Finnan, Fleischut & Associates

USCIS eliminates receipt requirement for

H/L Adjustment Applicants

Effective November 1, 2007, the United States Citizenship and Immigration Services (USCIS) will no longer require those I-485 Adjustment of Status applicants who are eligible to travel and return to the U.S. in H and L non-immigrant visa status to carry I-485 Adjustment of Status (AOS) filing fee receipts when returning to the U.S. from travel abroad. 

Specifically, USCIS has promulgated a regulatory change to remove the requirement that an H or L non-immigrant present an original Form I-797 receipt notice that evidences a pending AOS application, when being re-admitted to the U.S. following a trip outside the country.  Removal of that requirement also removes the danger that an H- or L- eligible adjustment of status applicant could be deemed to have abandoned his/her I-485 status by departing the U.S. without having either the filing receipt or Advance Parole authorization in hand.

This change applies to accompanying family members in H-4 or L-2 status, as well as to H- or L- principal applicants.