Adjusting Status with the help of Form I-566

Form I-566 is a supplemental form that can be used by government employee dependents to apply for working authorization, and also for principal non-immigrant visa holders to adjust their status, or change to another non-immigrant status. The form is accompanied by an I-485 application when applying for permanent residence.

What are A, G, and NATO non-immigrants?

An A-Visa is a category of non-immigrant visa allowing travel to the United States issued to ambassadors, diplomats, government officials, and their support staff. The visas are usually valid for one month.

G visa is a category of official visas issued to diplomats, government officials, and international organization employees who are visiting the United States temporarily for a governmental purpose. G visas may also be issued to immediate family members of the principal visa holder. This visa is also valid for 30 days.

The NATO-1 visa is a non-immigrant visa which allows representatives from NATO member states, their official staff, and their immediate family members to travel to United States. Recipients are normally exempt from inspection, and the visa is valid for the duration of the individual's stay in the US. 

Benefits of Form I-566

With the help of Form I-566, dependents of principal visa holders as listed above can file for employment authorization, while principal visa holders can also benefit from being eligible to adjust to permanent resident status.

One of the ways that such visa holders can apply for permanent resident status with the supplement of the I-566 is through proving there is a compelling reason for being unable to return to their country of origin. This could be because of political persecution or threats made against one's family if they were to return. Thus, in order to qualify for what is called a Section 13 Adjustment, and file the I-566, such non-immigrants also need the following in order to be eligible:

  • The applicant needs to have been admitted to the U.S. as either an A-1, A-2, G-1, or G-2 visa holder
  • The applicant failed to maintain their status
  • The applicant has a compelling reason why they cannot return to their home country
  • The applicant is a person of good moral character
  • The applicant is otherwise admissible to the U.S.
  • The applicant has performed diplomatic or semi-diplomatic duties
  • It would be in the United States best interest to grant the applicant LPR status 

How to Complete the Form

The I-566 is 8 pages in length. In Part 1, applicants need to include their name, their mailing address as well as U.S. physical address, marital status, USCIS online account number, DOS Personal ID. In addition, applicants will also need their I-94 record to enter their last arrival date in the United States, their Passport #, as well as their current immigration status (principal or dependent).

Part 2 should be completed by other dependents who are not the principal alien. In the instructions, the USCIS specifically asks that principal aliens do not complete this section.

In Part 3, depending on whether you are the principal applicant or the dependent who is filing the I-566 on behalf of a familial relationship, you will need to either choose (A) Employment Authorization or (B), Change/Adjustment of Status. For the case above as mentioned, principal G visa holders should select adjustment of status change here to adjudicate their case. Dependents are usually, on the other hand, filling out I-566 for employment authorization while their spouses/parents visa is valid in the United States.

In Part 4, the applicant who is either requesting a change in non-immigrant status, requesting a work authorization, or who is eligible for an adjustment of status needs to provide their signature, mobile number, and email address if applicable. Once this section is signed, the applicant is authorizing the release of:  

            “information contained in this request, in supporting documents, and in [their] USCIS records, to other entities and persons where necessary for the administration and enforcement of U.S. immigration law.”

In Parts 5 and 6, the applicant needs to provide personal and contact information for any preparer and/or interpreter used in completing this form.

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H-1B Visa

H-1B Visa

H-1B visa is used by businesses and organizations in the United States to employ foreign nationals with the preferred qualifications, knowledge, and expertise in a role.

I-485 Adjustment of Status

I-485 Adjustment of Status

Submit a form I-485 application to apply for lawful permanent resident status.

National Interest Waiver (NIW)

National Interest Waiver (NIW)

An applicant must either hold an advanced degree or have an exceptional ability in their field that would substantially benefit the U.S. to be qualified.