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Archive for the ‘Green Card’ Category
Friday, February 26th, 2010
USCIS has once again changed filing locations for some of it’s most popular applications and petitions. Please double check before you file.
Beginning February 25, 2010, most applicants must submit Form I-485 to a USCIS Lockbox
facility, depending on the eligibility category under which they are filing, as provided in the form
instructions. USCIS Service Centers will forward all Form I-485 applications to the appropriate
Lockbox facility until March 29, 2010. USCIS will accept previous versions of Form I-485 until
March 29, 2010. After March 29, 2010, USCIS will only accept the Form I-485 dated “12/03/09.”Any
previous versions of the the form that are submitted will be rejected. After the transitional period,
the Service Centers will return any incorrectly filed Form I-485 with instructions to send the
application to the correct location.
At this time, applicants should not concurrently file Form I-485 with an Immigrant Petition for Alien
Worker (Form I-140) at a USCIS Lockbox facility. Refer to the Form I-140 filing Instructions for
information on how to file forms concurrently.
When filing Form I-485 at a Lockbox facility, you may elect to receive an email and/or text message
notifying you that USCIS has accepted your application. To receive notification, you must complete
an E-Notification of Application/Petition Acceptance (Form G-1145), and attach it to the first page of
your application.
Revised Form I-360, Petition for Amerasian, Widow(er), or
Special Immigrant, and Revised Filing Locations
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today announced that it has
posted a revised Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360). The new
form is dated “12/30/09,” and due to the changes, no previous versions of the form will be
accepted 30 days after publication. In addition to the revised form, there are changes to filing
locations. The changes are part of an overall effort to transition the intake of benefit request forms
from USCIS Service Centers to Lockbox facilities. Centralizing form and fee intake allows USCIS
to provide more efficient and effective initial processing of applications and fees.
Beginning February 25, 2010, applicants must file a Form I-360 with either the Vermont Service
Center, the Nebraska Service Center, or at a USCIS Lockbox facility. Where applicable, USCIS
Service Centers will forward Form I-360 petitions to the appropriate Lockbox facility until March 29,
2010. After the transitional period, the Service Centers may return incorrectly filed Form I-360 with
instructions to send the petition to the correct location. USCIS will accept previous versions of
Form I-360 until March 29, 2010. After March 29, 2010, USCIS will reject previous versions of the
form submitted.
When filing Form I-360 at a Lockbox facility, you may elect to receive an email and/or text message
notifying you that USCIS has accepted your petition. To receive notification, you must complete an
E-Notification of Application/Petition Acceptance (Form G-1145), and attach it to the first page of
your petition.
Posted in Employment, Family based Immigration, Green Card, Green Card, Immigration, Reform/New Laws | No Comments »
Friday, February 26th, 2010
All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The burden is on the applicant or petitioner to demonstrate that one or more of the expedite criteria have been met. The criteria are as follows:
- Severe financial loss to company or individual
- Extreme emergent situation
- Humanitarian situation
- Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
- Department of Defense or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
- USCIS error
- Compelling interest of USCIS
If you are filing your application or petition:
You must provide a written explanation as to why the application or petition needs to be expedited. You may include supporting evidence with the request. Write “EXPEDITE REQUEST” at the top of your letter. When you file your application or petition, place your expedite request letter on the top of your documents.
If you have already filed your application or petition:
You can contact the National Customer Service Center (NCSC) at 1-800-375-5283. The NCSC will take a “service request” and forward your expedite request to the office with jurisdiction over the application or petition. You also have the options of 1). visiting your local office by scheduling an InfoPass appointment or 2). writing a letter to the local office or service center.
If you have an attorney, it is always best to have the attorney handle this and all other communications with USCIS for you.
Posted in Adoption, Citizenship, Employment, Employment Visas, Family Member, Family Visas, Family based Immigration, Green Card, Green Card, Green Card, Immigration, Investor Visas, Naturalization, Treaty Investors | No Comments »
Tuesday, February 16th, 2010
On December 19, 2009, the President signed the Department of Defense Appropriations Act, 2010 (Pub. L. 111-118), which included a provision affecting the poverty guidelines. Section 1012 of the law states that:
Notwithstanding any other provision of law, the Secretary of Health and Human Services shall not publish updated poverty guidelines for 2010 under section 673(2) of the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9902(2)) before March 1, 2010, and the poverty guidelines published under such section on January 23, 2009, shall remain in effect until updated poverty guidelines are published.
The Congressional Record (House) (December 16, 2009, p. H15370) provides the following explanation of Congressional action:
Section 1012 includes a provision to freeze the Department of Health and Human Services poverty guidelines at 2009 levels in order to prevent a reduction in eligibility for certain means-tested programs, including Medicaid, Supplemental Nutrition Assistance Program (SNAP), and child nutrition, through March 1, 2010.
For the first time since the poverty guidelines began to be issued in 1965, the annual average Consumer Price Index (CPI-U) has decreased from the figure for the previous year. In the absence of this legislative change, the decrease in the annual average CPI-U for 2009 announced on January 15, 2010 (see http://www.bls.gov/news.release/pdf/cpi.pdf [PDF - 25 pages], Table 1A) would have required HHS to issue 2010 poverty guidelines that were lower than the 2009 poverty guidelines, which would have led to the “reduction in eligibility” referred to in the Congressional explanatory language.
A Federal Register notice about this extension of the 2009 poverty guidelines was published on January 22, 2010. (See Federal Register, Vol. 75, No. 14, January 22, 2010, pp. 3734-3735.) We will provide updated information about the post-March 1 period when it becomes available.
The immigration effect of this is that the amount of money required for the affidavit of support would be lower than in 2009, but as the new figures are not released the figures are artificially higher to support other political/economic objectives.
Posted in Family based Immigration, Green Card, Green Card, Immigration | No Comments »
Tuesday, December 22nd, 2009
As of 1/1/10, requestors must submit PWD requests using the Application for Prevailing Wage Determination, Form ETA-9141. OFLC NPWHC will receive and process PWD requests for H-1B, H-1B1, H-1C, H-2B, E-3, and permanent labor certification.
Posted in Employment, Green Card, Immigration | No Comments »
Thursday, December 10th, 2009
WASHINGTON – The Justice Department announced today the release of a new video aimed at educating employers about worker rights and employer responsibilities under the anti-discrimination provision of the Immigration and Nationality Act. The anti-discrimination provision forbids citizenship status and national origin discrimination in the workplace.
The half-hour video, available online and in DVD format, describes the types of discrimination prohibited and how employers can avoid discriminatory practices. The Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) of the Justice Department’s Civil Rights Division is distributing the DVD. OSC enforces the anti-discrimination provision. It also staffs telephone hotlines to help employers and workers quickly resolve immigration-related workplace problems.
“We want to ensure that workers know their rights and that employers know their responsibilities under our nation’s civil rights laws, which protect documented workers against employment discrimination because of their citizenship status, their accent, their appearance or their national origin,” said Thomas E. Perez, Assistant Attorney General for Civil Rights.
“While OSC vigorously pursues violators of this law, it also conducts an extensive public education program to train employers about fair employment practices and how to avoid discrimination against authorized workers,” adds Perez.
The video is available on the OSC Web site at www.justice.gov/crt/osc/. In addition, single copies in DVD format can be ordered by calling OSC.
Those interested in ordering the video or seeking assistance from OSC may call its toll-free employer hotline at 800-255-8155 (voice) or 800-237 -2515 (TTY) or its worker hotline at 800-235-7 688 (voice) or 800-237 -2515 (TTY).
Posted in Employment, Employment Visas, Green Card, Immigration | No Comments »
Tuesday, October 20th, 2009
Congress has temporarily extended the nonminister immigrant visa category, but only until October 31, 2009. Pub. L. 111-68 (Oct. 1, 2009). Therefore, nonminister religious workers can presently file, or have adjudicated, their I-485 applications for permanent resident, but only for the next two weeks. Congress will consider a further extension, but when, or if that happens is uncertain.
1. Consider filing for adjustment by October 30, 2009, if you did not already do so: Because of the impending cutoff date, this means that the I-485 application for non-ministers must be filed and received at the relevant CIS Service Center, not later than Friday, October 30, 2009. If you are a nonminister, or represent a nonminister, who remains otherwise eligible to adjust status under INA 245, but did not file in September when no visas were available due to the sunset of the category, you should consider submitting the adjustment of status application now. Note that pursuant to Ruiz-Diaz, an I-360 and I-485 can be filed concurrently. You must still meet the other eligibility requirements relating to qualifications, available job at a qualifying religious organization, and without having in excess of 180 days of unlawful presence/employment.
Filing the application for adjustment of status should cut off any unlawful presence /unauthorized employment that is accruing or will begin to accrue against the applicant after expiration of R-1 status. If you do not accomplish this for a nonminister whose R-1 runs out while a further extension by Congress is in limbo, your client could run past the 180 day grace period of INA 245k and be ineligible to adjust. Please refer to CIS instructions in the June 25, 2009 Neufeld memo regarding filing locations and how to mark the envelope for submission, at http://www.uscis.gov/files/nativedocuments/Ruiz- Diaz_Implementation_25jun09.pdf. Obviously, you will want to file the application at the correct office to avoid rejection.
2. SEEK EXPEDITES OF PENDING NONMINISTER I-485 APPLICATIONS: Likewise, if your nonminister religious worker I-485 is pending adjudication, you should promptly request an expedited decision so the approval issues on or before October 30, 2009. We are presently trying to confirm the best procedure to obtain such an expedite and will post this as soon as possible. If the application is not approved by October 30, adjudication cannot occur until Congress again extends the program.
Posted in Green Card | No Comments »
Wednesday, September 23rd, 2009
| FORM NUMBER |
TITLE |
FEE |
BIOMETRICS |
| I-90 |
Application to Replace Permanent Resident CardIf you are filing to register at age 14 years, your existing card will not expire before your 16th birthday and you are filing within 30 days of your 14th birthday. |
No Fee |
No |
| If filing because your card was issued incorrectly due to USCIS error. |
No Fee |
No |
| If filing because you never received your card. |
No Fee |
No |
| All others |
$290.00 |
Yes |
| I-102 |
Application for Replacement/Initial Nonimmigrant Arrival-Departure Document |
$320.00 |
No |
| I-129 |
Petition for a Nonimmigrant WorkerNOTE: Certain employers filing H1-B or L-1 petitions must submit supplemental fees of $750.00 or $1,500.00 or a fraud prevention fee of $500.00. To determine if you are required to pay one or more of these fees, see Form I-129 instructions. |
$320.00 |
No |
| I-129F |
Petition for Alien Fiancé(e)General fiancé(e) petition |
$455.00 |
No |
| For K-3 status based on an immigrant petition (Form I-130) filed by the same U.S. citizen husband or wife. |
No Fee |
No |
| I-130 |
Petition for Alien Relative |
$355.00 |
No |
| I-131 |
Application for Travel Document (for Reentry Permit, Refugee Travel Document, or Advance Parole) |
$305.00 |
No |
| I-140 |
Immigrant Petition for Alien Worker |
$475.00 |
No |
| I-191 |
Application for Advance Permission to Return to Unrelinquished Domicile |
$545.00 |
No |
| I-192 |
Application for Advance Permission to Enter as a Nonimmigrant |
$545.00 |
No |
| I-193 |
Application for Waiver of Passport and/or Visa |
$545.00 |
No |
| I-212 |
Application for Permission to Reapply for Admission Into the United States After Deportation or Removal |
$545.00 |
No |
| I-290B |
Notice of Appeal or Motion |
$585.00 |
No |
| I-360 |
Petition for Amerasian, Widow(er) or Special ImmigrantIf filing for an Amerasian special immigrant. |
No Fee |
No |
| If self-petitioning as a battered or abused spouse, parent or child of a U.S. citizen or lawful permanent resident. |
No Fee |
No |
| If filing for a special immigrant juvenile. |
No Fee |
No |
| All others |
$375.00 |
No |
| I-485 |
Application to Register Permanent Residence or Adjust StatusIf filing for adjustment as a refugee. |
No Fee |
No |
If under the age of 14 years and –
- Filing with the I-485 application of at least one parent.
- NOT filing with the I-485 application of at least one parent.
|
$600.00 |
No |
| $930.00 |
No |
| If filing for adjustment and over the age of 79 years. |
$930.00 |
No |
| All others |
$930.00 |
Yes |
| I-485A |
Supplement A to Form I-485, Adjustment of Status Under Section 245(i)If under the age of 17 years. |
No Fee |
No |
| If an unmarried son or daughter of a legalized alien and under the age of 21 years. |
No Fee |
No |
| If the spouse of a legalized alien under the Family Unity Program. |
No Fee |
No |
| All othersNOTE: No biometric services fee is required when filing this form. However, the biometric services fee must be paid when filing the related I-485 application. |
$1,000.00 |
No |
| I-526 |
Immigrant Petition by Alien Entrepreneur |
$1435.00 |
No |
| I-539 |
Application to Extend/Change Nonimmigrant Status |
$300.00 |
No |
| I-589 |
Application for Asylum and for Withholding of Removal |
No Fee |
No |
| I-600A |
Application for Advance Processing of Orphan PetitionNOTE: Biometric services fee must be paid for the applicant, his or her spouse (if applicable) and each adult household member, 18 years or older.Previously Approved Form I-600A: If you already have an approved Form I-600A that is about to expire and you have not yet filed a Form I-600 petition, you can request one free extension of your Form I-600A. You must submit a written request to the USCIS office that adjudicated the initial I-600A. The request must be received no earlier than 90 days prior to the expiration of the Form I-600A approval, but before the Form I-600A approval notice expires. |
$670.00 |
Yes |
| I-600 |
Petition to Classify Orphan as an Immediate RelativeIf based on an approved I-600A filed within the previous 18 months. |
No Fee |
No |
| If based on a pending I-600A. |
No Fee |
No |
| All othersNOTE: When petition is for siblings, only one Form I-600 with one fee ($670.00) is required. However, biometric services fee must also be submitted for the petitioner’s spouse (if applicable) and each adult household member over the age of 18 years. |
$670.00 |
Yes |
| I-601 |
Application for Waiver of Grounds of InadmissibilityNOTE: Only a single application and fee required when applying simultaneously for a waiver of health related inadmissibility grounds under section 212(h) or 212(i) of the INA. |
$545.00 |
No |
| I-612 |
Application for Waiver of Foreign Residence Requirement |
$545.00 |
No |
| I-687 |
Application for Status as a Temporary Resident Under Section 245A of the INA |
$710.00 |
Yes |
| I-690 |
Application for Waiver of Grounds of Inadmissibility (For legalization and special agricultural worker applicants) |
$185.00 |
No |
| I-694 |
Notice of Appeal of Decision Under Section 210 or 245A |
$545.00 |
No |
| I-695 |
Application for Replacement of Form I-688A, Employment Authorization, or Form I-688, Temporary Residence Card (under P.L. 99-603) |
$130.00 |
No |
| I-698 |
Application to Adjust Status From Temporary to Permanent Resident(Under Section 245A of the INA)If filed within 31 months from the date of adjustment to temporary residence.NOTE: The adjustment date is the date of filing of the application for permanent residence or the applicant’s eligibility date, whichever is later. |
$1,370.00 |
Yes |
| If filed after 31 months from date of approval of temporary resident status. |
$1,410.00 |
Yes |
| I-730 |
Refugee/Asylee Relative Petition |
No Fee |
No |
| I-751 |
Petition to Remove Conditions on ResidenceNOTE: Each conditional resident child listed on the form who is seeking to remove their conditional status is required to submit the biometric service fee regardless of age. |
$465.00 |
Yes |
| I-765 |
Application for Employment AuthorizationSee form instructions for numerous fee exemptions. |
$340.00 |
No |
| I-817 |
Application for Family Unity BenefitsIf under the age of 14 years. |
$440.00 |
No |
| All others |
$440.00 |
Yes |
| I-821 |
Application for Temporary Protected StatusInitial (first time) applicants. |
$50.00 |
Yes (see NOTE) |
| Re-registration or renewal applicants.NOTE: Applicants between ages 14 and 65 years, inclusively, if filing for employment authorization must pay the required application fee. (See I-765, Application for Employment Authorization Document.)Applicants under 14 years of age and not filing for an employment authorization document are exempt from paying a biometrics fee. |
No Fee |
Yes (see NOTE) |
| I-824 |
Application for Action on an Approved Application or Petition |
$340.00 |
No |
| I-829 |
Petition by Entrepreneur to Remove ConditionsNOTE: Each conditional resident child listed on the form who is seeking to remove their conditional status is required to submit the biometric service fee regardless of age. |
$2,850.00 |
Yes |
| I-881 |
Application for Suspension of Deportation or Special Rule Cancellation of Removal (Pursuant to Section 203 of Public Law 105-100, NACARA)If filed with USCIS |
$285.00 |
Yes |
| Maximum payable by family when filed together (spouses and unmarried children) |
$570.00 |
Yes |
| If filed with the Immigration Court (Executive Office of Immigration Review).See form’s instructions for detailed fee information.NOTE: Single fee will be charged by the court whenever applications are filed by two or more applicants in the same proceedings. Fee not required if USCIS refers the application to the Immigration Court. Applicants filing with Immigration Court must submit a biometric services fee payable to Department of Homeland Security. |
$165.00 |
Yes |
| I-905 |
Application for Authorization to Issue Certification for Health Care Workers |
$230.00 |
No |
| I-907 |
Request for Premium Processing ServicesNOTE: This fee is in addition to the required filing fee for the related application or petition. |
$1,000.00 |
No |
| I-914 |
Application for T Nonimmigrant StatusIf under the age of 14 years. |
No Fee |
No |
| All other first time applicants. |
No Fee |
No |
| N-300 |
Application to File Declaration of Intention |
$235.00 |
No |
| N-336 |
Request for Hearing on a Decision in Naturalization Proceedings(Under Section 336 of the INA) |
$605.00 |
No |
| N-400 |
Application for NaturalizationIf filing through service in the U.S. Armed Forces (relating to Sections 328 or 329of the INA). |
No Fee |
No |
| All others |
$595.00 |
Yes |
| N-410 |
Motion for Amendment of Petition (Application) |
$50.00 |
No |
| N-470 |
Application to Preserve Residence for Naturalization Purposes |
$305.00 |
No |
| N-565 |
Application for Replacement Naturalization/Citizenship Document |
$380.00 |
No |
| N-600 |
Application for Certificate of CitizenshipIf filing for an adopted child |
$420.00 |
No |
| All others |
$460.00 |
No |
| N-600K |
Application for Citizenship and Issuance of Certificate Under Section 322If filing for an adopted child |
$420.00 |
No |
| All others |
$460.00 |
No |
| N-644 |
Application for Posthumous Citizenship |
No Fee |
No |
If the instructions on the form state that you must pay a fee, use the table above to find the fee. The forms and fees are listed in numerical order. To avoid processing delays, please include the correct fee when you file your form with USCIS. If you do not submit the appropriate fee on or after the effective date, we will reject the form. You will need to resubmit theform with the new fee.
Biometric Services Fee
If the form you are filing requires biometric services, you must pay an additional $80.00 fee. This fee is to pay for USCIS to take your fingerprints, and if necessary, your photograph and signature.
See “Biometrics” on the Fee Schedule above to determine if you must pay a biometric services fee. If “Yes,” read “What Is the Filing Fee” on the instructions of the form you are filing for additional information.
The biometrics fee is in addition to the form’s base filing fee and must be paid at the time of filing. Fees for forms and biometric services may be paid by one check or money order, or separate check or money order. Unless otherwise instructed, make the check or money order payable to Department of Homeland Security.
Fee Waiver for Certain Forms
Persons financially unable to pay the base filing fee or required biometric services fee may submit a fee waiver request as described in 8 CFR, section103.7(c).
You may request a fee waiver on the following forms:
1. I-90, I-751, I-765, I-817, N-300, N-336, N-400,N-470, N-565, N-600, N-600K; and
2. I-290B, if related to an appeal or motion filed with USCIS concerning one of the other fee waiver-eligible forms; and
3. I-485 – only in the case of an alien in T (victims of human trafficking) or U (victims of a violent crime who assist in the prosecution) in lawful nonimmigrant status, an asylee, an approved self-petitioning battered or abused spouse, parent or child of a U.S. citizen or lawful permanent resident; and
4. I-485 – an applicant who does not have to show he or she will not become a public charge foradjustment of status purposes according to section 212(a)(4) of the Immigration and Nationality Act (INA), as amended.
NOTE: Granting of a fee waiver is at the sole discretion of USCIS
Posted in Adoption, Citizenship, Employment, Employment Visas, Family Visas, Family based Immigration, Green Card, Green Card, Immigration, Investor Visas | No Comments »
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