The information on Form I-485 will be used to request and determine eligibility for adjustment of permanent residence status. Supplement A is used to adjust status under section 245(i) of the Immigration and Nationality Act (Act).
On Wednesday, July 29, 2020, DHS was enjoined by the U.S. District Court for the Southern District of New York from enforcing, applying, implementing, or treating as effective the Public Charge Final Rule, which was implemented on February 24, 2020. USCIS has been advised by the U.S. Department of Justice that the nationwide injunction covers the use of this information collection instrument approved with the Public Charge Final Rule. In light of the injunction, USCIS will need to revise this form to remove the information collection elements added pursuant to the Public Charge Final Rule.
There is an increase in the estimated annual hour burden due to Section 7611 of the National Defense Authorization Act for Fiscal Year 2020 (NDAA 2020), Liberian Refugee Immigration Fairness (LRIF), which increased the number of respondents who may file the I-485 and are subject to Biometrics Processing. Additionally, the LRIF population will need to provided evidence to comply with the LRIF Special Instructions. USCIS estimated that across the total I-485 respondent population that the average response time would increase as well.
Similarly, there is an increase in the estimated annual cost burden due to NDAA 2020, LRIF, which increased the number of respondents who may file the I-485.
There are no other program changes.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.