1. What is USCIS and what does it stand for?
USCIS stands for United States Citizenship and Immigration Services. It is a government agency under the Department of Homeland Security that is responsible for overseeing lawful immigration to the United States. It processes and adjudicates applications for visas, green cards, citizenship, and other immigration benefits.
2. How do I check my USCIS case status?
There are several ways to check your USCIS case status:1. Online: You can check the status of your case online by visiting the USCIS website and entering your receipt number.
2. Phone: You can also call the USCIS Customer Service Center at 1-800-375-5283 and inquire about your case status using your receipt number.
3. Email: USCIS also offers an email notification service where you can sign up to receive updates on your case.
4. Mail: If you have filed a paper application, you will receive a receipt notice by mail which will include your receipt number. You can use this number to check your case status online or by phone.
5. In-Person: If you have an appointment scheduled with USCIS, you can inquire about your case status at the designated office during your appointment.
3. How long does it take for USCIS to make a decision?
The time it takes for USCIS to make a decision on an application or petition varies depending on the type of application, workload at the specific service center or field office handling the case, and other factors such as availability of information and documents needed for processing.
USCIS provides estimated processing times for each type of application or petition on their website. However, these times are subject to change and may not accurately reflect current processing times for individual cases.
You can check the current processing times for your specific type of application by visiting the USCIS website and selecting “Check Processing Times” under the “Resources” tab.
4. What happens if my case is taking longer than expected?
If your case is taking longer than expected, there could be several reasons for the delay such as increased workload, incomplete documents or information provided, additional review required, etc.
If you applied through a lawyer or accredited representative, you should contact them first for updates on your case status. Otherwise, you can contact USCIS customer service at 1-800-375-5283 for more information.
You can also submit an inquiry about your case status online through the USCIS website or schedule an appointment at a local USCIS office.
5. What if my case is denied?
If your case is denied, USCIS will send you a written notice explaining the reasons for the denial and any options for appeal or reconsideration. Depending on the type of application, you may be able to file an appeal or motion to reopen or reconsider the decision.
If your case involved an immigration benefit with a deadline (such as a work authorization card or travel document), you may need to take immediate action to avoid negative consequences.
If you have an immigration attorney, it is best to consult with them on next steps. Otherwise, you can contact USCIS directly or seek guidance from a nonprofit organization that provides legal assistance for immigration matters.
3. What are the requirements for a green card application?
The requirements for a green card application vary depending on the specific category of green card that you are applying for. However, some common requirements include:
1. Eligibility for a specific category of green card
2. A completed and signed application form (Form I-485)
3. Supporting documents such as proof of identity, birth certificate, marriage certificate (if applicable), and criminal record checks
4. Evidence of financial stability and ability to support yourself
5. Medical examination results from an authorized physician
6. Payment of filing fees
7. Any additional documents required for your specific category, such as employment verification or proof of familial relationship.
Additionally, it is important to note that the green card application process may also involve background checks and an interview with a U.S. Citizenship and Immigration Services officer.
4. Can I apply for a work permit while my green card application is pending?
Yes, you can apply for a work permit while your green card application is pending. To do so, you will need to file Form I-765, Application for Employment Authorization, with the United States Citizenship and Immigration Services (USCIS). This will allow you to legally work in the U.S. while your green card application is being processed. However, eligibility for a work permit may depend on your specific immigration status and the type of green card application you have filed. It is important to consult with an immigration attorney or carefully review the USCIS guidelines before applying for a work permit while your green card application is pending.
5. How long does it take to get a green card through marriage?
The processing time for a green card through marriage varies depending on different factors, such as the type of application, the complexity of the case, and the USCIS workload. On average, it may take anywhere from 10 months to 2 years to obtain a green card through marriage. The length of time also depends on whether the spouse applying for a green card is inside or outside the United States.If the spouse applying for a green card is already in the country, the process may take around 10-13 months from start to finish. This includes obtaining a marriage-based visa (if applicable), submitting an adjustment of status application, attending interviews, and receiving approval.
If the foreign-born spouse needs to go through consular processing in their home country, they will need to attend an interview at a U.S. consulate or embassy. In this case, it can take anywhere from 1-2 years to complete the process and receive a green card.
It’s important to note that these timelines are just average estimates and may fluctuate based on individual circumstances. It’s always best to consult with an immigration attorney for more specific information about your case.
6. Can I travel outside of the US while my green card application is pending?
Yes, you can travel outside of the US while your green card application is pending, but it is important to take certain precautions and follow specific guidelines to avoid any potential issues. Here are some things to keep in mind:
1. Advance Parole: If you are applying for adjustment of status (green card) from within the US, you will need to apply for and obtain an Advance Parole document before leaving the country. This document will allow you to re-enter the US while your green card application is still pending. You should apply for this document at least 3 months before your planned trip.
2. Do not overstay: If you leave the US without an Advance Parole document and your green card application is still pending, it may be considered abandoned and your application may be denied. Additionally, if you stay outside of the US for more than 6 months without an approved re-entry permit or other valid visa, you may encounter difficulties re-entering the US.
3. Be prepared for additional questioning: When re-entering the US with a pending green card application, it is possible that immigration officers may ask questions about your trip and why you left the country while your application was still pending.
4. Maintain ties to the US: In order to show that your departure was temporary and that you do not intend to abandon your green card application, it is important to maintain strong ties to the US such as owning property, having a job or family here.
5. Check travel restrictions: Certain travel restrictions may apply depending on which stage of the green card process you are in and whether or not a visa is required for entry into another country.
It is highly recommended that anyone with a pending green card application consults with an experienced immigration attorney before making any plans to travel outside of the US. Immigration laws are complex and constantly changing so it is important to have expert guidance throughout this process.
7. What are the fees associated with applying for a green card?
The fees associated with applying for a green card vary depending on the type of application and your individual circumstances. The following is a breakdown of common fees associated with the different types of green card applications:
1. Form I-485 Application to Register Permanent Residence or Adjust Status: The filing fee for this form is $1,225, which includes the biometric services fee.
2. Affidavit of Support (Form I-864): There is no filing fee for this form, but there is a $120 fee for each family member (spouse or child under 21) included on the affidavit.
3. Medical Examination: The cost of the medical exam varies, but typically ranges from $100 to $300.
4. Fingerprinting Fee: As part of the biometrics process, you will be required to have your fingerprints taken at an authorized facility. The current fee for this service is $85.
5. Optional Premium Processing Service: If you choose to pay an additional fee of $1,410, this will expedite your application and guarantee that it will be processed within 15 calendar days.
6. Consular Processing Fee: If you are applying for an immigrant visa at a U.S. embassy or consulate abroad, there will be a processing fee charged by the Department of State. This can range from $205 to $325.
7 . Other Fees: In addition to these fees, there may also be costs associated with obtaining supporting documents such as certified copies of birth certificates and marriage certificates, translations fees if necessary, and attorney’s fees if you choose to use a lawyer in the application process.
It’s important to note that these fees are subject to change and it is recommended that you check the most up-to-date information on the USCIS website before submitting your application. Additionally, there may be other costs that are specific to your situation depending on factors such as whether you are adjusting status within the U.S. or applying for an immigrant visa from abroad.
8. How do I renew or replace my permanent resident card (green card)?
To renew or replace your permanent resident card (green card), you will need to file Form I-90, Application to Replace Permanent Resident Card. This can be done online through the USCIS website or by mail.
When filing Form I-90, you will need to include:
1. A copy of your current green card (front and back)
2. A recent passport-style photo of yourself
3. The required filing fee
4. Any documentation requested by USCIS, such as a marriage certificate or court order for a name change
If your green card has expired, you should file for renewal at least 6 months before the expiration date. If it has been lost, stolen or destroyed, it is important to replace it as soon as possible.
You may also need to submit additional evidence if you have had any changes in your status since becoming a permanent resident. This could include evidence of a name change or criminal history.
After submitting your application, you will receive a receipt notice from USCIS with instructions on how to check the status of your application.
If your application is approved, you will receive a new green card in the mail within 10-12 months. If there are any issues with your application, USCIS may request additional evidence or schedule an interview before making a decision.
Note that if you are outside of the US when your green card expires, you will need to apply for a special permit called a boarding foil in order to return without abandoning your permanent resident status.
If your green card is lost or stolen while traveling outside of the US and an emergency travel document cannot be issued at a U.S Embassy or Consulate abroad, you can file Form I-131A, Application for Travel Document (Carrier Documentation) to obtain an emergency boarding foil and return to the US.
It is important to keep track of your green card’s expiration date and take steps to renew it in a timely manner to avoid any potential issues with maintaining your permanent resident status.
9. What do I do if my biometrics appointment notice was not received or lost?
If you have not received your biometrics appointment notice or have lost it, you should contact USCIS immediately. You can call the USCIS Contact Center at 1-800-375-5283 or make an InfoPass appointment to visit your local USCIS office and inquire about your missing notice. You can also check the status of your application online and request a new biometrics appointment if necessary. It is important to act quickly, as missing your biometrics appointment may delay the processing of your application.
10. Can I appeal a decision made by USCIS on my immigration case?
Yes, you can appeal certain decisions made by USCIS on your immigration case. The avenue for appeal depends on the type of decision and the specific immigration process you are going through.For example, if your application for a visa or green card is denied, you may be able to file an appeal with the Board of Immigration Appeals (BIA) or in some cases, directly with the USCIS Administrative Appeals Office (AAO). If your case is already in court, you may be able to appeal to the Board of Immigration Appeals or to a higher federal court.
There are also separate avenues for appealing asylum denials and removal orders. It is important to consult with an immigration attorney if you are considering appealing a decision made by USCIS on your case.
11. What are the different types of employment-based green cards and their requirements?
1. EB-1: Priority Workers
This category includes three sub-categories:
a) Persons with extraordinary ability in the sciences, arts, education, business, or athletics
b) Outstanding professors and researchers
c) Multinational executives and managers
Requisitos:
Must have a job offer from a U.S. employer and meet certain achievements or qualifications in their field to qualify for this green card.
2. EB-2: Advanced Degree Professionals and Aliens of Exceptional Ability
This category includes two sub-categories:
a) Professionals holding advanced degrees (master’s degree or higher)
b) Persons with exceptional ability in the sciences, arts, or business
Requisitos:
For professionals holding advanced degrees, a job offer and labor certification is required. For persons with exceptional ability, a job offer may not be necessary if they can show that their work will benefit the national interest of the United States.
3. EB-3: Skilled Workers, Professionals, and Other Workers
This category is for workers in specialty occupations that require at least two years of training or experience (skilled workers), professionals with a bachelor’s degree or equivalent (professional workers), and unskilled workers.
Requisitos:
A job offer from a U.S. employer and labor certification is required for all sub-categories under EB-3.
4. EB-4: Special Immigrant Visas for Religious Workers and Employees of International Organizations
This category includes two sub-categories:
a) Religious workers who have been employed continuously by a religious organization for at least 2 years.
b) Employees of international organizations such as NATO or the World Bank.
Requisitos:
Proof of employment by a qualifying organization.
5. EB-5: Immigrant Investors
This category is for foreign entrepreneurs investing significant amounts of capital in new commercial enterprises that create jobs in the United States.
Requisitos:
Investment of at least $1 million ($500,000 in targeted employment areas) and the creation of at least 10 full-time jobs for U.S. workers.
Note: There are also regional centers designated by the U.S. Citizenship and Immigration Services (USCIS) that promote economic growth in specific areas through investment from foreign investors. These investors have a lower minimum investment requirement of $500,000 and can count indirect job creation towards their job creation requirement.
6. EB-1C: Multinational Executives or Managers
This is a sub-category of the EB-1 visa for multinational executives and managers who have been employed outside the United States for at least one year in the three years preceding their application.
Requisitos:
Must have been employed by a multinational company as an executive or manager, and continue to work for that company’s U.S. branch or subsidiary in a similar capacity.
7. EB-2 NIW: National Interest Waiver
This category allows individuals with exceptional ability in certain fields such as science, art, education, or business to apply for a green card without a job offer if it is deemed to be in the national interest of the United States.
Requisitos:
Must demonstrate exceptional ability in their field and show that their work will benefit the national interest of the United States.
8. EB-4 VAWA: Violence Against Women Act Self-Petitioners
This category provides protection and assistance to victims of domestic violence who are non-citizens married to abusive U.S. citizen or lawful permanent resident spouses.
Requisitos:
Proof of abuse by your spouse and eligibility under VAWA provisions.
12. How can I sponsor a family member for a green card?
If you are a U.S. citizen or lawful permanent resident, you may sponsor certain family members for a green card (permanent residence). The process and requirements vary depending on your relationship with the family member and whether they are already in the U.S. or living abroad.
Here is a general overview of the steps to sponsor a family member for a green card:
1. Determine your eligibility: To sponsor a family member for a green card, you must be a U.S. citizen or lawful permanent resident and meet other specific eligibility requirements.
2. Choose the appropriate application process: Depending on your relationship with the family member and their location, there may be different forms and processes for sponsoring them. The most common ways to sponsor a family member are through Form I-130 (Petition for Alien Relative) or Form I-129F (Petition for Alien Fiancé(e)).
3. Gather necessary documents: You will need to provide supporting documents such as proof of your relationship with the family member, evidence of your citizenship or permanent residency, and financial documents to show that you can financially support them in the U.S.
4. File the petition: Once you have completed the appropriate form and gathered all required documents, you can file the petition with U.S. Citizenship and Immigration Services (USCIS). If your relative is already in the U.S., they may also need to file additional forms depending on their immigration status.
5. Wait for approval: Once your petition is received by USCIS, it will be reviewed and adjudicated. If approved, you will receive an approval notice in the mail.
6. Complete additional steps: Depending on your relative’s specific situation, they may need to complete additional steps such as attending an interview at a U.S. embassy or consular office if they are applying from outside of the country.
7. File adjustment of status (if applicable): If your relative is already in the U.S. and eligible to adjust their status to permanent residence, they can file for adjustment of status after the petition is approved.
8. Attend biometrics appointment: Your relative will need to attend a biometrics appointment to provide fingerprints, photos, and signature.
9. Attend interview (if applicable): Some family members may be required to attend an interview at a USCIS office before their green card can be approved.
10. Receive decision on green card application: After all necessary steps are completed, USCIS will make a decision on the green card application.
11. Receive green card: If approved, your family member will receive their green card through the mail or at the nearest USCIS office.
It is important to note that sponsoring a family member for a green card can be a lengthy and complicated process. It is recommended to seek legal assistance and guidance from an experienced immigration attorney to ensure that all steps are completed correctly and efficiently.
13. Can I apply for US citizenship while holding a green card?
Yes, holding a green card (permanent resident status) allows you to apply for US citizenship. However, there are certain eligibility requirements that must be met before you can apply for citizenship, such as having lived in the US for a specific period of time, good moral character, and passing an English and civics test. Additionally, it is important to be aware of any potential consequences of giving up your current citizenship and becoming a US citizen. It may also be helpful to seek guidance from an immigration attorney or accredited representative before applying for citizenship.
14. How do I request DACA (Deferred Action for Childhood Arrivals. status?
To request DACA status, you must complete and submit Form I-821D, Consideration of Deferred Action for Childhood Arrivals, along with the required supporting documentation to United States Citizenship and Immigration Services (USCIS). This can be done by mail or online through the USCIS website. You must also pay the required filing fees and any biometric fees if applicable. It is important to carefully follow all instructions and provide accurate and verifiable information in your request.
15. What should I do if my visa expires before I receive my new visa renewal?
If your visa is set to expire before you receive your new visa renewal, you will need to apply for a temporary extension or leave to remain in the country until your new visa is processed. This can usually be done through the Home Office or immigration authority in the country where you are applying for a renewal. It is important to contact them as soon as possible to discuss your options and ensure that you do not overstay your current visa. Failure to extend your stay or obtain a new visa before your current one expires can result in serious consequences such as being barred from re-entering the country or facing deportation.
16. Can international students work in the US while studying on an F-1 visa?
Yes, international students on an F-1 visa are allowed to work in the US, but there are restrictions on the types of employment and the number of hours they can work. Students are allowed to work on-campus for up to 20 hours per week during the academic year and full-time during breaks and vacations. Off-campus employment is also allowed under certain circumstances, such as for internships or practical training related to their field of study. However, prior authorization from the school’s Designated School Official (DSO) and approval from U.S. Citizenship and Immigration Services (USCIS) is required before starting any off-campus work. Additionally, students must maintain their F-1 status and comply with all other requirements set by the USCIS while working in the US.
17. How do I obtain an advance parole document from USCIS?
To obtain an advance parole document from USCIS, you must file a Form I-131, Application for Travel Document. This form is available on the USCIS website and can be filed online or by mail.The following steps outline the process of obtaining an advance parole document from USCIS:
1. Complete Form I-131: Fill out Form I-131, providing all required information including your personal details, travel plans, and the reason for your request for advance parole (for example, to attend a family event or receive medical treatment). Be sure to sign and date the form.
2. Gather supporting documents: You will need to provide evidence to support your request for advance parole. This may include proof of your pending adjustment of status application (Form I-485), proof of humanitarian reasons for travel, such as medical records or a letter from a doctor, or evidence of your ties to the United States (such as employment letters or financial records).
3. Pay the filing fee: The current filing fee for Form I-131 is $575 for most applicants. Check the USCIS website for updates on filing fees as they are subject to change.
4. Submit your application: If applying online, you can pay the filing fee and submit your application electronically. If mailing in a paper application, you will need to include a check or money order made payable to U.S. Department of Homeland Security with your application.
5. Wait for USCIS to process your application: After receiving your complete application and supporting documents, USCIS will review it and make a decision on whether to grant you an advance parole document. This process can take several months depending on the volume of applications and current processing times.
6. Receive notification from USCIS: If approved, you will receive an approval notice with instructions on how to obtain your advance parole document.
7. Obtain Advance Parole Document: Once you have received notification from USCIS that your advance parole has been granted, you can pick up your document at a designated USCIS office or receive it by mail.
It is important to note that obtaining an advance parole document does not guarantee admission to the United States. You should always consult with an immigration attorney before leaving the United States with an advance parole document to ensure that you will be eligible for re-entry upon your return.
18. Is there any way to expedite processing time for certain immigration applications?
Yes, there are certain circumstances where you may be able to request expedited processing of your immigration application. These include:1. You have a humanitarian reason for needing expedited processing, such as a medical emergency or urgent family situation.
2. You have a job offer in the United States and your employer needs you to start work immediately.
3. You are applying for a travel document (such as an advance parole document) and you need it urgently for travel purposes.
4. You are an active member of the U.S. military or a dependent of someone in the military and you need expedited processing due to deployment or relocation orders.
To request expedited processing, you will need to contact the appropriate government agency handling your application and provide any necessary evidence or documentation to support your request. Each agency has its own procedures and criteria for expediting applications, so it is important to carefully review their requirements before submitting a request. Please note that there is no guarantee that your request will be granted.
19. Do permanent residents need to file tax returns with USCIS?
No, permanent residents do not file tax returns with USCIS. They must file tax returns with the Internal Revenue Service (IRS), the federal agency responsible for collecting taxes in the United States. However, permanent residents are required to report any changes in their immigration status to USCIS, which may affect their tax obligations.
20.Currently, which countries are eligible to participate in the Diversity Visa Lottery Program?
Citizens of countries from all regions of the world, with certain exceptions, are eligible to participate in the Diversity Visa Lottery Program. However, eligibility is based on strict requirements set by the United States government and can change from year to year. As of the 2020 diversity visa lottery, citizens of the following countries were not eligible to participate: Bangladesh, Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, El Salvador, Guatemala, Haiti, India, Jamaica, Mexico, Nigeria, Pakistan, Philippines,South Korea (North and South), United Kingdom (except Northern Ireland) and its dependent territories , Vietnam.