment is not established merely by showing that Form I-140 was once approved.

The filing should address, where applicable:

• I-140 approval or concurrent filing;
• Priority date;
• Visa availability;
• Current employer;
• Continuing job offer;
• Supplement J;
• Ability to pay where still relevant to petition adjudication;
• Current occupational classification;
• INA §204(j) portability; and
• Derivative family members.

See Employment-Based Adjustment.

Special adjustment categories require their own additional evidence

Special adjustment statutes often replace ordinary I-485 evidence with category-specific proof.

Examples include:

• SIJ approval and §245(h) evidence;
• U nonimmigrant status and continuous physical presence;
• T nonimmigrant status and applicable principal or derivative evidence;
• VAWA self-petition approval;
• K admission and qualifying marriage evidence;
• Cuban nativity or citizenship and CAA physical presence;
• Asylum grant and §209(b) evidence; and
• Refugee admission and §209(a) evidence.

The generic I-485 checklist should always be supplemented by the instructions for the actual legal category selected in Part 2 of Form I-485.

Do not send original civil documents unless required

USCIS generally accepts legible photocopies of supporting documents unless the form instructions specifically require an original.

The applicant should retain originals for:

• Interview;
• RFE response if USCIS requests them;
• Verification of authenticity;
• Later immigration filings; and
• Replacement of a lost USCIS submission.

Organizing the initial filing

A well-organized packet makes adjudication easier and helps expose missing evidence before filing.

A useful structure is:

1. Cover letter and exhibit index.
2. Form G-28, if represented.
3. Form I-485 and filing payment.
4. Category-specific forms or supplements.
5. Medical documentation where required.
6. Identity and civil documents.
7. Admission, parole, or other statutory entry evidence.
8. Underlying petition or special adjustment basis.
9. Relationship evidence.
10. Visa-availability evidence.
11. Affidavit-of-support package or exemption.
12. Admissibility and waiver evidence.
13. Category-specific supporting exhibits.

The exact order may vary with USCIS filing instructions and the complexity of the case.

Evidence should answer foreseeable USCIS questions

A strong initial package does more than satisfy a checklist.

Before filing, ask whether the record clearly answers:

• Who is the applicant?
• What statute permits adjustment?
• What is the underlying immigrant classification?
• Is a visa available?
• Was admission or parole required, and if so, where is the proof?
• Do any INA §245 bars apply?
• Is the applicant admissible?
• Is a waiver or exception required?
• Is Form I-864 required?
• Is the medical complete?
• Does a derivative relationship still exist?
• Are all prior immigration and criminal events explained?
• Does the applicant merit favorable discretion where discretion applies?

Example: missing I-94 but documented admission

Example: derivative filing lacks proof of connection to the principal

Example: required medical omitted

Master initial-evidence checklist

• Current edition of Form I-485.
• Correct filing fee or fee-exemption documentation where permitted.
• Required photographs.
• Government-issued photo identification.
• Birth certificate or acceptable substitute.
• Certified English translations.
• Evidence of inspection and admission or parole where required.
• Evidence of any statutory exception to ordinary admission or parole.
• Underlying immigrant petition receipt or approval.
• Priority-date and visa-availability evidence where applicable.
• Derivative relationship evidence.
• Status-maintenance evidence where relevant.
• Employment authorization history where relevant.
• Form I-864 package where required.
• Evidence of I-864 exemption where applicable.
• Form I-693 or required medical documentation.
• Certified criminal records where applicable.
• Prior removal or immigration-court records where applicable.
• Waiver or statutory-exception evidence where required.
• Form I-485 Supplement A for qualifying INA §245(i) cases.
• Supplement J where required.
• Special-category evidence.
• Complete filing copy retained by applicant and counsel.
• Proof of delivery and USCIS receipt.

Common initial-evidence mistakes

Primary authorities

Related INA245.com guides

Frequently asked questions