Updated Green Card Application Rules: New I-485 Form and Simultaneous Submission of Form I-693

The U.S. Citizenship and Immigration Services (USCIS) has recently announced important updates to the Green Card application process that will affect many applicants seeking lawful permanent residency in the United States. The new rules emphasize the mandatory use of the updated Form I-485 and the simultaneous submission of Form I-693, the Report of Medical Examination and Vaccination Record, when required. These changes are intended to streamline the application process and reduce delays in processing Green Card applications.

In this blog post, we will explore the key changes to the Green Card application process, what they mean for applicants, and how to ensure your application is in compliance with the latest requirements.

What is Form I-485?

Form I-485, the Application to Register Permanent Residence or Adjust Status, is the primary form used by individuals who are already in the U.S. and wish to apply for a Green Card or lawful permanent residency. This form is typically used by individuals in certain nonimmigrant visa statuses, refugees, or those who are eligible for family-based or employment-based Green Cards.

In the past, applicants could submit Form I-485 without needing to submit other forms immediately, such as the medical examination form (I-693). However, USCIS has recently updated this process to improve efficiency.

What’s New About the Updated I-485 Form?

The main update to the I-485 application process is the introduction of an updated version of Form I-485, which became mandatory for all applicants. While the form itself may appear similar to previous versions, applicants must ensure they are using the most current version as USCIS will not accept outdated forms.

Here’s what you need to know about the new I-485 form:

1. Mandatory Use of Updated Form I-485: As of the most recent update, the previous versions of the form are no longer accepted. All applicants must use the updated form, which contains new sections designed to capture more detailed and relevant information.

2. Expanded Questions: The new form includes additional questions related to national security, criminal history, and immigration violations. This is aimed at improving the thoroughness of the screening process for applicants and ensuring that all applicants meet the eligibility requirements for permanent residency.

3. Clarification on Eligibility Categories: The form has been updated to provide clearer instructions on which eligibility categories an applicant may apply under, including employment-based and family-based categories, as well as refugees, asylees, and special programs.

4. Changes to Fees: While USCIS hasn’t made significant changes to the fee structure, applicants should be aware of any adjustments that might apply to their specific case. Be sure to check the USCIS website for the most up-to-date fee schedule for Form I-485.

The New Rule for Form I-693 Submission

A significant change that will affect applicants seeking to adjust their status to permanent residency is the simultaneous submission of Form I-693, the medical examination report, when required. Under the new rule, Form I-693 must be submitted at the same time as Form I-485 if the applicant is required to submit medical evidence.

What is Form I-693?

Form I-693 is used to document the results of the medical examination required for individuals seeking to adjust their status to permanent residency. The medical examination ensures that applicants do not have any medical conditions that could make them inadmissible to the United States. It includes vaccinations, physical exams, and testing for communicable diseases such as tuberculosis (TB).

Applicants are generally required to submit Form I-693 unless they are applying under specific categories that do not require medical documentation.

Why Must I Submit Form I-693 with I-485?

USCIS has decided to require that Form I-693 be submitted simultaneously with Form I-485 in certain cases to avoid delays in processing. Here are the main reasons behind this change:

1. Faster Processing: One of the primary goals of this update is to reduce delays in the Green Card process. By having both forms submitted together, USCIS can process the applications more efficiently and potentially make decisions without needing additional documentation later in the process.

2. Improve Application Completeness: Submitting the medical examination report at the same time as the I-485 application ensures that the entire application package is complete and that USCIS has all necessary information upfront. This eliminates the need for additional requests for medical exams later on.

3. Avoid Additional Requests for Evidence (RFEs): In the past, many applicants would submit Form I-485 first and wait until later to submit Form I-693, only to receive an RFE (Request for Evidence) asking for the medical examination form. Submitting both forms at the same time helps applicants avoid this potential delay and improves the chances of a smooth application process.

Who Is Required to Submit Form I-693?

Form I-693 is generally required for individuals applying for adjustment of status to lawful permanent resident, but there are certain exemptions. You will need to submit this form if:

• You are applying for permanent residency (Green Card) in the U.S.

• You are over the age of 2 years and applying under a category that requires a medical exam (such as family-based or employment-based immigration).

However, you may not need to submit Form I-693 if:

• You have already submitted the form to USCIS within the past 2 years and it is still valid.

• You are exempt from the medical examination requirement under certain immigration categories (for example, if you’re a refugee or certain individuals from countries with waived vaccination requirements).

What Happens if I Don’t Submit Form I-693 with Form I-485?

Failing to submit Form I-693 along with Form I-485, when required, may result in a significant delay in processing your Green Card application. Here’s what you might expect:

1. Request for Evidence (RFE): USCIS may issue an RFE asking you to submit Form I-693 before they can proceed with your application. This can delay your application by several months, as you will need to obtain a new medical examination and vaccination report from an approved physician.

2. Denial of Application: In some cases, if the medical exam and vaccinations are not provided as requested, your Green Card application may be denied due to missing or incomplete documentation.

Conclusion

The updated Green Card application rules, including the mandatory use of the new Form I-485 and the simultaneous submission of Form I-693, are designed to improve the efficiency and integrity of the Green Card process. Applicants who are seeking to adjust their status to lawful permanent residency should familiarize themselves with these changes to ensure their applications are processed without delays.

At Canero Fadul Reis Law, we are committed to helping our clients navigate the complexities of U.S. immigration law. If you have any questions about the Green Card application process or need assistance with your Form I-485 or Form I-693, please contact us today for expert guidance and support.