USCIS Electronic Immigration System (ELIS)

USCIS is coming up with a new system to transform their paper-based system into an electronic one. They are in the testing stage of what they call, “a simplified, Web-based system that will allow customers to submit and track their applications online and enhance USCIS’ ability to process cases with greater accuracy, security and timeliness.”
The USCIS will bring about this transformation in stages, releasing periodically various immigration forms or adding functionality to what already exists. The first release will be immigration form I-539, Application to Extend/Change Nonimmigrant Status. There has been a delay in the release of this form in the electronic version and USCIS has announced that it will keep the public informed about the new schedules. They intend to do more testing on this form to ensure the a quality release. Once the I-539 is released, it will be the platform for the development of other benefits in this system.
USCIS has posted a video on their website which demonstrates how a customer can set up an account online, and use this new feature to submit the Form I-539 online. This video demonstrates the key features. It is to be noted that this is not the final version and that USCIS may come out with a different system than shown on the video depending on the feedback they receive

Travel Document Form I 131 Updated by USCIS

Form I-131, Application for Travel Document is an immigration form used to apply to the USCIS for one of the following:

1. Re-entry Permit – this allows a green card holder or a conditional green card holder to enter the U.S. from abroad without having to produce a returning resident visa. The validity of this permit is stamped on the permit and may not be used for seeking admission into the U.S. on its expiry.
2. Refugee Travel Document – is issued to a refugee or an asylee and allows them to re-enter the U.S. after a temporary stay abroad.
3. Advance Parole Document – is used to authorize a person to be temporarily be paroled into the U.S. This document may be considered by transport organizations in lieu of a visa, but not in lieu of a passport.

Form I-131 Updated

USCIS has recently updated the form I-131, Application for Travel Document. The current edition is dated 11/05/11. However, USCIS mentions on its website that editions dated 11/23/10; 02/12/10; 07/14/09; 03/24/09; 10/30/08; 05/27/08; 02/26/08 are also accepted.

Please ensure you are using the right form when you are filing for any immigration benefit.

What is the USCIS?

The Unites States of America is often described as a “Melting Pot”. People from all over the world immigrate here in search of a better life for themselves and/or their families. Others come here seeking an advanced education at our colleges and universities. The U.S. Citizenship and Immigration Services (USCIS) is the federal agency assigned in overseeing the lawful immigration of foreign nationals who are temporarily or permanently settling in the United States and is responsible for granting or denying immigration benefits to those individuals. But besides legal entry, the USCIS also tackles those that illegally enter the United States, making sure that those individuals do not receive benefits, such as social security or unemployment benefits, and investigating, detaining, and deporting those illegally living in the United States.

The U.S. Citizenship and Immigration Services (USCIS) was established on March 1, 2003 and is under purview of the Department of Homeland Security (DHS). Before that date, the Immigration and Naturalization Service (INS) was responsible for all things related with immigration, including administrative and investigative functions. After the events of September 11, 2001, the U.S. Congress passed into law the Homeland Security Act of 2002, which led to the dismantling of the INS into three agencies within the DHS to enhance national security and improve efficiency: the US Citizenship and Immigration Service (USCIS), which is responsible for immigration service functions, such as those listed below; and the Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) bureaus, which handle immigration enforcement and border security functions. The USCIS was briefly named the US Bureau of Citizenship and Immigration Services (BCIS), before becoming USCIS.

Unlike most other federal agencies, the majority of the USCIS’ budget (99%) comes from fees the USCIS collects from processing millions of immigration benefit applications and petitions annually.

Some of the services provided by the the U.S. Citizenship and Immigration Services (USCIS) are:

* Citizenship (Includes the Related Naturalization Process): Individuals who wish to become US citizens through naturalization submit their applications, such as the Form N-400, to the US Citizenship and Immigration Service. The USCIS determines eligibility, processes the applications and, if approved, schedules the applicant for a ceremony to take the Oath of Allegiance. The USCIS can help in determining the eligibility and provide documentation of U.S. citizenship for people who acquired U.S. citizenship through their parents by using Form N-600.

* Immigration of Family Members: USCIS also manages the process that allows current permanent residents and US citizens to bring close relatives to live and work in the United States by submitting forms such as the Form I-130.

* Working in the US: USCIS manages the process that allows individuals from other countries to come and work in the United States. Some of the opportunities are temporary, and some provide a path to a green card (permanent residence).

* Verifying an Individual’s Legal Right to Work in the United States: USCIS manages the system that allows participating employers to electronically verify the employment eligibility of their newly hired employees.

* Humanitarian Programs for Asylees and Refugees: USCIS administers humanitarian programs that provide protection to individuals inside and outside the United States who are displaced by war, famine and civil and political unrest, and those who are forced to flee their countries to escape the risk of death and torture at the hands of persecutors.

* Adoptions: USCIS manages the first steps in the process for US citizens to adopt children from other countries.

* Civic Integration: USCIS promotes instruction and training on citizenship rights and responsibilities and provide immigrants with the information and tools necessary to successfully integrate into American civic culture.

Travel Document Form I 131 Updated by USCIS

Form I-131, Application for Travel Document is an immigration form used to apply to the USCIS for one of the following:

1. Re-entry Permit – this allows a green card holder or a conditional green card holder to enter the U.S. from abroad without having to produce a returning resident visa. The validity of this permit is stamped on the permit and may not be used for seeking admission into the U.S. on its expiry.
2. Refugee Travel Document – is issued to a refugee or an asylee and allows them to re-enter the U.S. after a temporary stay abroad.
3. Advance Parole Document – is used to authorize a person to be temporarily be paroled into the U.S. This document may be considered by transport organizations in lieu of a visa, but not in lieu of a passport.

Form I-131 Updated

USCIS has recently updated the form I-131, Application for Travel Document. The current edition is dated 11/05/11. However, USCIS mentions on its website that editions dated 11/23/10; 02/12/10; 07/14/09; 03/24/09; 10/30/08; 05/27/08; 02/26/08 are also accepted.

Please ensure you are using the right form when you are filing for any immigration benefit.

How To Start the Green Card Renewal Process

On 12.08.09, In , By Immigration Direct

How do I start the Green Card renewal process?
This article provides information to help you determine if you need to renew your Green Card. It also explains the Green Card renewal process.
What is a Green Card?
A Green Card, also called a permanent resident card, shows your proof of legal status as a permanent resident in the United States. It is a card about the size of a credit card and contains your photo as well as other information about you. As a permanent resident, you are required to carry your Green Card with you at all times. This card may also be referred to as Form I-551.
Do I need to renew my Green Card?
You will need to renew your green card if it is within six (6) months of expiring or if it has already expired.
If you are a conditional permanent resident and your Green Card is expiring, you should not file for Green Card renewal using Form I-90, Application to Replace Permanent Resident Card. You will need to file Form I-751, Petition to Remove Conditions on Residence. When your Petition to Remove Conditions on Residence is approved, you will receive a new Green Card valid for ten (10) years.
How do I renew my Green Card?
Form I-90, Application to Replace Permanent Resident Card, is used for Green Card renewal. This form is also used to replace Green Cards that are damaged, stolen, or contain incorrect information. Remember that if you have a current, unexpired Green Card, you should wait until it is within six (6) months of expiring before you file Form I-90, Application to Replace Permanent Resident Card.
USCIS allows Form I-90 to be filed online or by mail. When completing Form I-90 to renew your Green Card, you will need to provide information about how you became a permanent resident. You will also need to include a copy of your current or expired Green Card.
The USCIS may request further information from you after you file Form I-90 if there is any information missing from your Green Card renewal application. When USCIS approves the application, it will mail a new Green Card to the mailing address you provided.

Most Common Immigration Scams

Marriage to a U.S. Citizen remains one of the most common types of immigration scams to date. Marrying a U.S. Citizen under false pretenses to get into the United States does not stop some people from pursuing this federal crime option. It remains one of the most common paths to gain a Green Card or U.S. Citizenship for some foreign nationals.
Another common immigration scam is through the U.S. visitor visa process. Applying for such a visa with wrong intentions is immigration fraud. A visitor visa is intended for temporary stay in United States yet some apply for a visitor visa with the intentions of coming to the U.S. to seek work or marriage. But this type of immigration scam commonly leads to denied entry into the U.S. and immediate deportation. The individual could even be banned from the U.S. entirely if it is determined that there was wrongdoing.
Still another form of immigration scams involves the printing of green cards. This type of scamming is currently on the rise. Why is it so? Many feel they have no option to gain employment and obtain a black market green card. For those that resort to this type of immigration scam it is most likely due to an existing criminal background history or they entered the U.S. illegally and therefore making them illegible for a legitimate green card.
Others, who may be desperate for a Green Card, unknowingly fall victim to immigration scams. The following are some helpful hints to help you avoid becoming a victim of immigration scams:
• DO NOT sign any blank papers or documents that you do not understand
• DO NOT sign any documents that contain false or inaccurate information
• DO NOT let anyone keep your original documents
• DO make photocopies of all documents prepared or submitted for you
• DO get a receipt any time you pay someone to assist you in completing or submitting forms
• DO verify that your attorney is licensed or your representative is accredited by Board of Immigration Appeals (BIA)
There are many options available to approaching the U.S. Immigration process in a legal manner. The legal way is the best way.

Follow-to-join: What It Is and Who Qualifies

On 12.23.09, In , By Immigration Direct

Follow-to-join: What It Is and Who Qualifies
If you were married or had a child before you became a permanent resident and your spouse or child did not accompany you to the United States when you initially entered as a permanent resident, your spouse or child may be eligible to follow-to-join.
The follow-to-join benefit allows your spouse and children to obtain status as permanent residents even though they did not obtain this status when you did.  This benefit is available to spouses and children of permanent residents who obtained permanent residency through a family-based preference petition, an employment-based petition, or the diversity visa lottery.  If you obtained permanent residence based on an immediate relative petition, your spouse and children are not eligible to follow-to-join.
Spouses and children who are following-to-join are not required to file a separate Immigrant Petition.  They will be granted permanent residency in the same preference category as their permanent resident relative.  If you are a permanent resident, your spouse or child may qualify to follow-to-join:

• If the family relationship existed prior to the time you became a permanent resident;
• If your spouse or child was outside of the US when you entered the US as a permanent resident; and
• If your spouse or child enters the US at least four months after your entry as a permanent resident.

Children must be unmarried and under 21 years of age in order to qualify for the follow-to-join benefit.  They must be your children by either birth, marriage, or adoption before you became a permanent resident.  Children born after you became a permanent resident will not qualify to follow-to-join.
To take advantage of the follow-to-join benefit, you will need to file Form I-824, Application for Action on an Approved Application or Petition, with the USCIS Service Center that adjudicated your application for permanent residence.  You will need to file this with proof of your status and your spouse’s or child’s eligibility to follow-to-join.  Your application will be forwarded to the appropriate US consulate so that your spouse and child(ren) can apply for their immigrant visas.  Your spouse and child(ren) will need to appear at the consulate for an interview at which time a consular officer will determine if they are admissible to the United States.  If their applications are approved, they will be given immigrant visas, allowing them to enter the US and join you as permanent residents.

How To Get Proof of U.S. citizenship

U.S. citizenship carries a wealth of benefits and privileges, including the ability to travel without a visa to many countries, the right to vote in federal, state and local elections, and greater eligibility to qualify for federal benefits and jobs. In order to qualify for these benefits, one must be able to provide proof of citizenship.
Proof of citizenship can be documented in a variety of ways. Among the most common documents that establish US citizenship are:

• A U.S. Birth Certificate;
• A U.S. Passport;
• A Certificate of Citizenship; and
• A Naturalization Certificate.

If you were born in the United States, you were a US citizen at birth. You do not need to apply to USCIS for any evidence of citizenship. Your birth certificate (issued where you were born) is proof of your citizenship.
If you are not a U.S. citizen by birth or did not acquire U.S. citizenship automatically after birth, you may still be eligible to become a citizen through the normal naturalization process. Qualifying individuals who are 18 years and oder may submit an “Application for Naturalization” (Form N-400) to become naturalized citizens. If you are already a naturalized U.S. citizen, then a copy of your naturalization certificate will prove your citizenship.
How do I prove U.S. Citizenship if I was born outside the U.S. to U.S. Citizen parents?
If you were born outside the United States, but one or both of your parents were U.S. citizens when you were born, you may still be a U.S. citizen. This is called citizenship through derivation. There are usually additional specific requirements, and sometimes citizenship can be through a combination of a parent and grandparent.
Whether or not someone born outside the U.S. to a U.S. citizen parent is a U.S. citizen depends on the law in effect when the person was born. These laws have changed over the years, but usually require a combination of at least one parent being a U.S. citizen when the child was born and having lived in the U.S. or its possessions for a period of time. Persons who acquired citizenship from parent(s) while under 18 years of age may apply for a certificate of citizenship on Form N-600.
If you were born abroad to U.S. citizen parents, you can apply for a U.S. passport in the same manner as someone born in the United States. However, you will have the added requirement of establishing your citizenship claim. Passport applications are made at passport offices in the United States, including local post offices, or at U.S. consulates abroad.
How do I prove U.S. Citizenship if my birth was registered abroad?
If your parents were U.S. citizens and registered your birth with a U.S. Consulate in the first five years of your life, then they were issued a certificate called a Consular Registration of Birth Abroad. This form will prove your citizenship. If they didn’t do this or they lost the form, you will need to apply for a passport or Certificate of Citizenship on Form N-565 instead.
How do I prove U.S. Citizenship if I am a Naturalized Citizen?
If you were born outside of the U.S. and filed an application for citizenship on Form N-400, then the citizenship certificate that you were issued when you appeared for the naturalization oath ceremony is your proof of citizenship.
If you have lost your Naturalization Certificate or Certificate of Citizenship, you should file Form N-565, Application for Replacement Naturalization Citizenship Document, with USCIS to replace the lost certificate. You may also contact the Department of State for information on how to obtain a passport.

Post-Green Card Applications

Green Card Replacement

There are certain instances wherein a Green Card holder will be needed to file an application requesting a new card even before the expiry of the current card. If the card is lost or stolen, a replacement for the card can be requested.

Note: In case of a Green Card getting stolen, a formal police report of the theft should be made and a copy of the same is required to be submitted along with the replacement application as a proof.

Green Cards can be replaced if there is a mistake on the issued card. If the mistake was a government error, then the applicant need not pay the filing fee. But if the mistake was the result of faulty information that was entered on the application, then the applicant needs to pay the filing fee.

Note: It is very important that a person maintains a copy of any Green Card application that he/she files. In case of any mistake that is made on the card, the copy will help to prove if the mistake was the fault of the government.

Green Card Renewal

A permanent resident will have to get his/her green card renewed periodically to maintain its validity. Though the permanent resident status does not expire, the card expires every 10 years. Since a valid and current card is required for a lot of reasons, its imperative that the card be kept valid at all times.

Other Post-Green Card Applications

Besides applying for the replacement and renewal of Green Card, there are several other Green Card related applications that a Lawful Permanent Resident may be needed to file with the United States Citizenship and Immigration Services (USCIS).

Re-entry Permit

Green Card holders enjoy the privilege of residing and working in the U.S. without any restrictions. They are also privileged to travel freely in and out of the U.S. whenever they wish. One thing to be noted here is that the Green Card holders are desired to reside in the country on a permanent basis. Permanent Residence of any person implies more than just calling the United States their home. The USCIS will take into account details like whether a person owns any real estate in the country, is maintaining bank accounts in the country, is on an employment contract in the U.S., is maintaining a family in the U.S., and/or is actively participating in local community organizations, to determine whether a person is maintaining permanent residency in the U.S. Greater “ties” with the U.S. will increase the person’s permanent residency status in the USCIS’ point of view.

In spite of a Lawful Permanent Resident leaving the U.S. for legitimate reasons, their staying away from the US for extended periods of time will lead to an assumption that the person is not maintaining permanent resident status. In such kind of circumstances, it is essential that the Lawful Permanent Resident shows the long term need to travel outside of the U.S. Obtaining a re-entry permit is the proactive way that lets the USCIS confirm that a person is intending to maintain permanent residence in the U.S.

Note: By getting a re-entry permit, especially when one has the need to travel outside of the U.S. for more than 6 months is a safe and effective way, by which a Lawful Permanent Resident can express his /her intention of permanently residing in the U.S.

Citizenship

Becoming a U.S. citizen bestows a person with a great number of privileges apart from living and working in the U.S. Being a U.S. citizen has several distinct advantages over that of being a permanent resident. The right to exercise one’s vote, right to be come an elected official, ability to extend sponsorship for U.S. Green Cards to specific family members with no waiting period, and finally the ability to travel freely travel in and out of the country with a U.S. passport are some notable benefits. Regardless of the time period of their stay outside the U.S., U.S. citizens need not apply for a re-entry permit. The status of being a U.S. citizen also eliminates the need for renewal of the Green Card. As soon as an applicant has fulfilled the requirements for citizenship (residence and physical presence), he/she can file the citizenship application.

Step by Step Process for Filing Green Card Renewal and Replacement Application Form

In order to replace or renew a Green Card, a lawful permanent resident needs to file the I-90 application form along with the fees and required documents for proof.

This process of submitting a renewal application does not apply for conditional residents with conditional green cards which are on the verge of expiry. They must file an appropriate form to remove the conditions on their residency.

Only in case of a conditional resident’s Green Card being stolen, damaged or lost, or in the case of a name change, then they can use Form I-90 to place a request for a new conditional Green Card.

Overview of the I-90 Application Process

Step 1: Completion of Form I-90

Be it a renewal or replacement process, a lawful permanent resident should file Form I-90 with the USCIS.

Step 2: Gathering all the Necessary Documents for Proof

Copy of the Green Card: If applying to renew Green Card, the applicant must provide a copy of their Green Card. If applying for a replacement green card, in case of the original getting mutilated, destroyed or lost, or in the case of a legal name change, the applicant has to submit a copy the card, if available, or a copy of an identity proof with his/her name, date of birth, photograph, and signature. Applicants with a changed name must submit a copy of the original court order or marriage certificate/divorce decree bearing the new name along with their I-90.

In case of any change in the biographical data of a lawful permanent resident any documentation to prove the new data should be submitted. If a lawful permanent resident needs a replacement in case of biographical data change due to a USCIS error, then the original card with the error must be returned, along with sufficient documentation to prove the correct data. If at all the Green Card was never received, then the applicants must submit documentation as a proof of that fact (a copy of the original approval notice that was dispatched to the applicant’s current address). In addition to this, the card must have been returned to the USCIS as undeliverable by the postal service and the applicant must not have changed his/her address of communication during the application process.
Note: If the original card was not returned to USCIS as undeliverable, then the replacement application based on the reason of non-receipt will be rejected. An applicant should file for a replacement of a lost Green Card in case he/she cannot verify that the original card was returned as undeliverable.

Step 3: Submitting the Application

Lawful permanent residents need to file in their completed applications (renew or replacement) at the following lockbox address:
USCIS
PO Box 21262
Phoenix, AZ 85036
In case of an applicant using an express courier service, then application should be sent to the following address:
USCIS
Attn: I-90
1820 Skyharbor, Circle S, Floor 1
Phoenix, AZ 85034

Note: The above mentioned addresses are valid as of January 1, 2010. As USCIS may periodically update filing processes, It is advisable for applicants to verify the correct filing address before filing their application. The addresses can be verified under the Forms section of http://www.uscis.gov.

The I-90 may also be filed electronically using the internet. Not every I-90 applicant can choose this option.

Step 4: Biometrics – Getting Fingerprinted

In case the lawful permanent resident has reached 14 years of age since the original Green Card was issued, additional fingerprints need to be taken. The applicant will receive a fingerprint appointment notice from the USCIS.

USCIS may request more information or evidence and may also schedule the applicant for an interview. Certain original documents may also be requested, which will be returned when no longer required.

Immigration Scam – Green Card Lottery Email

On 03.16.11, In , By Immigration Direct

Immigration Scam – Green Card Lottery Email

Below is the actual green card lottery scam email being sent out to people. For more information on this Immigration News story please read Green Card Lottery Scam

Passport Day in the USA

On 09.09.11, In Immigration Direct Blog, By Immigration Direct

The Regional Passport Agency announces they will be open on Saturday, September 17 one day only with no appointment needed for you to apply for your U.S. Passport.

In communities across the country Regional Passport Agencies and many passport Acceptance Facilities will celebrate “Passport Day in USA”. There will be passport-themed events for all. If you need a U.S. Passport or US Passport Renewal now is the time. This event will allow you to apply for U.S. Passport standard processing which generally takes 4 to 6 weeks or an option to pay an additional $60.00 for expediting your Passport Application for processing which reduces the processing time 2 to 3 weeks. To locate a Regional Passport Agency or Passport Acceptance Facility, click here.

Lost Citizenship Certificate

You can replace your lost citizenship certificate by filing Form N-565, Application for Replacement Naturalization or Citizenship Document, with the USCIS.

Form N-565 is usually filed with the USCIS if you have to replace a Naturalization Certificate, Certificate of Citizenship, Declaration of Intention or Repatriation Certificate which has been lost, mutilated, or destroyed. Additionally, this form is also used if your name has been changed by marriage or by court order after the citizenship document was issued and you need a document in the new name. But Form N-565 should not be filed to correct errors on the citizenship certificate unless they are USCIS errors.

To replace your lost citizenship certificate, you should prepare and mail the completed N-565 application package to the USCIS along with the appropriate filing fee and supporting documents. You will find all the information about the fees, the mailing address and supporting documents in the instructions page. If you make a mistake filling out your application, or with your filing fee or mailing address, your application will be returned to you.

When sending your application to replace your lost citizenship certificate, you should include two color photographs along with your supporting documents. The photograph should be taken within 30 days of filing this application. If the reason for filing form N-565 is to get a replacement of a mutilated document, you will have to attach the mutilated document and send it with your N-565 application. If your document is in a foreign language, make sure that it is accompanied by a certified, full English language translation that is complete and accurate. After you mail in your N-565 application to replace your lost citizenship certificate, the USCIS will check for completeness, such as including all the required documentation and the correct submission fee.

If you do not fill out the form completely, or have sent the application without the needed initial evidence, you will not establish a basis for eligibility and chances are that the USCIS may deny your application. If your application is not signed or not accompanied by the correct fee, the USCIS will reject it and send you a notice with the reason why you were denied. So make sure that your application is complete and that you submit the required supporting documents and the correct fee.

Once you have mailed the completed application along with the fees and supporting documents to the USCIS, you can expect to receive an Application Receipt Notice with a 13-character Application Receipt number within 30 days. This Receipt Notice acts as the proof that USCIS has received your application and that it is being processed. You can check the status of your application with the receipt number.

The USCIS officials may request more information or evidence when you appear at the USCIS office for an interview. Additionally, they may also request you to submit the originals of any document. Lastly, if everything is in order with your application, it will be approved and a replacement for the lost citizenship certificate will be issued. If your application is denied, the USCIS will notify in writing with the reason(s) why. The whole process takes an average of up to six months.

Getting a Green Card

A foreign national can obtain a U.S. permanent residence card (“Green Card”) through various means such as family members, employment, adoption, or as an asylum seeker or refugee. The time that the process requires is affected by the applicant and the category within which he or she applies. Individuals undergoing the application process should be sure to reference the fact sheet provided by U.S. Citizenship and Immigration Services (USCIS), which provides answers for many of the questions raised during the application process.
Getting a Green Card is merely the first step in maintaining permanent U.S. residence documentation, and cardholders should maintain their immigration status by ensuring that their card remains current at all times.

Getting a Green Card and Completing the Immigration Process:

The Green Card process is multi-layered one, and you should take care to complete the application correctly in order to avoid difficulties.
1. You must qualify under one of the categories for eligibility described by the USCIS.
2. The USCIS should approve an immigrant petition, which is usually filed by an employer or relative. (There are certain applicants who can petition on their own behalf, like the priority workers, investors or special immigrants.)
3. If you are thinking of getting a Green Card through employment, then, if required, your U.S. employer should submit a labor certification request to the U.S. Department of Labor.
4. You should possess an immigrant visa number, provided by the U.S. State Department.
5. If you are already in the United States, you may apply for an adjustment of status or file for permanent residency after a visa number has been provided to you. If you are outside the United States, you must go to the nearest U.S. consulate to complete the process.

Maintaining Your Status with Form I-90:

Once a Green Card is issued, it normally remains valid for a period of 10 years. In order to keep this card current, you may need to renew or replace it. Form I-90 is used for renewal or replacement requests.
If you were issued a Green Card by the USCIS that has an expiration date, you should use Form I-90 to begin the process of renewing your card at least 6 months prior to the expiration date. Once your application is accepted, you will be issued a temporary proof of your status with the local USCIS office that is valid for one year. (If your Green Card does not have an expiration date, it may not need to be renewed.)
It is important to note that although you may not lose your status in the U.S. if your Green Card expires, it is always advisable to retain evidence of your permanent resident status to avoid potential difficulties in obtaining employment, benefits extended by the government, or re-entry into the United States.

What If I Am a Conditional Permanent Resident?

If you are a Conditional Permanent Resident your Green Card is valid for only 2 years. You do not use Form I-90 if you are a conditional resident and your status is expiring. As a conditional Permanent Resident, you are required to file a petition to remove those conditions within 90 days of your card expiring.
If you obtained your conditional status through marriage, you must file Form I-751, Petition to Remove Conditions on Residence.
If you obtained your conditional status by being an investor, you must file Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status.
Once your petition is approved, you will be sent a new Green Card valid for 10 years. And it is at this point that you can use Form I-90 to renew or replace your Green Card.

Visa for Fiancé(e) – Submission Procedure of Form I-129 F

Form I-129 F, which is the Petition for Alien Fiancé(e) must be filed with the Department of Homeland Security’s United States Citizenship and Immigration Services (USCIS) office serving your area of residence. You can refer to the USCIS website for information regarding the office at which you need to file this petition.
Note: This petition cannot be filed at an embassy, consulate, or U.S. immigration office abroad.

Petition for Alien Fiancé(e) Application

This application needs to be completed by an American citizen. For the purpose of marriage of the foreign fiancé(e) to the petitioning US citizen this application is a petition submitted to USCIS requesting the alien fiancé(e)’s entry to U.S.A. Instructions on the Form I-129 F need to be read carefully. There was a recent increase in the filing fee of this form. Information on edition updates on filling fee are available at the USCIS’ website.

Biographic Information Sheet

Form G-325A, Biographic Information Sheet must be completed by the American citizen and the alien fiancé(e). Information about your parents, place of residence, employment during the last five years, and previous foreign residences, if any, has to be provided in this form. [Please indicate on the application form if your parents are deceased].
The second Biographical Information Sheet should be sent to the alien fiance(e) who should complete, sign and send it back to you. What you could do to assist is to complete the sections that pertain to you on the form before you send it to your fiance(e).
Though the alien fiancé(e) is let to sign the G-325A at the time of the interview in some consular offices, Form I-129 F application that does not include the Alien’s signed Biographical Information Sheet may be rejected by the USCIS office.

Affidavit of Support Form

Form I-134 submitted along Form I-129 F ensures that the alien fiancé(e) will not become a public charge while in the US. The US citizen, relative or a friend is committed to take financial responsibility over the petitioned individual in case the alien fiancé(e) needs financial support. Financial responsibility is on the person who signs the affidavit of support who is often referred to as the Sponsor or Affiant.
Possibility of the alien becoming a public charge will be eliminated by this affidavit. To ensure that the Sponsor or citizen affiant takes affirmation seriously and is aware of the nature of the affirmation that they are making he or she should read the instructions accompanying Form I-134 carefully.

American Green Card

An American Green Card is proof that a foreign national was granted permanent residency in the United States. The green card holders have the right to live, work and study in the US on permanent basis.
In order to get an American green card, a person has to meet certain conditions. There are several categories by which a foreign national may qualify for a green card, with the first three being the most common. The broad categories are as follows:
1. the family based green card
2. the employment based green card.
3. Via the diversity lottery.
4. As a refugee or asylum seeker.
5. Because of large financial investment which creates American jobs.
6. Through the ‘registry’, this confers legal residency on people who have been in the country for a long time.
For most of these categories, an initial visa is needed to enable you to enter the country. Some people are legally allowed to travel to the USA on the visa waiver program (using the I94 form) but adjustment of status to permanent legal resident using this program is frowned upon.
Once you are settled in the country and have met any other requirements for your class of visa, you must then petition for the adjustment of your status to that of legal permanent resident. This will grant you the green card either temporarily or long term depending upon your criteria.
The family based green card is the easiest to obtain, as there is no limit on the number that can be awarded to immediate family members. That includes spouses, unmarried children under the age of 21 and parents. For visas for other family members there is an annual limit to the number awarded, meaning that a visa may not be available until you’ve been on a waiting list for some time.
The diversity lottery is probably the easiest way to gain permanent residency but is also not very likely to succeed. There are 50,000 visas offered each year, but for each one there are approximately 160 applicants. Applicants need only to apply following the guidelines that are issued, and be resident in an eligible country. The eligible countries are those which otherwise have low levels of applications for the permanent resident card.
A work based visa is issued on the basis of your employer needing your services in the USA. For it to be issued, your skills must be unique and not able to be filled by an American worker in the local area. The Department of Labor may investigate the labor situation and will only issue the certification once they are sure that there is no one else available to do the job, and that your pay scale will not undercut or damage local comparable pay conditions.
The remaining categories for granting a person an American green card have more stringent and restrictive requirements. It may mean that they remain on a waiting list for ten or more years but the visa are granted annually according to the limits set.

Coming to the US on an R1 Visa

Foreign nationals can come to the US through the immigrant or non immigrant visa category. Immigrants come with an intention to live permanently in the US whereas non immigrants only intend to stay temporarily for a specific purpose, like for tourism or medical treatment.
There are many kinds of non immigrant visas. Each visa is granted for a different purpose and each is known by a letter-number combination as well as by a name. When a person gets a non immigrant visa, he/she is expected to perform only specific, authorized activities while in the US. The person is therefore given a special visa authorizing that activity for a determinate, limited time.

The R1 Visa

The R1 visa is for workers with a religious vocation wishing to come to US to work temporarily for a non-profit religious organization.
Religious workers are ministers of religion who are authorized by a recognized denomination to conduct religious worship and perform other duties usually performed by members of the clergy (such as administering the sacraments). It does not apply to lay preachers. Religious vocation means a calling to religious life, evidenced by the demonstration of a lifelong commitment, such as the taking of vows. Examples of religious vocations are nuns, monks, and religious brothers and sisters.
Religious workers who wish to stay in the US permanently may file Form I-360. This form is used to petition for status as a special immigrant. It allows a religious organization to request permanent resident status (green card status) for a religious worker.
Foreign nationals (ministers or who work in religious occupations) can come to the US for temporary employment by a non-profit religious organization through the R1 visa. The religious worker should have an official job offer from a tax-exempt religious organization. The job offer has to be for at least part-time employment (at an average of at least twenty hours per week).

Criteria to Qualify for an R1 Visa

• The foreign national religious worker should have been a member of a religious denomination for at least two years immediately before filing of the petition.
• The religious denomination should be a bona fide non-profit religious organization in the US.
• The person comes to the US to work solely:

1. As a minister of that denomination; or
2. In a professional position in a religious vocation or occupation for that organization; or
3. In a religious occupation for the organization or its non-profit affiliate.

An R1 visa holder can stay in the US for up to thirty months and can then extend his/her status for an additional thirty months, for a maximum of five years in the same R1 status.

Features of the R1 Visa Category

• An R1 visa holder can travel freely in and out of the US.
• There are no numerical limits to R-1 visas.
• An R1 visa holder can receive payment for services he/she renders.
• R1 status is valid up to thirty months and can further be renewed for an additional thirty months, for a total of five years.
• Accompanying spouses or unmarried children under the age of 21 can get R 2 visas. Though R 2 visa holders cannot work in the US, they can study in US primary and secondary schools.

The Differences Between the F1 Visa and M1 Visa

F1 visa and M1 visa are the two categories of visas that are issued to international students who wish to study in United States. A student visa is a non-immigrant visa because it is issued to people who do not intend to stay in the US permanently. International students who come to the US to pursue full time academics or gain professional skills are generally given one of these two non immigrant visas.

F1 Visa

F1 visa is for students attending a full-time degree or academic program at a school, college, or university approved by U.S. Immigration and Customs Enforcement in compliance with the Student and Exchange Visitor Information System (SEVIS).

M1 Visa

M1 visa is for students enrolled in non-academic or “vocational study”. Mechanical studies, technical studies, cooking classes, language programs, flight school or cosmetology program are a few that come under “vocational study”. The M1 visa is valid for only one year. Students may apply for extensions for up to three years.
Unlike the F1 visa, M1 visa holders are only authorized to reduce their course of study below full time for medical reasons and for a maximum aggregate period of six months. While F1 visa holders have freedom to transfer schools, M1 students are generally only free to transfer schools within the first six months of the program.

Student Visa Application

The first step in applying for a F1 visa or M1 visa is getting a SEVIS generated I-20 form from the university or college that the student intends to attend.
With the exception of citizens of Canada and Bermuda, other students should apply for an F1 or M1 student visa at a U.S. consulate in their place of residence. You should show that you have been accepted at a SEVP certified institution and also prove that you have the financial means to pay for your course of study. You should also have required English proficiency. You should also ensure that you will return to your home country at the end of the academic or vocational program.
On your arrival in US, you will get a special Form I-94 which will contain your admission number to US. This admission number will be written on USCIS Form I-20 A-B/ ID by the immigrant officials. The first two pages of this form, known as I-20 A-B/ID will then be sent to your institute as a proof of your legal admission to US. The third and fourth page known as I-20 ID will be in your custody which will work as the proof of your admission to US under the student category. You should also keep your I-94 form as it is the proof of your legal entry to US.
When you enter US on a student visa application, your entry is usually legal for as long you possess the student status. This means that you can live in US even after you F1 visa has expired but you are still a student in the institute. Once your course mentioned in I-20 or any authorized practical training is completed, you still get 60 days to prepare for the departure from US or get enrolled in another program. If you leave the U.S. before your status expires and want to return, you need to present only the I-94 card and Certificate of Eligibility at the port of entry and you will be admitted again.

National Interest Waiver- The Application Process

You have to file Form I-140, Immigrant Petition for Alien Worker with the USCIS. Normally, a US employer will file this petition to sponsor an employee, but immigrants applying for a National Interest Waiver can apply on their own.

Along with the petition, you will also have to include extensive supporting documentation of your eligibility for a National Interest Waiver. Ensure that your evidence is in an easy to understand manner that substantiates why you qualify for the National Interest Waiver.

The petition should also include a letter addressed to USCIS that provides a summary of your case. It should include:

• a description of your field and your area of expertise.
• a description of your work and how it affects the field, including a discussion of your work’s current and future applications and an explanation of how this work is in the national interest of the US.
• an explanation of why someone with your high level of skill is required to perform the job that you intend to perform in the US. You should have supporting evidence to back up the statements you make in this letter.

You can include the statement you wrote about your work, your field, and your exceptional ability in the petition cover letter. If you do have a job offer in the US, provide details about your future employer. You should also provide a detailed description of the specific job you will perform in the US.

You have to be systematic and thorough when writing the petition cover letter. The letter should be written in simple English. The USCIS officer who is deciding your case cannot determine that you qualify for a National Interest Waiver unless he/she can understand what you do. So your petition cover letter should be easy to read, informative, and convincing.

Consular Processing (If you are applying from outside of the US)

After your petition is approved by USCIS, they will forward it to the National Visa Center, which processes all immigrant visas for applicants living abroad. The National Visa Center will issue an immigrant visa packet to you containing instructions on how to apply for your visa at a US consulate abroad.

You and any accompanying family members will need to get the required medical examinations and police clearances as described in the immigrant visa packet. You should also appear for an interview at a US consulate. At this interview, a consular officer will decide if you are eligible to receive an immigrant visa. The officer may ask you to describe your accomplishments and may review the evidence you provided in support of the petition you filed with USCIS. If the officer approves your application, you will receive an immigrant visa in your passport.

The immigrant visa will be valid for six months. Within this six month period, you have to enter the US. When you enter the US, an immigration officer will stamp your passport and you will become a legal permanent resident. The stamp in your passport is valid for one year and you can use it as proof of your status as a permanent resident (green card holder). Within a few months of your entry, you will receive your permanent resident card by mail at your US address.

Adjustment of Status (If you are applying in the US)

You have to file Form I-485, Application to Register Permanent Residence or Adjust Status. You may file this application at the same time as Form I-140 or after Form I-140 has been approved.

What is the USCIS?

The Unites States of America is often described as a “Melting Pot”. People from all over the world immigrate here in search of a better life for themselves and/or their families. Others come here seeking an advanced education at our colleges and universities. The U.S. Citizenship and Immigration Services (USCIS) is the federal agency assigned in overseeing the lawful immigration of foreign nationals who are temporarily or permanently settling in the United States and is responsible for granting or denying immigration benefits to those individuals. But besides legal entry, the USCIS also tackles those that illegally enter the United States, making sure that those individuals do not receive benefits, such as social security or unemployment benefits, and investigating, detaining, and deporting those illegally living in the United States.

The U.S. Citizenship and Immigration Services (USCIS) was established on March 1, 2003 and is under purview of the Department of Homeland Security (DHS). Before that date, the Immigration and Naturalization Service (INS) was responsible for all things related with immigration, including administrative and investigative functions. After the events of September 11, 2001, the U.S. Congress passed into law the Homeland Security Act of 2002, which led to the dismantling of the INS into three agencies within the DHS to enhance national security and improve efficiency: the US Citizenship and Immigration Service (USCIS), which is responsible for immigration service functions, such as those listed below; and the Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) bureaus, which handle immigration enforcement and border security functions. The USCIS was briefly named the US Bureau of Citizenship and Immigration Services (BCIS), before becoming USCIS.

Unlike most other federal agencies, the majority of the USCIS’ budget (99%) comes from fees the USCIS collects from processing millions of immigration benefit applications and petitions annually.

Some of the services provided by the the U.S. Citizenship and Immigration Services (USCIS) are:

* Citizenship (Includes the Related Naturalization Process): Individuals who wish to become US citizens through naturalization submit their applications, such as the Form N-400, to the US Citizenship and Immigration Service. The USCIS determines eligibility, processes the applications and, if approved, schedules the applicant for a ceremony to take the Oath of Allegiance. The USCIS can help in determining the eligibility and provide documentation of U.S. citizenship for people who acquired U.S. citizenship through their parents by using Form N-600.

* Immigration of Family Members: USCIS also manages the process that allows current permanent residents and US citizens to bring close relatives to live and work in the United States by submitting forms such as the Form I-130.

* Working in the US: USCIS manages the process that allows individuals from other countries to come and work in the United States. Some of the opportunities are temporary, and some provide a path to a green card (permanent residence).

* Verifying an Individual’s Legal Right to Work in the United States: USCIS manages the system that allows participating employers to electronically verify the employment eligibility of their newly hired employees.

* Humanitarian Programs for Asylees and Refugees: USCIS administers humanitarian programs that provide protection to individuals inside and outside the United States who are displaced by war, famine and civil and political unrest, and those who are forced to flee their countries to escape the risk of death and torture at the hands of persecutors.

* Adoptions: USCIS manages the first steps in the process for US citizens to adopt children from other countries.

* Civic Integration: USCIS promotes instruction and training on citizenship rights and responsibilities and provide immigrants with the information and tools necessary to successfully integrate into American civic culture.

Using Immigration Forms

General Information About Immigration Forms

Immigration forms or USCIS forms can be downloaded and are in PDF format. In order to view, print, or fill out these forms, you should use the latest version of Adobe Reader which can be downloaded for free.

To ensure that you complete and submit your application correctly, make sure you carefully read any notices, warnings, or explanations on the Forms Entry Page (FEP) before you print (or download) the form itself, fill it out and send it to USCIS. Also make sure to verify the filing location of the forms for the specific benefit you are seeking.

All the immigration (prefixed with “I”) or naturalization (prefixed with “N”) forms com

e with detailed instructions about where to file and those instructions will differ with specific circumstances. If you do not file the forms with the appropriate office or with the correct fee, it might result in an application or petition being returned to you and will also result in further delay in processing. It is important to remember NOT to mail your application or petition to the “HQPDI” address on any form, (that address is for submitting comments on the form itself.)

Fees and Fee Waiver Information

A submission fee is required for most immigration forms. This fee has to be mailed along with the completed application. Do not forget to include your payment of all required fees, including any fingerprint fees, when you submit your application. Checks should be payable to “Department of Homeland Security”. You need not submit a completed fingerprint card (FD-258) with your application. USCIS will later notify you of the time and place where your fingerprints will be taken.

Based on an inability to pay, individuals may apply for and be granted a fee waiver while filing certain immigration forms. In such cases, you have to file Form I-912, Request for Fee Waiver, for requesting a fee waiver. The instructions page that comes with Form I-912 has information on the methodology that USCIS uses to make a decision on a fee waiver request, whether the request is submitted on Form I-912 or through a written statement by the applicant requesting a fee waiver.

To start with, the USCIS will determine whether the applicant is receiving a means-tested benefit, or whether the applicant’s household income level and/or recent financial hardship makes him/her eligible for the fee waiver.

Photographic Requirements

Most immigration forms require photographs to be submitted with the form. The specifications for photographs are given in the form instructions.

“Fillable” Immigration Forms

Forms are provided in a format that allows you to fill them out on your computer, print them out, sign and mail it to the appropriate USCIS office in order to file for a benefit.

Downloading and Printing Immigration Forms

Some of the forms are rather large files. To use them easily, you can download them directly to your local computer, instead of filling them out through your web browser. As mentioned earlier, you should use the latest version of Adobe Reader, which can be downloaded free.

H-1B Visa and L-1 Visa Fees Increases per the New Law by the USCIS

Last August 13, 2010, President Barrack Obama signed into law Public Law 111-230, which effectively increased the fees for H-1B Visa and L-1 Visa applications under the U.S Citizenship and Immigration Services (USCIS). The new law, which will continue to stay in effect until September 30, 2014, requires that particular H-1B Visa applicants pay an additional $2,000, while particular L-1 Visa applicants pay an additional $2,250 to the USCIS on top of existing fees.
However, it has been stated that the additional fees to the USCIS for H-1B Visa and L-1 Visa applications be shouldered by the applicants’ employers, and not by the petitioners themselves. The increase does not affect companies and employees looking to the USCIS to renew or extend the status of their H-1B Visa and L-1 Visa.
Not all employers and H-1B Visa and L-1 Visa applicants are subject to the fee increases, however. Public Law 111-230 only applies to companies and employers who already employ fifty or more employees with more than 50% of their employed staff with a USCIS certified H-1B Visa or L-1 Visa (be it L-1A, L-1B, or L-2) currently working in the United States. For H-1B Visa and L-1 Visa petitioners who fall under any of these categories, they are required to comply with Public Law 111-230 by submitting the additional USCIS fee along with their filing packet for either their H-1B Visa or L-1 Visa application.
On the other hand, petitioners whose company or employers do not fall under the aforementioned criteria are required to submit written evidence, attestation or statements to the USCIS justifying why the new fee increases are not applicable to their H-1B Visa or L-1 Visa application. These evidences or statements should then be submitted to the USCIS alongside any filled out forms, applications and documents pertinent to the H-1B Visa and L-1 Visa petition.
In a teleconference held by the USCIS, it was made clear that H-1B Visa and L-1 Visa applications submitted to the USCIS without the enclosed additional fees will not be out rightly returned or rejected. Instead, the USCIS will promptly issue Requests for Evidence (RFE) for H-1B Visa and L-1 Visa applications where they believe the additional fees are required or the necessary documentation to prove otherwise is either lacking and/or missing.
Public Law 111-230 also explicitly states that these new increases to the H-1B Visa and L-1 Visa petitions come in addition to already existing filing and application charges under the USCIS. For H-1B Visa applications to the USCIS, the additional $2,000 comes on top of the I-129 form fee, the Fraud Fee, the premium processing fee and the American Competitiveness and Workforce Improvement Act (ACWIA) fee. For L-1 Visa applications to the USCIS, the additional $2,250 comes on top of the I-129 form fee, the Fraud Fee, and the premium processing fee.

What are the advantages of US citizenship?

On 10.28.09, In , By Immigration Direct

What are the advantages of US citizenship?

There are many advantages of US citizenship.  Becoming a US citizen entitles one to benefits that are not available to Green Card holders including the right to vote, the ability to travel with a US passport, and preference in sponsoring relatives for US citizenship.

One of the advantages of US citizenship is the right to vote in local and national elections.  By voting, US citizens can influence local, state, and federal politics.  They can elect political representatives and make their voices heard on taxes, schools, and foreign policy, among other issues.   US citizens can also be elected to public office.  Additionally, they are eligible for certain unelected government jobs and certain jobs requiring security clearances that are not available to Green Card holders.  US citizens can make a big impact in the accountability and efficiency of the US government.

Another of the advantages of US citizenship is the ability to obtain a US passport.  Having a US passport makes it easier to travel in many areas of the world.  In fact, US citizens do not need to apply for a visa before entering many countries, including the United Kingdom, France, Japan, and Australia.  US passport holders can take advantage of services offered by US embassies located all over the world if they should ever require assistance while traveling abroad.

US citizens are not required to carry proof of their citizenship at all times, while Green Card holders must always carry proof of authorization to be in the United States.  There is no requirement for citizens to renew their US citizenship once it is granted, but Green Card holders must renew their Green Cards every ten (10) years.  This requires the filing of an application and payment of a fee.  Green Card holders may face deportation if convicted of certain types of crimes, whereas US citizens do not face this penalty.  US citizens can never be deported, which is another of the major advantages of US citizenship.

US citizens can spend as much time as they like outside of the US with no immigration consequences. Green Card holders may lose their status as permanent residents if they spend too much time outside of the US because of certain legal requirements to be physically present in the US.   If Green Card holders lose their status, they have to start the process of permanent residence all over again, which takes time and costs money.

US citizens can petition for Green Cards for their family members.  While Green Card holders can do this as well, the process is considerably faster if the petitioner is a citizen because the family members of US citizens are given priority by the government.

A more intangible advantage of US citizenship is the sense of belonging that citizens feel.  Obtaining citizenship helps people feel a part of the community of the United States of America.  It is one of many ways to demonstrate commitment to the country and its ideals.

Click here to prepare your US citizenship application online at ImmigrationDirect.com.

Tips when Filing USCIS Immigration Forms

On 11.30.09, In , By Immigration Direct

Tips when Filing USCIS Immigration Forms

Filing an application or petition with USCIS can seem like an overwhelming task. Applicants are well advised to do their homework ahead of time. Avoiding common mistakes and oversights can save a lot of time and anxiety while the petition or application is pending with USCIS.

General Tips:

1.)  Most immigration forms come with detailed instructions.  It is important to follow the USCIS form’s instructions carefully so that you avoid delay or rejection of your application. Per the USCIS, you should adhere to the following guidelines when filling out your petition or application:

• Use the most current edition of the immigration form. The USCIS updates their immigration forms often. Respond to all the relevant questions and provide information in the answer blanks and check boxes.
• If you are manually filling out the USCIS form, print or type your information using black ink only.  Do NOT “highlight” or “background shade” the entries on your USCIS forms.
• Make sure that you sign the USCIS form.
• Include the correct fee specified in the USCIS form instructions.  You should attach the fee or fee waiver by paper clip or staple in the upper left corner of the completed form application or petition.
• Provide all requested documentation and evidence with the USCIS form.
• Follow the instructions on the notice you receive for biometrics/fingerprinting. The date, time, and location of your appointment will be sent to you by mail. Take all receipt notices and any other relevant documentation with you to your appointment.

2.)  Per USCIS, take the following steps to avoid delays in processing your immigration form.

• Do NOT send original passports or other valuable personal documents when filing your USCIS forms because if they get lost, replacing them is going to be very laborious. Make sure that copies of original passports or personal documents are made on standard white letter-sized paper (8.5” x 11”)
• Use paperclips when attaching supporting personal documents to the USCIS forms.
• If a payment is submitted, attach it to the first primary immigration form by paper clip or staple, and make sure that your name is indicated on the payment document (i.e., in the memo field of the check). IMPORTANT: If more than one application is filed using a single check, and any of the immigration forms are found to be improperly filed, ALL forms will be rejected.  Therefore, make certain that all the relevant questions are answered.
• Make checks or money orders payable to “U.S. Department of Homeland Security.”  If you live in Guam and filing your immigration form there, make checks or money orders payable to “Treasurer, Guam.”  If you live in U.S. Virgin Islands and filing your immigration form there, make checks or money orders payable to “Commissioner of Finance of the Virgin Islands.”
• Always use the same name and the same version of the name on all USCIS forms that pertain to the same person.
• In the address section of the immigration form, the “care of” line is for names only, such as your name, firm/organization, or a building. Do not put a street address in the “care of” section.
• “Place of Birth” on a USCIS form always means country of birth.
• Include the date of birth on all immigration forms in the designated field in MM/DD/YYYY format.

3.)  As mentioned before, it is important to include the correct fee with your completed USCIS form.

The USCIS will accept the payment of fees via:

• Money order.
• Cashier’s check.
• Personal check.

Please note that cash is NOT accepted.

If you pay your filing fee using a personal check you should be sure that you have sufficient funds in your account to cover payment. After two unsuccessful attempts to obtain payment from your bank, the USCIS will turn the check over to Debt Management for collection.  Obviously, this will delay the processing of your immigration form.

4.)  Read the I-797 Receipt Notice carefully. Wait the amount of time listed before inquiring on the status of your case. The processing time is different for each immigration form.

5.) All foreign language documents included with you USCIS forms must be accompanied by a corresponding English translation.  The English translation must be certified by a competent translator, and he or she must verify in writing that “the translation is true and accurate to the best of the translator’s abilities.”

These guidelines apply to individual applicant packages as well as family packages. Family packages should be sent together, if possible. Every effort will be made to schedule these cases together for interview. However, if a Request for Evidence (RFE) is necessary for one family member, the entire family package will be held together until the RFE response is received.

Why would a  “Request for Evidence” be necessary?

The USCIS will issue a Request for Evidence (RFE) if it finds that it needs additional information to complete processing of an USCIS form.   Some common reasons for issuing a Request for Evidence are:

• The petitioner or co-sponsor has failed to file an Affidavit of Support in connection with an Application to Adjust Status to Permanent Resident.
• You submitted an incomplete USCIS Form I-693 Medical Exam or Supplement, or have failed to submit a Medical Exam in connection with an Application to Adjust Status to Permanent Resident.
• You failed to include with your foreign-language marriage or birth certificate and accompanying, certified translation.
• You failed to submit evidence that establishes that you are qualified for the immigration benefit.
• You failed to submit evidence that you entered the country legally and/or have maintained legal status.

How to avoid getting a Request for Evidence?

All initial evidence should be submitted at the time of filing.   Prepare your immigration form properly and carefully. Be complete when submitting supporting documentation.  Documentation should be well organized and VERY detailed, so as to avoid any red flags.   Remember, you will not get a RFE for forgetting to include your fee payment.  The RFE results from incomplete, inconsistent and/or unclear documentation.  Therefore, be thorough if you want to avoid delay in the processing of your immigration form.

The Consequences of Getting a Request for Evidence.

Failure to respond to a RFE in a timely manner could result in the delay and/or denial of your USCIS form.  For example, a request may be made to: provide a W-2 form of your sponsor; provide extra documentation of your qualifications for an EB1-Extraordinary Ability immigration visa; provide clarification why the place of birth on your passport is different from that on your Birth Certificate.  These are just some of the examples of RFEs.  They vary in complexity and therefore in the amount of time required to assemble the proper response.  The time allotted for your response will be provided when you receive the RFE.

But remember that in addition to delaying the above application, processing of ancillary benefit immigration forms (such as applications for employment authorization or travel permission) will also be delayed if a Request for Evidence is issued in connection with your primary application.

What to do if you get a Request for Evidence

You should submit the response to the RFE (with the original request) as quickly as possible to the office issuing the request. Do NOT send the response to the Chicago Lockbox.

Always return the entire original request for evidence (color copy) with your complete response to the RFE. DO NOT mail portions of the original RFE separately. Make a photocopy of the original request for evidence for your files. Returning the original RFE will make the response easier to identify in the incoming mail and get the response filed with the file as quickly as possible so that the processing of the case can continue.

Following the guidelines provided in this article will help you submit a complete and accurate USCIS form. But remember, if you need additional help, Immigration Direct is your online U.S. Immigration source. Our easy-to use, step-by-step software will guide you through the complicated application process from start to finish.