Special Immigrant Juveniles (SIJ) Status: Part V

After You File

Receipts, Fingerprints & Photographs

Receipt

After you file any form, USCIS will either:

               Send you a Form I-797C, Notice of Action, which is your receipt showing the official filing date and receipt number
OR

               Return your form(s) and supporting documents to you

If your forms are returned to you, USCIS will include a notice explaining why the forms were returned.

               Read the notice carefully and correct all the mistakes before you file again.

Fingerprints & Photographs

After you file the Form I-485:

               If you are 14 or older, USCIS will send you a notice for an appointment to give fingerprints take photographs (which the USCIS calls biometrics) at an Application Support Center (also referred to as the ASC)

               You must bring a state-issued photo ID, or a passport issued by your country of birth to the appointment

               If you also file a Form I 765, the USCIS will send you an appointment notice for that form

                       Remember to bring BOTH notices to the ASC. Bringing only one can delay processing of your green card or your work permit

                       If you cannot make the appointment, follow the instructions on the appointment notice to ask for a new date and time

IMPORTANT!

If you	Then
Cannot make your appointment	Follow the instructions on the appointment notice to ask for a new date and time
Do not come to your interview, and do not ask AS SOON AS POSSIBLE for a new appointment	Your I-485 might be denied!

Interview Scheduling & Interview Waivers

Scheduling the Interview

As a rule, the USCIS interviews all SIJ petitioners. If you think you should not be interviewed, please see “Waiving the Interview”, below.

               The USCIS will interview you in order to make a decision on the Form I-360 and the Form I-485 you file.

               The USCIS will send you a notice for an interview at your local USCIS field office.

               You will have your interview within 180 days of your official filing date.

                       If you file both forms in the same envelope, the USCIS will interview you only once.

               Follow the instructions on the appointment notice to ask for a new date and time.

Waiving the Interview

The USCIS may waive the interview for special reasons, such as:

               An approval after your 18th birthday will mean you would lose a place to live;

               You cannot get critical medical care until you get a green card; or

               You will lose a scholarship if you do not get your green card in less than 180 days; or

               Coming to the USCIS interview would be so extremely difficult that it would be a hardship to you;
OR

               Other reasons that you may need an expedited decision.

               If you are under 14, the USCIS will consider your age when the USCIS decides whether or not to waive your interview.

               The more complete your petition is, the more likely the USCIS is to be able to decide to waive the interview.

At the Interview

At the Interview:

               You can bring your attorney or representative with you.

               Your attorney or representative must bring a Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative (if it was not already sent with your petition).

The USCIS will interview you to:

               Confirm the information in your I-360 and I-485,

               Answer questions about your criminal history, if any (such as citations, arrests, or convictions),

               Explain any other part of your petition that is not clear.

               If you do not speak English well, you must bring a translator with you.

               You must bring a state-issued photo ID, or a passport issued by your country of citizenship.

               Anyone you want to come into the interview with you must also have a state-issued photo ID, a U.S. government-issued ID, or a passport issued by their country of citizenship.

IMPORTANT!

If you	Then
Cannot make the appointment	Follow the instructions on the appointment notice to ask for a new date and time
Do not come to your interview, and do not ask AS SOON AS POSSIBLE for a new appointment	Your I-360 or I-485 might be denied!

The Decision

USCIS will make a decision on your I-360 within 180 days from your official filing date. The 180 days begins on the receipt date on your I-797C, Notice of Action.

               The 180 days does NOT include the days:

                       Between the day you miss an appointment and the day of your new appointment;

                       Between the day the USCIS sends you a request for evidence (or for a Form I 601) and the date the USCIS gets the evidence or form.

               If a field office interviews you, USCIS will make the decision at the interview, unless:

                       USCIS has to wait for a clearance, or

                       You need to submit additional evidence, or

                       You need to file a Form I 601.

I-360

               If USCIS approves your Form I-360 without a Form I 485, USCIS will send you a Form I-797, Approval Notice.

               If USCIS denies your Form I-360, USCIS will send you a written decision telling you why the USCIS denied it.

               USCIS will also tell you how you can appeal the denial.

I-485

               If USCIS approves your I-360 petition and I-485 application, USCIS will send you an approval notice, or put a temporary green card stamp in your passport

               USCIS will mail you your green card (also called a Permanent Resident Card) in approximately 90 days

               If USCIS denies your I-485 application, USCIS will send you a written decision telling you why the USCIS denied it

               USCIS will also tell you how you can ask USCIS to reconsider the decision.

Special Immigrant Juveniles (SIJ) Status: Part IV

The SIJ Petition Process

Forms

You must file at least two USCIS forms in order to get an SIJ-based green card:

               Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.

               Form I-485, Application to Register Permanent Residence or Adjust Status.

You can file both forms together, or you can file the Form I-360 and wait for a decision until you file the Form I-485. Filing both forms at the same time is usually far quicker than waiting to file the second form.

Exception: If you are in immigration proceedings (if you are scheduled for immigration court), file only the Form I-360.

There are additional forms you may need to file depending on your circumstance.

If you want permission to work

File Form I-765, Application for Employment Authorization

       with your Form I-485, or

       after you get the Form I-797C (which shows that your Form I-485 was accepted).

If you want USCIS to waive a ground of ineligibility for a green card

File a Form-601, Application for Waiver of Grounds of Inadmissibility,

               If you need a waiver, you should include this form with the Form I-485

               You can wait to file until after USCIS tells you that you need to file a Form I-601, but that will delay your green card.

How to Check if You Have Latest Version of the Form

               Look at the date in the lower right-hand corner of the form.

                       The version date will be in parentheses like this: (Rev. 00/00/2000)N

                       Check out the official USCIS website at www.uscis.gov to make sure you have the latest version of the form

                       Under “Edition Date” on the webpage, you will see the acceptable forms.

Or

               Telephone the USCIS National Customer Service Center at 1-800-375-5283, and ask for the correct fee, filing location, and form edition date.

               You can order the latest forms for free by phone at 1-800-870-3676.

Fees

Fees, filing locations, and the forms can change from time to time. You can make sure you have the right fee, filing location, and form by:

               Telephoning the USCIS National Customer Service Center at 1-800-375-5283, and asking for the correct fee, filing location, and form edition date.

Form	Fee
Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant	No fee if filed for SIJ status
Form I-485, Application to Register Permanent Residence or Adjust Status	Fee is lower if you are under 14
Form I-765, Application for Employment Authorization	No fee if filed with Form I-485                No fee if filed                        after a Form I-485 that was filed with a fee                        with a copy of Form I-797C showing the I-485 was accepted                Fee for renewals
Form I-601, Application for Waiver of Grounds of Inadmissibility	Fee

Paying the Fee

You must:

               Pay with a check or money order from a United States bank or company.

               Pay the exact amount of the total of the fees for all the forms you file in the same envelope.

               Make the check or money order payable to the “Department of Homeland Security”.

Do NOT send a check or money order if you are asking for a fee waiver.

If	Then
You send payment with your fee waiver request	USCIS will cash your check to pay the fees
USCIS does not waive your fees	USCIS will ask you by mail to send in the fees
USCIS does waive your fees	USCIS will send you a Form I-797C, Notice of Action telling you that the fees have been waived

Fee Waivers

There is no filing fee for the Form I-360. But if you cannot afford to pay the filing fees for the other forms:

               File a Form I-912, Request for Fee Waiver

                       List ALL the forms that you are filing that you cannot afford to pay, and

                       that are included in the same envelope.

If	Then
You are unable to pay the filing fees	File a Form I-912, Request for Fee Waiver with supporting documentation.
You send in all of the forms you list on the Form-912 in the same envelope	Those forms can be included with the fee waiver request
One fee is waived	All fees are waived for forms filed together
You file a Form I-765 after you file the Form I-485 without a fee	You must either pay the fee for the I-765 or include a Form I-912, with supporting documentation
You file a Form I-601 after you file the Form I-485 without a fee	You must either pay the fee for the I-601 or include a Form I-912, with supporting documentation.