To apply for adjustment of status from a tourist visa, essential documents include a valid Form I-94 Arrival/Departure Record, a completed Form I-485 Application to Register Permanent Residence or Adjust Status, and proof of lawful entry into the U.S. Supporting evidence such as a passport with the visitor visa, Form I-797 Notice of Action if a petition was filed, and documentation proving eligibility for adjustment, like a family relationship or employment offer, is also required. Medical examination results on Form I-693 and evidence of financial support or affidavit of support may further strengthen the application.
What Documents are Needed for Adjustment of Status From Tourist Visa?
| Number | Name | Description |
|---|---|---|
| 1 | I-94 Arrival/Departure Record | The I-94 Arrival/Departure Record is a crucial document for adjustment of status from a tourist visa, as it verifies lawful entry and authorized stay in the United States. This form, obtained electronically or on paper at the port of entry, must be submitted alongside the Form I-485 to demonstrate lawful admission into the country. |
| 2 | Proof of Lawful Entry | Proof of lawful entry is crucial for adjustment of status from a tourist visa and typically includes Form I-94 Arrival/Departure Record, passport stamps showing entry date, and any relevant visa documentation. These documents demonstrate that the applicant was inspected and admitted or paroled into the United States legally, a key requirement for successful status adjustment. |
| 3 | G-325A Biographic Information | The G-325A Biographic Information form is a crucial document required for adjustment of status from a tourist visa, containing essential personal and biographical details to verify identity and eligibility. Accurate completion of the G-325A helps U.S. Citizenship and Immigration Services (USCIS) conduct background checks and ensure the applicant's lawful transition from nonimmigrant to permanent resident status. |
| 4 | Bona Fide Relationship Evidence | For adjustment of status from a tourist visa, submitting bona fide relationship evidence is crucial, including joint financial documents, lease agreements, photographs together, and affidavits from friends or family confirming the relationship's authenticity. These documents help USCIS verify the legitimacy of the marriage or partnership to approve the adjustment application. |
| 5 | Form I-693 Medical Examination Report | Form I-693 Medical Examination Report is required for adjustment of status from a tourist visa to demonstrate the applicant's health eligibility by documenting vaccination records and screening for communicable diseases. This form must be completed by a USCIS-approved civil surgeon and submitted within the required timeframe to avoid delays in the green card application process. |
| 6 | Visa Overstay Explanation Letter | A Visa Overstay Explanation Letter is a critical document for adjustment of status from a tourist visa, detailing the reasons for the overstay and demonstrating eligibility for lawful status. This letter supplements Form I-485 and other supporting evidence, ensuring USCIS understands the circumstances to consider a favorable adjustment decision. |
| 7 | Affidavit of Support (Form I-864) | The Affidavit of Support (Form I-864) is a crucial document required for adjustment of status from a tourist visa, demonstrating that the applicant has adequate financial support and is unlikely to become a public charge. This form must be completed by a sponsor, typically a U.S. citizen or permanent resident, who meets specific income requirements verified through tax returns and employment evidence. |
| 8 | Legal Status Maintenance Documentation | Applicants seeking adjustment of status from a tourist visa must provide proof of lawful entry and continuous legal status, including a valid Form I-94 Arrival/Departure Record and evidence of compliance with visa terms. Supporting documents such as a copy of the tourist visa, passport biographic page, and any extension approval notices are essential to demonstrate maintained legal status throughout the application process. |
| 9 | Proof of Continuous Physical Presence | Proof of continuous physical presence for adjustment of status from a tourist visa requires documents such as lease agreements, utility bills, employment records, medical records, and bank statements showing consistent residency in the U.S. throughout the relevant period; passport entry and exit stamps also serve as critical evidence to demonstrate uninterrupted physical presence. |
| 10 | “Public Charge” Evidence (Form I-944 or Successor) | Applicants adjusting status from a tourist visa must submit Form I-944 or its successor to demonstrate they are not likely to become a public charge, providing evidence such as proof of income, tax returns, credit history, and assets. This documentation ensures USCIS evaluates the applicant's financial stability and ability to support themselves without relying on government assistance. |
Understanding Adjustment of Status for Tourist Visa Holders
| Document | Description | Purpose |
|---|---|---|
| Form I-485, Application to Register Permanent Residence or Adjust Status | Main form used to apply for adjustment of status | Initiates the process to become a lawful permanent resident |
| Form I-94, Arrival/Departure Record | Proof of lawful entry into the United States on a tourist visa | Verifies lawful admission and current status |
| Copy of passport biographic page | Personal identification information | Establishes identity and nationality |
| Proof of eligibility for adjustment | Documents supporting eligibility such as family relationship, employment offer, or asylum status | Confirms qualifying basis for adjustment of status |
| Form I-693, Report of Medical Examination and Vaccination Record | Medical evaluation performed by a USCIS-approved doctor | Ensures applicant meets health requirements |
| Form I-765, Application for Employment Authorization (optional) | Application to work legally while adjustment application is pending | Allows temporary employment during processing |
| Form I-131, Application for Travel Document (optional) | Request for advance parole to travel outside the U.S. during adjustment | Prevents abandonment of adjustment application when traveling |
| Two passport-sized photographs | Recent color photos meeting USCIS specifications | Identification and biometric processing |
| Marriage certificate or birth certificates (if applicable) | Proof of family relationships | Establishes eligibility when applying based on family |
| Filing fee payment | Required fee or fee waiver request for Form I-485 | Processes application financially |
Importance of Proper Documentation in AOS Applications
Proper documentation is crucial for a successful Adjustment of Status (AOS) application from a tourist visa. Essential documents include Form I-485, Form I-130 or I-140 if applicable, a valid passport, and the I-94 arrival/departure record.
Supporting evidence such as proof of lawful entry, medical examination reports (Form I-693), and financial affidavits must be included to prove eligibility. Failure to provide accurate and complete documents often results in delays or denial of the AOS petition.
Valid Passport and Visa Entry Requirements
Adjusting status from a tourist visa to permanent residency requires specific documentation to prove lawful entry and eligibility. A valid passport and proper visa entry documentation are critical components of this process.
- Valid Passport - Your passport must be current and unexpired to verify your identity and nationality during the adjustment of status application.
- Visa Entry Stamp - The visa stamp or entry record in your passport demonstrates lawful admission as a tourist and establishes your status in the U.S.
- I-94 Arrival/Departure Record - This document confirms your date of entry and the terms of your admission, which are essential for eligibility evaluation.
Ensuring these documents are accurate and intact supports a smooth adjustment of status application from a tourist visa.
Form I-94: Arrival/Departure Record Essentials
Form I-94: Arrival/Departure Record is a critical document for adjustment of status from a tourist visa. It verifies lawful entry into the United States and establishes the duration of authorized stay. Ensure your Form I-94 is the most recent and accurate version to avoid delays in the application process.
Birth Certificate and Certified Translations
When adjusting status from a tourist visa, a birth certificate is a crucial document to establish identity and familial relationships. Certified translations are required if the birth certificate is not in English to ensure USCIS understands the content clearly.
- Birth Certificate - This official document verifies your date and place of birth, which is essential for personal identification during the adjustment process.
- Certified Translation Requirement - All foreign documents, including birth certificates, must be accompanied by a certified English translation to meet USCIS regulations.
- Translation Certification - The translator must provide a signed statement affirming the accuracy and completeness of the translation to validate its authenticity.
Proof of Lawful Entry and Current Status
What documents are needed to prove lawful entry and current status for adjustment of status from a tourist visa? Proof of lawful entry typically requires Form I-94, Arrival/Departure Record, issued by U.S. Customs and Border Protection. Current status must be demonstrated with valid visa stamps and passport pages showing the most recent admission.
Completed Form I-485: Application to Register Permanent Residence
To adjust status from a tourist visa, a completed Form I-485: Application to Register Permanent Residence is essential. This form serves as the primary document to begin the permanent residency process within the United States.
Your Form I-485 must be accurately filled out, signed, and submitted with supporting evidence like a valid passport, visa, and proof of lawful entry. USCIS requires this form to verify eligibility and initiate the review for adjustment of status.
Affidavit of Support: Financial Sponsorship Documentation
When applying for Adjustment of Status from a tourist visa, one crucial document is the Affidavit of Support. This document demonstrates financial sponsorship and ensures that the applicant will not become a public charge in the United States.
The Affidavit of Support requires your sponsor to provide proof of income and assets, typically through recent tax returns, pay stubs, and employment verification. The sponsor must meet specific income requirements based on the Federal Poverty Guidelines. This documentation confirms that financial responsibilities will be met during the adjustment process.
Medical Examination and Form I-693
When applying for adjustment of status from a tourist visa, submitting a completed Form I-693 along with a medical examination report is essential. These documents confirm that the applicant meets health standards required by U.S. Citizenship and Immigration Services (USCIS).
- Medical Examination Requirement - It must be performed by a USCIS-authorized civil surgeon who conducts a thorough physical exam and screens for communicable diseases.
- Form I-693 Submission - This form documents the results of the medical examination and must be sealed in an envelope by the civil surgeon for USCIS review.
- Validity Period - The medical examination report on Form I-693 is generally valid for two years from the date of the civil surgeon's signature and must be current at the time of adjustment application.
What Documents are Needed for Adjustment of Status From Tourist Visa? Infographic
