immigrationforms-blog

What is Deferred Action for Childhood Arrivals?

admin — Fri, 17 May 2013 22:39:38 +0000

Over the past three years, the Obama Administration has undertaken an unprecedented effort to transform the immigration enforcement system into one that focuses on public safety, border security and the integrity of the immigration system.

As the Department of Homeland Security (DHS) continues to focus its enforcement resources on the removal of individuals who pose a danger to national security or a risk to public safety, including individuals convicted of crimes with particular emphasis on violent criminals, felons, and repeat offenders, DHS will exercise prosecutorial discretion as appropriate to ensure that enforcement resources are not expended on low priority cases, such as individuals who came to the United States as children and meet other key guidelines. Individuals who demonstrate that they meet the guidelines below may request consideration of deferred action for childhood arrivals for a period of two years, subject to renewal, and may be eligible for employment authorization.

You may request consideration of deferred action for childhood arrivals if you:

Were under the age of 31 as of June 15, 2012;
Came to the United States before reaching your 16^th birthday;
Have continuously resided in the United States since June 15, 2007, up to the present time;
Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

How To Get A US Travel Visa

admin — Tue, 14 May 2013 21:39:26 +0000

While the United States doesn’t require that US citizens have a visa to travel to other countries, a travel visa may be required by the country you are traveling to. Therefore, it is important to check if a visa is required AND what documents are required before you plan your trip abroad.

Briefly, the following are steps you should take in order to obtain a travel visa:

Step 1

Research whether or not you need a visa to travel to the country you are planning to visit. The U.S. Department of State has a complete list of countries and the entry/exit documents required for travel.

Step 2

Obtain a passport or renew an existing but expired passport. In order to obtain a visa, a current a passport is required. Remember, there are numerous countries that require you to have a passport at least six months before a visa is issued.

Step 3

Obtain the information you need to apply for the visa. This information can be obtained by either calling the embassy or consulate or by visiting the foreign embassy’s website. Obtain an application.

Step 4

Fill out the application and put together all the necessary documentation that you may need. Remember to include the appropriate fee payment required to pay for the visa. Some countries also require a self addressed stamped envelope to be included so they can mail your visa back to you.

Step 5

Mail or hand-deliver the required documents to the appropriate foreign embassy or consulate. The address to mail documentation is located on the embassy or consulate’s website. Some countries require the documentation to be hand delivered and will not accept applications by mail.

Immigration Visa Forms

admin — Fri, 10 May 2013 20:49:46 +0000

The following are the immigration forms that are currently being used for obtaining a nonimmigrant or immigrant visa:

Nonimmigrant Visa Applications

DS-160: Online Nonimmigrant Visa Application (for all nonimmigrant categories except K applications)

NOTE: K visa applicants applying at U.S. Consulate General Montreal have different application form requirements. Review information on the U.S. Consulate General Montreal website to learn which forms you must complete. K visa applicants applying at all other locations must complete Form DS-156.

DS-156: Nonimmigrant Visa Application (K category applications only)
DS-156E: Nonimmigrant Treaty Trader / Investor Application
DS-156K: Nonimmigrant Fiancé(e) Visa Application
DS-157: Supplemental Nonimmigrant Visa Application
DS-158: Contact Information and Work History for Nonimmigrant Visa Applicant
DS-1648 Online: Application for A, G, or NATO Visa (Applying in the United States only)
DS-2019: Certificate of Eligibility for Exchange Visitor Status. To obtain this form, you must contact your exchange visitor program sponsor, who is responsible for entering the DS 2019 information into SEVIS, and providing the SEVIS generated DS-2019.
DS-3035: J-1 Visa Waiver Recommendation Application Instructions

Immigrant Visa Applications

DS-117: Application to Determine Returning Resident Status
DS-156K: Nonimmigrant Fiancé(e) Visa Application
DS-230: Application for Immigrant Visa and Alien Registration
DS-260: Online Immigrant Visa Application (NEW: Limited Use): Required for visa applicants to apply at selected U.S. Embassies and Consulates after National Visa Center notification.
DS-261: Choice of Address and Agent (NEW: Limited Use): Required for applicants at selected U.S. Embassies and Consulates after National Visa Center notification.
DS-234: Special Immigrant Visa Biodata Form
DS-1981: Affidavit Concerning Exemption from Immigration Requirements for a Foreign Adopted Child
DS-1884: Petition to Classify Special Immigrant Under INA 203(b)(4) as an Employee or Former Employee of the U.S. Government Abroad
DS-3032: Choice of Address and Agent
DSP-122: Supplemental Registration For the Diversity Immigrant Visa Program

What is a U.S. Naturalization Certificate?

admin — Tue, 07 May 2013 22:52:49 +0000

The Certificate of Naturalization is a document issued by the United States government as proof of a person having obtained U.S. citizenship through naturalization.

The U.S. Naturalization Certificate has been issued since October 1, 1991 by the USCIS, and on or before September 30, 1991 by Federal Courts and particular State Courts. The United States Certificate of Naturalization is proof of an individual’s U.S. citizenship through naturalization.

Who issues the Certificate of United States Naturalization?
The Certificate of Citizenship is a document that is issued by the U.S. Citizenship and Immigration Service (USCIS).

What if you need to replace your Certificate of United States Naturalization?

In order to replace your Certificate of United States Naturalization, you need to file form N-565, Application for Replacement Naturalization/Citizenship Document.

Who may file form N-565?

If you have been issued a Certificate of Naturalization which has been lost, mutilated, or destroyed;
If your name has been changed by marriage or by court order after the document was issued and you seek a document in the new name; or
If you are a naturalized citizen desiring to obtain recognition as a citizen of the United States by a foreign country, you may apply for a special certificate for that purpose.

Important: Only naturalized United States citizens can apply for a Certificate of U.S. Naturalization. If you are not a United States citizen, you must first apply for U.S. citizenship.

What is the USCIS?

admin — Fri, 03 May 2013 16:57:44 +0000

United States Citizenship and Immigration Services (USCIS) is a part of the United States Department of Homeland Security (DHS).

The DHS was created following the attacks on the World Trade Center. President Bush created this Cabinet-level department to bring together all agencies concerning the safety of the nation. The DHS was officially put in place on March 1, 2003.

This is the DHS’s stated mission is to keep the country safe from any threats. The DHS has more than 240,000 employees, and 18,000 of them work for the USCIS.

The USCIS performs many administrative functions formerly carried out by the former United States Immigration and Naturalization Service (INS), which was part of the Department of Justice.

The stated priorities of the USCIS are to promote national security, to eliminate immigration case backlogs, and to improve customer services. USCIS is headed by a director who reports directly to the Deputy Secretary for Homeland Security.

USCIS was formerly and briefly named the U.S. Bureau of Citizenship and Immigration Services (BCIS), before becoming USCIS. Alejandro Mayorkas is the current USCIS Director.

What are the functions of the USCIS?

USCIS is charged with processing immigrant visa petitions, naturalization petitions, and asylum and refugee applications, as well as making formal judgement decisions performed at the service centers, and managing all other immigration benefits functions (i.e., not immigration enforcement) performed by the former INS. Other responsibilities include:

Administration of immigration services and benefits
Adjudicating asylum claims
Issuing employment authorization documents (EAD)
Adjudicating petitions for non-immigrant temporary workers (H-1B, O-1, etc.)
Granting lawful permanent resident status
Granting United States citizenship

How to Extend Visa

admin — Fri, 26 Apr 2013 18:05:54 +0000

If you want to extend your stay in the United States, you must file a request with U.S. Citizenship and Immigration Services (USCIS) on the Form I-539, Application to Extend/Change Nonimmigrant Status before your authorized stay expires.
If you remain in the United States longer than authorized, you may be barred from returning and/or you may be removed (deported) from the United States. Check the date in the lower right-hand corner of your Form I-94, Arrival-Departure Record, to determine the date your authorized stay expires.

It is recommend that you apply to extend your stay at least 45 days before your authorized stay expires.

You MAY APPLY to extend your stay if:
• You were lawfully admitted into the United States with a nonimmigrant visa, such as a B-1, B-2, F-1, M-1 or M-2;
• Your nonimmigrant visa status is still valid;
• You have not committed any crimes that make you ineligible for a visa;
• You have not violated the conditions of your admission; AND
• Your passport is valid and will remain valid for the duration of your stay.
If you fulfill all of the above, then you can file Form I-539, Application to Extend/Change Nonimmigrant Status before your authorized stay expires.

You MAY NOT apply to extend your stay if you were admitted to the United States in the following categories:
• Visa Waiver Program
• Crew member (D nonimmigrant visa)
• In transit through the United States (C nonimmigrant visa)
• In transit through the United States without a visa (TWOV)
• Fiancé of a U.S. citizen or dependent of a fiancé (K nonimmigrant visa)
• Informant (and accompanying family) on terrorism or organized crime (S nonimmigrant visa)

What to expect at your citizenship interview

admin — Fri, 19 Apr 2013 15:25:55 +0000

At the interview, you will meet with a USCIS officer and answer questions about your Form N-400application; If you are requesting a medical exception to the English and civics testing requirements, submit Form N-648, Medical Certification for Disability Exceptions if you did not submit it at the time you filed your Form N-400; You will take the English and civics tests, unless you are exempt.USCIS will notify you following your interview regarding your results. In some cases, the USCIS officer will not be able to make a decision on your Form N-400 the day of your naturalization interview. In those cases, the USCIS officer will continue your case. This may include a request for you to provide additional evidence or require a second interview.

So what does it mean if your case is continued?

The most common reasons for this are:

You fail the English and/or civics test. If this is the case, then USCIS will schedule you to come back for another interview within 60-90 days of your first interview. USCIS will only retest you on the part (English or civics) that you failed. If you fail a second time, USCIS will deny your Form N-400; OR

The USCIS officer determines you need to provide additional documents/evidence. USCIS may ask you to submit additional documents by giving you Form N-14, Request for Additional Information, Documents or Forms. You will need to provide the additional documentation requested to continue the naturalization process; OR

You fail to provide USCIS the correct documents.

Receiving a Decision from USCIS on Your Form N-400, Application for Naturalization. Once you complete your interview, you will be issued a written notice of a decision regarding your application. There are two possible outcomes (independent of your case being continued):

Granted.

USCIS may approve your Form N-400 if the evidence on record establishes your eligibility for naturalization.

Denied.

USCIS will deny your Form N-400 if the evidence on record establishes you are not eligible for naturalization.

NOTE: You will receive a letter from USCIS explaining the reason for your Form N-400 denial. If you believe that USCIS incorrectly denied your Form N-400, you may request a hearing to appeal this decision. The denial notice you receive will have instructions on how to appeal the USCIS decision by filing Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings.

Receiving a Notice to Take the Oath of Allegiance, Once You are Granted Approval. If you cannot attend the oath ceremony on the day USCIS scheduled you, return the USCIS notice Form N-445, Notice of Naturalization Oath Ceremony, to your local USCIS office. Include a letter explaining why you cannot attend the oath ceremony. Ask USCIS to reschedule you.

Take the Oath of Allegiance to the United States. You are not a U.S. citizen until you take the Oath of Allegiance at a naturalization ceremony. The oath is administered by USCIS at an administrative ceremony or by a judge in a judicial ceremony. A court has exclusive authority to conduct the ceremonies in certain USCIS districts. You receive your Certificate of Naturalization after taking the Oath of Allegiance.

What should you do before and at the day of your taking the Oath of Allegiance:

Complete the questionnaire Form N-445, Notice of Naturalization Oath Ceremony;

Report for your oath ceremony;

Check-in with USCIS;

A USCIS officer will review your responses to Form N-445;

Turn in your Permanent Resident Card;

Take the Oath of Allegiance to become a U.S. citizen;

Receive your Certificate of Naturalization and review it before leaving the ceremony site. Notify USCIS of any corrections to your certificate at that time.

CONGRATULATIONS IN OBTAINING U.S. CITIZENSHIP!

How to Become a U.S. Citizen: Form N-400

admin — Tue, 09 Apr 2013 18:21:28 +0000

When you meet all requirements to become a U.S. citizen, complete Form N-400 to apply for naturalization.

Instructions for N-400

What you should do:

Complete and sign your Form N-400;

Get 2 passport-style photos taken;

Collect the necessary documents to demonstrate your eligibility for naturalization;

Review your Form N-400 and supporting documents.

NOTE: USCIS may ask for additional information if your application is incomplete. This will delay the processing of your application.

After this, you must submit Your Form N-400, Application to Naturalization. Send your application package and filing fee to the appropriate Lockbox Facility or Service Center.

What you may also need to include in your package:

Form N-400, with all the necessary documents and application fees, AND also biometric services fees (if applicable). Biometric service fees refer to fingerprinting services that are required for most applicants. If you are 75 years old or older at the time you are filing, you are exempted from the fingerprint requirements, but you will still be are subject to all other background checks;

Form N-648, Medical Certification for Disability Exceptions, if applicable. If you are seeking an exception to the English and/or civics requirement for naturalization because of a physical or developmental disability or a mental impairment, submit Form N-648 with your package;

TWO passport-style photos and any additional evidence demonstrating your eligibility for naturalization.

REMEMBER: Keep a copy of your completed Form N-400 and any supporting evidence for your records. You will be required to answer questions about your Form N-400 at your naturalization interview.

Next,You Will Go to Your Biometrics Appointment, If Applicable. If you are less than 75 years old at the time you are filing, then you are required to be fingerprinted. USCIS requires applicants to be fingerprinted so that the Federal Bureau of Investigation (FBI) can conduct criminal background checks. All applicants must have background checks completed before USCIS will schedule an interview.

Once you submit a COMPLETE application, then you receive an appointment notice that will include your biometrics appointment date, time, and location. Arrive at the indicated location at the scheduled time. DO NOT MISS THIS APPOINTMENT.;

After you are fingerprinted and the data are put on file, then you will receive an appointment notice for your naturalization interview.

NOTE: You must notify USCIS if you change your address after filing your Form N-400 within 10 days of your relocation by filing Form AR-11, Change of Address, with USCIS. If this is not done, then you will fail to receive these important appointment notices and this will jeopardize your application status.

Finally, You Will Have Your Interview. Once all the preliminary processes on your case are complete, USCIS will schedule an interview with you to complete the naturalization process. You must report to the USCIS office at the date and time on your appointment notice. Please bring the appointment notice with you. It is very important not to miss your interview. If you have to miss your interview, you should write to the office where your interview is to be conducted as soon as possible and ask to have your interview rescheduled. Rescheduling an interview may add several months to the naturalization process, so make all attempts to attend your original interview date. Remember to bring state-issued identification, your Permanent Resident Card, and any additional documents specific to your case.

How to Become a U.S. Citizen: First Steps

admin — Tue, 02 Apr 2013 16:21:19 +0000

U.S. citizenship provides many rights, but also involves many responsibilities. Thus, the decision to become a U.S. citizen through naturalization is important. In most cases, a person who wants to naturalize must first be a permanent resident. By becoming a U.S. citizen, you gain many rights that permanent residents or others do not have, including the right to vote. To be eligible for naturalization, you must first meet certain requirements set by U.S. law.

To apply for naturalization, you will need to file Form N-400, Application for Naturalization. Be sure that you meet all eligibility requirements before you apply. Certain exceptions and modifications are available to those who qualify. Below you will find a general description of the application process.

Obtaining Citizenship: First Steps

Step 1. Determine if you are already a U.S. citizen. You can become a U.S. citizen by birth or through naturalization. Generally, people are born U.S. citizens if they are born in the United States or if they are born abroad to U.S. citizens. You may also derive U.S. citizenship as a minor following the naturalization of one or both parents.

So, were you born in the United States or a territory of the United States?

If you answered YES, you may already be a U.S. citizen.

If NO, then is at least one of your parents a U.S. citizen?

If you have a U.S. citizen parent who is a U.S. citizen by either birth or naturalization you may already be a citizen.

If you are not a U.S. citizen by birth, or did not obtain US citizenship because at least one of you parents is a US citizen, then go to Step 2.

Step 2. Determine if you are eligible to apply for U.S. citizenship. In general, you may qualify for naturalization if:

You are at least 18 years old;

You have been a permanent resident for at least 5 years (or 3 years if you are married to a U.S. citizen) and meet all other eligibility requirements such as:

You are a person of good moral character;

You have a basic knowledge of U.S. history and government; You have a period of continuous residence and physical presence in the United States;

AND

You are able to read, write, and speak basic English. There are exceptions to this rule for someone who:

-Is 55 years old and has been a permanent resident for at least 15 years; or

-Is 50 years old and has been a permanent resident for at least 20 years; or

-Has a permanent physical or mental impairment that makes the individual unable to fulfill these requirements.

If you meet these criteria, then you may be eligible to apply for U.S. Citizenship by filing Form N-400, Application to Naturalization.

Immigration Forms Exclusively for Students

admin — Thu, 28 Mar 2013 21:01:26 +0000

Students who are looking to come to the U.S. for academic or vocational studies have to file immigration Form DS-160.

The first step to becoming a student in the U.S. is applying to a SEVP-certified school. The Department of Homeland Security lists schools that are SEVP-certified.

After the SEVP-certified school accepts the student, the student will pay the Student and Exchange Visitor Information System (SEVIS) fee. The student will then receive a Form I-20 from the school where he or she has been accepted.

After receiving Form I-20, the student will be able apply for the visa with a nonimmigrant visa application, Form DS-160. The student will submit a photo. An interview will be required of anyone applying who is between the ages of 14 and 79.

The following are the required documents for the interview:

A valid passport
The confirmation page after filing Form DS-160
Photo submitted

Student Visa

There are two basic categories under which you can become a student and complete a program in the U.S.:

The F category
The M category

The F category is for academic studies at a university or college, high school, private elementary school, seminary, conservatory, and any other academic institution. There are three subcategories: F-1 Academic Students, F-2 Spouses and Children of F-1 Academic Students, and F-3 Canadian or Mexican national academic commuter students.

The M category is for vocational studies at nonacademic institutions. There are three subcategories: M-1 Vocational students, M-2 Spouses and Children of M-1 Vocational Students, and M-3 Canadian or Mexican national vocational commuter students.

New students can be issued a student visa 120 days before the start of the study course, but students will not be allowed to enter the country 30 days before the start of it.