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I-485 - Photograph requirements

Asked over 2 years ago - Houston, TX

I am applying for Adjustment of Status Form I-485 and for that I need to send photographs

Now I am an observant muslim and I wear a cap that covers 80% portion of my head. But my non-immigrant visa on my passport , which I was issued in 2004, doesn't have photo with a cap.

Considering above, do I need to prove my legitimacy to USCIS if I take photograph with the cap.
If yes then what proof is considered legitimate?

Thank You

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Attorney answers (1)

Scott D. Pollock

Reputation Level 17

Answered over 2 years ago. Immigration Attorney in Chicago, IL.

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The simple answer is, if at all possible, take the photos without the cap. But if your religious convictions are so strong that you think that doing so will actually violate the tenets of your religion, you should speak with a civil rights lawyer who can look into whether the First Amendment to the Constitution or the Religious Freedom Restoration Act may require the USCIS to exempt you from the usual photo requirements. There are some great organizations you can check this out with like the American Civil Liberties Union, the Arab-American Anti-Discrimination Committee and others. Good luck!

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