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hi everybody mark Daley here immigration lawyer with pro forma immigration attorneys this is our third video in this series how to get a green card for your spouse right US permanent residency for spouses of US citizens a step by step guide for USCIS immigration forms and documents and this one is the 485 application to register permanent residents or adjust status this form we're going to be going through it and we want you to check in on this one this is the third of seven in this series so for me the step by step immigration forms is a way for me to do low-cost form and document review for my clients who want to save some money on an immigration case and fill things out on their own we also have pro forma immigration immigration attorneys because we one also provide full-service representation for clients and a wide range of immigration cases but this one here is mostly step-by-step immigration forms where you're going to fill in your own forms you'll bring them to us and then we'll review them over the course of two hours to make sure everything's done properly I also do immigration law training for other lawyers who are in criminal or family law or bankruptcy and they want to start up an immigration practice so I help them with that as well that's what I do in immigration I love immigration I've been doing it a long time and you know I present at conferences I'm a member of the California Bar and I'm also the member of immigration American Immigration Lawyers Association I'm going fast on this because I really don't want to take too much your time but it's hard because it is so deep and it's so complex this for me I 485 is a very significant form so we're gonna dive into the terms here petitioner is the US citizen in this case who's sponsoring beneficiary is the immigrant also the applicant is also the immigrant so those are the words permanent residency green card means uh you know the they both mean the same thing and adjustment of status is what this forum does and it's when you want to apply for a green card in the United States plying in the USA as opposed to applying outside at an embassy which would be consular process so those are the terms that were used in here so what we're doing we are talking about downloading your forms first then getting your documents together getting your information together filling out the forms assembling and filing your documents and then going to an interview this is the process by which US citizens sponsor their spouses here in the United States to get green cards so this is what we're doing we're at the fill out forms part number four here so the spouse adjustment of status here we are go to the forms go to the website USCIS govt and you're gonna look at the i-485 application to register permanent residence or adjust status we're gonna look at the USCIS website info on the form and then we're gonna look at the form instructions and then finally we're gonna dive into the form itself the fillable form and show you how to fill this baby out all right so we're gonna go switch over now to screen capture of the USCIS website okay so you start on your browser Google whatever and you go USCIS and that's we're going to the USCIS govt homepage there's all kinds of scammers and different websites and fake stuff so you want to make sure you're getting the real deal you're gonna get notices and stuff about the USCIS office is closing temporarily for coronavirus I have an interview that we got and we've been closed out so we can't do that and so we go to the forms which are up here forms and then scroll down and you're gonna go with alphabetical and numeric so I and then 485 right there we got the form details over here if you click on this you'll get a little notice and you want to read these notices there regarding in this case a lawsuit that's being filed regarding the affidavit of support the new affidavit of support requirements so with immigration law you know a lot of there's a lot of case law that impacts immigration law and it's hammered out in the courts so it can be really confusing on knowing what you're doing all right so let's go back up to the form details and again more notices final rules and then the form itself right here I 45 instruction to form i-485 and then the e notification there's also these little drop-down menus here that have information number of pages the addition date 10 15 19 you can find the addition at the bottom of the page for the form and instructions so any addition before this will be rejected so that's why you always want look at the addition date where to file they have a link to the filing addresses to form 485 and it's based on you know the type of thing you're doing you are applying for adjustment of status under the following eligibility category stout spouse of a US citizen so you're going to be filing over here this kind of information is found in the filing tips filing addresses all right where to file now filing fee okay there's going to be a link to a drop down here where here's how to pay us is fees you can do credit card authorizations and then how to pay with a check and what it needs to say on the check so that's all here and the amount of fees though is determined by what you're doing so under 14 under 14 ages 14 through 78 this is most of my clients form fees a thousand one hundred and forty biometrics which is the fingerprints is 85 on top of that so it comes to 1225 for this form for the i-45 and this is going to be in addition to the i-130 we just did the I 134 and they've got a filing fee of like 5:30 so those will be totaled together and then let's see what else check list of requirements view the checklist of required initial evidence it's nice to have CDs so check lists of required initial evidence reform I 485 don't submit the checklist with the form right but we have you know a list of stuff we've gone over - both - passports soft photographs government-issued identity document birth certificate all this definitely talked about are here and if it's an employment based form you've got another checklist and a special immigrant June on different checklist but these are nice to have there's a double check that you're not forgetting anything because you don't want to get stuff kicked back for not providing it all right so checklist and we go back to special instructions all right supplements Liberian Nationals filing forms 765 and i-131 with for my 84 85 we're going to be doing that so there's the links to those forms and some more information on there which a box a check premium processing different information and then related links all right so there's more information down here and we're gonna go on now to the instructions ok the instructions I like to save the instructions on my hard drive with the forms so I can document what the instructions were on a day because the rules the law said we have to follow these instructions that they publish so it's it's important to reference these just to make sure you're doing it right ok so what's the purpose of form i-485 what that's a good question I have 45 application mr. permanent residence or adjust status is used by personally United States to apply for a lawful permanent resident status throughout these instructions will sometimes refer to form i-485 as an application for adjustment of status or as an adjustment application I talked about adjustment of status is the process of getting your green card here in the United States who may file ok so we have a principal applicant and remember we talked about the applicant and the beneficiary right in our marriage base scenario that we're working with and that's because this 485 is an application so it's an applicant filling out the application and derivative applicant if I had if I was a US citizen I was applying for my spouse and their children I have stepchildren and those derivatives would also need one of these applications there's other immigrant categories as well who may not be elbow eligible to adjust status so it talks about bars and this is the thing about with the adjustment the green card application this is the petition was proving the good faith marriage adjustment applications proving there's no bar to your green card you've got to prove that you have to show them that there's no bars so you have to anticipate what all the bars are and you have to give them evidence on every bar if you can't show evidence that you're not subject to one of the bars then that you they hit you with the bar and you're barred and so that's how the that's how the presumption works that you're that you're barred and then the burden of proof the amount of evidence you have to give them is 51% that's what the law says in my experience reality you've got to give them a lot more than that they're looking for like clear and convincing evidence like 85 90 % on each one of these bars so it's very unfair in that way but we're talking about the bars it's beyond the scope of this if you think you've got a bar they're gonna ask you all these questions on the form to weed out the bars so if you think there's a question about one of the bars then you would call a lawyer and give them the story and let them do the research case history and just you know find out if there's going to be trouble for you coming down the road grounds of inadmissibility this word inadmissibility is what we're talking about because in the law this is what's written up Invicta call it grounds for inadmissibility and then exchange visitors j ones or j two's a G and E there's just problems if you have these kinds of visas with getting a green card the principal applicant derivative adjustment applicants okay getting more information on that and then we go into the general instructions and biometrics service appointment there was something here better than G 325 a form G 325 a is no longer required I've been doing these videos for so long I have G 325 a videos they're not required so don't pay any attention to those here's the filing fee evidence support we have to give all the evidence proving they're not barred to anything the biometric service appointment is going to be required for you to take they don't know how to fill out the form let black ink we know that and like we've said before if you have extra information you go back to the end and then n/a or none is important and all this stuff we've pretty much talked about in the previous video like the biographic information all this stuff so you don't really need to spend a lot of time looking at this the evidence we're gonna be telling you what evidence there is but again if you have a ground of inadmissibility pop up you're gonna have to give a lot of evidence to prove you're not subject to that ground or that you get a waiver so you need photos government ID birth certificates proof of your admitting and in the United States filing as a beneficiary of an immigrant petition then you need to show you've got a receipt for the immigrant petition or better yet what we're doing is just give your immigrant petition in with the 485 and that's going to cover that some don't require an underlying petition that's great marriage certificate or the proof of relationship so if you're a derivative applicant submit a photocopy the marriage certificate so if I was having my brother petition for me and I'm now getting my green card I'd want to give my marriage certificate of my spouse but we're not doing that we're talking about spouse to spouse and evidence of continuously maintaining lawful status and survival the United States in immigration relating to marriage it's not so important to prove that you've been in lawful status in fact you can fall out of status and if you are married to a u.s. citizen you can still get a green card so that's not the same for other categories like business based green cards if your employers petitioning for you and you fall out of status you may not be able to adjust status here in the United States you may not get a green card here you have to probably go outside the country and get one abroad confirmation a bona fide job offer okay we don't need that portability we're not worried about that okay public charge here's the new one declaration of self-sufficiency form i-94 for an affidavit of support form I 864 alright in addition to form i-485 you must file nine four four and eight six four to establish that you are not inadmissible based on the public charged ground meaning that you're going to be taking up benefits from US citizens if you fall into one of the categories of symbol below so we're going to be doing a whole video on i-94 four and eight six four which is coming up but they're giving you the heads up there's a ground of an inadmissibility around these issues of public charge who has to submit him so we'll go into this we get into this form but it's nice that they require it and they give you all the information here as well but you can see there is a huge amount of information on on these categories now report of medical exam and vaccination record well yeah they can bar you if you're got a bad disease and you don't want to cause a you know pandemic or health problem in the United States they can bar you for that so you need a medical exam coming in and your vaccination record police and the court records of criminal charges arrests and convictions so certified police and court records so the police have you been arrested even if you weren't convicted of anything police records are going to show the arrests then the court records are going to talk about you know the conviction the acquittal or the probation whatever happened in the court is going to be in the court record and so you want that for all the criminal charges and they ask you this question so many different ways if you have been convicted of a crime or you've been arrested you probably wanna consult with an immigration lawyer to find out the evidence you would want to put in and then what you want to say in an interview how you want to describe that very important so there's all this information on the convictions and then waivers of inadmissibility yeah even if you've been convicted of a crime like possession of marijuana less than 32 grams there is a waiver for that so you might need to file a waiver which is a pardon saying I'm sorry I did it but it's gonna be a real extreme hardship on my spouse if I'm not allowed to get my green card because of a B C and D you present that waiver and then they'll decide the waiver to see if they're gonna waive this ground of inadmissibility and let you get your green card and that's a whole thing you probably want to talk with a lawyer about and we do that as well j1j - we're not working with that waiver of diplomatic rides don't have to worry about that then we get into the lower stuff the filing fee and where to file and this kind of boilerplate all right so now we're actually gonna jump into the form so back into the form here I 485 opening saving on my hard drive like that and now filling it out from my hard drive and not from the website if you have the website open just close it alright so I'm gonna bring this baby up 485 okay when lawyers do it you hit the box 28 G 28 and you put your bar number there start here down the applicant might have an a number and so if they do go ahead and put that there now we've got over a lot of these boxes already in the in the previous video for the i-130 so this allows me to skim through this stuff okay so we'll be skimming and then diving in where it's applicable on the 485 so information about you the name name used since birth okay other information about you we're getting the basic stuff date of birth gender city or town of birth all that needs to match your birth certificate all right country country of citizenship and nationality a number online account number Social Security number u.s. mailing address and Carib name only use that if you're living with someone else if you have your own place don't use it alternate and or safe mailing address so if you filing filing it's Women Act and you want this to go somewhere else so that someone doesn't know that you're actually filing for this then put that and that would be an incurable II and their address their recent immigration history okay we've gone through that in the last form and so then the next one is application type or filing category I'm filing this form at forty five as a principal applicant which is from a spouse that is gonna be what I am for my kids if I were bringing my kids and getting them green cards they would be filing and they'd be noting that they're a derivative applicant but for the spouse it's going to be principal attach a copy of form i-79 seven receipt or approval notice for the underlying petition or the application as appropriate we'll be giving the application we're gonna give the i-130 along with the 485 it's called a concurrent filing all right I'm applying as a principal based on and you have all these categories you can use them we're gonna using this one here immediate relative spouse of a US citizen parent of a US citizen u.s. citizens 21 age or older an unmarried child under 21 years of age of the US citizen form i-130 we're the first one here immediate relative spouse of US citizen got it you know all of your other categories here but we're not worrying about then there's human trafficking categories as well special programs based on certain public laws additional options additional alien worker okay if you did an i-140 alien worker form you would do this but we didn't do that so we're not gonna put anything there and then um if you answered yes to item number nine a nine a did a relative father associated I 144 you we're not answering that so we're not going to be subject to this snow skipped item number ten regardless at the immigrant category adjusting do you hold valois are you a you human trafficking these are the high priority programs here 245 I Section this is not a 245 I application which is someone who's entered illegally and they want to get a green card after entering it illegally information about your immigrant category if you are the principal applicant provide the following information receipt number of underlying petition we're not going to have one of those because we're filing an application along with this priority date from underlying petition if any okay if you're a derivative applicant principal applicant name you're tying this derivative application back to the principle additional information about you if you ever applied for an immigrant visa to obtain permanent resident at a US Embassy or consulate okay yes or no if you answered yes and you give the information on that along with the decision your address history for the past five years okay we know what that's all about employment history for the past five years all right we know what this is all about and we know the importance of giving lots of employment history because they're gonna rate you in this meritocracy on if you've got skills and education and work experience so that you're not going to take welfare when you come into the United States you're not gonna be a public charge all this information is relevant to that terminations have put a lot in there then we go about your parents all right we've done this before and then your parent to information about that if they're deceased go ahead and the current city or town of residence put in deceased current marital status this is an interesting question if you're married is your spouse a current member of the US Armed Forces or Coast Guard how many times have been a married information about your current marriage and prior marriages okay we've seen all this before at the i-130 children okay we've seen all this children information about the i-130 so you just copy right over from that biographic we've already walked through this right general eligibility and inadmissibility grounds all right this word inadmissibility this is this is um this is the the thing they were gonna be looking at right now to weed you out and disqualify you and keep you from getting your green card this question is interesting have you ever been a member of involved in or in any way associated with any organization association fund foundation party club society or similar group in the United States or in any other location in the world including any military service so what I like to do is I like to again if you've been a member of any group that is doing good work in the world or a church that does stuff you can list that because America likes people who are engaged in good positive civic activity right also military service so we because we're a warrior culture right we we value military service so that's also something that you can put down here and score points and you're going to put the organization city or town nature group right now if it's a terrorist organization you know there's gonna be lots of questions coming down the road about that but for right now I like to use this as a way to shine and show that your are a person who has a good history of civic responsibilities and activity now we're getting into these other ones here answer items 14 through 18 choose the answer that you think is correct if you answer yes to any question or if you answer no but aren't sure of your answer provide an explanation of the events and circumstances in the space provided in part 14 additional information there's a there's a giveaway right here on how to handle this forum if you think you are unsure and you want to say no you can say no and say and be unsure about something and provide more information and that's gonna be a little different from saying yes to a question so there is a big distinction say yes if you know that answer is yes if you're not if you're unsure say no and then say why are unsure don't say yes because yes is sworn are legally binding yeses they're hard to undo a know that you give with an explanation is easier to undo easier to deal with legally so procedurally your due process is going to be preserved if you say no and then give an explanation around it and if you have to say no to something you know and with an explanation you probably want to have a lawyer help you make that explanation right if you're saying yes to things that's it's a sign you need to talk to a lawyer about your cap location but let's jump through these have you ever been denied admission to the United States mm-hmm turned around at the border that's what that is never been denied a visa to the United States so this is around at the at the embassy consulate have you been denied a visa you've ever worked in the United States without authorization now with our cases here which we're our spouse of US citizen if you work without authorization that's not gonna be a ground of inadmissibility for you that's not gonna bar you from getting your green card that's not gonna sink your ship they're not gonna weed you out because you've worked illegally before you've gotten married or even while you're married and now you're applying for the green card so if you have worked illegally you want to answer yes to this question have you ever worked in the United States without authorization if it's yes say yes it's a freebie they're not gonna they're not gonna hammer you for that now if you lie and they find out that you're not telling the truth then you're gonna be real deep in problems in trouble because now you got a misrepresentation on this form you want to keep your form clean you don't want to have any misrepresentations all right so be clean with this you've ever violated the terms of conditions of your non-immigrant status all right and so that again that's not gonna be a real problem for someone who's getting a green card based on marriage to u.s. citizen are you presently or have you ever been a removal exclusion or was rescission or deportation proceedings okay that'll trigger them to pull the file also if you are in then you know the judge has to decide this case for you so they're not going to go full into processing an answer or a decision in this case they're going to kick it back to the judge they've ever been issued a final order of exclusion deportation or removal right so if you get deported they give you the notice that means you're subject to the bar there's an inadmissibility ground you can't file for a green card if you've just gotten deported unless you have a waiver unless there's other stuff going on so that's a good question you need to know the answer to have you ever held lawful permanent resident status which was lated reat later rescinded I mean it was cancelled or something bad happened to it have you ever been granted voluntary departure by an immigration officer an immigration judge but failed to depart within the allotted time okay that's always a no-no have you ever applied for any kind of relief or protection for removal exclusion or deportation you may apply for a green card already you may apply for cancellation of removal II may applied for asylum refugee you want to tell them that have you ever been a J non-immigrant exchange visitor who was subject to the two-year foreign residence requirement this is saying that you need to go home for two years before you can become a permanent resident if you come in on a J visa that has this type of restriction on it so you need to know that because you're not gonna be able to get a green card until you go home for two years if you answered no 224 a complete item to 24 B in 24 C so 24 a you say no then skip to item 25 so but if you've said yes have you complied with a foreign residence requirement have you gone home for the two years or having been given a waiver by from the Department of State so one of those will apply to you now we get into criminal acts and violations this is tough for item numbers 25 through 45 you must answer yes to any question that applies to you even if your records were sealed or otherwise cleared or even if anyone including a judge law enforcement officer or attorney told you you no longer have a record let's just stop right there the Constitution has a Supremacy Clause that applies to the federal government being able to discard the lower state government laws when they want to so if there's a conflict between the two laws the federal law was gonna prevail that's called the Supremacy Clause not always but this is what we're talking about here when we say your state court may have said your records are expunged you don't have a criminal record anymore your state court may have said you know when you're applying for jobs you don't have to say that you're convicted of a crime because you've gotten this expungement right on and on and on your case was dismissed you know you don't you don't have a record your case is dismissed state courts are gonna say that kind of thing and state lawyers are going to tell you that in a criminal context but in a federal context it's not gonna work anymore and you have to tell them everything that's happened right and so then with that perspective you're not making a misrepresentation it's really really really tough when you go by state guidelines and say well I didn't they said I didn't have to say that I was convicted of a crime and then you say that in this federal and then they hit you with a misrepresentation so very important point to get across if you have any questions about that you need to talk to a lawyer you must also answer yes to the following questions whether the action or offense occurred here in the United States or anywhere else in the world okay that's pretty clear if you answer yes to item 25 through 45 use the space provided in part 14 additional information to provide an explanation that includes why you are arrested cited detained or charged where you were arrested cited detained or charged when the date we have been occurred and the outcome or disposition for example no charges filed charges dismissed jail probation community service whatever that is there's a little format for the information provide regarding this right so when I have clients with a lot of criminal backgrounds we'll make a chart and we'll have the crime and then we'll have just all the information about it broken up in a chart rather than using the little addendums to the to the end of this form so have you ever been arrested cited charts were detained for any reason by any law-enforcement official including but not limited to any u.s. immigration official or an official of the US Armed Forces or US Coast Guard right that's pretty clear have you ever committed a crime of any kind even if you are not arrested cited charged where they're tried for that crime so this one is around this many thoughts do with like marijuana use because you can be smoking marijuana it might be legal in the state where you are but if you smoke marijuana and it's a federal crime then you are committing a crime and you're not being arrested or charged for it and it is a very serious thing under federal guidelines so if you say yes to this have you ever been arrested side or came for any reason I mean were you ever commit a crime for which you've not been arrested cited or charged with or tried for that crime when you make it admission that this has happened they're gonna say that it is the same as having committed the crime and being convicted of it so you're sealing your own conviction if you have to say yes I did commit a crime for which I've not been charged so if that's your situation you probably talked to a lawyer about that because you need to handle that with a lot of nuance and you don't want to you know you don't want to make things worse for yourself you definitely don't want to go into a place we're making a misrepresentation you're not being truthful being factual to the government we got to be truthful and factual to the government I've ever pled guilty to or been convicted of a crime or offense even if the violation was subsequently expunged or sealed by court or if you were granted pardon amnesty a rehabilitation decree or other act of clemency so here they're going in more details about that ever been ordered punished by judge or had conditions imposed on you that restain restrained your Liberty such as prison sentence suspended sentence house arrest parole alternative sentencing drug or alcohol treatment rehabilitative programs or classes probation or community service see how wide they are going with this so that would be a ordered punished by going into probation or something like that ever been defendant or accused in a criminal proceeding including pretrial diversion deferred prosecution deferred adjudication or any withheld adjudication they want to know all of it I've ever violated or attempted or conspired to violate any controlled substance law or regulation of a state the United States or a foreign country okay so there you go and this is one here attempted or conspired to violate so have you attempted to to do a controlled substance but it didn't work you might still be in trouble I've ever been convicted of two more offenses other than purely political offenses for which the combined sentences to confinement were five years or more so this is another ground of inadmissibility now there are waivers for these types of things but this is just narrowing the focus on these grounds of inadmissibility have you ever illicitly illegally trafficked or benefited from the trafficking of any controlled substance such as chemicals illegal drugs or narcotics right and then have you ever knowingly aided abetted assisted or conspired a colluded him of the illicit trafficking of any illegal narcotic or other controlled substances and then are you the spouse son or daughter of someone who's done that have you ever engaged in prostitution coming in the United States engage in prostitution ever directly or indirectly procured a prostitute have you received any proceeds or money from prostitution and then do you intend to engage in illegal gambling or any other form of commercialized by such as prostitution bootlegging that's out making alcohol or the sale of child pornography while in the United States have you ever exercised the immunity to avoid being prosecuted for criminal offense in the United States ever while serving as a foreign government official been responsible for or directly carried out violations of religious freedoms if you ever induced by force fraud or coercion or otherwise been involved in the trafficking in persons for commercial sex acts have you ever trafficked in a person into involuntary servitude including P&H debt bondage or slavery trafficking includes recruiting harboring transporting providing or obtaining a person for labor or services through the use of fraud force or coercion so trafficking is broad people don't realize sometimes they're being trafficked and they are being trafficked and so this is what it looks like we ever aided or abetted in trafficking anyone are you the spouse and her daughter who is engaged in trafficking people we've ever engaged in money laundering or have you ever knowingly aided assisted to conspire to colluded with others in money laundering or do you seek to enter the United States to engage insect activity well you know president Trump is definitely engaged in money laundering and so he should actually be deported I think we need to deport President Trump for money long term don't you think so security and related do you intend to engage in any activity that violates or evades any law relating to espionage including spying or sabotage in the United States so of course spies aren't gonna say this as they're coming in right but they ask these questions because when you make a misrepresentation and you do it later there's another you can go to jail for espionage and then you get out of jail you got to be deported and then you've got this question answered as a misrepresentation on a form before immigration which is another deportable offense trust me on this this works a lot but security grounds you know there's not a lot of waivers available for any of these types of security grounds so read through them if have to say yes on any of the security grounds you're gonna need a lawyer absolutely and there are some waivers available and we'd be really creative in getting some of these waivers and you know when you remember the military a lot of times you will have you know some of these they have to say yes some of these like this one here have you ever received any type of military paramilitary or weapons training yeah I was in the military so it's not a death sentence for you but read through them and if you say yes on the military training we're gonna ask you for information on your military training so you can expect to see receive you should expect to provide them with you know the information on your military training where you were the dates you were there we know what your status was what your rank when you were discharged that type of information provided them that if you don't they're gonna ask for it and so it'll delay your case so I'd like to get all that stuff and provided upfront and then bring it to the interview with you and then we get into more here if you answered yes any part of items number 46 a through 50 explain what you did including the dates and location of the circumstances or what you intended to do in the space or what you intend to do in the space provided part 14 additional information at the end are you the spouse or child of an individual who ever did bad things like that okay so there's not those if you answered yes explain the relationship and what occurred and curring the dates okay and then we're going into more selling providing transporting weapons and then there's this one have you ever worked volunteered or otherwise served in any prison jail prison camp Detention Facility labor camp or any situation that involved attaining persons and then groups using weapons military groups Communist Party Nazi Germany torture killing intentionally severely injured engaging sexual contact relation with any person who did not consent or was that an able to consent or was being forced or threatened a person's ability to exercise religious belief recruiting children soldiers if you answered yes to any part of item numbers fifty to sixty explained what happened including the dates and location of the circumstances so you definitely want to get a lawyer in on this stuff now public charge well the charge meaning you're going to be a burden on our society financially those who are subject to the public charge ground of an invincibility and under I am a section 212 a four must complete form i-94 for declaration of self-sufficiency it may also have to submit form i-864 affidavit of support under the section 213 a of the ia so yeah not everyone falls for a green card passed to deal with public charge some green card categories you don't deal with it but for our spouse of a US citizen absolutely you don't have to deal with the affidavit of support so we have the declaration of self-sufficiency form i-94 for are you exempt from the public charge ground of inadmissibility all right so we're gonna be saying no I'm not exempt I'm subject to it to determine if you are exempt from the public grant charge ground of inadmissibility and therefore exempt through filing form i-94 for read the form i-485 instructions which we did what evidence must you submit which is interesting because they're qualifying you for the i-94 four here on the i-45 we'll also go to the 944 and we'll look at that form where you also qualify affidavit of support these are the categories for i-864 these two forms work together and you might be exempt because you earn receive credit for turning forty qualifying quarters of work in the United States defined by the Social Security Act well very rare that someone in this situation is going to have under 18 years of age nope applying them to the widow widower category okay so that might be but mostly no these are gonna apply to a spouse of a US citizen I'm applying for the victim of qualifying criminal activity okay right under you so we use don't usually have to show affidavit or support information and then here's more questions on the U which is not really relating to us other special categories diversity visa Amerasian Act okay now so that's the public charge issues the illegal entries and other immigration violations have you ever failed or refused to attend or to remain in attendance at any removal proceeding filed against you on or after April 1st 1997 this is when the law came into effect I started doing immigration law in 95 and I remember when this came into effect and so you're gonna probably say no hopefully if your answer is yes attach a written statement explaining why okay have you ever submitted fraudulent or counterfeit documentation to any US government official to obtain or attempt to obtain any immigration benefit including a visa or entry into the United States here's our false documents ground of inadmissibility so a lot of my clients who marry US citizens are here working illegally sometimes they might have a fake green card sometimes they might have a fake social security card and they buy them at the swap meet or they buy them at the little T end of the little store and they go and use that document and give it to an employer so they can work okay so if you do that to any US government official is the name of this game so if you're giving it to an employer you can answer no here because you're not giving it to US government official okay so I just want to get that clear if you were lied about concealed or misrepresented to any information on a half in a petition to obtain a visa other documentation or any other kind of immigration benefit right lying and concealing is always bad that's why have you ever falsely claimed to be a US citizen and in you know riding or any other way all right that's a death now for sure because there's really no waiver for false claim of US citizenship stowaway and then foreign smuggling people right and then here's another document fraud are you under a final orders order of civil penalty for violating I n a section 274 C for use of fraudulent documents if you'll know that if you've got that for sure removal unlawful presence or illegal reentry after previous immigration violations these is a whole category of this we have the excluded deported removed ever enter illegally all right and then since April first ninety-seven have you been unlawfully present United States look at this for more than 180 days to six months but less than a year and then to part of the United States if you say yes that means you're subject to a three year bar to re-entry so if you come back before the three year our bar runs that's a problem right or been a llama unlawfully presence in the United States for more than a year and then departed and left the United States if you're applying for jessamine status and you left and came back there could be a problem with that there's grounds of inadmissibility yeah but there are waivers available as well but you're gonna talk to a lawyer about this and if this applies to you know you were unlawfully present United States if you entered the United States without being inspected and admitted or inspected and paroled or if you legally enter the United States but you stayed longer than permitted right and that's true so that's the definition there you can apply to those and then since 97 if you ever ever reentered or attempted to re-enter the United States without being inspected and admitted or paroled after having been unlawfully present United States for more than one year in the aggregate or having been deported exclude or removed from the United States so if you have to answer yes there's these bars again that to keeping you from getting your green card that you're gonna want to talk to a lawyer about because there are Labor's for these things but some of them don't have waivers some have permanent bars so you need to know the real deal on this okay miscellaneous conduct D plan to practice polygamy in the United States are you accompanying another foreign national who requires your protection or guardianship but who is an admissible after being certified by medical officer as being helpless from sickness physical or mental disability or infancy as described in nine a section 232 see have you ever assisted entertaining retaining or withholding custody of US citizen child outside the US from the US citizen has been granted custody however voted in violation of any federal state or local constitutional provision statute ordinance a regulation United States that's a bad bar the illegal voting is bad I've ever renounced your US citizenship to avoid being taxed by the US so that was I was a citizen I didn't want to pay taxes I renounced my US citizenship have you ever applied for exemption or discharge from training or your service to the US Armed Forces in the US national security training corps on the ground that you are a foreign national so this is a good question because if you get it go on to citizenship they want you to register for the draft and you can register for the grass draft if you're a tourist if you are illegally here if you are filing for a green card as long as you're within the age requirements so registering for the draft is an important thing you do if you want to go ahead and get citizenship down the road been relieved or discharged from training being convicted of desertion those are bad things have you ever left or remained outside the United States to avoid or evade training or service in the US Armed Forces in a time of war or a period declared by the President to be a national emergency it's a bad thing if it was yes what was it all about okay then we get to the end of the end of it where we're talking about the accommodations of you're deaf or hard hard-of-hearing and blind and other disabilities you can ask you want to give them the heads-up that you need support in your interview applicant statement you can read English or you can't read English and you have an interpreter and you put the interpreters name here and if you have a lawyer prepare this for you prepare name prepare this application for me if you provide your own and prepare your own you don't need to do this and we're thinking you're going to be preparing your own applications here so you're the applicant the immigrant it's an applicant phone number email applicant certification look at this I understand that if I mail it was 18 to 26 years of age submitting this application will automatically register me with the Selective Service System as required by the military Selective Service Act great but I would register as well so I would have my rip my proof of registration that I could show up my naturalization interview and what else is saying here take the biometrics that's true and they're gonna be sworn in and you're gonna say that everything here is true and complete and correct under penalty of perjury sign it and you're gonna sign this in blue ink sign an ink we use blue so that you know it's an original and dated your interpreter would fill their stuff out all black ink put the language and then their signature blue ink and then me if I'm filling it out then I fill all this stuff out I say I'm an attorney or I'm not an attorney I'm just a friend who's doing it and then my certification and my signature there and then the last part here is at the interview when they do they're going to a u.s. officer's name here and then the applicant will sign it and then we have the last page here which is where your supplemental information will go page number part number and then the remember the descriptions that you give so thank you for watching our video video number three hi 485 application to register permanent or just status you're gonna move on to video number four now and thank you for watching and we look forward to working with you on reviewing your forms and documents you