Understanding Bona Fide Status RFEs

I-485 bona fide status inquiries represent serious concerns. USCIS issues these Requests for Evidence when questioning whether you maintained lawful status before filing I-485. Status maintenance is critical. Working without authorization, overstaying visas, or violating status conditions makes you inadmissible for green cards unless you qualify for specific exceptions.

I-485 RFE status maintenance requests ask for complete immigration history documentation. USCIS wants to see your status from the moment you entered the United States through your I-485 filing date. Any gaps, violations, or unclear periods trigger inadmissibility concerns. Employment-based applicants face particular scrutiny. Family-based immediate relatives of US citizens receive more forgiveness.

The RFE typically requests specific documents including all I-94 records, visa stamps, status approval notices, employment authorization documents, and pay stubs showing authorized work. USCIS examines these materials for inconsistencies. Working before receiving employment authorization creates problems. Staying beyond I-94 expiration without pending status extensions causes inadmissibility.

Common triggers for bona fide status RFEs include job changes during H-1B status, transitions between schools on F-1 visas, periods between status approvals, or any suggestion of unauthorized employment. Understanding why USCIS questions your status helps craft complete responses addressing all concerns.

Beyond Border helps clients respond to bona fide status RFEs with comprehensive documentation proving continuous lawful status throughout their entire US history.

Compiling Lawful Status Evidence

I-485 lawful status evidence requires meticulous documentation assembly. Start with all I-94 arrival/departure records. Electronic I-94s are available at cbp.gov/i94. Print every entry and departure record from your first US arrival through present. Include both electronic I-94s and paper I-94s attached to older passports. These prove your admission dates, status types, and authorized periods.

Collect all visa stamps from current and expired passports. Photocopy every page showing US visas regardless of status type. Multiple H-1B visas, F-1 student visas, or other stamps demonstrate your visa history. Include visa denial notices if any exist. USCIS already knows about denials through database access. Hiding them appears dishonest.

Gather all status approval notices including I-797 approvals for H-1B petitions, F-1 initial approvals, change of status approvals, extension approvals, or any other immigration benefits. These notices prove authorized status during specific periods. Organize them chronologically. Create a timeline document mapping each status period with supporting approval notices.

Employment authorization documents include EAD cards from previous adjustment applications, OPT work permits for F-1 students, or automatic work authorization from certain visa categories. Collect all past and current work authorization documents. Include approval notices for EAD applications showing filing dates and approval dates.

Beyond Border assists clients in comprehensive evidence gathering ensuring complete status documentation from entry through present without gaps.

Addressing Status Gaps

I-485 status gaps documentation requires careful explanation. Some gaps appear innocuous but raise red flags without proper context. For example, changing from F-1 to H-1B status often creates apparent gaps. Your F-1 ended but H-1B didn't start until later. This is permissible through cap-gap extensions or timely H-1B approvals.

60-day grace periods provide cushion for status transitions. H-1B and F-1 visa holders receive 60 days after employment termination or program completion to depart the United States or change status. If you filed change of status applications within this 60-day period, you maintained lawful status. Document this with termination letters, change of status filing receipts, and grace period calculations.

Pending status extension applications also maintain status. If you filed H-1B extensions before your current H-1B expired, you remain in lawful status for up to 240 days while awaiting decisions. This is called "bridge" status. Prove this with extension filing receipts, previous approval notice showing expiration date, and timeline showing filing occurred before expiration.

Unlawful presence calculations differ from status violations. Brief technical status violations might not create unlawful presence if resolved quickly. However, I-485 visa status violations still cause inadmissibility concerns requiring waivers in some cases. Distinguish between unlawful presence triggering 3-year or 10-year bars versus status violations making adjustment inadmissible.

Beyond Border analyzes status gaps identifying lawful explanations and assembling documentation proving continuous authorized presence despite apparent gaps.

Handling Unauthorized Employment Issues

I-485 unauthorized employment proof creates the most serious inadmissibility problems. Working without proper authorization violates status. Even one day of unauthorized work technically makes you inadmissible for adjustment of status. USCIS increasingly scrutinizes employment history through tax returns, W-2 forms, and social security earnings reports.

Immediate relatives of US citizens receive forgiveness for unauthorized employment. If you're adjusting status as spouse, parent, or unmarried child under 21 of a US citizen, unauthorized work doesn't bar adjustment. Other categories face strict enforcement. Employment-based adjustment applicants, family preference categories, or diversity visa adjusters cannot overcome unauthorized employment without waivers in limited circumstances.

Common unauthorized employment scenarios include starting work before H-1B approval, working during F-1 OPT application pending period beyond 90 days, exceeding authorized hours on F-1 status, or performing unauthorized job duties outside H-1B petition scope. Each creates inadmissibility concerns. Document that you did not work without authorization through pay stub dates, employment start dates, and work authorization validity periods.

If unauthorized employment occurred, address it directly. Explain circumstances, acknowledge the violation, and emphasize that you qualify for forgiveness as immediate relative or meet other exceptions. Hiding unauthorized employment when USCIS discovers it through tax records creates credibility problems compounding inadmissibility issues.

Beyond Border evaluates employment history identifying any unauthorized work concerns and developing strategies addressing them appropriately based on your adjustment category.

Organizing I-94 and Entry Records

I-485 I-94 record requirements form the foundation of status proof. Electronic I-94 retrieval at cbp.gov/i94 provides admission records for entries after April 2013. Search using passport number, name, and date of birth. Print all I-94s associated with every passport you've used. Multiple passports from passport renewals require separate searches.

Paper I-94s attached to older passports document pre-2013 entries. These small white or green cards stapled to passport pages show admission dates, visa classes, and authorized periods. Photocopy every paper I-94 clearly showing all information. Some faded with age. Use high-quality scanning if necessary making all text legible.

Create a comprehensive entry-departure log listing every trip outside the United States during your entire US history. Include departure dates, return dates, length of absence, and purpose of travel. Cross-reference this log with I-94 records and passport stamps. Consistency demonstrates credibility. Discrepancies require explanation.

Border crossing records sometimes show additional information beyond standard I-94s. Canadian and Mexican land border entries might lack formal I-94s. Explain these entries with passport stamps, travel documents, or affidavits describing border crossing circumstances. USCIS understands land border processes differ from airport entries.

Beyond Border helps clients retrieve complete I-94 histories, organize entry documentation, and create comprehensive travel timelines proving lawful admission and status maintenance.‍

Frequently Asked Questions

What documents prove bona fide status for I-485? Bona fide status proof requires I-94 records, visa stamps, status approval notices, employment authorization documents, pay stubs, and continuous documentation showing lawful presence from entry through I-485 filing.

How do I respond to I-485 RFE about status maintenance? Respond with complete immigration history including all I-94s, visa approvals, status extensions, employment authorization proof, and explanations of any gaps with supporting change of status or grace period documentation.

Does unauthorized employment prevent green card approval? Yes, unauthorized employment creates inadmissibility except for immediate relatives of US citizens who receive forgiveness, making employment history documentation critical for I-485 adjudication.

Where do I get I-94 arrival/departure records? Electronic I-94 records are available at cbp.gov/i94 using passport information for entries after April 2013, while paper I-94s attached to older passports document earlier entries.

What if I have gaps in my status history? Gaps require explanation with documentation showing 60-day grace periods, pending status extensions, cap-gap coverage, or other lawful circumstances maintaining authorized presence despite apparent gaps.