Master prompt
I-130 + I-485 concurrent filing — adjustment of status strategy
When beneficiary is inside USA: file I-130 + I-485 + I-765 + I-131 + I-864 + I-693 simultaneously. Eligibility under INA §245(a), §245(c) bars, §245(i) grandfather.
USAFamily SponsorshipI-130I-485AOSINA 245(a)I-864
Adjustment of Status (AOS) under INA §245 allows certain beneficiaries inside the USA to obtain LPR status without leaving for consular processing. Concurrent filing — I-130 + I-485 filed together — is permitted when an immigrant visa is immediately available (IR categories always; family-preference only when priority date is current per visa bulletin).
Required when concurrent filing:
• I-130 (Petition for Alien Relative) — by petitioner
• I-485 (Application to Register Permanent Residence) — by beneficiary
• I-864 (Affidavit of Support) — by petitioner, sometimes joint sponsor
• I-765 (EAD application) — by beneficiary (optional, but standard practice)
• I-131 (Advance Parole) — by beneficiary (optional, allows travel during pendency)
• I-693 (Medical Examination) — sealed envelope from USCIS-designated civil surgeon
• I-944 Public Charge form was rescinded 2021 — confirm current rule [VERIFY at uscis.gov]
Draft a concurrent-filing strategy for [PETITIONER_NAME] sponsoring [BENEFICIARY_NAME] ([IR_OR_PREFERENCE], currently in USA on [CURRENT_STATUS]).
§1 — AOS ELIGIBILITY SCREEN — INA §245(a) (180-220 words)
Beneficiary must satisfy 8 CFR §245.1(a):
(a) Inspected and admitted OR paroled into USA
(b) Eligible to receive immigrant visa
(c) Immigrant visa immediately available
(d) Not inadmissible under §212(a) (or waivable)
(e) Not subject to §245(c) bars (see §2)
For [BENEFICIARY_NAME] last entered [LAST_ENTRY_DATE_INSPECTION]:
• If admitted with valid visa (F-1, H-1B, B-1/B-2): inspected + admitted ✓
• If paroled (advance parole, humanitarian parole): paroled ✓
• If EWI (entered without inspection): NOT inspected — §245(a) ineligible unless §245(i) grandfather applies (filed I-130 / I-140 / labor cert before April 30, 2001; $1,000 penalty fee)
For [IR_OR_PREFERENCE]:
• IR-1, IR-2, IR-5 → immigrant visa always immediately available
• F2A, F2B, F1, F3, F4 → only when priority date current per visa bulletin
• Visa-bulletin chart: USCIS designates Final Action Dates OR Dates for Filing each month for AOS
§2 — INA §245(c) BARS + IMMEDIATE-RELATIVE FORGIVENESS (180-220 words)
§245(c) bars certain categories from AOS — but immediate relatives (IR-1, IR-2, IR-5) get partial forgiveness under §245(c)(2):
§245(c) bars apply if beneficiary:
(2) Accepted unauthorized employment (or in unauthorized status on date of filing or at any time since last admission)
(4) "In transit" without visa
(7) Vocational student / exchange visitor failures
(8) Crewman who entered as D nonimmigrant
IR FORGIVENESS — §245(c)(2) exception:
• IR beneficiaries (spouses/parents/under-21 unmarried children of USC) are FORGIVEN unauthorized employment + status violations
• IR beneficiaries can adjust EVEN IF they:
- Overstayed prior nonimmigrant status
- Worked without authorization
- Are currently out of status
For none = none → straightforward
For none = present (overstay/unauthorized work):
• If [IR_OR_PREFERENCE] = IR-1 / IR-2 / IR-5 → forgiven; can adjust
• If [IR_OR_PREFERENCE] = F-preference → §245(c)(2) BARS adjustment; must consular-process abroad
• Critical caveat: §212(a)(9)(B) unlawful-presence bar still applies if beneficiary departs USA after 180+ days unlawful presence — DON'T leave USA after AOS denial without waiver strategy
§3 — I-864 AFFIDAVIT OF SUPPORT (140-180 words)
INA §213A — I-864 is a legally enforceable contract by petitioner / joint sponsor:
• Petitioner agrees to support beneficiary at 125% of federal poverty guidelines (100% for active-duty military)
• Obligation continues until: beneficiary naturalizes / earns 40 qualifying quarters of work / dies / permanently departs USA
• Petitioner's household size: petitioner + spouse + dependents + beneficiary + any other I-864 obligations
For [PETITIONER_INCOME]:
• Calculate household size + 125% threshold from current HHS poverty guidelines [VERIFY]
• If income insufficient: joint sponsor (I-864 from third party) OR assets at 5x shortfall (3x for IR-1 USC-spouse)
• Joint sponsor must: USC/LPR, 18+, domiciled in USA, meet 125% independently
Required documentation:
□ Petitioner's 3 most recent federal tax returns (Form 1040 + W-2s/1099s) OR IRS tax transcripts
□ Recent pay stubs (6 months)
□ Employment verification letter
□ Proof of US domicile (LPR/USC sponsor must reside in USA — overseas USCs face domicile challenge)
§4 — I-485 PACKAGE STRUCTURE (140-180 words)
Concurrent filing package:
□ Form I-130 with relationship evidence
□ Form I-485 with biographical detail (employment history, address history, all admissions)
□ Form I-864 + supporting financials
□ Form I-765 (EAD) — concurrent filing free
□ Form I-131 (advance parole) — concurrent filing free
□ Form I-693 medical examination from USCIS-designated civil surgeon (sealed envelope; valid 2 years from civil surgeon's signature)
□ Copy of birth certificate (translated if not in English)
□ Copy of passport bio + visa pages + I-94
□ Two passport-style photographs
□ Filing fees per current USCIS schedule
□ For none not "none": certified arrest records + court dispositions for every arrest / charge / conviction (anywhere in world)
§5 — POST-FILING TIMELINE (100-130 words)
Typical timeline (verify current at egov.uscis.gov):
• Receipt notices: 2-4 weeks
• Biometrics appointment: 4-8 weeks after receipt
• EAD (I-765) issued: 3-6 months
• Advance Parole (I-131) issued: 4-6 months
• Interview (if scheduled): 8-14 months
• Green card decision: 12-18 months
For [CURRENT_STATUS] = H-1B:
• Beneficiary can continue H-1B work while AOS pending — no EAD needed
• Can travel on H-1B visa stamp without advance parole — but H-1B extension/transfer still possible during AOS
For [CURRENT_STATUS] = F-1 OPT:
• Continue OPT until expiration; transition to EAD when issued
• Cannot leave USA without advance parole (or risk abandonment of AOS)
For [CURRENT_STATUS] = B-1/B-2:
• 90-day rule: USCIS may presume immigrant intent if AOS filed within 90 days of B visitor entry — counsel on visit-purpose statements
§6 — DENIAL CONSEQUENCES (60-80 words)
If I-485 denied:
• Beneficiary may be issued NTA (Notice to Appear in removal proceedings) — especially if no underlying nonimmigrant status
• Can renew I-485 before Immigration Judge in removal
• Motion to Reopen / Reconsider with USCIS within 30 days (Form I-290B)
• Federal court review limited (§242 jurisdiction-stripping)
End with: "DRAFT CONCURRENT FILING STRATEGY — for licensed US immigration attorney review. §245(c) bars + §245(i) grandfather analysis require attorney-level review; UPL caveat — only US attorneys / DOJ-accredited representatives may give legal advice. Verify current I-864 poverty guidelines + USCIS fee schedule at uscis.gov before filing."Unlock the vault to see the full prompt