Tuesday, March 29, 2011

USCIS Application Forms

It is a well-known fact that every year, thousands of foreigners come to the United States, either for a visit or to live and work here. Immigrating to the US is very common occurrence and that is why the United States is called a Melting Pot. All are aware of the privileges of lawful status in the US. The procedure on how to enter the US depends on the reason for the US visit. Obtaining a visa or a green card are the most commonly used methods in order to be allowed to travel to the US. To get a visa or green card, you need to file specific forms either at the American Consulate or while in the US. There are immigrant and non-immigrant visas and you can get one or the other depending on the intention of your visit. Non-immigrant visas are for temporary visits to the U.S., such as for tourism, study, or temporary work. Immigrant visas allow foreign nationals to obtain Permanent Residence in the United States. Visitor visas, Work Visas, Student visas are few of the most common visas used to enter the US.
The USCIS (formerly the INS) is the authority and government agency that processes the immigration forms. They are authorized to approve or reject the form. What USCIS application form you use depends on your circumstances. All forms are available on the USCIS website. There are many independent services that aid applicants fill out and file USCIS forms online and they charge a fee for assisting users in filling and filing the USCIS application form. In certain complicated cases, the help of attorneys is sought to prepare the form.
The process of filling out forms is at times complicated. Every year, approximately 40 percent of the forms submitted to the USCIS are rejected because they were erroneously completed or were in fact incomplete. United States immigration laws are very strict in order to ensure that all immigrants enter and stay legally. Your application will be rejected if the immigration officials are even slightly suspicious of the evidence that you have provided. Therefore be truthful and transparent when filling out the USCIS application form. All the forms come with detailed filing instructions. And when submitting the completed form to the USCIS, make sure you include the supporting documents, the correct fee and mail it to the appropriate address.
After you submit the completed USCIS application form to the USCIS, you will receive a receipt. This notification will contain a 13-digit application receipt number that you can use to track the status of the submitted application. You will also be notified about the date for biometrics. The processing time for the immigration form differs from form to form, depending on the purpose of the form. At times, the process will be expedited for certain applicants considering the situation under which they are filing the form. The USCIS updates the immigration forms frequently. While mentioning updates, the expiry and revision dates of the forms are the ones that get updated. Certain US immigration forms can be e-filed. All supporting documentation can be submitted at the time of the interview if you decide to e-file.

U.S Bureau of Citizenship and Immigration Service (BCIS)

BCIS, also known as the Bureau of Citizenship and immigration service was formed in the act of Homeland Security in the year 2002. The name BCIS did not make it a long way, therefore, it was reformed by another name 2 years after its establishment. These days it is commonly known as USCIS or U.S Citizenship and Immigration Service. Earlier, BCIS was working under Homeland Security and before that these facilities were provided by the Immigration and Naturalization Service (INS). According to the guidelines articulated by Homeland Security Act, before the name changing of BCIS, they were required to inform “Appropriate Congressional Committees” at least 60 days before in order to seek their approval.
On March 1, 2003, the BCIS came to be formally in charge of government’s immigration operations. Rendering to the act of Homeland Security in 2002, BCIS assists in place of the government’s former immigration handler along with Immigration and Naturalization Service, and operates in the support of the Department of Homeland Security. One out of three branches of BCIS has been working in the department of Homeland Security.
The principal obligation of BCIS is to handle the application of the benefit applicants to ensure that the sanctuary and competence of U.S Immigration Services is up to the mark. BCIS has many duties to perform; some of them are helping with the immigration of family members, U.S work assistance for immigrants, citizenship, helping U.S citizens with adoption of children from other countries, managing humanitarian programs, helping the immigrants to understand and blend in the U.S culture as well as lineage support.
Even though the INS changed into the DHS, yet all customer services remained like it was before. All accustomed immigration customer services stood reserved from end to end with this conversion. Besides, all INS information which was associated to administration stayed the same. Certified procedures and documents allotted by the earlier INS remain effective as well as it will last to be acknowledged by USCIS and new organizations as per proof of their position in the United States.
USCIS native bureaus stayed prevailing INS places, which includes Application Support Centers and Service Centers. There existed no instant modification in bureaus places, even though a number of bureaus may possibly have reformed since. You may also search the bureau nearby with the help of Legal Language Services USCIS Office Locator. The facilities rendered by the USCIS consist of the settlement of family and requisitions based on employments along with issuing the documents of employment authorization, plus asylum and immigrant handling, naturalization as well as carrying out of special grade programs for instance Temporary Protected Status.
Despite of the fact that the management of immigration assistances was merged into the USCIS, the infinite preponderance of the supplementary roles done by means of INS was merged with other two bureaus under the Department of Homeland Security. And the name of those bureaus are; Bureaus of Immigrations and Custom Enforcement, known as BICE and the other one is, Bureaus of Custom and Border Protection, as known as BCBP.

Friday, March 25, 2011

Procedure and Documentation Required to Obtain a Fiancée Visa

If you are a US citizen planning to get married in the US, and your fiancé/fiancée is a foreign national, you can find solution to your problem by applying for a fiancée visa or K-1 visa.

Application Process of K-1 or Fiancée Visa

Before applying for a K-1 visa, the US citizen, on behalf of the foreign fiancé(e), has to file a Petition for Alien Fiancé or Form I-129F, at the nearest USCIS office in his/her locality or at the nearby US consulate, if the citizen is living abroad. After the approval from the USCIS, this petition goes to the National Visa Center for further processing, from where it is sent to US Embassy.
It is in this Embassy or US Consulate that your fiancé(e) has to apply for a K-1 non-immigrant fiancée visa, which is valid up to 90 days. This US Embassy’s Consular section will guide the foreign fiancé(e) with details about what documents are needed and how to go about the application. Along with the documents, the fiancé/fiancée has to go through an interview where a digital, ink-free fingerprint scan will also be done for later identification of the person.

Things to be noted:

Within 90 days of entering the United States, your fiancé(e) must get married to you. In case the marriage doesn’t happen within the stipulated period, or your fiancé doesn’t marry you, your fiancée has to leave US, as extension of this fiancée visa is not a possible option. If this visa expires and the marriage did not take place, your fiancé will have to leave the US and will need a new visa to re-enter.
Both your fiancé(e) and you must be legally free to marry each other. So “legal proof” must be available to show that both of you are eligible to marry, and that if either or both of you were married earlier, that marriage was ended legally. Moreover, both of you must have met in the last two years before filling a petition. However, exemptions are possible, if meeting each other can create problems for both of you or is against your religious traditions and customs.
This petition can only be filed by US citizens. Green Card holders or permanent residents have to marry outside US, and then file Form I-130 to petition their spouse to immigrate to the US.

The Documentation Required

Clear photocopies of the following necessary documents are to be attached with the fiancée visa application. Any document that is not in English has to be translated and the translations have to be attached along with a certificate from the translator certifying his/her qualification to translate. Any original document if required will be requested from you and will be returned at the time of the interview or later.
  1. A passport for traveling to US with an expiry date later than 6 months or more
  2. Birth Certificate.
  3. Death or divorce record of any earlier spouse of you and your fiancé(e).
  4. Medical examination report.
  5. Police verification document from all the places lived, since the age of 16 years.
  6. USCIS Form I-134; Affidavit of Support may be submitted as a proof of financial capability.
  7. Proof of relationship with the fiancée/ fiancé.
  8. Two Nonimmigrant Visa Applications
  9. Two visa photos of the nonimmigrant
  10. One Nonimmigrant Fiancée Visa Application, Form DS-156K.

US Citizens Marrying Abroad

A US citizen marrying abroad has to file a petition Form I-130, for immigration of the alien spouse, after the marriage with the United States Citizenship and Immigration Services (USCIS, previously INS) in the United States. At times, this petition may be filed at the U.S. Embassies or Consulates outside US, but prior information must be collected, as not every consulate has this provision.

Lost Citizenship Certificate

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.

Thursday, March 24, 2011

How do I attain US citizenship?


How do I attain US citizenship?
US citizenship can be obtained by birth, by parentage, or through a process called naturalization.
All people born in the US and subject to the jurisdiction of the US are US citizens at the time of their birth. This applies to people born in all territories and possessions of the US as well.
Acquiring citizenship through your parent
People born outside of the US to parents who are US citizens can acquire US citizenship. If at least one of your parents is a US citizen, you can acquire citizenship through this parent if you are under eighteen years old, reside in the US with at least one of your US citizen parents, and are legally in the US as a permanent resident. If you do not reside in the US, you can still acquire citizenship through a US citizen parent if this parent has been residing lawfully in the US for at least five years, you are under eighteen years old, and you entered the US lawfully in a temporary status. In both of these cases, you automatically acquire US citizenship and do not need to apply for US citizenship.
People who need to document proof of their US citizenship can file Form N-600, Application for Certificate of Citizenship, with the USCIS (U.S. Citizenship and Immigration Service) to receive a certificate showing their status as a US citizen. You do not need to file Form N-400, Application for Naturalization if you acquired citizenship through your parent. Form N-400 is used by those who need to apply for US citizenship.
Eligibility to apply for US citizenship
If you are not a US citizen by birth or you did not acquire US citizenship through your parents after you were born, you may be eligible to apply for US citizenship through a process called naturalization. Unless you are a member of the US military, you must be a legal permanent resident (Green Card holder) in order to be eligible to apply for US citizenship.
You may eligible to apply for US citizenship if:
  • You have been a legal permanent resident for at least five years;
  • You have been a legal permanent resident for at least three years and are married to a US citizen; or
  • You have qualifying service in the US military.
You must be physically present in the US for a certain amount of time before being able to file your US citizenship application. The amount of time required depends on your basis for being able to obtain US citizenship.
If you are required to have five years as a legal permanent resident, you must have thirty months of physical presence in the US before you can file your US citizenship application.
If you are married to a US citizen and are using this as a basis for your US citizenship, you must have eighteen months of physical presence in the US before you can file your US citizenship application.
If you are using qualifying military experience as a basis for your US citizenship application, your time in the military can be counted toward the physical presence requirement.
You must have continuous residence in the US during your status as a permanent resident. This is separate from the requirement to be physically present in the US. If you have left the US for over six months, you may have broken your period of continuous residence in the US. You will need to submit proof with your US citizenship application that you did not break this period of continuous residence. If you have left the US for more than one year, you have broken this period of continuous residence in most cases. Members of the military are exempt from this requirement.
You must demonstrate good moral character. If you have been convicted of certain crimes, including murder or any aggravated felonies, the USCIS will determine that you do not have good moral character. Other offenses may temporarily prevent you from applying for naturalization. You must be truthful when completing your US citizenship application. The USCIS may deny your US citizenship application if you lie about anything while completing it.
Applying for US citizenship
If you are eligible, you can apply for US citizenship by completing and filing Form N-400, Application for Naturalization. You will need to submit the form along with two passport-style photographs and supporting documents to the appropriate USCIS office.
After you file your US citizenship application, you will be required to get your fingerprints taken at a local USCIS office. You must also appear for an interview and pass English and Civics examinations. If you fail either of these tests, you will be given an appointment to retake them. If you fail either test a second time, your US citizenship application will be denied.
Once you have completed all of these steps and received a notice from USCIS stating that your US citizenship application has been approved, you must appear to take an Oath of Allegiance at a naturalization ceremony. The USCIS will send you a notice containing the date of this ceremony. At some USCIS offices, you may be able to complete this oath on the same day as your interview.
You will receive your certificate of naturalization once you have completed the Oath of Allegiance. This certificate can be used as proof of your US citizenship. You may need to modify your status with the Social Security Agency and the state that issued your driver’s license to reflect that you are now a US citizen.

How do I apply for a fiance(e) visa?


How do I apply for a fiance(e) visa?
If you are a US citizen, you can bring your foreign national fiance(e) to the US in order to get married. Your fiance(e) will need a K-1 visa, or fiance(e) visa. Your marriage must occur within ninety (90) days of your fiance(e)’s entry into the US. Your fiance(e)’s children can also enter the US if they are unmarried and under age twenty-one (21).
The first step in the K-1 fiance(e) visa application process is completed in the US by you. You must be a US citizen in order to be eligible to receive a K-1 visa for your fiance(e). You will need to complete Form I-129F, Petition for Alien Fiance(e), and file it with the US Citizenship and Immigration Services (USCIS). This form is three (3) pages long and asks for information about you and your fiance(e). Additionally, you and your fiance(e) both need to complete Form G-325A, Biographic Information, to send with the fiancee visa application. Form I-129F and Form G-325A are the two (2) fiance(e) visa forms that need to be filed with the USCIS.
Next, you should gather all of the supporting documents required for the fiance(e) visa application. These documents will be filed along with the fiance(e) visa forms mentioned above. You will have to submit proof that you are a US citizen. You can submit a full copy of all pages of your US passport to prove your citizenship. If you do not have a passport, you can prove your citizenship with other documents as well, such as a copy of a birth certificate, certificate of naturalization, certificate of citizenship or Form FS-240, Report of Birth Abroad of a US Citizen.
You must prove that both you and your fiance(e) can legally marry each other. If you or your fiance(e) have previously been married, you must submit proof that those marriages have been legally terminated. You must also show the USCIS that you have met your fiance(e) in person within the last two (2) years. You could prove this with travel itineraries, pictures of you and your fiance(e) together, and notarized affidavits given by you and your fiance(e), for example. There are limited exceptions to the requirement to meet in person. If you have never met your fiance(e) in person, you will have to prove that you have not met due to extreme hardship or that you have not met because it is against your custom, culture, or social practice.
In the fiance(e) visa application, you must prove that you truly intend to marry your fiance(e) within ninety (90) days after he or she enters the US. You should submit statements from both you and your fiance(e) declaring your intentions to marry. You may also submit any additional proof of this intent, such as wedding plans or invitations. You should file the fiance(e) visa application with a passport-style color photograph of yourself and a passport-style color photograph of your fiance(e). These photographs must be taken within thirty (30) days of the filing of the fiance(e) visa application.
If you’ve ever been convicted of certain violent crimes or certain crimes involving controlled substances, you need to submit a certified copy of all of your criminal records and police records with the fiance(e) visa forms. Please consult the list on page 3 of the instructions to Form I-129F if you are unsure whether you need to send your criminal record to USCIS. If your fiance(e) visa application is approved, a copy of your court and police records will be given to your fiance(e) at his or her visa interview.
If the USCIS approves your fiance(e) visa application, it will forward the approval to the National Visa Center for processing. Then the petition will be sent to the U.S. consulate located in your fiance(e)’s home country. Your fiance(e) must then complete the second stage of the fiance(e) visa application and appear at the consulate for an interview.
Before the visa interview, your fiance(e) will need to complete the required medical examination. Your fiance(e)e should contact the consulate in his or her home country to obtain a list of doctors that are qualified to provide the examination. Your fiance(e) will also need to obtain two (2) passport-style photographs to bring to the visa interview.
Your fiance(e) must complete two fiance(e) visa forms: Form DS-156, Nonimmigrant Visa Application and Form DS-156K, Nonimmigrant Fiance(e) Visa Application. Your fiance(e) may also be required to provide Form I-134, Affidavit of Support. This form needs to completed by you and shows that you have enough financial resources to support your fiance(e) if you should need to do so. Your fiance(e) should come to the interview with a valid passport, birth certificate, and evidence of his or her relationship with you and intention to marry you within ninety (90) days of arriving in the US. This evidence can be similar to the evidence you provided to USCIS in the first stage of the fiance(e) visa application. Results of the required medical exam must be submitted at the time of the visa interview. Your fiance(e) will also need to pay various fees associated with issuing the visa. Check with the consulate before your fiance(e)’s interview because procedures vary slightly from consulate to consulate.
At the K-1 visa interview, a consular officer will determine if your fiance(e) is eligible for the K-1 visa. The officer will probably ask questions about how your fiance(e) met you and how you became engaged. If everything is in order, the consular officer will grant your fiance(e) a K-1 visa. If your fiance(e) has unmarried children under age twenty-one (21), these children may enter the U.S. with your fiance(e). These children must appear at the interview to obtain visa stamps in their passports.
You and your fiance(e) must marry within ninety (90) days of your fiance(e)’s entry into the United States. If for any reason you do not marry, your fiance(e) must leave the US before the ninety (90) days have passed. After the marriage, you may file with the USCIS to getpermanent resident status for your new spouse.
Click here to prepare your K-1 fiance(e) visa at ImmigrationDirect.com.
Click here to prepare an application for permanent residency for your foreign spouse at ImmigrationDirect.com.

Wednesday, March 23, 2011

Procedure and Documentation Required to Obtain a Fiancée Visa

If you are a US citizen planning to get married in the US, and your fiancé/fiancée is a foreign national, you can find solution to your problem by applying for a fiancée visa or K-1 visa.

Application Process of K-1 or Fiancée Visa

Before applying for a K-1 visa, the US citizen, on behalf of the foreign fiancé(e), has to file a Petition for Alien Fiancé or Form I-129F, at the nearest USCIS office in his/her locality or at the nearby US consulate, if the citizen is living abroad. After the approval from the USCIS, this petition goes to the National Visa Center for further processing, from where it is sent to US Embassy.
It is in this Embassy or US Consulate that your fiancé(e) has to apply for a K-1 non-immigrant fiancée visa, which is valid up to 90 days. This US Embassy’s Consular section will guide the foreign fiancé(e) with details about what documents are needed and how to go about the application. Along with the documents, the fiancé/fiancée has to go through an interview where a digital, ink-free fingerprint scan will also be done for later identification of the person.

Things to be noted:

Within 90 days of entering the United States, your fiancé(e) must get married to you. In case the marriage doesn’t happen within the stipulated period, or your fiancé doesn’t marry you, your fiancée has to leave US, as extension of this fiancée visa is not a possible option. If this visa expires and the marriage did not take place, your fiancé will have to leave the US and will need a new visa to re-enter.
Both your fiancé(e) and you must be legally free to marry each other. So “legal proof” must be available to show that both of you are eligible to marry, and that if either or both of you were married earlier, that marriage was ended legally. Moreover, both of you must have met in the last two years before filling a petition. However, exemptions are possible, if meeting each other can create problems for both of you or is against your religious traditions and customs.
This petition can only be filed by US citizens. Green Card holders or permanent residents have to marry outside US, and then file Form I-130 to petition their spouse to immigrate to the US.

The Documentation Required

Clear photocopies of the following necessary documents are to be attached with the fiancée visa application. Any document that is not in English has to be translated and the translations have to be attached along with a certificate from the translator certifying his/her qualification to translate. Any original document if required will be requested from you and will be returned at the time of the interview or later.
  1. A passport for traveling to US with an expiry date later than 6 months or more
  2. Birth Certificate.
  3. Death or divorce record of any earlier spouse of you and your fiancé(e).
  4. Medical examination report.
  5. Police verification document from all the places lived, since the age of 16 years.
  6. USCIS Form I-134; Affidavit of Support may be submitted as a proof of financial capability.
  7. Proof of relationship with the fiancée/ fiancé.
  8. Two Nonimmigrant Visa Applications
  9. Two visa photos of the nonimmigrant
  10. One Nonimmigrant Fiancée Visa Application, Form DS-156K.

US Citizens Marrying Abroad

A US citizen marrying abroad has to file a petition Form I-130, for immigration of the alien spouse, after the marriage with the United States Citizenship and Immigration Services (USCIS, previously INS) in the United States. At times, this petition may be filed at the U.S. Embassies or Consulates outside US, but prior information must be collected, as not every consulate has this provision.

Monday, March 21, 2011

US Fiancé Visa- Get Your Fiancé Into the US Permanently

US Fiancé Visa- Get Your Fiancé Into the US Permanently

K-1 visa, which is the US fiancé visa, is issued to those aliens who are outside the US and wish to enter for the purpose of marriage to a US citizen. The US citizen should file Form I-129 F, Petition for Alien Fiancée with the USCIS.
A fiancé(e) is one who is engaged or contracted to be married. The marriage should be legally possible according to laws of the state in the US where the marriage will take place. Applicants are required to have met in person within the past 2 years from the date of filing. Some exceptions may apply to the requirement of having met in person during the preceding two year. For example, it may be contrary in some traditions for a man and woman to meet before marriage.

Form I-129 F, Petition for Fiancé

The first step in getting the US fiancé visa, is filing Form I-129 F, Petition for Alien Fiancée, which the American citizen has to file along with the necessary documents at the nearest USCIS office having authority in the area of residence of the US citizen.
Once the petition is approved, the USCIS will send it to the National Visa Center to begin with the processing, which would be later sent to the Embassy or Consulate in the country where the fiancé(e) lives. The fiancé(e) should then apply for a K-1 visa at this consulate. Generally, the validity period of this approved petition is four months, which can be further extended by the Consular Officers if the processing of the US fiancé visa application is not complete.
After all the submitted documents are verified, the officer at the Consulate will notify the foreign fiancé about the scheduled interview. On clearing the interview, the fiancé will be issued a single entry US fiancé visa valid for 3 months, within which the petitioner (the US citizen ) and the alien fiancé should get married.
After marriage, the foreign spouse has to apply for adjusting status to conditional permanent resident. After completing two years of marriage, the citizen and his/her spouse should file a Form I-751 to remove the conditions on the residence.
The US fiancé visa process is a long one and the time limit cannot be stated exactly, as every immigration office takes different times to process the application. It depends on the number of applications received.

Overview of the US Fiancé Visa Process

  1. US citizen files a Form I-129, Petition for Alien Fiancé(e) with the USCIS office that serves the area where he or she lives.
  2. Once the USCIS approves the petition, USCIS will notify the U.S. embassy or consulate in the fiancé(e)’s country.
  3. The fiancé(e) will then apply for a K-1 visa that U.S. embassy or consulate
  4. The fiancé(e) will then enter the US with K-1 visa status and has 90 days to marry the U.S. citizen.
  5. After marriage, the K-1 visa holder changes status by applying for legal permanent residency (”Green Card“).

Wednesday, March 16, 2011

USCIS to Issue Employment and Travel Authorization on a Single Card


USCIS to Issue Employment and Travel Authorization on a Single Card
On February 11, 2011, U.S. Citizenship and Immigration Services (USCIS) announced that it will begin issuing employment and travel authorization on a single card for applicants filingForm I-485, Application to Register Permanent Residence or Adjust Status. The new card format represents a significant improvement, replacing the current practice of issuing paper Advance Parole documents.
The appearance of the card will be similar to the current Employment Authorization Document (EAD) but will include the following text: “Serves as I-512 Advance Parole.” Not only will this card serve a dual purpose, but the new card is also more secure and more durable than current travel authorization, Advance Parole paper document.
An applicant may receive this card by filing an Application for Employment Authorization,Form I-765, and an Application for Travel Document, Form I-131, concurrently with or after filing Form I-485. For cases not involving the filing of Form I-485, USCIS will continue to issue separate EAD and Advance Parole documents. Employers may accept the new card as a List A document when completing Form I-9, Employment Eligibility Verification.
The combined employment authorization and Advance Parole card allows an applicant for adjustment of status to travel abroad and return to the U.S. without abandoning the pending adjustment application. This is similar to what the current Advance Parole document allows you to do.
Some Questions and Answers regarding the new card:
Q. How does the new card differ from the current Employment Authorization Document (EAD)?
A. The card will look similar to the current Employment Authorization Document (EAD) and will include the following text: “Serves as I-512 Advance Parole”. A card with that includes this text will serve as an employment and travel authorization card.
Q. Why did USCIS create this new dual-purpose card?
A. This new card allows adjustment of status applicants to no longer carry both an EAD and a separate paper Advance Parole (travel) document while awaiting approval of their Form I-485 applications. Applicants will only have to carry this one dual-purpose card. The new card is also more secure and more durable than current travel authorization, Advance Parole paper document.
Q. How do I get this new EAD and Advance Parole card?
A. You can obtain this card when you file an Application for Employment Authorization, Form I-765, and an Application for Travel Document, Form I-131, at the same time or after you file Form I-485, Application to Register Permanent Residence or Adjust Status. You must file Forms I-765 and I-131 at the same time in order to receive an EAD and Advance Parole card. When filling out the two applications, make certain that you enter your name and address identically on both Forms I-765 and I-131.
Q. Does this new card guarantee my re-entry into the United States if I travel abroad?
A. No. This card will allow you to travel abroad and return to the U.S. When arriving at a port-of-entry, you must present the card to a Customs and Border Protection (CBP) Officer to request parole but issuance of an Advance Parole document does not guarantee that the CBP will allow re-entry into the U.S. It is important to note that individuals who have been unlawfully present in the U.S. and depart and seek re-entry into the U.S. may be inadmissible and ineligible to adjust their status.
Q. How much does this card cost?
A. If an application for adjustment of status was submitted on or after July 30, 2007, you will pay only one fee to file Form I-485, Form I-765 and Form I-131. The amount you pay is equal to what it would cost to file Form I-485 alone, including biometric fees.
Q. How long is this card valid?
A. USCIS will issue this card for a period of one or two years. USCIS may also issue a card for a longer or shorter period, depending on a per case basis.
Q. What if you already have an EAD or an Advance Parole document?
A. If your current Advance Parole document and EAD card have different expiration dates, you may only receive the dual-purpose card if both documents have less than 120 days left before they expire, or if the EAD has less than 120 days left before it expires and the Advance Parole or travel document is for a single entry only. Do not apply more than 120 days before your current EAD expires if you decide to file for this card by filing Forms I-765 and I-131 at the same time. The validity period for the new EAD and Advance Parole, dual-purpose card will begin on the date of the approval of Forms I-765 and I-131.
Q. Will USCIS still issue separate EAD and Advance Parole documents?
A. Yes. USCIS will still issue separate EAD and Advance Parole documents. For example, you will receive an EAD without travel authorization if you do not request Advance Parole or if your Form I-765 is approved but your Form I-131 is denied.
Q. How do I get another card if it lost or damaged?
A. To replace your card, you must file the Application for Employment Authorization, Form I-765, and Application for Travel Document, Form I-131, at the same time and pay the appropriate fee for each of the filed forms. Although individuals do not have to initially pay fees for filing Forms I-765 and I-131 when they concurrently file with Form I-485, they are required to pay Forms I-765 and I-131 application fee(s) when you are re-filing these applications in order to replace the card due to loss, negligence or damage.
Q. Is this card available to anyone?
A. No. This card is only available to individuals who have a pending family or employment based Form I-485 in the USCIS pipeline.