Showing posts with label Form I-601. Show all posts
Showing posts with label Form I-601. Show all posts

Tuesday, July 10, 2012

Centralized Filing for Certain USCIS Forms

Beginning June 4, 2012, individuals abroad who have applied for certain visas and have been found ineligible by a U.S. Consular Officer, will be able to mail requests to waive certain grounds of inadmissibility directly to a U.S. Citizenship and Immigration Services (USCIS) Lockbox facility. This change affects where individuals abroad, who have been found inadmissible for an immigrant visa or a nonimmigrant K or V visa, must send their waiver applications.
Currently, applicants experience processing times from one-month to more than a year depending on their filing location. This centralization will provide customers with faster and more efficient application processing and consistent adjudication. It is part of a broader agency effort to transition to domestic filing and adjudication; it does not reflect a change in policy or the standards by which the applications are adjudicated. Individuals filing waiver applications with a USCIS Lockbox will now be able to track the status of their case online.
The change affects filings for:
*               Form I-601, Application for Waiver of Grounds of Inadmissibility
*               Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal
*               Form I-290B, Notice of Appeal or Motion, (if filed after a denial of a Form I-601 or Form I-212)
Applicants who mail their waiver request forms should use the address provided in the revised form instructions on the USCIS website. Applicants who wish to receive an email or text message when USCIS has received their waiver request may attach Form G-1145, E-Notification of Application/Petition Acceptance, to their application.
During a limited six-month transition period, immigrant visa waiver applicants in Ciudad Juarez, Mexico, will have the option to either mail their waiver applications to the USCIS Lockbox in the United States or file in-person at the USCIS office in Ciudad Juarez. USCIS is aware of the pending caseload for applicants in Ciudad Juarez and is taking proactive steps to work through these cases. USCIS will significantly increase the number of officers assigned to adjudicate the residual cases filed before June 4, and those filed during the interim six-month transition period. USCIS has already begun to test this process and has transferred applications from Ciudad Juarez to other USCIS offices in the United States.  
This change is separate and distinct from the provisional waiver proposal published in the Federal Register on Mar. 30, 2012.

Wednesday, February 29, 2012

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.

Friday, February 24, 2012

Special Immigrant Juveniles (SIJ) Status: Part III

Forms You May Need


Forms that you file with USCIS require supporting evidence. The particular documents you send in with your forms depend on your situation.

Please Note: Everything Must Be Translated into English

Whatever you send to USCIS must either be written in English, or, if it is in a language other than English, you must also send an English translation.

*               The translation must be full and complete.

*               The translator must say, in writing,

*                       That he or she is fluent in both English and in the language on the document being translated, and

*                       That he or she is competent to translate the foreign language into English.

Note on Fees

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

*               Visiting http://www.uscis.gov/fees

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

Your Form I-360should include:

*               Cover letter to USCIS indicating why you qualify as an SIJ;

*               Including a short history of how you came to be eligible for SIJ;

*               The supporting evidence given to the court, such as:

*               Your declaration to the court stating there is no one able or willing to care for you in your country,

*               Reports on the status of children in your country,

*               Letters from doctors or therapists;

*               Including this supporting evidence with your Form I-360 will help USCIS make the correct decision and may result in a quicker decision.

Your Form I-360 MUST include:

*               Certified copy of the court order showing the decisions mentioned in Eligibility for SIJ Status

*               The court order (or other certified court records) should say:

*                       That you were declared dependent on the court or were placed with a state or private agency or an individual;

*                       Why you should not be sent back your home country, and

*                       Why you cannot be reunited with one or both of your parents due to abuse, abandonment, neglect, or a similar reason under state law.

*               Copy of your birth certificate, or other evidence of your age, and its English translation;

*               Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, if an attorney or accredited representative represents you;

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

Your Form I-485 should include:

*               Form G-325, Biographical Information

*               Four passport-style photographs

*               Form I-693, Report of Medical Examination and Vaccination, must be in a sealed envelope, and:

*                       Completed by a doctor designated by USCIS as a Civil Surgeon

*                       Medical examination within 12 months of date of the report. You can bring the Form I-693 to the Civil Surgeon on the day of your medical appointment;

*                       The appropriate filing fee, payable to U.S. Department of Homeland Security or Form I-912, Request for Fee Waiver, with supporting documentation

If you file the Form I-485 after you file the Form I-360, you must include:

*               Copy of the Form I-797C, Notice of Action, (which shows that your Form I-360 was accepted).

*               Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, if an attorney or accredited representative represents you;

Form I-765, Application for Employment Authorization

Your Form I-765 should include:

*               File the Form I-765, Application for Employment Authorization, along with your Form I-485, or after you get the Form I-797C (which shows that your Form I-485 was accepted).

*               Write (c)(9) in the blanks in item 16.

If you file the Form I-765 after you file the Form I-485, you must include:

*               Copy of the Form I-797C, Notice of Action, (which shows that your Form I-485 was accepted).

*               Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, if an attorney or accredited representative represents you.

*               USCIS will mail you an appointment notice for fingerprinting.

Form I-601, Application for Waiver of Grounds of Inadmissibility

Your Form I-601 should include:

*               A written statement telling USCIS why you are (or think you are) ineligible for a green card

*               Certified copies of all court and police records

*               If you were convicted, the records need to show if you were convicted as a child or as an adult

*               You don’t have to give a second copy of the court records you already gave with the Form I 360

*               Any other evidence that shows exactly what you did or were convicted of.

*               If you file the Form I-601 after you file the Form I-485, you must include:

*                       Copy of the Form I-797C, Notice of Action, (which shows that your Form I-485 was accepted);

*                       Copy of the written notice from USCIS stating that you appear to be ineligible and that you can file a Form I 601, if applicable.

*               Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, if an attorney or accredited representative represents you;

And

*               The appropriate filing fee, payable to U.S. Department of Homeland Security,

or

*               Form I 912, Request for Fee Waiver, with supporting documentation.

Form I-912, Request for Fee Waiver

Your Form I-912 should include:

*               Evidence from the court (or from HHS) showing who has legal custody of you,

*               On line 6, the form numbers for ALL fees that you cannot afford (that you are sending in the same envelope with this Form I-912), and

*               Evidence of your income and expenses:

*               Follow the instructions for the Form I-912, Request for Fee Waiver to decide what evidence to include;

*                       If you have no income, explain why.

*               If you are in the legal custody of anyone except one of your parents, you do not have to include anybody else’s income.
If you are in the legal custody of one of your parents, then you must include that parent’s income.