1. What is USCIS?
USCIS stands for the United States Citizenship and Immigration Services. It is a government agency under the Department of Homeland Security that oversees lawful immigration to the United States. Its main responsibilities include administering immigration benefits, processing visa applications, and managing immigration programs such as naturalization and asylum.
2. How long does it take to get a green card through USCIS?
The time it takes to get a green card through USCIS (United States Citizenship and Immigration Services) can vary depending on various factors, such as the type of green card being applied for and the country of origin of the applicant. In general, the process can take anywhere from several months to several years.
If applying for a green card through marriage to a U.S. citizen, the process usually takes around 10-13 months. For immediate relatives of U.S. citizens (spouse, parent, or unmarried child under 21), the time frame is generally shorter. Applicants who are adjusting their status while in the United States may experience longer processing times compared to those outside of the U.S., who typically go through consular processing.
For employment-based green cards, the timeline can vary greatly depending on factors such as whether or not the applicant qualifies for premium processing and if there are any issues with their application.
For diversity visa lottery winners, it can take anywhere from 6 months to a year after winning to be scheduled for an interview at a U.S. embassy or consulate abroad.
Overall, it is difficult to give an exact time frame as each case is unique and may have different circumstances that could affect processing times.
3. Can I apply for US citizenship through USCIS?
Yes, you can apply for US citizenship through the United States Citizenship and Immigration Services (USCIS). The process typically involves filing an application, providing evidence of your eligibility for citizenship, completing an interview and exam, and taking the Oath of Allegiance. Specific requirements and steps may vary depending on your individual circumstances. It is recommended to consult with a licensed immigration attorney for guidance on the application process. 4. What forms do I need to file with USCIS?
You may need to file different forms with USCIS depending on your immigration status and the purpose of your filing. Some commonly used forms include:– Form I-130, Petition for Alien Relative (used to sponsor a family member for a green card)
– Form I-485, Application to Register Permanent Residence or Adjust Status (used to apply for a green card)
– Form I-765, Application for Employment Authorization (used to request work authorization)
– Form I-131, Application for Travel Document (used to request a travel document)
– Form N-400, Application for Naturalization (used to apply for U.S. citizenship)
The specific forms you need will depend on your individual circumstances. You can find all USCIS forms on the USCIS website.
5. Do I need an attorney to file with USCIS?
It is not necessary to have an attorney represent you when filing with USCIS. However, it is recommended that you seek legal advice and assistance if you are unsure about the immigration process or if your case is particularly complex. An attorney can also help ensure that all necessary documents and forms are filed correctly and in a timely manner.
5. How much does it cost to file forms with USCIS?
The cost of filing forms with USCIS can vary, as it depends on the specific form being filed and any associated fees. Some common forms and their associated filing fee include:
– Form I-130, Petition for Alien Relative: $535
– Form I-485, Application to Register Permanent Residence or Adjust Status: $1,140 (includes biometrics fee)
– Form N-400, Application for Naturalization: $640 (including biometrics fee)
– Form I-90, Application to Replace Permanent Resident Card: $455
– Form I-765, Application for Employment Authorization: $410
For a full list of fees and the most up-to-date information, you can visit the USCIS website or contact them directly for more specific pricing information.
6. Are there any discounts or fee waivers available for filing with USCIS?
There are a few situations in which USCIS may offer a discount or fee waiver for filing certain applications. These include:
1. Fee Waivers: USCIS allows individuals who demonstrate financial hardship to request a fee waiver for certain forms, including but not limited to Form I-90 (Application to Replace Permanent Resident Card), Form N-400 (Application for Naturalization), and Form I-765 (Application for Employment Authorization).
2. Reduced Fees for Certain Forms: USCIS may offer reduced fees for certain forms for applicants who meet specific criteria, such as age, military service, or being the spouse of an active-duty military member.
3. Humanitarian Parole Fee Exemption: Individuals seeking humanitarian parole may request an exemption from the filing fee if they can demonstrate that paying the fee would cause extreme financial hardship.
4. Adoption-Related Immigration Benefit Fees: USCIS offers reduced fees or waivers for certain adoption-related immigration benefits, such as Form I-600A (Application for Advance Processing of Orphan Petition) and Form I-800A (Application for Determination of Suitability to Adopt a Child from a Convention Country).
Applicants must provide evidence of their eligibility and meet all other requirements to qualify for any fee waivers or discounts offered by USCIS.
7. Can I check the status of my application online with USCIS?
Yes, you can check the status of your application online with USCIS by creating a USCIS online account. Once you have created an account, you can login to view your case status and any updates or requests for additional information from USCIS. You can also sign up for email or text message notifications about your case status.
8. What documents do I need to submit with my application to USCIS?
The documents required for a USCIS application vary depending on the type of application being submitted. However, some common documents that may be required include:
1. Completed and signed application form (e.g. Form I-129, I-130, I-485)
2. Supporting documents to establish eligibility (e.g. birth certificate, marriage certificate)
3. Identification documents (e.g. passport, driver’s license)
4. Evidence of U.S. citizenship or lawful presence (if applicable)
5. Immigration status documents (e.g. visa, I-94)
6. Proof of relationship (for family-based petitions)
7. Fee payment or fee waiver request
8. Color passport-style photographs
9. Affidavit of Support (for certain applications)
10. Any other relevant supporting documents as requested by USCIS.
It is important to carefully review the specific requirements for your particular application before submitting to ensure that all necessary documents are included and in the correct format.
9. How often do I need to renew my green card through USCIS?
Generally, green cards need to be renewed every 10 years. However, conditional green cards, which are obtained through marriage to a U.S. citizen or permanent resident, must be renewed after 2 years through a process called removal of conditions. In some cases, individuals who have been granted a green card may also need to renew it if they need to update their personal information (such as name or address change). It is important to regularly check the expiration date of your green card and plan for renewal accordingly.
10. What is the processing time for different types of applications through USCIS?
The processing time for different types of applications through USCIS varies depending on the type of application, office workload, and other factors. Generally, it can take anywhere from a few months to over a year to process an application. Some common processing times are:
– Form I-485 (Adjustment of Status): 8-14 months
– Form I-130 (Family-based green card petition): 7-25 months
– Form N-400 (Naturalization/Citizenship): 8.5-12 months
– Form I-751 (Removal of Conditions on Green Card): 9-29 months
– Form I-129F (Fiancé(e) Visa petition): 7.5 -11 months
It is important to note that these processing times are only estimates and can vary significantly based on individual circumstances. You can check current processing times for specific applications on the USCIS website.
11. Can I appeal a decision made by USCIS?
Yes, you can appeal certain decisions made by USCIS. Examples of decisions that can be appealed include:– Denial of an application or petition
– Revocation of a previously approved application or petition
– Termination of asylum status
– Refusal to reopen a case
The process for appealing a decision varies depending on the type of decision being appealed. In most cases, you must file an appeal within 30 days of receiving the decision from USCIS. Additional information about the appeals process can be found on the USCIS website.
12. Will submitting a complete application increase my chances of approval from USCIS?
Yes, submitting a complete and well-prepared application can increase your chances of approval from USCIS. This helps ensure that all necessary documents are included and that the information provided is accurate and meets the requirements for the specific immigration benefit you are seeking. Incomplete or improperly prepared applications may result in delays or even denials. It is important to carefully review all requirements and guidelines before submitting your application to USCIS.
13. Can I request an expedited processing of my application with USCIS?
Yes, USCIS offers expedited processing of applications in certain situations. These include urgent humanitarian reasons, urgent employment reasons, or a compelling reason based on the applicant’s financial loss or personal hardship. To request expedited processing, you must submit a written request to USCIS explaining your situation and providing supporting documents. There is no guarantee that your request will be granted, and there may be additional fees associated with expedited processing.
14. Will having a criminal record affect my chances of being approved by USCIS?
Possibly. USCIS typically considers evidence of criminal activities, such as arrests and convictions, when evaluating an individual’s eligibility for immigration benefits. However, the impact of a criminal record on your chances of being approved will depend on the specific circumstances and severity of the offense.
If you have a minor offense that does not reflect poorly on your moral character or present a threat to national security, it is unlikely to have a significant impact on your immigration case. However, if you have a serious offense or multiple offenses, particularly those related to immigration violations, fraud, or crimes involving moral turpitude (e.g. theft, drug offenses), it can greatly affect your chances of approval.
Ultimately, USCIS will consider all aspects of an individual’s case and weigh the positive and negative factors before making a decision on whether to approve their application. It is important to be honest and transparent about any criminal history during the application process. Seeking legal advice from an experienced immigration attorney can also help you understand how your specific record may affect your case and how to best address it in your application.
15. Is there a limit on the number of visas or green cards that are issued each year by USCIS?
There are limits on the number of visas and green cards issued each year by USCIS. The number of visas available depends on the specific visa category, country of origin, and demand for that particular visa. For example, there is an annual cap of 65,000 H-1B visas and 140,000 employment-based green cards. There are also per-country limits for family-based and employment-based green cards. These limits may change from year to year depending on immigration policies and legislation.
16. Do I need an immigration lawyer to file an application with USCIS?
No, you are not required to hire an immigration lawyer to file an application with USCIS. However, it may be beneficial to consult with a lawyer if you have complex legal issues or need assistance with the application process. The USCIS website also provides helpful resources and instructions for completing applications.
17/ Will using an immigration lawyer guarantee approval from USCIS?
No, using an immigration lawyer does not guarantee approval from USCIS. Immigration lawyers can provide guidance and assistance in navigating the complex immigration process, but ultimately the decision on an individual’s application rests with USCIS. Approval is based on meeting eligibility requirements and submitting a complete, accurate, and compelling application.
18/ Are there any English language requirements for applications submitted to USCIS?
Yes, all applications submitted to USCIS must be in English or accompanied by a certified English translation. This includes all forms and supporting documents such as birth certificates, marriage certificates, and other official documents. USCIS requires that all applicants are able to read, write, speak and understand basic English in order to pass the civics test and naturalization interview. Certain exemptions may apply for individuals with disabilities or medical conditions.
19/ Can family members petition for me to come to the US through the sponsorship program with USCIS?
Yes, eligible family members who are U.S. citizens or lawful permanent residents (green card holders) can petition for certain relatives to come to the United States through the sponsorship program with USCIS. This process is known as family-based immigration and allows certain relatives of U.S. citizens and green card holders to apply for a visa or green card to live permanently in the United States.
The types of relatives who can be sponsored through this program include:
1. Immediate relatives: These include spouses, unmarried children under 21 years old, and parents of U.S. citizens (aged 21 or older).
2. Family preference categories: These include unmarried children over 21 years old, married children of any age, and siblings (brothers/sisters) of U.S. citizens.
To begin the sponsorship process, the U.S. citizen or green card holder must file Form I-130 Petition for Alien Relative with USCIS on behalf of their qualifying relative(s). Once the petition is approved by USCIS and a visa is available based on the type of relationship, the sponsored relative can apply for an immigrant visa or adjustment of status to obtain permanent residence in the United States.
It’s important to note that there are specific eligibility requirements and waiting times for each family-based category. Additionally, some categories may have limitations or restrictions such as annual numerical limits or country caps.
For more information about family-based immigration and eligibility requirements, it’s recommended to consult with an experienced immigration attorney or visit the USCIS website.
20/ Does contacting local representatives or senators help speed up the process with USCI
Contacting local representatives or senators may help to bring attention to your case and potentially expedite the process, but it is not a guarantee. Ultimately, the speed at which USCIS processes applications is based on their workload and resources, not individual requests. It is always worth trying to reach out to your elected officials for assistance, but you should also continue to follow up directly with USCIS about your case.