TN VISA WORKERS FILING FOR ADJUSTMENT: DON’T FORGET YOUR AFFILIATIONS/MEMBERSHIPS

According to information recently published by AILA, USCIS is now issuing Requests for Evidence (RFE) where individuals do not complete or indicate “none” in the I-485 adjustment of status application section on memberships or affiliations (Part 3, Question C). See AILA InfoNet Doc. No. 13092448 (posted Sep. 24, 2013).

While responding to this type of RFE may be straightforward, the issuance of an RFE can pose a problem for some applicants, e.g. TN visa applicants waiting for approval of their I-765 employment authorization application. The issuance of an RFE generally puts a hold on the adjudication of the application until a response to the RFE is submitted.

AILA is also reporting that during naturalization interviews some USCIS officers will compare the membership and affiliation information provided on the Form I-485 with the response the applicant provided to a similar question on the N-400 naturalization application. It is, therefore, important to make sure responses to these questions on both forms are accurate and consistent.