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Ready to send I-130 and I-485, do I need to file I-765?

Houston, TX |

Hello everybody.
Thank you for your help so far,

My case is adjustment of status through marriage while holding an F-1 Visa with good status. I'm ready to file I-130 and I-485
1.D o I need to file I-765 or it will automatically update once I get my resident status?
2.I also need to translate my birth certificate into English, can I do it myself or I'll have to ask a certificate notary to translate?
3. One more question is, according to the USCIS website, I'll need to send my document to USCIS
P.O. Box 805887
Chicago, IL 60680-4120
However in the envelope of my Form I-693, my doctor write the receiver address is:
Immigration and Naturalization Service,
16504 Central Green Blvd
Houston, TX 77032
So which address that I will need to send my documents to?

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Attorney answers 5

Best Answer
Posted

1. You do not "need to" BUT I would, your paying for it in the $1070 I-485 fee anyway and you will need it prior to filing for the SSN Number or renewing your TX DL at DPS.
2. I would not do it my self. You can, but its always better to have a certified translator do it, takes away the doubt by USCIS.
3. You need to go to the USCIS website, www.uscis.gov, click on forms, click on I-485, look for lockbox address and thats the proper address. All applications are now centralized filing nationwide.
I agree with all my colleagues, I think its misguided to file your application and not have a competent immigration attorney at least review your paperwork for a nominal fee and make sure your not wasting your $1490 filing fees. BY law USCIS is NOT allowed to refund fees. I believe the only exception is if filing premium processing (not applicable to you) and they do not process the application within the timeframes set by law.

If you make a mistake on the applications, the best case scenario is they reject the application and send it back to you for correction and refiling. The other possibility is your case gets denied and the fees are lost. The worse case scenario: You get denied and if you are no longer in your own independent legal non-immigrant status (F-1 out of stay for instance) then you may end up in deportation proceedings when the government issues an NTA-Notice to Appear to place you into deportation proceedings. Also, since you are an F-1 student, you are monitored by ICE in the SEVIS system NOT by USCIS. ICE is very trigger happy and will show up at your home at 5 AM to detain you "IF" you are out of status on your F-1. IF NOT, then of course your fine and nothing will happen.

Immigration forns are deceptively tricky and seem easy and self explanatory BUT you are signing these forms under penalty of perjury (potential criminal sanctions). Make sure your doing it the proper way, thats my best advice. Good luck.

Posted

If you want to work with authorization, then yes you need to file the I-765. The EAD is also a vehicle for obtaining a social security number and a drivers license.

Posted

The work authorization application and advanced parole request is optional but it's always usually included unless you don't qualify. You must also include biographic information forms for both (G-325) and affidavit of support from the petitioner or joint financial sponsor with supporting documents in case a joint sponsor is needed. The address of filing depends on your place of residence. I highly encourage you to engage an attorney to make sure the petition packet is prepared correctly. This little investment could save you months of time wasted and money if you need to re-file later and hire an attorney anyway to fix what you did wrong. Good luck!

Posted

File the I-765 together with your other applications. You'll save the substantial filing fee for filing a stand alone I-765.

-Dan

Consult with a competent attorney or BIA-accredited representative.

Daniel Green, Esq.
845-853-7302/347-245-7078
Serving the Hudson Valley, Northeast, and the World Beyond
www.hudsonvalleyimmigrationlaw.com
lawyer@hudsonvalleyimmigrationlaw.com
Location: 684 Aaron Court, Kingston, NY
Mailing Address: PO Box 3238, Kingston, NY 12402

This answer should not be construed as legal advice and should not be relied on to take any action whatsoever; neither does it create a lawyer-client relationship.

Posted

The EAD application is free and helps in getting a license and social security as well as serves as a form of ID.

Birth certificates can be translated by a neutral third party. Make sure to attach a certificate of translation.

Send the packet to the address indicated on your forms not on the medical exam.

If you want to make sure everything is properly prepared and remitted, consider retaining an attorney to review your packet.

The information offered is general in nature and not meant to be relied upon as legal advice. Please consult an attorney prior to making legal decisions. Visit us at www.tunitskylaw.com. Contact us at 713.335.5505 or email at veronica@tunitskylaw.com. Veronica Tunitsky offers in-person, as well as telephone and email consultations.

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