I485: Evidence of Continuously Maintaining a Lawful Status Since Arrival

[juliusross]

Hi,

I am having trouble what is being asked for on the I485-form under

"7. Evidence of Continuously Maintaining a Lawful Status Since Arrival in the United States"

My question is how far back is this evidence meant to go (i.e. what does "since arrival" mean)?

In my case I have a current H1B (since July 2017) and am applying for adjustment of status (employment based). My current passport has all the necessary evidence that goes back to about 2014 (which is longer than the online I94 arrival/departure record).

Am I being asked to evidence further back with copies of all my older passports? I have previously (10 years ago) held H1B and J1 visas?

Many thanks for any advice.

Julius

[UScitizenFilingforspouse]

Please read the instructions which are a separate 57-page document. Here is the link. https://www.uscis.gov/sites/default/...i-485instr.pdf

There is an explanation for every section. So make sure that you read the explanation for EACH SECTION. Do not attempt to fill out the I-485 without reading all 42 pages of the instructions. Avoid an RFE - please.

*The answer to your question is on page 11 of 42.

All the best,

USCFFS

[juliusross]

Please read the instructions which are a separate 57-page document. Here is the link. https://www.uscis.gov/sites/default/...i-485instr.pdf

There is an explanation for every section. So make sure that you read the explanation for EACH SECTION. Do not attempt to fill out the I-485 without reading all 57 pages of the instructions. Avoid an RFE - please.

*The answer to your question is on page 11 of 57.

All the best,

USCFFS

Thank you for this. I have been reading the instructions carefully, and I just want to be clear: when the instructions say "Include evidence for every time you entered the United States and for the time periods spent in the United States." am I to understand this as "every time in my entire life" or "every time since first arriving on my current visa"?

[UScitizenFilingforspouse]

Thank you for this. I have been reading the instructions carefully, and I just want to be clear: when the instructions say "Include evidence for every time you entered the United States and for the time periods spent in the United States." am I to understand this as "every time in my entire life" or "every time since first arriving on my current visa"?

You read all 42 pages already? That was fast.

The instructions state "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."

[juliusross]

You read all 42 pages already? That was fast.

The instructions state "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."

Perhaps it would have helped if in the original post I had mentioned that I have already read the instructions (at least twice) carefully and am going through page-by-page. I know the line above (as is written), and that this evidence is necessary for my immigrant category. It is the interpretation of the line that I have been asking about.

On the better-safe-than-sorry I will likely include evidence for every time I have ever entered the USA in my life. I am still curious, however, if anybody knows for sure what is actually needed.

[Tamere]

Unfortunately I don't have the answer to your questions; however, I can attest to the issue you mention here. In my case I submitted evidence for all time periods spent in the united states including prior to last arrival. I don't know if it was required. My problem with the instructions is I can not actually figure out which category that line refers to when it says:

"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."

I read through all the categories and actually cant find any category that specifically requires evidence of continuously maintaining a lawful status prior to last arrival. There are physical presence requirements in other categories but those don't really include the lawful presence language. To be safest I would just submit it all evidence for all time periods spent.

I hope someone else can give you a clearer answer.

[UScitizenFilingforspouse]

Perhaps it would have helped if in the original post I had mentioned that I have already read the instructions (at least twice) carefully and am going through page-by-page. I know the line above (as is written), and that this evidence is necessary for my immigrant category. It is the interpretation of the line that I have been asking about.

On the better-safe-than-sorry I will likely include evidence for every time I have ever entered the USA in my life. I am still curious, however, if anybody knows for sure what is actually needed.

You may have to go to an attorney for that. Any info you get from this forum is just an opinion at the end of the day - unless it is backed by a law degree and license to practice law.

They won't reject your filing for submitting EVERYTHING. However, they will reject it if something is missing. I would just submit everything you have available. The CBC website can retrieve up to 10 years of your travel history (I think).

[juliusross]

You may have to go to an attorney for that. Any info you get from this forum is just an opinion at the end of the day - unless it is backed by a law degree and license to practice law.

They won't reject your filing for submitting EVERYTHING. However, they will reject it if something is missing. I would just submit everything you have available. The CBC website can retrieve up to 10 years of your travel history (I think).

Thank you to both of you. @Tamere -- you hit the nail on the head in that the instruction are confusing at this point. Being told what is required in practice is what one would pay an attorney for, but it seems a pity the instructions are not clear to a layperson.

In case it helps anybody else reading this, I know of one other person who only submitted this information as far back as their current visa and it was OK. But that, of course, does not mean it is OK for every circumstance.

[newacct]

You're doing AOS in an employment-based category, so INA 245(k) applies, which means you only need to show that you haven't been out of status or working illegally for more than 180 days since your most recent admission. So evidence of maintaining status during past stays shouldn't be needed.