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취업영주권

EVIDENCE WITH I-485 (체크리스트)

이선아미국변호사 2022. 12. 15. 06:00

What Evidence Must You Submit with Form I-485?

I-485양식과 함께 제출해야 하는 증거를 살펴봅니다. 

이민국에서 안내하는 총 14가지 항목 체크리스트 확인하세요.

 

 

I-485 체크리스트

 

1. Photographs (I-485용 2*2사이즈 사진 2장, 사진 뒷면에 연필로 이름 적기)

2. Government-Issued Identity Document with Photograph (여권 사본)

3. Birth Certificate (대한민국 출생증명서=(1)기본증명서 상세본+(2)가족관계증명서 상세본)

4. Inspection and Admission or Inspection and Parole (여권 입국심사스탬프페이지 사본, 비자 사본, I-94 사본)

5. Documentation of Your Immigrant Category (see Part 2., Item Numbers 1.a. - 1.g. of Form I-485) (이민청원서 또는 I-797 이민승인서) (취업이민 동시접수의 경우 이민청원서 I-140준비)

6. Marriage Certificate and Other Proof of Relationship (혼인관계증명서 상세본 및 가족관계증명서 상세본)

7. Evidence of Continuously Maintaining a Lawful Status Since Arrival in the United States (다음 중 한가지 첨부: I-797 / I-94 / I-20 / DS-2019 / 이민국스탬프 찍힌 여권페이지)

8. Affidavit of Support/Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j) (Supplement J) (고용제안확인서 Supplement J는 I-140와 I-485 동시접수의 경우엔 제출할 필요 없음)

9. Evidence of Financial Support (In general, if you are filing Form I-485 based on employment, you do not need to submit Form I-864, Affidavit of Support) (재정보증증거, 취업이민의 경우 재정보증서 필요 없음)

10. Report of Medical Examination and Vaccination Record (Form I-693) (이민국 지정병원에서 받은 신체검사 및 백신기록이 봉인된 I-693 기록)

11. Certified Police and Court Records of Criminal Charges, Arrests, or Convictions (형사입건, 체포 또는 유죄선고된 경우 경찰기록 및 법원기록)

12. Waiver of Inadmissibility (입국거절 면제 증거)

13. Documentation Regarding J-1 or J-2 Exchange Visitor Status (J비자 소지자일 경우 관련 서류)

14. Waiver of Diplomatic Rights, Privileges, Exemptions, and Immunities (A/G/E비자 소지자일 경우 I-508, A/G/NATO비자 소지지일 경우 I-566)

 

 

※참고:

-기본증명서, 가족관계증명서, 혼인관계증명서(이하 "세가지 증명서")는 대법원사이트에서 "상세"로 출력해야 합니다.

-신청자는 본인 이름으로 위의 세가지 증명서를 출력해야 하고,

-배우자도 배우자 이름이 "본인"으로 나오도록 세가지 증명서를 출력해야 합니다.

-따라서 부부 2명이 각자의 I-485를 접수하려면 총 6장의 증명서가 필요합니다.

 


 

※자세한 사항을 확인하려면 아래 내용을 읽어보십시오.

 

The specific evidence you are required to submit with your application may vary depending on the immigrant category you are filing under.

 

신청자가 접수하려는 이민 카테고리에 따라 신청자의 신청서와 함께 제출되어야 하는 특정한 증거는 달라질 수 있습니다.

 

Read about each type of evidence below to see if it applies to you; see also the Additional Instructions for more category-specific information.

 

신청자에게 적용되는지 여부를 살피려면 아래의 각 증거의 종류별로 읽어보십시오. 좀 더 구체적인 카테고리 정보를 위해 추가 안내도 읽어보십시오.

 

 

You must submit all evidence requested in these Instructions with your application.

 

신청자는 신청서와 함께 안내서에 요구된 모든 증거를 제출해야 합니다.

 

If you fail to submit required evidence, USCIS may reject or deny your application for failure to submit requested evidence or supporting documents in accordance with 8 CFR 103.2(b)(1) and these Instructions.

 

만약 요구 증거를 제출하지 못할 경우, 이민국은 이민법 8 CFR 103.2(b)(1) 및 안내서에 따른 요구 증거 및 뒷받침할 서류를 제출하지 못한 이유로 신청서를 거절하거나 거부할 수 있습니다.

 

Failure to submit all required evidence and documentation when filing Form I-485 may also delay processing of your application and any related applications based on Form I-485, such as Form I-765, Application for Employment Authorization, or Form I-131, Application for Travel Document.

 

I-485양식을 접수시, 모든 요구 증거와 서류를 제출하지 못한다면, 신청서 및 I-485에 기반한 모든 관련 신청서들(예, I-765, EAD신청서 또는 I-131 국외여행허가서)의 프로세싱도 지연될 수 있습니다.

 

If you are unable to submit the required primary evidence (for example, a birth certificate or marriage certificate), you may provide secondary evidence (for example, church or school records) instead if you can explain why the primary evidence is unavailable.

 

만약 요구된 1차 증거(예, 출생증명서 또는 혼인관계증명서)를 제출할 수 없을 경우, 2차증거(예, 교회기록 또는 학교기록)를 제출할 수 있습니다. 단, 왜 1차 증거가 없는지 설명할 때에 한합니다.

 

If you are unable to submit secondary evidence, you may submit two or more affidavits, sworn to or affirmed by individuals who are not parties to the immigration benefit sought and who have direct personal knowledge of the event and circumstances.

 

만약 신청자가 2차증거를 제출할 수 없을 경우, 개인이 선서하거나 확인해 준 2개 또는 더 많은 확인서를 제출 할 수 있습니다. 이 때 개인은 이민 혜택을 받는 당사자가 아니어야 하고, 그 사건과 상황에 대해 직접적인 개인적 지식이 있는 사람이어야 합니다.

 

You must also explain why primary and secondary evidence are unavailable.

 

또한 신청자는 왜 1차증거와 2차증거가 없는지 설명을 해야만 합니다.

 


 

1. Photographs (2*2사이즈 사진 2장, 사진 뒷면에 연필로 이름 적기)

 

You must submit two recent identical color passport-style photographs of yourself.

 

The photos must have a white to an off-white background, be printed on thin paper with a glossy finish, and be unmounted and unretouched.

 

The two recent identical color passport-style photos must be 2 by 2 inches.

 

The photos must be in color with full face, frontal view on a white to off-white background.

 

Head height should measure 1 to 1 3/8 inches from top of hair to bottom of chin, and eye height is between 1 1/8 to 1 3/8 inches from bottom of photo.

 

Your head must be bare unless you are wearing headwear as required by a religious denomination of which you are a member.

 

Using a pencil or felt pen, lightly print your name and A-Number (if any) on the back of the photo. 

 

Visit the following DOS website at travel.state.gov/content/passports/english/passports/photos/photo-examples.html for examples.

 

 


 

2. Government-Issued Identity Document with Photograph (여권 사본)

 

All Form I-485 applicants should submit a photocopy of a government-issued identity document that has their photograph.

 

Typically, this will be your passport or similar document, even if the passport is now expired.

 

It can also be any other government-issued identity document such as a driver’s license or military identification document.

 


 

3. Birth Certificate (대한민국 출생증명서=(1)기본증명서 상세본+(2)가족관계증명서 상세본)

 

All Form I-485 applicants, except refugees and asylees, must submit a photocopy of their birth certificate issued by the appropriate civil authority from the country of birth.

Although refugees and asylees are not required to submit a photocopy of their birth certificate, if the birth certificate is available, refugees and asylees should submit a copy of the birth certificate.

 

USCIS will only accept a long-form birth certificate which lists at least one parent.

 

If your birth certificate is unavailable or does not exist, you must prove its unavailability or nonexistence and provide acceptable alternative evidence of birth. (Refugees and asylees do not need to prove unavailability or nonexistence of their birth certificate.)

 

You can look up your country of birth on the following website, travel.state.gov/content/ visas/english/fees/reciprocity-by-country.html, to see if birth certificates are known to be unavailable or nonexistent in that country.

 

If this resource shows that birth certificates from your country of birth are generally unavailable or nonexistent, you do not need to do anything to prove that your birth certificate is unavailable or nonexistent.

 

If this resource does not show that birth certificates from your country of birth are generally unavailable or nonexistent, you must submit an original document from the relevant governmental authority explaining why your birth record does not exist and indicate whether similar records for the time and place are available.

 

When your birth certificate is not available or does not exist, you must submit other acceptable evidence relating to the facts of your birth, such as church or school records, hospital or medical records, personal affidavits, or similar evidence.

 


 

 

4. Inspection and Admission or Inspection and Parole (여권 입국심사스탬프페이지 사본, 비자 사본, I-94 사본)

 

Unless applying under INA section 245(i), most Form I-485 applicants must submit photocopies of documentation showing they were inspected by an immigration officer and either admitted or paroled into the United States.

 

The following types of applicants do NOT need to submit documentation of inspection and admission or parole: registry applicants, asylees, VAWA self-petitioners, special immigrant juveniles, T nonimmigrants applying under INA section 245(l), U nonimmigrants applying under INA section 245(m), and individuals born under diplomatic status in the United States.

 

You must establish any claim that you were admitted or paroled into the United States.

 

This evidence must relate to your most recent arrival into the United States.

 

Submit copies of the following documents, if available: 

A. Passport page with admission or parole stamp (issued by a U.S. immigration officer); 

B. Passport page with nonimmigrant visa; AND

C. Form I-94 Arrival-Departure Record (See Form I-94 Arrival-Departure Record in the General Instructions section of these Instructions).

 

▶1차증거 세가지 모두 제출해야 함: A. 여권입국심사스탬프페이지 사본 AND B. 비자사본 AND C. I-94사본

 

If you cannot produce this primary evidence, and DHS has no record of the admission or parole, USCIS will presume that you came into the United States without admission or parole.

 

You may, however, provide secondary evidence (records maintained in the ordinary course of business by any individual or organization other than DHS) to support your claim that you were admitted or paroled.

 

If no secondary evidence is available, you may submit separate written statements, signed under penalty of perjury under United States law, from yourself and from any other individuals who have personal knowledge of the circumstances of your claimed admission or parole.

 

Any statement should explain in detail when and where you came into the United States; what travel documents you had, if any; whether you showed them to the immigration inspector; any questions the immigration inspector asked; and any other details about your claimed admission or parole.

 


 

 

5. Documentation of Your Immigrant Category (see Part 2., Item Numbers 1.a. - 1.g. of Form I-485)

(이민청원서 또는 I-797 이민승인서) (취업이민 동시접수의 경우 이민청원서 I-140준비)

 

All Form I-485 applicants must submit evidence showing that they are eligible for adjustment of status in a particular immigrant category.

 

Filing as a Beneficiary of an Immigrant Petition

 

If you are filing as a beneficiary of an immigrant petition, you generally must submit a photocopy of Form I-797, Approval Notice, for your petition (or the principal applicant’s petition, if you are a derivative applicant), as appropriate.

 

If you are filing as a principal applicant and your immigrant category allows you to file Form I-485 before your petition is approved, you may submit your Form I-485 together with:

A. Your immigrant petition; OR

B. A photocopy of Form I-797, Receipt Notice, for your immigrant petition.

 

▶동시접수의 경우, 이민청원서 OR I-797승인허가서

 

If you are filing as a derivative applicant based on the principal applicant’s petition, you may submit your Form I-485 together with a photocopy of:

A. Form I-797, Approval or Receipt Notice, for the principal applicant’s immigrant petition (if applicable); AND

B. Form I-797, Approval or Receipt Notice, for the principal applicant’s Form I-485 (if applicable) or a copy of the principal applicant’s Form I-551 (Green Card) (if applicable).

Filing Your Form I-485 Based on a Category That Does Not Require an Underlying Petition

 

If you are filing your Form I-485 based on a category that does not require an underlying immigrant petition, you must submit other documentation.

 

See the Additional Instructions for more category-specific information.

 


 

 

6. Marriage Certificate and Other Proof of Relationship (혼인관계증명서 상세본 및 가족관계증명서 상세본)

 

If you are filing Form I-485 as the derivative applicant spouse of the principal applicant, you generally must submit a photocopy of your marriage certificate issued by the appropriate civil authority where the marriage took place.

 

Refugee derivative applicant spouses do not need to submit a photocopy of the marriage certificate.

 

There are also some immigrant categories that require the principal applicant to submit a marriage certificate (for example, K-1 nonimmigrants (person admitted to the United States as a fiancé(e)), abused spouses and children under the Cuban Adjustment Act (CAA), Haitian Refugee Immigration Fairness Act (HRIFA) dependents, and abused spouses and children under HRIFA).

 

See the Additional Instructions for more category-specific information.

 

If either party to this marriage was previously married, you must also submit evidence to prove the legal termination of any prior marriages, typically a divorce certificate or death certificate.

 

If a required marriage certificate (or divorce certificate or death certificate) is unavailable or does not exist, you must demonstrate its unavailability/nonexistence and provide other acceptable evidence as explained above for birth certificates.

 

If you are filing as the derivative applicant child of the principal applicant and your birth certificate does not show that the principal applicant is your parent, you must submit a photocopy of your parents’ marriage certificate, your adoption certificate, or other proof of your parent-child relationship with the principal applicant.

 

Refugee derivative applicant children, however, do not need to submit proof of the parent-child relationship with the principal applicant.

 


 

 

7. Evidence of Continuously Maintaining a Lawful Status Since Arrival in the United States (다음 중 한가지 첨부: I-797 / I-94 / I-20 / DS-2019 / 이민국스탬프 찍힌 여권페이지)

 

Anyone applying under the following immigrant categories must submit evidence to show they have continuously maintained lawful immigration status while in the United States and are therefore not barred from adjustment by INA section 245(c)(2): applicants applying under a family-based preference category or an employment-based preference category; special immigrant religious workers, Afghan or Iraqi nationals, and international broadcasters; and selectees under the Diversity Visa Lottery program.

 

Acceptable evidence may include, but is not limited to, copies of the following documents: 

A. Form I-797 approval notices for all extensions and changes of nonimmigrant status; 

B. Form I-94 Arrival-Departure Record, including printouts of paperless I-94 admissions; 

C. Form I-20, Certificate of Eligibility for Nonimmigrant (F-1) Student Status - For Academic and Language Students, or Form I-20, Certificate of Eligibility for Nonimmigrant (M-1) Student Status - For Vocational Students, including all pages containing notations by authorized school officials; 

D. Form DS-2019 (formerly IAP 66), Certificate of Eligibility for Exchange Visitor (J-1) Status, including all pages containing notations by authorized exchange visitor program officials; OR

E. Passport page with an admission or parole stamp (issued by a U.S. immigration officer).

 

Include evidence for every time you entered the United States and for the time periods spent in the United States. See the Additional Instructions for information on whether your specific immigrant category requires this evidence.

 

If you are applying as an employment-based first preference, second preference, or third preference applicant or as a fourth preference special immigrant religious worker and you believe you are exempted from this bar by INA section 245(k), you should submit evidence to prove you qualify for this exemption.

 

For more information, see www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-status.

 


 

 

8. Affidavit of Support/Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j) (Supplement J) (고용제안확인서 Supplement J는 I-140와 I-485 동시접수의 경우엔 제출할 필요 없음)

 

A. Affidavit of Support

Submit an Affidavit of Support (Form I-864) if your Form I-485 is based on your entry as a fiancé(e), a relative visa petition (Form I-130) filed by your relative, or an employment-based visa petition (Form I-140) related to a business that is five percent or more owned by your family.

 

B. Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j) (Supplement J)

If your Form I-485 is related to an employment based visa petition (Form I-140) filed in an employment-based immigrant visa category that requires a job offer, and you are filing Form I-485 after the employer filed the Form I-140 on your behalf, you must file Form I-485 Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability under INA Section 204(j) (Supplement J), together with your Form I-485. For more information about this requirement, please read the instructions to Supplement J.

 

If you are filing Form I-485 together with a Form I-140 filed on your behalf, you do not need to file Supplement J at this time.

 

▶I-140, I-485 동시접수의 경우 Supplement J를 제출할 필요없음.

 

At any time during the adjudication process, USCIS may request that you file Supplement J.

 

▶최종 판단 과정중 어느때라도 이민국은 Supplement J를 제출하라고 요구할 수 있음.

 

NOTE: Individuals seeking or granted a National Interest Waiver of the job offer requirement and individuals seeking or granted classification as an alien of extraordinary ability under INA section 203(b)(1)(A) do not need to file Supplement J.

 

Because these employment-based immigrant visa categories are not tied to a specific job offer, individuals seeking or granted classification as an alien of extraordinary ability, or seeking or granted a National Interest Waiver of the job offer requirement, do not have to file Supplement J when filing Form I-485 or to request job portability under INA section 204(j).

 

If you filed Form I-140 as a self-petitioner, you must intend to work in the occupational field specified in the Form I-140.

 

You must provide a signed statement confirming this intent, unless you are filing Form I-485 together with your Form I-140. Job Portability.

 

If you properly filed Form I-485 and it remains pending with USCIS for 180 days or more after filing, you may be eligible to “port” to a job other than the one offered in the Form I-140.

 

The new job offer must be for a permanent, full-time position in the same or similar occupational classification as the job offered in the Form I-140 that is the basis of your Form I-485.

 

You must file Supplement J in order to request such job portability.

 

For more information, please read the instructions to Supplement J. You may also visit the USCIS website at www.uscis.gov.

 


 

 

9. Evidence of Financial Support (재정보증증거, 취업이민의 경우 재정보증서 필요 없음)

 

In general, you must demonstrate that you are not likely to become a public charge.

 

This means you must show that you will be able to financially support yourself as a lawful permanent resident living indefinitely in the United States.

 

Generally, all immediate relative and family-based adjustment applicants (beneficiaries of Form I-129F, Petition for Alien Fiancé(e), and Form I-130, Petition for Alien Relative) must have a Form I-864.

 

Some employment based applicants must also have a Form I-864, Affidavit of Support Under Section 213A of the Act (whether they are beneficiaries of (1) a Form I-140, Immigrant Petition for Alien Worker, or (2) a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, if filed in relation to certain employment-based immigrant visa classifications).

 

▶(1)I-140 신청 또는 (2) I-360 신청인 경우,

(1)또는 (2)에 해당하면서 친척관계가 있는 경우에 I-864 필요

 

See the Instructions for Form I-864 to determine when Form I-864 is required and whether an exemption may be available.

 

If you are exempt from the Affidavit of Support requirement, you may need to file Form I-864W, Intending Immigrant’s Affidavit of Support Exemption.

 

For more information about Form I-864 requirements, visit www.uscis.gov/i-864.

 

For more information about the Form I-864W, visit www.uscis.gov/i-864w.

 

For more information on how receiving public benefits may impact how USCIS determines if you are likely to become a public charge, visit www.uscis.gov.

 


 

 

10. Report of Medical Examination and Vaccination Record (Form I-693) (이민국 지정병원에서 받은 신체검사 및 백신기록이 봉인된 I-693 기록)

 

Form I-485 applicants for adjustment of status are required to have a medical examination to show that they are free from health conditions that would make them inadmissible.

 

This does not apply to registry applicants and individuals born under diplomatic immunity in the United States.

 

If you are filing Form I-485 under the nonimmigrant fiancé(e), asylee, or refugee category, see the Form I-693, Report of Medical Examination and Vaccination Record, Instructions for more information on whether you need to submit the full Form I-693 or only certain parts because you already had a medical examination overseas.

 

Only a USCIS designated civil surgeon can perform this medical examination in the United States. The civil surgeon must document the results of your medical examination on Form I-693. For more information on the medical examination, see the Form I-693 Instructions.

 

You are NOT required to submit Form I-693 at the time you file your adjustment application, but may do so if you wish.

 

Because of the time-limited validity of Form I-693, you may choose to submit your Form I-693 after you file your Form I-485.

 

You may also submit Form I-693 in person at an interview in a USCIS field office, if an interview is required.

 

By waiting to submit Form I-693, you may avoid having to repeat the immigration medical examination. For more information about Form I-693 requirements, visit www.uscis.gov/i-693.

 


 

 

11. Certified Police and Court Records of Criminal Charges, Arrests, or Convictions (형사입건, 체포 또는 유죄선고된 경우 경찰기록 및 법원기록)

 

You must submit certified police and court records for any criminal charges, arrests, or convictions you may have.

 

A. If you were EVER arrested or detained by a law enforcement officer for any reason anywhere in the world, including the United States, and no criminal charges were filed, you must submit: (1) An original or certified copy of the complete arrest report; and (2) Either an official statement by the arresting or detaining agency or prosecutor’s office OR an applicable court order that indicates the final disposition of your arrest or detention;

 

B. If you were EVER charged for any reason (even if you were not arrested) anywhere in the world, including the United States, you must submit: (1) An original or certified copy of the complete arrest report; and (2) Certified copies of BOTH the indictment, information, or other formal charging document AND the final disposition of each charge (for example, a dismissal order or acquittal order);

 

C. If you were EVER convicted or placed in an alternative sentencing or rehabilitative program (such as probation, drug treatment, deferred adjudication, or community service program) anywhere in the world, including the United States, you must submit: (1) An original or certified copy of the complete arrest report; (2) Certified copies of the following: the indictment, information, or other formal charging document; any plea agreement, whether in the form of a court filing or recording in a hearing transcript; and the final disposition for each incident (for example, conviction record, deferred adjudication order, probation order); and (3) Either an original or certified copy of your probation or parole record showing that you completed the mandated sentence, conditions set for the deferred adjudication, or rehabilitative program OR documentation showing that you completed the alternative sentencing or rehabilitative program; OR

 

D. If you EVER had any arrest or conviction vacated, set aside, sealed, expunged, or otherwise removed from your record anywhere in the world, you must submit: (1) An original or certified copy of the complete arrest report; the indictment, information, or other formal charging document; any plea agreement, whether in the form of a court filing or recording in a hearing transcript; and the final disposition for each incident (for example, conviction record, deferred adjudication order, probation order); and (2) A certified copy of the court order vacating, setting aside, sealing, expunging, or otherwise removing the arrest or conviction.

 

You must disclose all arrests and charges, even if the arrest occurred when you were a minor. 

 

An adjudication of juvenile delinquency is not a “conviction” under U.S. immigration law, but a juvenile can be charged as an adult for an offense committed while a juvenile.

 

If you were convicted as an adult, there is a conviction, regardless of whether you were tried before a criminal court or a juvenile court.

 

An adjudication of juvenile delinquency could also be relevant to the exercise of discretion.

 

If you claim that an arrest resulted in an adjudication of delinquency, and not in a conviction, you must submit a copy of the court document that establishes this fact.

 

In general, you do not need to submit documentation relating to traffic fines and incidents that did not involve an actual physical arrest if the penalty was only a fine of less than $500 or points on your driver’s license.

 

However, you must submit such documentation if the traffic incident resulted in criminal charges or involved alcohol, drugs, or injury to a person or property.

 

If you are not able to obtain certified copies of any court disposition relating to Items 11.A. - 11.D., please submit: A. An explanation of why the documents are not available, including (if possible) a certificate from the custodian of the documents explaining why the documents are not available; B. Any secondary evidence that shows the disposition of the case; or Form I-485 Instructions 06/26/17 N Page 14 of 42 C.

 

If secondary evidence is also not available, one or more written statements, signed under penalty of perjury under 28 U.S.C. section 1746, by someone who has personal knowledge of the disposition.

 


 

 

12. Waiver of Inadmissibility (입국거절 면제 증거)

 

If you are inadmissible to the United States based on one or more grounds of inadmissibility outlined in INA section 212(a), you cannot adjust status unless you qualify for a waiver of inadmissibility or other forms of relief.

 

Whether or not you qualify for a waiver or other form of relief depends on the grounds of inadmissibility that apply to you and the specific immigrant category you are applying under.

 

If USCIS (or the Immigration Court, if you are in deportation, exclusion, or removal proceedings) determines that none of the grounds of inadmissibility apply to you, then you are admissible to the United States and there is no need for you to file a waiver of inadmissibility or other form of relief.

 

If USCIS (or the Immigration Court, if you are in deportation, exclusion, or removal proceedings) determines that a ground of inadmissibility does apply to you, you may need to seek a waiver or other form of relief that would eliminate the inadmissibility.

 

You can learn more about waivers and other forms of relief by reading the Instructions for Form I-601, Application for Waiver of Grounds of Inadmissibility, at www.uscis.gov/I-601, and Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal, at www.uscis.gov/I-212. Refugee and asylee applicants for adjustment of status should also see Form I-602, Application by Refugee for Waiver of Grounds of Excludability, at www.uscis.gov/I-602.

 


 

 

13. Documentation Regarding J-1 or J-2 Exchange Visitor Status (J비자 소지자일 경우 관련 서류)

 

If you previously held or currently hold J-1 (principal) or J-2 (dependent) nonimmigrant exchange visitor status, you must submit copies of all relevant Forms IAP-66 and/or Forms DS-2019, Certificate of Eligibility for Exchange Visitor (J-1) Status, ever issued to you (if available).

 

You must also submit copies of all available J-1 or J-2 nonimmigrant visas issued to you, and copies of all available Form I-94 and passport pages with entry stamps showing your admission to the United States in J-1 or J-2 status.

 

In addition, if your J status made you subject to the 2-year foreign residence requirement of INA section 212(e), you must submit documentation to show that you complied with the foreign residence requirement, have been granted a waiver of the requirement before filing Form I-485, or were issued a favorable waiver recommendation letter from DOS before filing Form I-485.

 

You can show you complied with the requirement by submitting evidence to prove you resided in the appropriate home country for at least two years since your exchange visitor program ended.

 

For information about waiver of the requirement, see the Instructions for Form I-612, Application for Waiver of the Foreign Residence Requirement.

 


 

 

14. Waiver of Diplomatic Rights, Privileges, Exemptions, and Immunities (A/G/E비자 소지자일 경우 I-508, A/G/NATO비자 소지지일 경우 I-566)          

 

If you currently hold A, G, or E nonimmigrant status and you enjoy certain diplomatic privileges and immunities as a result of that status, you must submit Form I-508, Application for Waiver of Rights, Privileges, Exemptions, and Immunities (and Form I-508F for French nationals) with your Form I-485.

 

In addition, if you have A, G, or NATO nonimmigrant status, you must file Form I-566, Interagency Record of Request - A, G or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G or NATO Status, with your Form I-485.

 


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