Green card renewal involves the filing of Form
I-90 either through mail or online. The Online process of Green
Card Renewal is known as Electronic filing and it involves the
following three steps
Step 1:Going to the E-filing Log in Page on the
USCIS website. After logging in, the applicant
should file in the I-90, after which a checklist of all the
required supporting evidence will be provided to
him/her.
Step 2:Mailing the documentations to the Nebraska
Service Center. One important thing to be noted here is that until
and unless the applicants send in their documents, their green card
renewal application will not be processed.
Step 3: Receiving an appointment to appear for the
biometrics test. The applicant should go to the biometrics test
along with the following
-
Biometrics appointment notice
-
Photo Identification – Passport, Driver’s
License, Military Photo Identification or Identification card
issued by the State
Who is eligible to go in for E-filing of Green
Card Renewal Application?
Green Card holders who fall under any of the
below mentioned situations can go in for the
E-filing
-
Having a Green Card that is about to expire
within the next six months or has already expired or an older
version
-
Replacing a lost, stolen, mutilated or
destroyed card
-
Going in for an update due to a name change
or biographic data change.
-
Having taken up commuter
status
-
Taking up actual residence in the US after
being commuter for so long.
-
Automatic conversion of status to that of a
permanent resident
Filing Fee for E-filing of
I-90
The total filing fee for the submitting the
green card renewal application online is $ 450 - $ 365 is the
application processing fee and $85 is the biometric
fee
How to make changes in the E- filed
application?
In case the applicant has an address change to
be made on the E-filed I-90, then he/she can access the ‘Change of
Address’ tab on the USCIS website and follow the instructions
given. Applicants who are going in for a Green Card renewal due to
changes in name or biographic data need to bring along a copy of
the document with their changed name (marriage certificate) and
proof to establish that the new data is correct respectively. The
USCIS advises the applicants to bring in their proof to support any
information change in person while coming to the Application
Support Center. Written Correspondence will not be accepted by the
USCIS.
Make a note of the following while going in for
E-filing
The application should not be submitted more
than once as the fee will be debited from the applicant’s bank
account for every submission. Receiving a Confirmation receipt
number is an indication that the application has been successfully
submitted. Before clicking the ‘Finish’ tab, the applicant should
note down the receipt number. An electronic PDF copy of the green
card renewal application and the confirmation receipt number will
be automatically generated at the end of the application process.
It is advisable to take copies of this and save it for future
reference.
How to withdraw the
I-90?
A written request should be sent to the
Nebraska Service Center if an applicant wants to withdraw or cancel
the Green Card renewal Application. No refunds or return of the
filing fee will be done.
Who cannot go in for E-filing of green card
renewal application?
Persons who are conditional residents; who live
outside the US, Guam, Puerto Rico, Virgin Islands; who are applying
for a fee waiver cannot use this option. When applicants are filing
in I-90 due to the reason that they never received the issued Green
Card or the issued card was with incorrect data due to the USCIS
error, mailing the application is the only available option.
Similarly individuals who are filing in I-90 to renew their card
within 30 days of becoming a 14 yr. old and the existing green card
will/will not expire, they need to file in a paper I-90
form.
Date Published: Mar 01, 2012 - 4:08 am
1024x768 Normal 0 false false false EN-US X-NONE X-NONE
GreenCard renewal involves the filing of Form
I-90 either through mail or online. The Online process of Green
Card Renewal is known as Electronic filing and it involves the
following three steps
Step 1: Going to the E-filing Log in Page on the
USCIS website. After logging in, the applicant
should file in the I-90, after which a checklist of all the
required supporting evidence will be provided to him/her.
Step 2: Mailing the documentations to the
Nebraska Service Center. One important thing to be noted here is
that until and unless the applicants send in their documents,
their green card renewal application will not be
processed.
Step 3: Receiving an appointment to appear for
the biometrics test. The applicant should go to the biometrics
test along with the following
-
Biometrics appointment
notice
-
Photo Identification –
Passport, Driver’s License, Military Photo Identification or
Identification card issued by the State
Who is eligible to go in for E-filing of
Green Card Renewal Application?
Green Card holders who fall
under any of the below mentioned situations can go in for the
E-filing
-
Having a Green Card that is
about to expire within the next six months or has already expired
or an older version
-
Replacing a lost, stolen,
mutilated or destroyed card
-
Going in for an update due
to a name change or biographic data change.
-
Having taken up commuter
status
-
Taking up actual residence
in the US after being commuter for so long.
-
Automatic conversion of
status to that of a permanent resident
Filing Fee for E-filing of I-90
The total filing fee for the
submitting the green card renewal application online is $ 450 - $
365 is the application processing fee and $85 is the biometric
fee
How to make changes in the E- filed
application?
In case the applicant has an
address change to be made on the E-filed I-90, then he/she can
access the ‘Change of Address’ tab on the USCIS website and
follow the instructions given. Applicants who are going in for a
Green Card renewal due to changes in name or biographic data need
to bring along a copy of the document with their changed name
(marriage certificate) and proof to establish that the new data
is correct respectively. The USCIS advises the applicants to
bring in their proof to support any information change in person
while coming to the Application Support Center. Written
Correspondence will not be accepted by the USCIS.
Make a note of the following while going
in for E-filing
The application should not
be submitted more than once as the fee will be debited from the
applicant’s bank account for every submission. Receiving a
Confirmation receipt number is an indication that the application
has been successfully submitted. Before clicking the ‘Finish’
tab, the applicant should note down the receipt number. An
electronic PDF copy of the green card renewal application and the
confirmation receipt number will be automatically generated at
the end of the application process. It is advisable to take
copies of this and save it for future reference.
How to withdraw the I-90?
A written request should be
sent to the Nebraska Service Center if an applicant wants to
withdraw or cancel the Green Card renewal Application. No refunds
or return of the filing fee will be done.
Who cannot go in for E-filing of green
card renewal application?
Persons who are conditional
residents; who live outside the US, Guam, Puerto Rico, Virgin
Islands; who are applying for a fee waiver cannot use this
option. When applicants are filing in I-90 due to the reason that
they never received the issued Green Card or the issued card was
with incorrect data due to the USCIS error, mailing the
application is the only available option. Similarly individuals
who are filing in I-90 to renew their card within 30 days of
becoming a 14 yr. old and the existing green card will/will not
expire, they need to file in a paper I-90 form.
Date Published: Feb 17, 2012 - 6:14 am
1024x768 Normal 0 false false false EN-US X-NONE X-NONE
Naturalization is the process of becoming a US
citizen purely on a voluntary basis when that person is not born
in the US. It is by far the easiest way for those, who do not
have the birthright citizenship or who cannot acquire it from
their parents. For example, if an immigrant from the Philippines
wants to become a US citizen, then he/she should use the form
N-400 to become a naturalized citizen. Filing this application
alone will not make you a US citizen. There are so many ‘must
know facts’ before going on to the naturalization process.
How to become a naturalized
citizen?
Not everybody who immigrates
to the US wants to become its citizen. They are quite content and
happy with the privileges offered by the green card, that they do
not want to spend money or time on the citizenship application
process. At times, the thought of becoming a US citizen
fascinates a part of the immigrant community who would cherish
the title and a US passport (which is possible only by becoming a
US citizen). Many questions pop up on your minds, when you think
of the naturalization process. Getting a clear idea of the
process is half the job done.
Q: Am I eligible to become a naturalized
citizen?
The most basic requirement
for this is you should be 18 yrs of age or above. In addition to
this, you need to satisfy the following eligibility
criteria.
-
Establish 5 yrs as a
permanent resident of the US, 3 yrs in the case of conditional
residents – This is referred to as the ‘continuous residence
criteria’
-
Accumulate at least 30
months of permanent residence in the US, 18 months in the case of
conditional residents – This is the ‘physical presence’
criteria
-
Be a resident of the address
that you are filling in on the form for 3 months, prior to the
submission
-
Possess good moral
values
-
Have sufficient knowledge
about the ancient history and the constitution of the country as
you will be required to clear a Citizenship test and
interview
If your status confirms with
all the above mentioned, then you can go ahead with the process
of becoming a naturalized citizen.
Q: What if I want to go to my native
country for a short visit? Will it break my continuous
residence?
When you undertake trips out
of the US that are less than six months, you do not have to worry
about it becoming an issue. But if they are between 6-12 months,
then your continuous residence will be deemed to be broken unless
you can prove otherwise to the USCIS (it is really difficult!). So it is
better to cut short your trips if you so badly want to become a
naturalized citizen without any problems.
Q: What if I conceal information about
my criminal history or charges that were filed on me on the
application?
USCIS is not happy with
untruthful applicants who try to conceal their shady past and act
like a good person. What you should know is that how much ever
clever you may be in concealing these facts, the FBI will dig out
everything during their routine name check (part of the
naturalization process).
These are some of the most
common queries that may trouble you during the process of
becoming a naturalized citizen.
What next after filing in
N-400?
Once you are clear with all
those that are troubling your mind, proceed with the submission
of the application (N-400). This should be accompanied by 2
passport size photographs, documents for proof and the filing
fee. When the application is approved by the USCIS, you will be
asked to appear for a biometrics test. When this is cleared by
the FBI, you will be scheduled the citizenship test and
interview. Some may get through this easily and may become a
naturalized citizen at the end of it. But there is the other side of
it where you have to wait to receive a date for the oath ceremony
so that you can become a naturalized citizen finally. Taking the
Oath of allegiance and returning the green card marks the end of
the naturalization process.
Date Published: Feb 10, 2012 - 5:25 am
Life will always seem to be
more wonderful when you share it with the love of your life. Love
has been found transcend nations, languages, religions and all
barriers. Although laws of the land may vary from country to
country, the immigration laws of the US are always in favor of
the love birds.
The US immigration law
allows a fiancé, who is a foreign citizen, to enter the US, only
when sponsored by a US citizen. This allows the foreign-citizen to
travel to the US and marry the US citizen within 3 months of
setting foot on US soil. The K-1 visa or the fiancé visa is
really a boon for many couples to begin their life in the
US.
US citizen who is sponsoring
his fiancé should first ensure that both of them meet all the
necessary eligibility requirements. Form I-129F is the one that
is to be used for this purpose.
If you are a US citizen,
then take note of the following points,
Personal contacts over
the last two years - Should have met with each other personally, within the
past two years of filing the I-129F. There is an exception to
this when extreme hardships prevent them from meeting. Also if
the culture, customs or even the law of the country prohibits
such meetings before the marriage, then this condition will be
overlooked by the USCIS. This will give them a waiver from the
usual procedure.
90days is all you have
got - You and
your fiancé should have all your wedding plans ready even before
she enters the US. This is because the US allows only 90 days on
a K-1 visa, within which the marriage should have happened.
Failing to do this will result in the fiancé moving out of the US
with the expiry of the visa
Proving the citizenship
status - Copy of
the birth certificate if you come under the birthright
citizenship category or naturalization certificate if you got
naturalized are considered as proof of citizenship. In case of
acquiring citizenship through your parents, you need to submit
your original certificate of citizenship. A copy of your fully
valid US passport which will not expire for the next five years
can be considered as a substitute for all the above.
Not legally
bound - You along
with your fiancé should be legally eligible to enter into a
marriage that will be allowed by the laws of both the
countries.
Children of the spouse who
is filing in the fiancé visa application can also get listed
under the same petition and they can enter the US on a K-2
visa.
Steps in the Fiancé visa
application process
Filing the I-129F is the
first step. This has to be filed only in a USCIS office that serves the area of residence
of the US citizen within the country and not in any Embassy or
consulate that is abroad. The application will be forwarded to
the National Visa Center (NVC) once it is approved by the USCIS.
From here this will be sent to the US Embassy in the country
where the fiancé is going to file in the visa application.
The US Embassy will then
take it into its responsibility the process of directing the
fiancé as to how to proceed with the fiancé visa application
process. It is essential that the Consular officer believes that
the fiancé will not become a public charge once she is in the US.
For this, sufficient proof of the financial resources of the
fiancé or the US citizen sponsor should be furnished while
applying. Medical examinations, fingerprinting and a personal
interview will be a part of this process, after which the
decision regarding the application will be taken by the Consular
officer. If the fiancé visa is approved, then the officer will
provide a sealed packet that is required to be opened only on
entering the US.
After getting in to the US
on this fiancé visa, it is important that the person files in to
become a permanent resident. It is also necessary to file in Form
I-765 to get an EAD if the spouse intends to work after getting
married.
Date Published: Feb 03, 2012 - 5:29 am
‘Marriages are made in
heaven’ is a very popular adage! Even though they are
finalized in heaven, the wedding has to be solemnized on earth.
US Immigration laws are framed so as to benefit US citizens who
marry nationals of other countries. Love has no barriers and the
US laws are so helpful for the lovers to unite in
matrimony.
A US citizen can easily
bring in the fiancé into the US, get married and live happily. In
case the Fiancé is already legally in the US or the marriage is
to take place outside the US, then this fiancé visa need not be
filed. The K-1 Fiancé visa is the one that is used specifically
for this purpose.
This visa belongs to the
nonimmigrant visa category and it should be petitioned by the US
citizen spouse, with the USCIS, for the fiancé to enter the
United States. Once this visa is approved, the foreign national
fiancé can enter the US and get married within 90 days of
arriving in the country. The foreign national can then adjust
status to that of a permanent resident and get a green
card.
The 90 days period is the
most important factor to be considered. The duration of the
fiancé visa is just 90 days and if the marriage does not happen
within this time limit, then the visa stand cancelled and the
foreign national spouse has to leave the US. Extensions cannot be
obtained for this fiancé visa and the marriage has to place
within this 90 days.
Form I-129F is the USCIS
form that is used to petition a foreign fiancé. Children of the
fiancé can also be petitioned by the US citizen using the same
form but for a different K-2 visa. The filing fee of this fiancé
visa is $340 and it is advisable to check the USCIS site before
filing the application. This form cannot be adjudicated at any
USCIS office that is outside the US.
Since the marriage has to
take place within 90 days, all the preparations should be made
ready well in advance itself. The processing times of this
fiancé` visa varies but once can check their application status
on the USCIS website using the ‘Check processing times’
link.
Who can file this fiancé
visa?
US citizen who is
petitioning this visa should be able to demonstrate the following
in order to file the same.
-
Proof of US citizenship
status
-
Intention to marry within 90
days of the fiancé’s entry into the United States.
-
Both the petitioner and the
fiancé should be legally free to enter in marriage and any of
their previous marriages should be legally terminated.
-
Both of them should have met
in person at least once within 2 yrs of applying for the fiancé
visa. Only two circumstances allow an exemption form this
1.
If the meeting was in terms
of violation of the country’s or custom’s norms
2.
If the meeting would prove
to result in extreme hardships
What next after getting
the fiancé visa?
Once the foreign national
enters the US on this fiancé visa and gets married to the US
citizen, the next step would be to apply for permanent resident
status. It is also possible for the fiancé to file in
Form I- 765 which is the Application for Employment
Authorization and become eligible for employment in the
US.
Date Published: Jan 20, 2012 - 5:12 am
Naturalization is the
process of becoming a US citizen purely on a voluntary basis when
that person is not born in the US. It is by far the easiest way
for those, who do not have the birthright citizenship or who
cannot acquire it from their parents. For example, if an
immigrant from the Philippines wants to become a US citizen, then
he/she should use the form N-400 to become a naturalized citizen. Filing
this application alone will not make you a US citizen. There are
so many ‘must know facts’ before going on to the naturalization
process.
How to become a
naturalized citizen?
Not everybody who immigrates
to the US wants to become its citizen. They are quite content and
happy with the privileges offered by the green card, that they do
not want to spend money or time on the citizenship application
process. At times, the thought of becoming a US citizen
fascinates a part of the immigrant community who would cherish
the title and a US passport (which is possible only by becoming a
US citizen). Many questions pop up on your minds, when you think
of the naturalization process. Getting a clear idea of the
process is half the job done.
Q: Am I eligible to
become a naturalized citizen?
The most basic requirement
for this is you should be 18 yrs of age or above. In addition to
this, you need to satisfy the following eligibility
criteria.
-
Establish 5 yrs as a
permanent resident of the US, 3 yrs in the case of conditional
residents – This is referred to as the ‘continuous residence
criteria’
-
Accumulate at least 30
months of permanent residence in the US, 18 months in the case of
conditional residents – This is the ‘physical presence’
criteria
-
Be a resident of the address
that you are filling in on the form for 3 months, prior to the
submission
-
Possess good moral
values
-
Have sufficient knowledge
about the ancient history and the constitution of the country as
you will be required to clear a Citizenship test and
interview
If your status confirms with
all the above mentioned, then you can go ahead with the process
of becoming a naturalized citizen.
Q: What if I want to go
to my native country for a short visit? Will it break my
continuous residence?
When you undertake trips out
of the US that are less than six months, you do not have to worry
about it becoming an issue. But if they are between 6-12 months,
then your continuous residence will be deemed to be broken unless
you can prove otherwise to the USCIS (it is really difficult!).
So it is better to cut short your trips if you so badly want to
become a naturalized citizen without any problems.
Q: What if I conceal
information about my criminal history or charges that were filed
on me on the application?
USCIS is not happy with untruthful applicants
who try to conceal their shady past and act like a good person.
What you should know is that how much ever clever you may be in
concealing these facts, the FBI will dig out everything during
their routine name check (part of the naturalization
process).
These are some of the most
common queries that may trouble you during the process of
becoming a naturalized citizen.
What next after filing in
N-400?
Once you are clear with all
those that are troubling your mind, proceed with the submission
of the application (N-400). This should be accompanied by 2
passport size photographs, documents for proof and the filing
fee. When the application is approved by the USCIS, you will be
asked to appear for a biometrics test. When this is cleared by
the FBI, you will be scheduled the citizenship test and
interview. Some may get through this easily and may become a
naturalized citizen at the end of it. But there is the
other side of it where you have to wait to receive a date for the
oath ceremony so that you can become a naturalized citizen
finally. Taking the Oath of allegiance and returning the green
card marks the end of the naturalization process.
Date Published: Jan 13, 2012 - 4:27 am
What is the K-1 Fiancée or Fiancé Visa?
Life will
always seem to be more wonderful when you share it with the love of
your life. Love has been found transcend nations, languages,
religions and all barriers. Although laws of the land may vary from
country to country, the immigration laws of the US are always in
favor of the love birds.
The US immigration law allows a fiancé, who is a foreign citizen,
to enter the US, only when sponsored by a US citizen. This allows
the foreign-citizen to travel to the US and marry the US citizen
within 3 months of setting foot on US soil. The K-1 visa or the
fiancé visa is really a boon for many couples to begin their life
in the US.
Insight into the Fiancee visa
US citizen who is sponsoring his fiancé should first ensure that
both of them meet all the necessary eligibility requirements. Form
I-129F is the one that is to be used for this purpose.
If you are a US citizen, then take note of the following
points,
Personal contacts over the last two years - Should have met with
each other personally, within the past two years of filing the
I-129F. There is an exception to this when extreme hardships
prevent them from meeting. Also if the culture, customs or even the
law of the country prohibits such meetings before the marriage,
then this condition will be overlooked by theUSCIS. This will give them a waiver from the usual
procedure.
90days is all you have got - You and your fiancé should have all
your wedding plans ready even before she enters the US. This is
because the US allows only 90 days on a K-1 visa, within which the
marriage should have happened. Failing to do this will result in
the fiancé moving out of the US with the expiry of the visa
Proving the citizenship status - Copy of the birth certificate if
you come under the birthright citizenship category or
naturalization certificate if you got naturalized are considered as
proof of citizenship. In case of acquiring citizenship through your
parents, you need to submit your original certificate of
citizenship. A copy of your fully valid US passport which will not
expire for the next five years can be considered as a substitute
for all the above.
Not legally bound - You along with your fiancé should be legally
eligible to enter into a marriage that will be allowed by the laws
of both the countries.
Children of the spouse who is filing in the fiancé visa application
can also get listed under the same petition and they can enter the
US on a K-2 visa.
Steps in the Fiancé visa application process
Filing the I-129F is the first step. This has to be filed only in a
USCIS office that serves the area of residence of the US citizen
within the country and not in any Embassy or consulate that is
abroad. The application will be forwarded to the National Visa
Center (NVC) once it is approved by the USCIS. From here this will
be sent to the US Embassy in the country where the fiancé is going
to file in the visa application.
The US Embassy will then take it into its responsibility the
process of directing the fiancé as to how to proceed with the
fiancé visa application process. It is essential that the Consular
officer believes that the fiancé will not become a public charge
once she is in the US. For this, sufficient proof of the financial
resources of the fiancé or the US citizen sponsor should be
furnished while applying. Medical examinations, fingerprinting and
a personal interview will be a part of this process, after which
the decision regarding the application will be taken by the
Consular officer. If the fiancé visa is approved, then the officer
will provide a sealed packet that is required to be opened only on
entering the US.
After getting in to the US on this fiancé visa, it is important
that the person files in to become a permanent resident. It is also
necessary to file in Form I-765 to get an EAD if the spouse intends
to work after getting married.
Date Published: Jan 05, 2012 - 5:23 am
The United States government recognizes three possible ways in
which individuals can become U.S. citizens:
-
Being born in the United States (Right of Birth)
-
Being born outside of the United States to a parent or parents
who hold U.S. Citizenship (Right of Blood)
-
Meeting the citizenship eligibility requirements set by the
government (Naturalization)
Any child born in the United States is automatically granted
U.S. citizenship regardless of the nationality of his or her
parents, and children born abroad to American citizens
automatically acquire citizenship through their parents.
If a person is born abroad to parents who are not U.S.
citizens, he or she may obtain U.S. citizenship through a
process called naturalization, as long as the eligibility
requirements for naturalization are satisfied.
If you have been born abroad, you can either apply for
citizenship through naturalization (if you have been born to
parents who are not U.S. citizens) or claim citizenship through
your parents (if you have been born to parents who are U.S.
citizens). Both methods require you to submit the appropriate
form with United States Citizenship and Immigration Services
(USCIS).
Applying for Citizenship by Filing a Form N400 (born abroad, to non-U.S.
parents):
Individuals who have been born abroad to parents who are not
U.S. citizens may obtain U.S. citizenship through
naturalization by filing an application for naturalization form
N400. You may use this form if you meet the following
eligibility requirements:
-
You are at least 18 years of age, with a physical presence in
the United States.
-
You are a permanent resident of the United States who has
maintained a continuous U.S. residence for at least five years.
-
You have remained within your USCIS district or state for the
required amount of time, and you possess good moral character.
If you are married to a U.S. citizen, then you only need to
have maintained your U.S. residence for at least three years,
but you also must be living with your spouse.
Applying for Citizenship by Filing a Form N600 (born abroad, to U.S.
parents):
Individuals who are claiming U.S. citizenship by being born to
parents who are U.S. citizens must file the application for
certificate of citizenship form N600. You may use this form if
you meet the following criteria:
-
At least one of your parents is a U.S. citizen, whether by
birth or by naturalization.
-
Your parent, who is a U.S. citizen, must have physically
resided in the United States for a minimum of five years.
-
You were born to a U.S. citizen parent outside of the United
States, and you have fulfilled the requirements for becoming a
U.S. citizen prior to your 18th birthday.
If you are disabled, an immediate relative or legal guardian
may file Form N600 for you.
In the case of minor adopted or biological children under 18
years of age qualifying for citizenship under section 320 of
the Immigration and Nationality Act (INA), the application must
be filed by the U.S. citizen parent or legal guardian with
legal and physical custody.
Date Published: Jan 04, 2012 - 3:36 am
On 12.29.11, In Immigration Direct Blog, By Immigration
Direct
U.S. Citizenship and Immigration Services (USCIS) announced
that there will be a change in the filing location
of
Form I-130, Petition for Alien Relative from
January 1, 2012. Persons filing the stand-alone form I-130
should mail their applications to either the Chicago or Phoenix
Lockbox facility depending on their place of residence in the
U.S.
USCIS will update the details of the states and corresponding
filing addresses on their website on January 1, 2012. People
filing Form I-130 on or after that date are requested to mail
their applications to the appropriate Lockbox in order to avoid
delays in processing. Applicants who have any doubts or
questions may contact USCIS’ Customer Service Center.
There is no change in the filing location for persons who are
filing Form I-130 along with Form I-485, Application to
Register Permanent Residence or Adjust Status. Such applicants
should continue sending their applications to the Chicago
Lockbox facility.
Persons filing the petition from abroad may continue to send
their applications to the Chicago Lockbox address if they are
filing from a country which does not have a USCIS office.
Persons filing from countries that have a USCIS office may file
their petitions at the USCIS office having jurisdiction over
their country of residence or may mail them to the Chicago
Lockbox.
Only till the end of 2011 petitioners can send their
applications to the Chicago address. Their petitions will be
forwarded to and adjudicated at the appropriate USCIS Service
Center.
Date Published: Jan 04, 2012 - 3:34 am
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
Date Published: Dec 20, 2011 - 5:01 am
You just obtained your
US Citizenship through the
naturalization process. So how do you prove that you are an US
Citizen? If you are born on US soil, your birth certificate that
is issued by the US government is the primary proof of your
citizenship. In case where you become a US Citizen through the
naturalization process, your Certificate of Naturalization serves
as proof of your US Citizenship. In the case that you lose or
need to replace your Certificate of Naturalization, you can
file
Form N565 in order to obtain a new
one from the USCIS.
In case that you were born outside the United States to US
citizens, you may be eligible for a
Certificate of Citizenship, if you meet the
requirements. When US citizens give birth to children outside the
United States, they should register the birth of their children
at the US Consulate abroad in order to obtain a Consular
Registration of Birth Abroad. This is very much like a birth
certificate. It is important to note if this document is lost,
you will not be able to obtain a duplicate copy.
Passports
The process of obtaining a US passport is pretty straight forward
if you were born in the US. If you were born abroad, then there are
certain additional requirements to establish eligibility for a US
passport. This includes:
-
proof of your parent’s US citizenship; and
-
proof that your parents maintained their residency requirements
in the US, unless otherwise exempt by law.
The proof can generally be in the form of tax records, employment
records, birth certificates or citizenship certificates, just to
mention a few.
Certificates of Citizenship and Naturalization
As mentioned above, the Certificate of Citizenship can also serve
as proof of your US Citizenship. One can obtain such a document by
filing Form N600 with the USCIS. You have to meet certain
requirements in order to be eligible for this document, such as
being the biological child born abroad to US citizens or a child
born abroad and adopted by US citizens. As this process takes time,
getting a US passport is generally opted as a proof. If you
obtained US citizenship through naturalization, a Certificate of
Naturalization is much easier to obtain. Proofs in the form of
birth certificates, naturalization certificates can be included to
claim the US citizenship. In the case that you need to obtain a new
copy of a Certificate of Naturalization or a Certificate of
Citizenship because it was damaged, lost or your name changed due
to marriage or divorce, then you should file Form N565 to obtain a
new one.
Certificate of Consular Registration of Birth
In case your were born was outside the United States to US Citizen
parents, your parents should have registered your birth with the US
Consulate within 5 years of your birth. If so, then a Consular
Registration of Birth Abroad would have been issued for you, which
is proof of your US citizenship. In case your parents failed to
register your birth within the five-year mark, or in the case that
lost the document, then the only way to obtain proof of your US
citizenship is to apply for a US passport or file Form N600 with
the USCIS to obtain a Certificate of Citizenship.
Date Published: Dec 14, 2011 - 5:15 am
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 get
permanent 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.
Date Published: Dec 13, 2011 - 4:52 am
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.
Date Published: Dec 13, 2011 - 4:50 am
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.
Date Published: Dec 09, 2011 - 4:27 am
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.
Date Published: Dec 06, 2011 - 4:06 am
