Filing Form I-698 For a Temporary U.S. Resident

If you are in the United States as a temporary resident under section 245A of the Immigration and Nationality Act (INA), you can apply to become a permanent resident by filing Form I-698 to United States Citizenship and Immigration Services (USCIS).

What Is Form I-698?

You are able to apply for U.S. adjustment of status with Form I-698. This is the form that you will use to apply for adjustment to permanent status through the USCIS amnesty program. The amnesty application form is provided because of an amendment to Section 245A of the Immigration Reform and Control Act of 1986.

You can use Form I-698 to apply to adjust to lawful permanent resident status. In order to apply for this form, you must have been granted temporary residence under section 245A of the INA. When you are granted permanent residency, you will receive a temporary I-551 stamp and eventually an official green card.

Under Section 1255 of the INA, you can apply to adjust your status if you have been approved as a Violence Against Women Act (VAWA) self-petitioner.

VAWA was put in place to help women who are victims of domestic abuse fight deportation and adjust their status to permanent residency. It is possible to continue your immigration journey without having to rely on your abusive partner. Residency can be achieved outside of your domestic relationship.

If you have any questions about VAWA, reach out to the immigration lawyers here at our office for legal assistance.

Who Can File Form I-698?

If you are a temporary U.S. resident, you may be able to apply. You must be a temporary U.S. resident under section 245A of the INA, specifically subsection 8 USC 1255a. If you are not sure if you are a Section 245A INA temporary resident, ask your immigration attorney for clarification.

You must meet the USCIS eligibility requirements to qualify for Form I-698. To apply for the adjustment of status with USCIS Form I-698, make sure:

• You are applying for lawful permanent residency using Form I-698 within the eligible time frame. You have one year (12 months) to apply using Form I-698. The Form I-698 application period starts 19 months after you have been granted temporary resident status. If you have any questions about your status or date of temporary residency, again check with your immigration attorney.
• You have stayed in the United States once you became a temporary resident. You need to prove to USCIS that you kept your residency.
• USCIS will not accept your application if you left the U.S. for 30 days in a row or for 90 days total.
• You can prove that you are admissible to the U.S.
• You have not been convicted of a felony in the United States.
• You have not been convicted of three or more misdemeanors in the United States.
• You meet the requirements of section 312 of the INA, meaning that you must prove your ability to read, write, and speak English, as well as having a knowledge of U.S. history and government or are taking a course about English and United States government and history, as recognized by USCIS.

When establishing admissibility, note that the following may not be waived, meaning you may be found inadmissible if you are involved in:

• Crimes of moral turpitude
• Have a history of trafficking drugs or other substances
• Multiple criminal convictions
• Crimes involving drugs or other controlled substances*
• Security issues
• Public charges

*Having a single offense may not count as a crime involving controlled substances. You may still be found admissible if you have simple possession of 30 grams or less of marijuana.

Due to the nature of Section 245A of the INA, you may still be eligible for adjustment of status even if you are found inadmissible under section 212(a)(4) of the INA if you can prove that you have supported yourself without U.S. government aid through your employment history.

How to Fill Out Form I-698

Form I-698 has eight sections. Below are step-by-step instructions on how to fill out Form I-698, Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A of the INA).

Tips for How to Fill Out Form I-698 Before You Start

Make sure that you fill out the form fully, including signing and dating it. USCIS will reject any application that is not signed. Fill out the form in black ink.

It is important to also make copies of your Form I-698 to keep for yourself. Any additional evidence you include should be copies of original documents. Only submit copies unless USCIS tells you to submit original documents.

Do not worry about running out of room. If you need extra space, you are allowed to add material in Section 8 of the form. You can also attach a separate piece of paper. If you do choose to attach another sheet of paper, include:

• Your A-number at the top
• The page number
• The part number which you need more room to complete
• The item number
• Your signature and date

It’s important to fill out the form with complete honesty. If you do not know how to answer any section of the form, consult with your immigration attorney.

Section 1

Part 1 of Form I-698 is information about you. In this section, you will provide your:

• Last, first, and middle names
• Name on your Form I-766, Employment Authorization Document (EAD), and a reason if your legal and EAD names are different
• Any other names used
• S. mailing and physical addresses
• A-number, if any
• Social security number, if any
• Date of birth
• Gender
• Place of birth
• Country of citizenship
• Mother’s and father’s names
• Marital status
• Dates of any absences from the United States since obtaining temporary residency

If your absences from the U.S. are over the maximum allowed time, you can explain why you exceeded this time limit in Section 8.

Section 2

Part 2 of Form I-698 is your biographic information. In this section, you will include your:

• Ethnicity
• Race
• Height
• Weight in pounds
• Eye color
• Hair color

Section 3

Section 3 of Form I-698 is titled “Eligibility Standards.” In this section, you need to indicate whether you have a minimal understanding of English as well as knowledge of U.S. history and U.S. government.

Part 3 is also where you answer questions about being admissible or inadmissible for adjustment of status. For example, the form asks if you have ever been to jail or prison, if you have ever been treated for a mental disorder, drug addiction, or alcoholism, and if you have ever been convicted of a crime or offense.

If you answer “yes” to any of the questions, then you will need to provide an explanation as to why you marked “yes.”

And remember, just because you marked “yes” does not mean that you cannot adjust your status.

Section 4

Part four is titled “Accommodations for Individuals with Disabilities and Impairments.” In this section, you will indicate whether you:

• Are deaf or hard of hearing
• Are blind or have low vision
• Have another type of disability or impairment

Marking these indicates all accommodations you need to request.

Section 5

Part 5 is where you sign Form I-698, letting USCIS know that you understand the form’s purpose. Your signature means that you are aware of your Application Support Center (ASC) appointment, which is when you will be fingerprinted and re-affirm the information you provided on the form.

Make sure you sign and date the form. This is extremely important.

If you use an interpreter or preparer, you will provide some information about your fluent language and who your interpreter/preparer was.

Section 6

You will put your interpreter’s address and contact information in part 6 of Form I-698. They will need to sign and date the form as well.

Section 7

Similar to part 6, part 7 gives you space to list the preparer’s address and contact information. They, too, will need to sign the form.

Section 8

If you need to include any additional information, you will do so in Part 8 of Form I-698. Remember, you can use a separate sheet of paper and attach it to the form.

Additional Evidence for Form I-698

In addition to the physical Form I-698, you must submit two passport-style photographs. The photos need to be:

• 2×2 inches in height and width
• In color with a white or off-white background
• A full-face frontal view

Write your name and A-number on the back of each passport-style photo.

How Much Is the I-698 Application Form?

The fee for Form I-698 is $1,670. There is an additional $85 fee for a biometrics appointment, if you are required to provide biometrics. Including the biometrics fee for Form I-698, the total Form I-698 price is $1,755.

I-698 Processing Time

The typical processing time for Form I-698 is up to six months after you have submitted your form to USCIS. Form I-698 processing times can vary, so continue to check in with your immigration attorney for updates.

You can also request to receive electronic notifications from USCIS. File Form G-1145 to receive an email or text notification when USCIS receives your Form I-698.

Contact an Immigration Attorney Today

Applying for adjustment of status using Form I-698 can be a confusing process. Alleviate your stress and get the help you need by working with the experienced immigration attorneys at Scott D. Pollock & Associates, P.C.

We work on all immigration and naturalization processes, including U.S. removal proceedings and immigration litigation. Form I-698 is one of many immigration forms. If you have any questions about your Form I-698 application or any other immigration inquiries, give us a call today.

Contact us at 312.444.1940 or fill out an online contact form. We look forward to hearing from you!

Temporary Protected Status

If you or a loved one is eligible for temporary protected status (TPS), reach out to our immigration attorneys today. We can help you file Form I-821 right away.