Wed, Jan 25th, 2012

Immigration Form I-693, Report of Medical Examination and Vaccination Record, has to be completed by a designated civil surgeon for an applicant who is filing to adjust status to a lawful permanent resident in the United States. Applicants for adjustment of status need to undergo a medical examination and establish that they are not inadmissible to the U.S. under medical grounds. Section 212(a)(1) of the Immigration and Nationality Act lists the public health grounds under which a person may be considered inadmissible.

USCIS designates civil surgeons for the sake of medical examinations for immigration purposes. Applicants need to get examined by these designated civil surgeons. The civil surgeon in turn will have to complete the examination and give the report to the applicant in a sealed envelope. It is the duty of the applicant to submit the report in the sealed envelope along with his or her I-485, Application to Register for Permanent Residence or Adjust Status to the USCIS. A report in an unsealed or opened envelope will be returned by the USCIS.

The medical examination determines whether an applicant is or is not inadmissible to the United States. Most persons applying to adjust status need to submit the medical report from a medical examiner as designated by the USCIS. This report is valid for 12 months. So it is best for an applicant to get the medical examination done as close to the date of application as possible, after allowing for the time required by the doctor to conduct his exams and get the required laboratory reports.

Like how a report in an unsealed envelope is not valid, similarly a report completed on an old version of Form I-693 is also invalid. Such reports will be returned to the applicants. They will then have to get the medical examiner to complete a Form I-693 which is a current version accepted by the USCIS.

All medical reports submitted on Form I-693 on or after January 01, 2012 have to be on the current edition of the form which is dated 10/11/11. Prior editions will not be accepted. Applicants are requested to check on the government website for the latest version of the form and the editions that are accepted by the USCIS before they file for any immigration benefit.

USCIS publishes a list of approved immigration doctors. Applicants can check this list to find a doctor located close to them. Doctors who are interested in registering to be designated as immigration doctors by the USCIS can also visit the government website for information and instructions.

 Wed, Jan 18th, 2012

United States Citizenship and Immigration Services has published a list of 58 countries that will be eligible to participate in the coming year’s H-2A and H-2B programs. This program is aimed at allowing U.S. employers to bring in employees to temporarily fill in agricultural and non-agricultural jobs.

The list of 58 countries includes:

Argentina, Australia, Barbados, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Dominican Republic, Ecuador, El Salvador, Estonia, Ethiopia, Fiji, Guatemala, Haiti, Honduras, Hungary, Iceland, Ireland, Israel, Jamaica, Japan, Kiribati, Latvia, Lithuania, Macedonia, Mexico, Moldova, Montenegro, Nauru, the Netherlands, Nicaragua, New Zealand, Norway, Papua New Guinea, Peru, Philippines, Poland, Romania, Samoa, Serbia, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Spain, Switzerland, Tonga, Turkey, Tuvalu, Ukraine, United Kingdom, Uruguay and Vanuatu.

H-2A and H-2B petitions from nationals of these countries only can be approved by USCIS. Petitions from nationals from other countries may be considered only if USCIS determines that approving them will benefit the U.S. This list will be published in the Federal Register. The list comes into effect from 18 January, 2012 and is valid for one year. Persons currently in the U.S. in the H-2A and H-2B status will not be affected unless they want to extend or change their status.

 Thu, Jan 5th, 2012

Persons in the United States who are non-citizens and certain U.S. citizens have to report to the USCIS a change of address within ten days of moving. This is a requirement stated in Section 265 of the Immigration and Nationality Act and it exempts only a few categories of persons from reporting a change of address: 1) persons with ‘A’ visas, 2) persons with ‘G’ visas, and 3) certain non-immigrants in the U.S. without visas, and whose stay will not exceed 30 days.

U.S. Citizens Who Need to Report a Change of Address

U.S. citizens who have filed applications/petitions with the USCIS, and whose cases are still pending action are required to report a change of address. The USCIS requires such U.S. citizens to complete the online Form AR-11, Change of Address or call their Customer Service to have the address updated on pending applications/petitions.

Lawful Permanent Residents Who Need to Report a Change of Address

All green card holders have to either file Form AR-11 online or mail it to the USCIS within 10 days of changing their address.

Permanent residents who have cases pending USCIS decision will have to report a change in address within 10 days of the change. They have to file the Form AR-11 by mail or electronically and also file the online change of address form or call the USCIS Customer Service to have their addresses updated on their cases. Filing electronically is recommended because, if they mail a paper form they still have to call the USCIS or complete the online address change form to have the information updated.

Lawful permanent residents who have signed Form I-864, to financially support a beneficiary of an immigration petition, will have to file Form AR-11 within 10 days if they change their address. They are also required to file Form I-865 within 30 days of the move.

Other Persons Who Need to Report a Change of Address

All persons other than the categories covered above will have to notify the USCIS of a change in address within 10 days. They can do so by filing AR-11 electronically or by mail. Those people who have any immigration-related cases pending USCIS decisions need to file the online change of address form or call the USCIS Customer Service to have their new address updated on their applications.

Additional Information

• Persons notifying a change of address will need to provide both their old and new addresses. Persons with cases pending with the USCIS will have to provide additional information:
  • new address
  • old address
  • application receipt number
  • beneficiary/beneficiaries names and biographic information

  Permanent resident petitioners will have to further provide:

  • the date they had entered the U.S.
  • place where they had entered the U.S. – Port of Entry.
• Removal or deportation proceedings may be initiated against those who fail to report a change of address. It may also lead to imprisonment and/or fines.
• There is no processing fees to be paid with the AR-11.
• The USCIS Customer Service has a toll-free number: 1-800-375-5283.

 Thu, Dec 29th, 2011

Form I-130, Petition for Alien Relative has to be filed at the Phoenix or Chicago Lockbox facility depending on the place of residence of the petitioner. U.S. Citizenship and Immigration Services (USCIS) updated the filing location for the stand-alone I-130 and this change will go into effect beginning 1 January, 2012.

The change in filing location is applicable only for those filing Form I-130 separately. Applicants filing the I-130 along with Form I-485, Application to Register Permanent Residence or Adjust Status need to send their applications to the Chicago facility as is the procedure already.

Persons filing the I-130 stand-alone form can continue to send it to the Chicago address until the end of 2011. From there the forms will be routed to and processed at the appropriate USCIS Service Center. From the new year applications sent to the wrong address will see a delay in processing.

For persons filing the I-130 from an overseas location there is no change in the filing location. For persons filing from countries that do not have a USCIS office, the Chicago facility is the address they need to mail their applications to. People filing from countries that have a USCIS office can either send the application to the international USCIS office that has jurisdiction or they can mail it to the Chicago Lockbox facility.

 Thu, Dec 22nd, 2011

U.S. Citizenship and Immigration Services (USCIS) has undertaken an agency-wide effort to transform paper-based filing to a more secure electronic filing system. This effort has been named USCIS Transformation and the system that is being put into place is called USCIS Electronic Immigration System (USCIS ELIS). This secure system will allow people to file forms for immigration benefits online and lets them or their legal representatives track the application status.

USCIS ELIS not only provides a stream-lined and secure process, but also provides more effective customer service which in turn will allow USCIS to process cases more consistently and securely. ELIS is in its initial stages and right now persons wanting to file Form I-539, Application to Extend/Change Nonimmigrant Status can make use of the system if they are eligible.

A person who wants to use ELIS will have to create an online account on the USCIS website. Before an applicant creates an account, he or she needs to verify his or her eligibility to e-file Form I-539. USCIS has published detailed information regarding who is eligible to e-file I-539 using ELIS. Applicants not eligible to use ELIS can go ahead and download the paper form and file it with the USCIS.

USCIS says that using ELIS will allow one to create an individual account, manage secure interactions with USCIS electronically, get detailed help and know about the current case status.

 Wed, Dec 7th, 2011

The majority of foreigners who become permanent residents of the United States are eligible to do so because their immediate relatives, who are U.S. citizens or permanent residents, petition them. A person seeking to help a relative become a green card holder (lawful permanent resident) of the U.S. is referred to as the ‘Petitioner’, in the petitioning immediate relative for green card process. The person seeking a green card based on an immediate relative is referred to as the, ‘Beneficiary’.

United States citizens can file the petition for immediate relative for green card based on the following relationships:

• Husband, wife or unmarried child under 21 years of age.
• Unmarried child over 21 years of age or a married child of any age.
• Brother or sister, if the petitioner is at least 21 years old.
• Parent, if the petitioner is at least 21 years old.

Green card holder (lawful permanent resident) can file a petition for immediate relative for green card based on the following relationships:

• Husband or wife
• Unmarried child

There are two types of visa categories in petitioning an immediate relative for green card.

1) Unlimited Family-Based Visas (no numerical limitations)
2) Limited Family-Based (numerically limited)

The unlimited family based visa is for immediate relatives of U.S. citizens, which includes spouse, widow(er), unmarried children under the age of 21, and parents of a U.S. citizen who is 21 years of age or older.

The limited family visas are divided into preference categories and issued based on the number of annual visas available.

• Family First Preference (F1): Unmarried sons and daughters, above the age of 21, of US citizens.
• Family Second Preference (F2 2A): Spouses and unmarried children below the age of 21 of green card holders.
• Family Second Preference (F2 2B): Unmarried adult children (meaning, above the age of 21) of green card holders.

A high majority of all visas available for this preference category will be issued to the spouses and children, and the remainder will be allocated to unmarried sons and daughters.

• Family Third preference (F3): Married sons and daughters of US citizens.
• Family Fourth Preference (F4): Brothers and sisters of US citizens who are 21 years of age or older.

When there are more qualified visa applicants than available visas, the category is considered as “oversubscribed”. Immigrant visas are issued in the order they are received until the established annual numerical visa issuance quota is reached. The petition filing date becomes the applicant’s priority date. U.S. visas are only issued when the priority date is reached for processing. For example: if the category that you are filing under has a numerical visa limitation of 50,000 visas per year, and in the year 2000, there were 100,000 visa applications for that category. The first qualified 50,000 applicants will be issued visas whereas the other 50,000 would go on a waiting list for the year 2001 – this explains the backlog for certain oversubscribed visa categories, which create years of the waiting period. To find out more information on visa priority dates, please visit http://travel.state.gov/visa/bulletin/bulletin_1360.html

 Thu, Nov 17th, 2011

Form I-131, Application for Travel Document, is used to request a re-entry permit, refugee travel document, or advance parole travel document from U.S. Citizenship and Immigration Services (USCIS). These travel documents are used by non-U.S. citizens looking to re-enter the United States after traveling outside the country.

Re-Entry Permits

Permanent U.S. residents and conditional residents of the United States can use form I-131 to request re-entry permits that allow them to re-enter the United States without a returning resident visa — although re-entry permits may not be required if these individuals have spent less than a year traveling outside the United States.

While an applicant needs to be present in the U.S. when filing a re-entry permit application, he or she does not need to be in the U.S. when the permit is approved. Approved re-entry permits can be sent to U.S. embassies or consulates abroad to be picked up by their original applicants. The permits are valid for either one or two years, depending on the applicant’s circumstances, but USCIS will not grant re-entry permits to individuals if they hold an existing permit that is still valid or if they are traveling to certain restricted areas that have been noted in the Federal Register.

Refugee Travel Document

Individuals in the U.S. under valid refugee or asylee status — and permanent U.S. residents who received their residency status as a direct result of their refugee or asylee status — can use form I-131 to request a refugee travel document, which will be needed to return to the United States after temporary travel abroad.

Applicants requesting a refugee travel document should submit their application before they leave the United States, although they may apply for and receive the document while outside the U.S. if they are not required to undergo biometrics collection. All refugee travel documents are valid for one year, and like the re-entry permit, USCIS will not grant refugee travel documents to individuals who hold existing refugee travel documents that are still valid or if they are traveling to certain restricted areas that have been noted in the Federal Register.

Advance Parole Document

In certain rare cases, individuals can use form I-131 to request an advance parole document that grants temporary parole into the U.S. The advance parole document is “an extraordinary measure” that USCIS grants on a limited basis in situations that it considers to be compelling emergencies, and it is meant to be used only temporarily. USCIS will not grant advance parole documents to individuals looking to bypass the normal process for obtaining a visa, and while advance parole documents are used in lieu of visas, they cannot be used in place of a valid passport.

In all cases, whether an individual is requesting a re-entry permit, refugee travel document, or advance parole document, the completed form I-131 must be submitted along with an official photo identity document showing the applicant’s name, picture, and date of birth. Additional documentation may be required by USCIS depending on which of the three types of travel document is being requested.

 Wed, Nov 9th, 2011

Form I-94 is used by U.S. Customs and Border Protection (CBP) and U.S. Citizenship and Immigration Services (USCIS) to record the arrivals and subsequent departures of non-U.S. citizens entering and leaving the United States.

When do you receive Form I-94?

If you are a non-U.S. citizen entering the United States under a non-immigrant visa, you should receive and complete Form I-94, Arrival-Departure Record, at your time of entry into the United States. After a CBP officer has reviewed your completed Form I-94, it will be stamped to show that you have received final approval to enter the United States.

If you are not entering the United States with a visa, you are staying in the United States for 90 days or less, and you are a citizen of a country on the U.S. Visa Waiver Program list, then you should complete Form I-94W, the visa waiver form.

When do you turn in Form I-94?

You will need to hold on to your stamped Arrival-Departure Record for the duration of your stay in the United States. When you leave the United States, you must file (or “surrender”) your stamped Form I-94, which can usually be done by submitting it to a representative of the airline or ship you are traveling on.

Why is Form I-94 important?

CBP uses Form I-94 to record the duration of your stay in the United States and your date of departure. If CBP does not receive a completed Arrival-Departure Record for your trip, it may not register your departure from the U.S. and may assume that you have overstayed the duration of your visa. This will cause problems when you attempt to re-enter the United States.

Additionally, USCIS requires a stamped Arrival-Departure Record from individuals requesting an extension of stay or a change of their nonimmigrant visa category. When completing and filing form I-539 to extend or change your nonimmigrant status, your Form I-94 must be included with your supporting documentation.

What happens if you lose or damage your Form I-94?

If you lose your Arrival-Departure Record, you can request a replacement. You may need to either contact CBP or file Form I-102 with USCIS, depending on the agency that originally issued your Form I-94.

 Tue, Nov 1st, 2011

Generally, citizens of foreign countries looking to temporarily visit, study, or work in the United States need to apply for a U.S. visa before they will be allowed entry into the United States. Visas are issued by the Office of Visa Services in the U.S. Bureau of Consular Affairs, which is a division of the U.S. Department of State.

Some visitors to the United States, including individuals who are citizens of countries participating in the Visa Waiver Program and Mexican and Canadian professional workers covered under the North American Free Trade Agreement (NAFTA), do not require a U.S. visa for entry into the United States.

To apply for a U.S. visa, individuals will need to contact their country’s U.S. embassy or consulate, unless one of the following conditions applies:

• The United States has no diplomatic presence or no diplomatic relationship with their country.
• The United States has suspended visa services available in their country.
• The United States has limited visa services available in their country.

Occasionally, the U.S. will limit or suspend visa services available in a country due to civil unrest, natural disasters, or other reasons, including security concerns. The department of consular affairs manages a list with special instructions for citizens of these countries on their website.

Individuals applying for U.S. visas will schedule an appointment with a consular officer at their country’s U.S. embassy or consulate. During the appointment, the consular officer will decide what kind of visa will be needed, which will determine what forms must be completed by the applicant.

Consular officers are required by law to view visa applicants as intending to immigrate to the United States, which is why applicants for temporary travel visas cannot receive a U.S. visa until they have proven that they will eventually leave the United States. In some situations, this means that individuals will need to collect other documentation before they can apply for their visas at their country’s U.S. embassy or consulate.

Additional documentation required by U.S. embassies or consulates may include foreign labor certification from the U.S. Department of Labor or documents approved by U.S. Citizenship and Immigration Services (USCIS), such as a form I-129 petition or form I-914 application.

When applying for a visa to visit the United States, it is important to note that there may be a wait time to receive an interview appointment with a consular officer, which is separate from the wait time to process the visa. There may also be additional time required for administrative processing with some U.S. visa applications.

Once an individual has met with a consular officer and submitted the required documents, the consulate or embassy in the individual’s home country will process their request and approve or deny the application.