Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A of Public Law 99-603)
[I-698, Application to Adjust Status From Temporary to Permanent Resident (Under Section 245A of the INA)]
IMPORTANT: Information on this site may be outdated. For up-to-date instructions and filing fees check always with the USCIS site:
http://www.uscis.gov/forms
Purpose of Form :
This form is used to apply for adjustment to permanent resident status under the amnesty program provisions of the Immigration Reform and Control Act of 1986 (IRCA).
Number of Pages :
7
Edition Date :
10/26/05. Prior versions acceptable.
Where to File :
U.S. Citizenship and Immigration Services
P.O. Box 805876
Chicago, IL 60680-4120
Filing Fee :
$140.00
Special Instructions :
Note on Filing Fee :
- If your application is filed within 31 months after temporary residency was granted, the fee is $140 per person with a $420 family cap.
- If your application is filed later than 31 months after temporary residency was granted the fee is $180 per person with a $540 family cap.
A $70 per applicant (unless under 14 or older than 79 years) fee for biometrics may be required.
Department of Homeland Security
U.S. Citizenship and Immigration Services
OMB No. 1615-0035; Expires 08/31/08
I-698, Application to Adjust Status
From Temporary to Permanent Resident
(Under Section 245A of the INA)
Instructions
I. What Is the Purpose of This Form?
This form should be used by a person who has been granted temporary residence under section 245A of the Immigration and Nationality Act (INA) to apply to the U.S. Citizenship and Immigration Services (USCIS) to adjust to permanent resident status. The application is made pursuant to section 245A, of the INA, as amended by the Immigration Reform and Control Act of 1986 and section 902 of the U.S. Department of State Authorization Bill of 1987.
II. Preparation of Application.
A separate application for each applicant must be typed or printed legibly in black ink. The application must be completed in full. If extra space is needed to answer any item, attach a continuation sheet(s) and indicate the item number.
If you send this application via the U. S. Postal Service, mail it to the following address:
U.S. Citizenship and Immigration Services
P.O. Box 805876
Chicago, IL 60680-4120
If you send this application through any other means, mail it to the following address:
U.S. Citizenship and Immigration Services
427 S. LaSalle, 3rd Floor
Chicago, IL 60680-4120
If you do not sign your application or if you fail to submit the appropriate fee according to the instructions below, we will return your form. If your application is returned, no further action will be taken. You would need to resubmit your application properly to renew processing.
III. What Are the Eligibility Requirements.
In order to be found eligible for permanent residence under section 245A you must:
(1) Apply for such adjustment during the one year period beginning with the 19th month that begins after the date you were granted such temporary resident status.
(2) Reside continuously in the United States that is, since becoming a temporary resident alien no single absence from the United States exceeded 30 days, or the total of all absences has not exceeded 90 days.
If you are absent from the United States for more than 30 days, or for more than 90 days in the aggregate, during the period for which continuous residence is required for adjustment to permanent residence, you will break the continuity of your residence unless you can establish to the satisfaction of USCIS that you did not, in fact abandon your residence in the United States during that period.
(3) Establish admissibility under section 212(a) of the INA. In determining the admissibility of an applicant, the provisions of sections 212(a)(6)(A) and 212(a)(7) of the INA shall not apply to applicants for adjustment of status as a lawful
temporary or permanent resident under section 245A of the INA.
The following grounds of inadmissibility may not be waived by the Secretary of Homeland Security:
(i) Section 212(a)(2)(A)(i)(I) (crimes involving moral turpitude);
(ii) Section 212(a)(2)(A)(i)(II) (crimes involving controlled substances, except for so much of such paragraph as relates to a single offense of simple possession of 30 grams or less of marijuana);
(iii) Section 2312(a)(2)(B) (multiple criminal convictions); (iv) Section 212(a)(2)(C) (controlled substance traffickers);
(v) Section 212(a)(3) (security and related grounds); and
(vi) Section 212(a)(4) (public charge). Except this prohibition does not apply to an alien who is or was an aged blind or disabled individual (as defined in section 1614(a)(1) of the Social Security Act. An alien is not ineligible for adjustment of status due to being inadmissible under section 212(a)(4) if the alien demonstrates a history of employment in the United States evidencing self-support without receipt of public cash assistance. Special adjudication standards regarding public charge contained in any settlement agreements apply.
All other grounds of inadmissibility may be waived by the Secretary of Homeland Security. In order to seek such a waiver, you must submit a Form I-690, Application for Waiver of Grounds of Excludability.
(4) Have not been convicted of any felony or three or more misdemeanors committed in the United States;
(5) Be able to demonstrate that you either:
(a) Meet the requirements of Section 312 of the INA, as amended (relating to a minimal understanding of ordinary English and a knowledge and understanding of the history and government of the United States, or
(b) Are satisfactorily pursuing a course of study recognized by the Secretary of Homeland Security to achieve such understanding of English and such knowledge and understanding of the history and government of the United States. You can obtain additional information about available courses by contacting your local USCIS district office.
IV. What Are the Documentary Requirements?
A. Medical Examination.
A medical examination (Form I-693) is required only for those applicants who were not given a serologic test for human immunodeficiency virus (HIV) infection as part of their medical examination when applying for temporary residence.
If you are 15 years of age or older and your medical examination for temporary residence did not include a serologic test for HIV, you should choose a doctor from a list of doctors or clinics in your area that have been approved by USCIS to perform medical examinations and make arrangements with the doctor or clinic to have a serologic test for HIV.
NOTE: If you must comply with this requirement, you do not have to undergo another complete medical examination. The medical examination form needs only to reflect the results of the serologic test.
B. Photographs.
Submit with the application a passport-style color photograph of yourself taken within 30 days of the date of the application. Two additional identical color photographs will be required at the time of the interview. Do not send the two additional photographs with your Form I-698 application.
The photos must have a white background, be glossy unretouched and unmounted. You must be shown in the photos in a full- frontal position. The dimension of the facial image should be about one inch from your chin to the top of your hair Your name and Alien Registration Number ( A#) file number should be written lightly in pencil on the back of the photographs.
C. Name Changes.
If your name has changed, you must submit a certified copy of the decree of the court or marriage certificate, as appropriate. A married woman may file her application under either her maiden or current married name.
D. Copies.
If these instructions tell you to submit a copy of a particular document, you should send a copy. If there are stamps, remarks notations, etc., on the back of the original document(s), also provide a copy of the back of the document(s).
If you choose to send an original document, you should also submit a copy so USCIS can return the original to you. If you do not provide a copy along with the original, USCIS will attach the original document to your petition and the original document may not be returned to you.
There are times when USCIS must request an original copy of a document. In that case, the original is usually returned after it has been reviewed.
If you are interviewed, however, the original documents must be presented whenever possible at that time except for the following: official government records; employment or employment related records maintained by employers, unions or collective bargaining organizations; medical records; school records maintained by a school or school board; or other records maintained by a party other than the applicant.
Copies of these records must be endorsed as true and correct and must bear the signature and title of persons authorized to act on their behalf. All certified copies of documents become the property of the USCIS. At the discretion of a USCIS district director, original documents, even if accompanied by certified copies, may be temporarily retained.
NOTE: It is recommended that you retain copies of your application and supporting documents for your records.
E. Documents in a Foreign Language.
Any document in a foreign language must be accompanied by a full translation into English. The translator must certify that he or she is competent to translate the document into English and that the translation is accurate.
F. Additional Sheets.
If you do not have enough space to answer any particular question on this form, attach additional sheets. On each sheet indicate your name, date of birth, A-number (if available) and Social Security number (if available), and note, also the number of the question to which you are replying.
V. Application Process.
A. Who Must File an Application?
A separate application must be filed by each applicant. Applications must be typed or clearly printed in black ink and completed in full. If extra space is needed to answer an item attach a continuation sheet and indicate your name, Alien Registration Number (A #) and the item number.
B. Interview.
Interviews will take place at selected USCIS offices throughout the United States. It is important that you bring your “appointment for interview notice” and any other requested information to the interview.
You must also bring your Form I-797, Temporary Residence Approval Notice, (if available) to the interview. If your application is approved, your approval notice will be modified to reflect temporary evidence of permanent residence until such time as you receive your Form I-551, Permanent Resident Card through the mail.
VI. Confidentiality.
The information provided in this application is confidential and may only be used as stipulated in the INA section 245A(c)(5). The information is subject to verification by USCIS.
VII. Penalties for False Statements.
Whoever files an application for adjustment of status under Section 245A of the Act and who knowingly and willfully falsifies misrepresents, conceals or covers up a material fact or makes any false, fictitious, or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry will be subject to criminal prosecution and/or removal.
VIII. Relief From Job Discrimination.
Section 274B of the Immigration and Nationality Act prohibits discrimination in employment hiring and firing based on an individual’s national origin or citizenship status.
For additional information concerning immigration related unfair employment, contact the U.S. Department of Justice Office of Special Counsel for Immigration Related Unfair Employment Practices by mail at P.O. Box 65490 Washington, D.C. 20035-7688 or by telephone at 1-800-255-7688 or 202-653-8121; or 202-653-5710 for the hearing impaired.
IX. Fee.
Follow these instructions when paying the fee for Form I-698:
- If the application is filed within 31 months from the date of approval of temporary residence, the base fee is $140.00, or a $420.00 family cap fee for a husband, wife and children under 18 years living in the same household.
- If the application is filed after 31 months from the date of approval of temporary residence, the base fee is $180.00, or a $540.00 family cap fee.
The adjustment date is the date of filing the application for permanent residence or the applicants eligibility date, whichever is later.
Each applicant must also pay a $70.00 biometrics services fee for fingerprinting, unless under 14 or older than 79 years. If necessary USCIS may also take an applicants photograph and signature as part of the biometric services.
You will receive a fee receipt after your application is received and processed by USCIS.
Fees are not refundable regardless of the action taken on the application. All fees must be in the form of a U.S. postal money order, money order or bank check. Cash or personal checks of any type will not be accepted.
All money orders and bank checks must be made payable to the Department of Homeland Security. Do not use the initials DHS or USDHS. You will receive a fee receipt after your application is received and processed by USCIS. Any stop payment action taken by you or your representative will cause the USCIS to terminate action on the application.
How to Check If the Fees Are Correct.
The fees on this form are current as of the edition date appearing in the lower right corner of this page. However, because USCIS fees change periodically, you can verify if the fees are correct by following one of the steps below:
- Visit our website at www.uscis.gov and scroll down to “Forms and E-Filing” to check the appropriate fee, or
- Review the Fee Schedule included in your form package, if you called us to request the form, or
- Telephone our National Customer Service Center at 1-800-375-5283 and ask for the fee information.
X. Our Authority for Collecting Information.
The authority to prescribe this form is contained in the Immigration Reform and Control Act of 1986. The information is necessary to determine whether a person is eligible for the immigration benefit sought. All questions must be answered. Failure to do so may result in the denial of your application.
XI. USCIS Forms and Information.
To order USCIS forms, call our toll-free forms line at 1-800-870-3676. You can also get USCIS forms and information laws, regulations and procedures by telephoning our National Customer Service Center at 1-800-375-5283 or visiting our internet website at www.uscis.gov.
XII. Use InfoPass for Appointments.
As an alternative to waiting in line for assistance at your local USCIS office, you can now schedule an appointment through our internet-based system, InfoPass. To access the system, visit our website at www.uscis.gov. Use the InfoPass appointment scheduler and follow the screen prompts to set up your appointment. InfoPass generates an electronic appointment notice that appears on the screen. Print the notice and take it with you to your appointment. The notice gives the time and date of your appointment, along with the address of the USCIS office.
XIII. Reporting Burden.
An agency may not conduct or sponsor an information collection and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.
We try to create forms and instructions that are accurate, can be easily understood, and which impose the least possible burden on you to provide us with information. Often this is difficult because some immigration laws are very complex.
Accordingly, the reporting burden for this collection of information is estimated to be one hour per response. This estimate includes the time required to learn about the form, complete the form, and assemble and mail the application.
If you have comments regarding the accuracy of this estimate or suggestions for making this form simpler, you can write to the U.S. Citizenship and Immigration Services, Regulatory Management Division, 111 Massachusetts Avenue, N.W., Washington, DC 20529. Do not mail your completed application to this address.