"This notice provides a delayed update of the Department of Health and Human Services (HHS) poverty guidelines for the remainder of 2010, and until the 2011 poverty guidelines are published, which is expected to occur in late January 2011." Federal Register / Vol. 75, No. 148 / Tuesday, August 3, 2010
Archive for the ‘Family Visas’ Category
Poverty Guidelines due to change January 2011
Friday, August 6th, 2010Effects of Puerto Rico Birth Certificate Invalidation on USCIS Benefit Seekers
Tuesday, July 6th, 2010WASHINGTON—On July 1, 2010, the Vital Statistics Office of the Commonwealth of Puerto Rico began issuing new, more secure certified copies of birth certificates to U.S. citizens born in Puerto Rico, because of a new Puerto Rico birth certificate law. After September 30, 2010, all certified copies of birth certificates issued prior to July 1, 2010, will become invalid. After September 30, 2010, USCIS will not accept any certified copies of Puerto Rico birth certificates (PRBC) issued before July 1, 2010 for the purpose of establishing eligibility for immigration benefit petitions and applications.
Petitioners and applicants may continue to submit PRBCs issued before July 1, 2010, to establish United States citizenship or a familial relationship through September 30, 2010. USCIS will honor PRBCs in support of immigration filings if received on or before September 30, 2010, even if the adjudication takes place after the PRBC becomes invalid.
If an invalid PRBC is submitted in support of a petition or application, USCIS will notify the appropriate individual and give that individual the opportunity to submit a new, valid birth certificate.
Does an invalid birth certificate affect my citizenship status?
No, this law invalidates only the birth certificate. It does not change a person’s citizenship status.
What if I already submitted a Puerto Rico birth certificate and my case has not been decided?
If you have already submitted a Puerto Rico birth certificate, the new Puerto Rico law will not affect the adjudication of your case.
How do I get a new Puerto Rico Birth Certificate?
Individuals who were born in Puerto Rico and are now living elsewhere can apply for a new birth certificate on-line or by mail. Mailed applications will not be accepted until after July 1, 2010.
Changes to Processing of Applications for Returning Resident Status
Friday, July 2nd, 2010Changes to Processing of Applications for Returning Resident Status
“9 FAM 42.22 Notes has been updated to provide guidance on the processing of applications for special immigrant Returning Resident (SB) visas for lawful permanent resident (LPR) aliens who were unable to return to the United States within the validity of their I?551 Permanent Resident Card or reentry permit. The guidance covers where applicants are able to file their DS?117 Application to Determine Returning Resident Status, how post should process such applications, and new procedures for the creation of a permanent refusal record for denied DS?117 applications.” DOS, May 2010.
USCIS Proposes to Raise Fees more than 10%
Thursday, June 10th, 2010|
Application/Petition Description |
Current Fees |
Proposed Fees |
Percentage Changed |
| I-90 Application to Replace Permanent Resident Card |
$290 |
$365 |
25.86% |
| I-102 Application for Replacement/Initial Nonimmigrant Arrival-Departure Document |
$320 |
$330 |
3.13% |
| I-129 Petition for a Nonimmigrant worker |
$320 |
$325 |
1.56% |
| I-129F Petition for Alien Fiance(e) |
$455 |
$340 |
-25.27% |
| I-130 Petition for Alien Relative |
$355 |
$420 |
18.31% |
| I-131 Application for Travel Document |
$305 |
$360 |
18.03% |
| I-140 Immigrant Petition for Alien Worker |
$475 |
$580 |
22.11% |
| I-290B Notice of Appeal or Motion |
$585 |
$630 |
7.69% |
| I-360 Petition for Amerasian, Widow(er) or Special Immigrant |
$375 |
$405 |
8.00% |
| I-485 Application to Register Permanent Residence or Adjust Status |
$930 |
$985 |
5.91% |
| I-526 Immigrant Petition by Alien Entrepreneur |
$1,435 |
$1,500 |
4.53% |
| I-539 Application to Extend/Change Nonimmigrant Status |
$300 |
290 |
-3.33% |
| I-600/600A Orphan Petitions |
$670 |
$720 |
7.46% |
| I-687 Application for Status as a Temporary Resident |
$710 |
$1,130 |
59.15% |
| I-690 Application for Waiver on Grounds of Inadmissibility |
$185 |
$200 |
8.11% |
| I-694 Notice of Appeal of Decision |
$545 |
$755 |
38.53% |
| I-698 Application to Adjust Status From Temporary to Permanent Resident |
$1,370 |
$1,020 |
-25.55% |
| I-751 Petition to Remove Conditions on Residence |
$465 |
$505 |
8.60% |
| I-765 Application for Employment Authorization |
$340 |
$380 |
11.76% |
| I-817 Application for Family Unity Benefits |
$440 |
$435 |
-1.14% |
| I-824 Application for Action on an Approved Application or Petition |
$340 |
$405 |
19.12% |
| I-829 Petition by Entrepreneur to Remove Conditions |
$2,850 |
$3,750 |
31.58% |
| Civil Surgeon Designation |
0 |
$615 |
* |
| I-924 Application for Regional Center Under the Immigrant Investor Pilot Program |
0 |
$6,230 |
* |
| N-300 Application to File Declaration of Intention |
$235 |
$250 |
6.38% |
| N-336 Request for Hearing on a Decision in Naturalization Proceedings |
$605 |
$650 |
7.44% |
| N-400 Application for Naturalization |
$595 |
$595 |
0.00% |
| N-470 Application to Preserve Residence for Naturalization Purposes |
$305 |
$330 |
8.20% |
| N-565 Application for Replacement Naturalization/Citizenship Document |
$380 |
$345 |
-9.21% |
| N-600/N-600K Naturalization Certificate Applications |
$460 |
600 |
30.43% |
| Waiver Forms (I-191, I-192, I-193, I-212, I-601, I-612) |
$545 |
$585 |
7.34% |
| Immigrant Visa |
$0 |
$165 |
* |
| Biometric Services |
$80 |
$85 |
6.25% |
DOS Raises Fees for Consular Services
Friday, May 21st, 2010DOS Interim Final Rule: Schedule of Fees for Consular Services, Department of State and Overseas Embassies and Consulates
“Effective Date: This interim final rule becomes effective June 4, 2010. Comment date: Written comments must be received on or before July 19, 2010.” Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010.
Nonimmigrant visa and border crossing card application processing fees (per person):
(a) Non-petition-based nonimmigrant visa (except E category) $140
(b) H, L, O, P, Q and R category nonimmigrant visa $150
(c) E category nonimmigrant visa $390
(d) K category nonimmigrant visa $350
(e) Border crossing card—age 15 and over (valid 10 years) $140
(f) Border crossing card—under age 15; for Mexican citizens if parent or guardian has or is applying for a border crossing
card (valid 10 years or until the applicant reaches age 15, whichever is sooner) $14
Green cards are now green again
Wednesday, May 12th, 2010USCIS To Issue Redesigned Green Card
WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) announced today that it has redesigned the Permanent Resident Card – commonly known as the “Green Card” – to incorporate several major new security features. The Green Card redesign is the latest advance in USCIS¿s ongoing efforts to deter immigration fraud. State-of-the-art technology incorporated into the new card prevents counterfeiting, obstructs tampering, and facilitates quick and accurate authentication. Beginning today, USCIS will issue all Green Cards in the new, more secure format.
“Redesigning the Green Card is a major achievement for USCIS,” said Director Alejandro Mayorkas. “The new security technology makes a critical contribution to the integrity of the immigration system.”
The enhanced features will better serve law enforcement, employers, and immigrants, all of whom look to the Green Card as definitive proof of authorization to live and work in the United States. Among the benefits of the redesign: Secure optical media will store biometrics for rapid and reliable identification of the card holder. Holographic images, laser engraved fingerprints, and high resolution micro-images will make the card nearly impossible to reproduce. Tighter integration of the card design with personalized elements will make it difficult to alter the card if stolen. Radio Frequency Identification (RFID) capability will allow Customs and Border Protection officers at ports of entry to read the card from a distance and compare it immediately to file data. Finally, a preprinted return address will enable the easy return of a lost card to USCIS.
In keeping with the Permanent Resident Card’s nickname, it will now be colored green for easy recognition. USCIS will replace Green Cards already in circulation as individuals apply for renewal or replacement.
What travel documents and identification are required for a foreign national or green card holder to enter the U.S.?
Wednesday, April 28th, 2010(From CBP)
ALL persons* traveling by air between the United States and Canada, Mexico, Central and South America, the Caribbean, and Bermuda are required to present a valid passport or Air NEXUS card.
Oral declarations are no longer accepted from U.S., Canadian or Bermudian travelers seeking to enter the U.S. by sea and/or land.
June 1, 2009 – ALL persons* (LPR exceptions below) traveling between the U.S. and Canada, Mexico, Central and South America, the Caribbean, and Bermuda by land or sea (including ferries), will be required to present a valid passport, U.S. passport card, trusted traveler program card (NEXUS, SENTRI or FAST card ) or an Enhanced Driver’s License currently issued only in Washington State, Michigan, New York, and Vermont.
*Lawful permanent residents (LPRs), refugees, and asylees (of the United States) will continue to be able to use their Alien Registration Card (Form I-551), issued by the Department of Homeland Security (DHS), or the Travel Document issued to those with refugee or asylee status to apply for entry to the United States. LPR’s may still need to present a passport for entry into a foreign destination. For this reason airlines may deny boarding to LPR’s traveling without a passport. NOTE: You may want to contact the airlines prior to traveling to confirm their documentation requirements.
A foreign national or alien entering the U.S. is generally required to present a passport and valid visa issued by a U.S. Consular Official, unless they are a citizen of a country eligible for the Visa Waiver Program, or are a lawful permanent resident of the U.S. or a citizen of Canada. The Visa Waiver Program allows foreign nationals from certain countries to be admitted to the U.S. under limited conditions and for a limited time without obtaining a visa. The foreign national must arrive on an approved carrier (if coming by air or sea), staying no more than 90 days, for pleasure/medical purposes, and be able to prove they are not inadmissible. The foreign national is still required to have a passport. To obtain a list of countries eligible for the Visa Waiver Program, please reference the Department of State Web site.
Foreign nationals that are lawful permanent residents of the U.S. must present a Permanent Resident Card (”Green Card”, INS Form I-551), a Reentry Permit (if gone for more than 1 year), or a Returning Resident Visa (if gone for 2 years or more) to reenter the United States. U.S. LPRs are not required by the U.S. to have a passport for travel within the Western Hemisphere, although most foreign destinations will require you to have one to enter their country. (LPRs that are out of the U.S. for more than 180 days are subject to new immigrant inspection procedures as per 8 USC 1101.)
Foreign nationals that have applied for permanent residency or a change of status may need to be approved for advance parole in order to be readmitted to the U.S. after traveling abroad.
Canadians coming as a Treaty Trader, classification E are required to have a visa to enter the U.S.
A visa and passport are not required of a Mexican national who is in possession of a Form DSP-150, B-1/B-2 Visa and Border Crossing Card, containing a machine-readable biometric identifier, issued by the Department of State and is applying for admission as a temporary visitor for business or pleasure from contiguous territory by land or sea.
Continuing students who are going to travel outside of the United States must see their foreign student advisor and obtain an endorsement from the DSO or RO. The endorsement will be made on page 3 of the SEVIS Form I-20 or page 1 of the DS-2019. When returning to the United States, a continuing student/exchange visitor must present a valid SEVIS Form I-20 or DS-2019 with the DSO or RO signature showing that the student is active and in good standing with the school or program.
If you are traveling with children, you should also see our Q&A titled: Traveling with children, documents, paperwork, and identification. For more information on how to obtain a nonimmigrant visa, contact the Department of State. Be aware, the Department of State can authorize travel to the U.S., however, a visa does not guarantee that you will be allowed to enter the U.S. CBP has the authority to grant or deny your admission to the United States. U.S. Citizenship and Immigration Services determine how long you may stay in the United States and whether or not you may extend your stay. You may contact them at 1-800-375-5283.
I did not turn in my I-94 when I left the U.S., what should I do? (From CBP)
Wednesday, April 28th, 2010If you returned home with your Form I-94 (white) or Form I-94W (green) Departure Record in your passport, it is possible that your departure was not recorded properly.
If you departed by a commercial air or sea carrier (airlines or cruise ships), your departure from the U.S. can be independently verified, and it is not necessary to take any further action, although holding on to your outbound (from the U.S.) boarding pass – if you still have it – can help expedite your reentry next time you come back to the United States.
If you departed by land, private vessel or private plane, you will need to take steps to correct the record. If you do not validate your timely departure from the United States, or, if you cannot reasonably prove you departed within the time frame given to you when you entered, the next time you apply for admission to the U.S., Customs and Border Protection (CBP) may conclude you remained in the U.S. beyond your authorized stay. If this happens, your visa may be subject to cancellation or you may be returned immediately to your foreign point of origin.
Under the Visa Waiver Program (VWP), visitors who remain beyond their permitted stay in the United States cannot reenter the U.S. in the future without obtaining a visa from a U.S. Consulate. So if you are a Visa Waiver Program visitor who traveled by land to either Canada or Mexico for an onward flight, it is particularly important for you to register your timely departure if your green I-94W was not taken when you exited the U.S. If you fail to do so and you arrive at a U.S. port of entry seeking admission under the Visa Waiver Program without a visa, CBP Officers may order your immediate return to a foreign point of origin. If you are a VWP visitor and you left the U.S. by an air or sea carrier, you don’t need to worry.
If you failed to turn in your I-94 Departure Record, please send it, along with any documentation that proves you left the United States to:
DHS – CBP SBU
1084 South Laurel Road
London, KY 40744
Do not mail your Form I-94 Departure Record or supporting information to any U.S. Consulate or Embassy, to any other CBP Office in the United States, or to any address other than the one above. Only at this location are we able to make the necessary corrections to CBP records to prevent inconvenience to you in the future. The London, Kentucky office does not answer correspondence, so please do not ask for confirmation that your record has been updated.
To validate departure, CBP will consider a variety of information, including but not limited to:
•Original boarding passes you used to depart another country, such as Canada, if you flew home from there;
•Photocopies of entry or departure stamps in your passport indicating entry to another country after you departed the United States (you should copy all passport pages that are not completely blank, and include the biographical page containing your photograph); and
•Photocopies of other supporting evidence, such as:
•Dated pay slips or vouchers from your employer to indicate you worked in another country after you departed the United States,
•Dated bank records showing transactions to indicate you were in another country after you left the United States,
•School records showing attendance at a school outside the United States to indicate you were in another country after you left the United States, and
•Dated credit card receipts, showing your name, but, the credit card number deleted, for purchases made after you left the United States to indicate you were in another country after leaving the United States.
To assist us in understanding the situation and correct your records quickly, please include an explanation letter in English. Your statement will not be acceptable without supporting evidence such as noted above. You must mail legible copies or original materials where possible. If you send original materials, you should retain a copy. CBP cannot return original materials after processing.
We strongly urge you to keep a copy of what you send to DHS-CBP and carry it with you the next time you come to the United States in case the CBP Officer has any questions about your eligibility to enter. Carrying those materials with you will also allow your record to be corrected at the time of entry if, for some reason, the London, Kentucky office has not yet done so.
If taking short trips (30 days or less) to Canada, Mexico, or the Caribbean Islands during the course of your visit to the U.S., hold onto your I-94 or I-94 (W); it should only be turned in when you leave the U.S. to return home.
Delays beyond the traveler’s control, such as cancelled or delayed flights, medical emergencies requiring a doctor’s care, etc. are not considered unauthorized overstays, however, you will need to bring proof of the cause of your overstay next time you travel to the U.S. in order for it to be forgiven. For airline delays, ask the airline for a letter affirming the delay or a copy of your cancelled boarding pass.
What to do if you are delayed by the Icelandic Volcano Eruption
Tuesday, April 20th, 2010Travel Advisory: Delays Due to Icelandic Volcano Eruption
(04/17/2010)If you or someone you know is stranded in the United States because of the airport closures in Europe due to the Icelandic volcano eruption and is about to exceed their authorized stay as a direct result of these closures, there are two avenues for relief:
If the traveler is at the airport and traveling under the Visa Waiver Program (VWP) and unable to depart timely, as a result of airport closures or flight delays/cancellations, travelers should:
1. Contact the U.S. Customs and Border Protection (CBP) office at the airport or;
2. Contact the U.S. Citizenship and Immigration Services (USCIS) office.
Both agencies have provided staff with guidance on the applicable legal authorities under the VWP in circumstances such as these.
If persons are traveling under a visa, they should contact the nearest USCIS office and follow the instructions at the following link: ( USCIS – Extend My Stay )
While this link recommends initiating the process 45 days in advance, USCIS is providing guidance on how to handle these cases over this weekend.
Effect of Adam Walsh Act on immigration
Wednesday, April 14th, 2010Neufeld memo on Adam Walsh Act
“The purpose of this memorandum is to transmit a Standard Operating Procedure (SOP) module for the adjudication of Forms 1-129F and 1-130 under the Adam Walsh Child Protection and Safety Act of2006 (”AWA”). The AWA prohibits U.S. citizens and lawful permanent residents who have been convicted of any “specified offense against a minor” from filing a family based immigrant petition on behalf of any beneficiary. This memorandum also serves to clarify and amend two provisions of the February 8, 2007, Interoffice Memorandum (HQDOMO 70/I-P) titled Guidance for Adjudication of Family-Based Petitions and 1-129F Petition for Alien Fiance(e) under the Adam Walsh Child Protection and Safety Act of 2006.” USCIS, Sept. 24, 2008.
