General – uscitizenship https://www.uscitizenship.info/articles Just another WordPress site Wed, 08 Nov 2017 13:41:26 +0000 en-US hourly 1 https://wordpress.org/?v=4.8 How to Find Out Immigration Status? https://www.uscitizenship.info/articles/how-to-find-out-immigration-status/ https://www.uscitizenship.info/articles/how-to-find-out-immigration-status/#respond Thu, 20 Feb 2014 08:25:58 +0000 http://seo-articles.unitedimmigrationinc.com/usc/articles/?page_id=6005 How to Find Out Immigration Status?The United States Citizenship and Immigration Services (USCIS) keeps the immigration records of immigrants in the U.S. Some—but not all—of these records are made available under the Freedom of Information and Privacy Act (FOIA), which you can use to get a person’s immigration file from the USCIS. But you’ll need to get permission from that person first.

To get immigration information about an immigrant, you need to file Form G-639, Freedom of Information and Privacy Act (FOIA) Request, with the USCIS. You can get this form on the USCIS website or by calling the USCIS Forms Request Line at (800) 870-3676.

You can either complete the form by hand or fill it out on a computer and then print it out. You must fill it out completely and give all the information that is required.

Form G-639: Step-by-Step Instructions

You fill out all five parts of the form:

1. You must check the box next to the statement that applies to you—whether you are a U.S. citizen or lawful permanent resident (green card holder). You must also say whether you’re asking to see your own records or someone else’s. If you check the box next to “Other,” you must fill in the required information in the space that is provided.

2. You need to describe the records you’re asking for. You don’t have to answer all the questions in this section. But you need to give the information that the USCIS needs or your request will be delayed. Check the box next to “Complete Alien File” if you want to see the complete immigration file. If you need some other information, check the box beside “Other” and explain the purpose of your request.

3. If you are filing Form G-639 to see the immigration records of someone besides you, that person must fill out this part of the form.

4. Enter the name, address, contact number, email address, date of birth and place of birth of the person who’s information you want to see.

5. Sign the form and agree to pay the costs for getting the information. You will also have to enter your name, address, telephone number and birth date if you are asking to see the records of someone besides you.

Form Filing Fee

Don’t pay the filing fee until the USCIS tells you to. You can pay the fee with a money order or a check. Do NOT send cash.

Supporting Documents

Your application packet has to include some supporting documents. The USCIS could ask you for additional documents with a Request for Evidence (RFE). You would need to follow the instructions on the RFE and send the additional documents. To prevent delays, you should respond to the RFE as soon as possible.

Where to File Your Form

There are four ways to file your form.

Email: uscis.foia@uscis.dhs.gov

Fax: to (816) 350-5785.

Regular mail:

National Records Center (NRC)

FOIA/PA Office, P.O. Box 648010

Lee’s Summit, MO 64064-8010

Overnight or certified mail:

U.S. Citizenship and Immigration Services

National Records Center, FOIA/PA Office

150 Space Center Loop, Suite 300

Lee’s Summit, MO 64064-2139

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How to Complete Form I-130? https://www.uscitizenship.info/articles/how-to-complete-form-i-130/ https://www.uscitizenship.info/articles/how-to-complete-form-i-130/#respond Fri, 27 Sep 2013 11:34:04 +0000 http://seo-articles.unitedimmigrationinc.com/usc/articles/?page_id=5979 How to Complete Form I-130?

If you are a US citizen or a permanent resident and if you seek to bring your family member to the United States, you can do so by sponsoring that relative for lawful status in the country. To sponsor a family member and get him/her a Green Card, you will have to start the application process by filing Form I-130, Petition for Alien Relative. This form along with the required fee and supporting documents must be filed with the USCIS.

If you are a US citizen, you can petition for your spouse, child, parents and for your siblings. But a Green Card holder can file this form only for his/her spouse and children and not for other family members. Form I-130 must be filed by the sponsor to establish that a family relationship exists between him/her and the beneficiary. You need to file separate applications for each family member who seeks to become a Green Card holder and who you wish to sponsor.

This form includes 6 parts, A to F and all these parts must be completed. However, you can write N/A beside a question or an option that does not apply to you. The following instructions will help you to easily complete the form and remember that you can complete Form I-130, Petition for Alien Relative, online.

Part A

Information about the relationship between you and the beneficiary, the family member who you seek to sponsor must be entered in the first part. Under Section A, you need to check the box beside the option that best describes the relationship between you and the beneficiary. For example, if you are filing Form I-130 for your spouse to get him/her a Green Card, you will have to check the box beside “spouse”.

Part B

Personal information about you including your name, address, birth date and place of birth, must be provided in this section. You will have to enter your Social Security number, Alien Registration Number and the name(s) of your spouse(s), in the spaces that have been provided. If you are a US citizen, you will have to answer the 13th question and the other 12 questions. Permanent residents must answer the 14th question along with the other questions and leave out the 13th question.

Part C

This part covers information about your relative who is seeking permanent resident status in the United States. Personal information about the beneficiary must be provided. Questions 13 through 16 require information about the beneficiary’s previous trips to the United States. If your relative is currently in America, you need to answer question 14. If your relative was placed in immigration proceedings, information about it must be provided.

You need to provide more information about the relative and you will have to list the names of the beneficiary’s spouse and children, if applicable. Followed by that you will have to enter the address in America where your relative will live. Your relative’s permanent address also must be provided. Complete questions 21 and 22 if those questions apply to your relative.

Part D

If you are filing immigrant petitions for more than one family member, you need to provide information about the other relatives you are sponsoring in this part. The names of the other relatives you are sponsoring and your relationship with them, must be listed in this part. For example, if you are filing Form I-130 for your spouse and your parent, at the same time, you need to provide information about your parent in the form you file for your spouse and vice versa.  If you have signed Form I-130 for some other relative in the past, you need to provide information about that relative as well.

Part E

This is where you must affix your signature. Prior to signing, you will have to read the “Warning” and “Your Certification” above this part.

Part F

If this petition was completed by someone else on your behalf, the person who completed the form for you must sign here. The name of the person who completed must be entered in this part.

After completing the petition, you must check the application at least once to make sure that you have not left out information or left spaces blank. You also need to make sure that there are no errors.

 

 

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How to Complete Form I-485? https://www.uscitizenship.info/articles/how-to-complete-form-i-485/ https://www.uscitizenship.info/articles/how-to-complete-form-i-485/#respond Fri, 20 Sep 2013 11:20:20 +0000 http://seo-articles.unitedimmigrationinc.com/usc/articles/?page_id=5964 According to the Immigration and Nationality Act (INA), a non-immigrant can change his/her temporary status to permanent resident status, if he/she meets all the requirements for a US Green Card, in a particular category. This process, of adjusting non-immigrant status to permanent resident status, is known as adjustment of status. Form I-485 must be filed by a non-immigrant living in the United States who seeks to adjust his status to permanent resident status.

You have two options to file this form.You can either file the paper form or file Form I-485, Application to Register Permanent Residence or Adjust Status online. There are 6 pages in this form and all these pages must be completed. Completing this form is pretty simple.

This form requires personal information about the applicant and information about his identity. The answers the applicant provides will help the immigration officers to determine that the applicant is admissible into the country. The following instructions will help you to easily complete the application for adjustment of status.

Part 1 – Information About You

Personal information about you must be provided in the first part of Form I-485. You need to give your permanent address. See to it that you enter your name and your birth date in the correct format. “Date of Last Arrival” is the date on which you entered into the United States. This refers to your most recent entry into the country.

You can find the I-94 Number on your Form I-94, Arrival/Departure record, issued by the Customs and Border Protection. Your Current USCIS Status, is your current status in the country. For example, if you hold a student visa, you are a student. Remember that, if you have overstayed your non-immigrant visa and if you are currently out of status, you cannot adjust your status. Provide your Social Security number and your Alien Registration number, if you have one.

Part 2 – Application Type

The reason why you are filing this form must be entered in the second part of this form. There are 10 options in this part. You need to check the box beside the option that applies to you.

In case you are applying for adjustment of status based on family sponsorship and if a visa number is available, you need to check box “a”.

Part 3 – Processing Information

You need to provide information that is needed to process this form. In Section A, you will have to enter the names of your parents, your occupation, your visa number, the date on which a non-immigrant visa was issued to you and your name as it appears on your arrival/departure record. This part of the form is self-explanatory.

In the next section, Section B, under Part 3, information about your marriage(s) must be provided. You must enter the names of your spouse and children and their birth dates. You need to provide information about all your children and your spouse, even if they are not immigrating with you.

Questions in Section C are to make sure that you are not connected to any criminal organization. If you are/were a member of any organization, make sure that you list the name of the organization in which you are/were a member, in the space that has been provided.

Followed by that, there are 18 questions. You need to check the appropriate box beside those questions. If your answer to any of those questions is “yes”, you need to provide explanation and you need to do this on a separate sheet of paper. Do not try to conceal information and do not provide false information. This will lead to the denial of your petition.

Part 4 – Accommodations for Individuals With Disabilities and/or Impairments

This part of the application is meant for the applicants with disabilities or impairments. The ones who need special accommodations for their interview, need to fill out this part of the form. For example, applicants who are deaf, can request sign-language interpreters. Applicants need to explain what kind of accommodation they need.

Part 5 – Signature

This is the last part of the application where you need to affix your signature. If you had sought the help of an interpreter to fill out this form, the interpreter will also have to sign the form. If the form was completed by someone else on your behalf, the person who completed the form must complete Part 6 and affix his/her signature.

After you complete the application, you may go through it once to ensure that there are no errors and that you have provided all the required information.

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How to Get a Permit to Work in the US? https://www.uscitizenship.info/articles/how-to-get-a-permit-to-work-in-the-us/ https://www.uscitizenship.info/articles/how-to-get-a-permit-to-work-in-the-us/#respond Fri, 13 Sep 2013 09:31:32 +0000 http://seo-articles.unitedimmigrationinc.com/usc/articles/?page_id=5953 Employment Authorization Document (EAD)

To work in the United States, you need to be legally authorized to work here. You must be a US citizen or a permanent resident to legally work in the country. If not, you need to obtain an Employment Authorization Document (EAD) to work here. This document will help you to establish that you are authorized to accept employment in the United States. An EAD card is the permit that you need to obtain to work in the United States.

Foreign nationals need to be authorized to work in the United States. Likewise, US employers will hire employees only after ensuring that they are authorized to work in the country. A US work permit, an Employment Authorization Document, is issued by the USCIS. This proves that the holder of this card is authorized to work in America. EAD cards issued by the USCIS are renewable and these permits are granted for a one year period. To get an Employment Authorization Document, Form I-765, Application for Employment Authorization must be filed.

Who is Eligible for an Employment Authorization Document?

You can get a work permit if your non-immigrant status authorizes you to work in the United States. You can get this document if your non-immigrant visa authorizes you to work for a specific employer in America. Non-immigrants who belong to a category that requires them to get permits to work in the country also can get EAD cards.

People who have been granted asylum or refugee status in the United States will have to obtain work permits to work in the United States. This applies to the ones whose adjustment of status applications are pending. Individuals applying for temporary protected status need to get EADs. Fiancé(e)s of US citizens also need to obtain work permits to work in the country.

US citizens and Green Card holders need not obtain these documents to work here. Green Cards issued to the permanent residents prove that they can work legally in the country.

How Do I Apply for an EAD Card?

To get an EAD, you need to file Form I-765, Application for Employment Authorization, with few supporting documents and the form filing fee, with the USCIS. You can file Form I-765 to get a US work permit online and you need to check if your category is eligible for online filing, prior to filing. If you file online, you will have to send the supporting documents to the address that is printed on the receipt notice that you receive after filing your form. If you file this form online, you will receive an application receipt notice soon after you submit your application along with the required fee.

In case you are ineligible for online filing, you can file the paper Form I-765. If you file the paper form at a USCIS Lockbox facility, you can file Form G-1145, E-Notification of Application/Petition Acceptance, to receive a notification when the USCIS accepts your form. You can send all the supporting documents along with your application to the right USCIS Lockbox facility.

 

Supporting Documents

  • Copy of Form I-94, Arrival/Departure record.
  • Copies of previous EADs, if any.
  • Copy of your passport with your picture, name, and date of birth.
  • 2 photos. You need not submit paper photographs if you file this form online and you can submit digital photographs.
  • Other supporting documents to establish that you are eligible for an EAD, based on your category.

Filing Fee

The form filing fee for Form I-765 is $380. If you file this form online, you can pay the fee online using your credit or debit card to pay the fee. If you are filing the paper application, you need to pay the filing fee through a check or a money order.

If you are filing this form along with your application for deferred action, you cannot file this form online. You can only file the paper application. In this case, your application must accompany the form filing fee of $380 and an $85 biometric services fee. A total of $465 must be paid, if you are filing Form I-485 along with Form I-821D.

Only the applicants applying for deferred action status must pay the biometrics fee along with the form filing fee. Applicants who belong to other employment categories need not pay the biometrics fee.

After filing Form I-765

A receipt notice, with a unique receipt number, will be mailed to you after the USCIS receives your petition. This number is your case number. This receipt will also include information about the Form I-765 processing time and the USCIS takes around 3 months to process these applications. You can use the case number that is printed on your receipt notice to check your case status.

After the approval of your petition, you will be issued a plastic EAD card. This card will either be sent to you by mail or you will be required to collect it from the local USCIS office. The date of expiration of the card will be printed on the card.

If your application is rejected for some reason, you will be sent a written notice with reasons for denial.

Concurrent Filing

Form I-765 can concurrently be filed online with Form I-131. But this applies only to the adjustment of status applicants, who must file the form with the required form filing fee.

Applicants filing Form I-821, Application for Temporary Protected Status, online can file applications for work permits, along with Form I-821. Applicants applying for TPS re-registration alone can file these two forms together.

Who can file Form I-765 Online?

  • Asylees
  • Refugees
  • Paroled refugees
  • Asylum applicants
  • Citizens of Micronesia/Marshall Islands or Palau
  • People applying for Temporary Protected Status (TPS) or for TPS Re-registration.
  • Dependents of TECRO E-1 Nonimmigrant (CCNAA Member)
  • Foreign Students applying for Pre-Completion or Post-Completion OPT 12 Months or for 17-Month STEM Extension
  • F-1 Student who have been offered or who are seeking off-campus employment
  • J-2 Spouses or Minor Children of Exchange Visitors
  • M-1 Students Seeking Practical Training
  • B-1 Domestic Employees of non-immigrants
  • B-1 Domestic employees of certain US citizens
  • Spouse of E-1 or E-2 and L1 Non-immigrants
  • K-1 or K2 visa holders
  • Aliens Admitted (N-8 or N-9)
  • People granted withholding of deportation/243 (H)
  • Applicant for suspension of deportation
  • Public interest parolees

Who must file the paper Form I-765?

  • People applying for fee waivers must file the paper form.
  • People applying for deferred action status.
  • Applicants filing to correct data on their EAD cards due to USCIS administrative errors.
  • Applicants who are eligible for NACARA relief
  • Dependents of A-1 or A-2 Foreign Government Officials
  • Dependents of G-1, G-3 or G-4 Non-immigrants
  • NATO Dependents
  • Spouses of E-2 CNMI investors
  • K-3 non-immigrant spouses of US citizens or K-4 dependents
  • V-1, 2 or 3 Non-immigrants
  • Applicants Who Have Filed for Adjustment of Status and who are not required to pay the Form I-765 filing fee
  • T-1 non-immigrants
  • U-1 Non-immigrants
  • U-2, U-3, U-4, or U-5 non-immigrants
  • VAWA self petitioners
  • Deferred action applicants

 

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What is a Travel Document? https://www.uscitizenship.info/articles/what-is-a-travel-document/ https://www.uscitizenship.info/articles/what-is-a-travel-document/#respond Mon, 15 Jul 2013 12:42:39 +0000 http://seo-articles.unitedimmigrationinc.com/usc/articles/?page_id=5751 Travel DocumentTravel documents are identification documents issued by the American government. These documents will help the individuals in America to travel abroad and to return to the United States. A passport is the most common travel document. But US passports are meant only for citizens of the United States.

United States does not prevent permanent residents and refugees from traveling abroad and so it issues them travel documents that permit them to get back to the United States after international travel. Hence, immigrants in America can obtain travel documents and travel abroad and get back to the United States. To get those documents, they need to file Form I-131, Application for Travel Document. There are three types of travel documents:

  • Advance Parole
  • Refugee Travel Document
  • Re-Entry Permit

Advance Parole

Advance parole documents are meant for immigrants who have filed Form I-485 for adjustment of status with the USCIS. Immigrants whose adjustment of status petitions are pending, will be permitted to travel abroad in certain circumstances. To travel abroad these immigrants must obtain advance parole documents. These documents will permit them to re-enter the United States.

These immigrants, to re-enter the United States need not obtain visas but they cannot apply for these travel documents while abroad. They can only file Form I-131, Application for Travel Document, while in America. Their petitions must be approved by the USCIS and they need to obtain these documents prior to leaving the country. If they fail to obtain these documents prior to leaving America, they may not be able to re-enter the country.

This advance parole document will authorize the temporary parole of an immigrant into the United States. Airlines will accept these documents instead of visas. But we need to remember that these documents do not replace passports.

If you are a foreign national and if you need to travel abroad while Form I-485 for adjustment of status is pending, you can apply for an advance parole document by filing Form I-131. If you travel abroad with this document, your petition for adjustment of status will not be denied by the USCIS. But remember that your Form I-485 will be denied if you leave the country without an advance parole document.

Advance Parole for Asylees

Similar to the immigrants, asylees are also permitted to travel abroad while Form I-589, Application for Asylum and for Withholding of Removal, filed by them are pending. Asylees who have not received a final decision from the USCIS can travel abroad with advance parole documents. If you are an asylee and if you seek to travel abroad temporarily and re-enter America, you will have to file Form I-131 and get an advance parole document. If not, your Form I-589 will be rejected.

Re-Entry Permit

Re-entry permits are for permanent residents and conditional residents who seek to travel abroad for a year or more. Though the permanent residents can travel abroad, there are few limitations; they cannot travel abroad for more than a year with their Green Cards. They may not be permitted to re-enter the country if they stay in foreign countries for an extended period of time.

Hence, permanent residents who seek to travel abroad for a prolonged period of time, must obtain re-entry permits before leaving the United States. If you hold a US Green Card and if you seek to remain in a foreign country for more than a year but less than two years, you can do so by obtaining a re-entry permit.

This permit will help you to avoid the risk of not being permitted to re-enter the United States. You can use this permit like a passport, if you are unable to get a passport from your home country.

It must be remembered that refugee travel documents and re-entry permits are both different. Refugee travel documents are meant for foreign nationals who have been granted refugee status or asylum in America.

Re-entry permits are generally valid for two years and the permanent residents and conditional residents must return to America prior to the expiration of these permits. If they fail to get back to the country within two years, they will have to obtain returning resident visas from overseas consulates to travel to America.

Refugee Travel Document

Refugee travel documents are issued to people who have been granted asylum or refugee status in America. These documents are also issued to permanent residents who were once refugees or asylees. Refugees and asylees can travel abroad and they need to hold refugee travel documents to re-enter the United States. This also applies to the derivative refugees and asylees. Asylees and refugees who fail to obtain these documents prior to leaving the country, may not be able to return to America and may be placed in removal proceedings.

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Form I-821D Instructions for Filing Deferred Action https://www.uscitizenship.info/articles/form-i-821d-instructions-for-filing-deferred-action/ https://www.uscitizenship.info/articles/form-i-821d-instructions-for-filing-deferred-action/#respond Tue, 18 Jun 2013 09:49:07 +0000 http://seo-articles.unitedimmigrationinc.com/usc/articles/?page_id=5396 President Obama’s deferred action program has now turned one and this program is meant for the undocumented youth who entered into the country as minors. Form I-821D is the USCIS form that must be filed by the undocumented youth who are eligible for deferred action status.

Forms to Request Deferred Action

The application filing process involves few different steps and the following forms must be filed.

Even if you are not interested in working in America while in the country in this temporary status, you will have to file an application for an employment authorization document. These three forms must be filed along with some supporting documents. The form filing fee of $465 also must accompany the application package. Remember that, you need to carefully complete your application and all common human errors must be avoided. You can complete Form I-821D, Consideration of Deferred Action for Childhood Arrivals, online as the step by step instructions will help you to avoid errors and to successfully complete your petition. Carefully go through the form filing instructions as the instructions will help you to complete and file your petition.

Review Age Guidelines

Prior to filing your application for deferred action status, review the eligibility requirements and ensure that you are not below age 15 and above age 31. That is because unauthorized residents below and above ages 15 and 31, cannot apply for deferred action. Similarly, to qualify, you must establish that you have never been placed in removal proceedings.

Complete and Sign the Forms

You will have to enter personal information about yourself in Form I-821D and in Form I-765 and see to that you enter your name and date of birth in the same format in both the forms. Unsigned forms will not be accepted and many applications are rejected by the USCIS as the applicants fail to affix their signatures, prior to filing their forms. Make sure that you do not do this mistake and soon after you complete your petition, review your application once and affix your signature. Remember that, you must sign both the forms in the designated boxes. Answer all the questions and don’t forget to enter your name, date of birth, your address and your eligibility category. You must not leave the date fields blank and you may write “not applicable” beside an item that does not apply to you.

Know the Difference I-821D and Form I-821

You also need to ensure that you are completing the current version of the form as the USCIS quite often updates the forms. The most recent version of Form I-821D and Form I-756 must be filed. Likewise, some applicants fail to understand the difference between Form I-821 and Form I-821D. Form I-821D must be filed by the undocumented youth to request consideration for DACA and Form I-821 must be filed by the foreign nationals who seek to obtain Temporary Protected Status in America.

Fee Waivers

Fee waivers will be granted only in certain circumstances and you need to mail your application with the right fee. If you require a fee waiver, you need to file an application for a fee waiver and until the USCIS accepts your request, you must not file your application for deferred action without the fee.

Supporting Documents

Applications that do not accompany the required supporting documents will not be considered and only the documentary evidence that you submit along with your application for deferred action will help the USCIS officers to make sure that you are eligible for this temporary status. Hence, you must collect and mail all the relevant supporting documents along with your form I-821D, without fail.

File Your Completed Form

Applications for deferred action and employment authorization documents cannot be filed electronically and you need to mail the application package that includes Form I-821D, Form I-765 and Form I-765WS, to the right USCIS Lockbox. However, you can complete these forms online. Prior to filing your form, review the forms that you have completed and your application package. Make sure that your application package includes Form I-821D, Form I-756, Form I-765WS, supporting documents and the form filing fee.

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What is Temporary Protected Status? https://www.uscitizenship.info/articles/what-is-temporary-protected-status/ https://www.uscitizenship.info/articles/what-is-temporary-protected-status/#respond Fri, 07 Jun 2013 07:20:22 +0000 http://seo-articles.unitedimmigrationinc.com/usc/articles/?page_id=5209 What is Temporary Protected Status?Temporary Protected Status (TPS) is a blanket status that the United States grants the citizens of certain designated foreign countries. The Secretary of Homeland Security designates certain countries that have experienced major disruptions, for TPS and grants the citizens of such countries temporary immigration status. Haiti, El Salvador, Honduras, Somalia, Syria and Sudan are some countries that have been designated for TPS. TPS is meant for foreign nationals who are temporarily prevented from returning to their home countries due to safety concerns. Temporary Protected Status is not amnesty and people who have been granted TPS will not automatically become eligible for lawful permanent resident status or for US citizenship.

To apply for TPS, Form I-821, Application for Temporary Protected Status along with Form I-765, Application for Employment Authorization must be filed. Even if the applicants do not want to work in the United States, applications for US work permits must be filed. All the applications must accompany the required form filing fees. If the applicants cannot afford the form filing fees, they can establish they are unable to pay the fees and request fee waivers. Nevertheless, not all the applicants will be granted TPS and applicants who have been convicted of crimes will not be granted TPS. USCIS will grant TPS to the eligible foreign nationals who are already in the United States and to the stateless individuals who were living in designated countries.

This immigration policy of the United States helps countries in distress and countries that experience major disruptions such as civil wars and environmental disasters will be designated for TPS. Few other temporary conditions also would be considered while designating countries for TPS. During a designated period, citizens of designated countries will not be subject to deportation. Such individuals can obtain employment authorization documents and work in America and they can also obtain travel documents. A foreign national who has been granted TPS will not be detained or removed from the country by the DHS but TPS is only a temporary immigration status that may not lead to US citizenship or for permanent resident status.

Nevertheless, TPS beneficiaries will not be prevented from applying for non-immigrant visas or from filing applications for adjustment of status. Likewise, they can also apply for other immigration benefits for which they are eligible. TPS applications will not affect applications for other immigration benefits and for asylum. Foreign nationals can apply for TPS even if their applications for asylum are denied by the USCIS. TPS may not encourage new waves of refugees and to become eligible for TPS, applicants need to establish that they were present in the country on a specified date. Similarly, immigrants must apply for TPS during the registration period and they may not be able to apply for it, if they miss the registration period.

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Provisional Residency https://www.uscitizenship.info/articles/provisional-residency/ https://www.uscitizenship.info/articles/provisional-residency/#respond Thu, 06 Jun 2013 07:00:53 +0000 http://seo-articles.unitedimmigrationinc.com/usc/articles/?page_id=5184 Provisional ResidencyThe Senate immigration reform bill includes a legalization provision and it would grant the country’s undocumented residents provisional residency. This bill would create a new status, the Registered Provisional Immigrant (RPI) status and after the legislation of the Gang of Eight is signed into law, undocumented immigrants could apply for this status. This status would be meant for the undocumented immigrants who entered into America before 1st January 2012. Undocumented immigrants to become eligible for this temporary status must establish that they have maintained continuous physical presence in America. Nevertheless, brief departures may not affect their applications for RPI status.

Undocumented immigrants to become eligible for this status need to meet a variety of eligibility requirements and they need to pay off their back taxes. They need to pay fines and establish by submitting verifiable documentation that they are eligible for lawful status in the United States. This status would be good for six years and the Registered Provisional Immigrants can renew their status at the end of the six year period and continue to live in the country. During that six year period, undocumented immigrants could legally work in America and live there with their families. Provisional residency would also permit them to travel abroad freely and re-enter the country.

Moreover, immigrants who apply for RPI status could include their spouses and children in their applications and their immediate relatives would become eligible for derivative status. Nevertheless, immediate relatives must meet all the requirements and establish that they entered the country before 31st December, 2011. If they are eligible, they would also be granted provisional residency on the date the primary applicants are granted provisional residency. Immigrants could renew this status and at the time of applying for renewal they would be required to establish that their income is above the poverty line and that they have not been convicted of crimes. Residents in this status, would be permitted to apply for Green Cards but they need to wait for ten years to obtain Green Cards. However, this would happen only after the US Department of Homeland Security establishes that it has stiffened border security.

After living in the country for ten years as Registered Provisional Immigrants, these immigrants could apply for permanent resident status and to apply for Green Cards, they need to pay a $1000 penalty. At the same time, they would be required to prove that they know enough about the country’s history and that they are good in English. Finally, immigrants who obtain Green Cards can apply for US citizenship, after three years. As this RPI status is only a temporary status, immigrants in this status would be deported if they are found to violate the country’s immigration laws. Likewise, immigrants who are ineligible for this status would be subject to deportation and this would also apply to the undocumented immigrants who entered the country after 31st December, 2011.

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Provisions for Children in the Immigration Reform Bill https://www.uscitizenship.info/articles/provisions-for-children-in-the-immigration-reform-bill/ https://www.uscitizenship.info/articles/provisions-for-children-in-the-immigration-reform-bill/#respond Fri, 31 May 2013 07:34:47 +0000 http://seo-articles.unitedimmigrationinc.com/usc/articles/?page_id=5067 Children and Immigration Reform BillThe immigration reform bill that was passed by the Senate Judiciary Committee, includes amendments that would keep families together. This bill would prevent children from entering foster care, when their undocumented parents are placed in immigration detention or removed from the country. 25 percent of the US child population comprises of the children of immigrants and so the immigration reform bill must address the needs of such children.

Registered Provisional Immigrant (RPI) Status for Children

Children of undocumented immigrants in America, who were present in the country on 31st December, 2011, would be entitled to derivative status and they would become eligible for RPI status, if their parents apply for RPI status. Even if the applications filed by the parents for RPI status are denied, their children would still remain eligible for this temporary status. Moreover, minor children may not be required to pay penalties and the form filing fees. This would also apply to the undocumented youth below age 21 and they would not be required to pay the form filing fees and penalties. Nevertheless, young children who do not meet the requirements under the DREAM Act, would not be put on a fast track to US citizenship and they need to wait for 13 years to become US citizens.

Provisions for DREAM Act Eligible Students

The immigration bill of the Gang of Eight would provide the DREAM Act eligible students with an expedited 5 year path to US citizenship. To become eligible for the five year expedited path to US citizenship, they must establish that they entered into America before age 16 and that they hold high school degrees or that they have completed four years of military service in America. Similar to the other undocumented immigrants, DREAMers could apply for RPI status and after five years, they could apply for permanent resident status. As soon as they obtain their Green Cards, they could apply for US citizenship and become citizens of the country. This would apply to all the DREAMers who establish that they were minors at the time of entering into the country and there is no upper age cap. DREAMers would not be required to pay penalties but they would not become eligible for federal financial aid. DREAMers who were deported from the country prior to 31st December, 2011 would be permitted to apply for RPI status and re-enter the United States. These DREAMers also could apply for legal status after five years and for US citizenship, immediately after obtaining Green Cards. However, we need to remember that the five year path to US citizenship is meant only for the DREAMers.

The Senate immigration reform bill, under the child welfare system, would reunite the children in America with their parents who were deported from the United States. The bill would also make sure that the parents who are in deportation proceedings are provided assistance in making arrangements for their children before they are removed from the country. This bill would also modify the family immigration system that would help reunite separated families.

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What You Need to Know About Sponsoring Child for Green Card? https://www.uscitizenship.info/articles/what-you-need-to-know-about-sponsoring-child-for-green-card/ https://www.uscitizenship.info/articles/what-you-need-to-know-about-sponsoring-child-for-green-card/#respond Wed, 29 May 2013 09:34:25 +0000 http://seo-articles.unitedimmigrationinc.com/usc/articles/?page_id=5000 Many people in the United States, US citizens and Green Card holders wonder whether they can bring their relatives to the country. Many believe that, if one family member immigrates to the United States and settles there, that member can help the other members of his family to get Green Cards. But this is not true and US citizens and the Green Card holders can sponsor only certain categories of relatives for lawful status in America. A US citizen can sponsor his child, spouse and his parents for legal status and these relatives belong to the immediate relatives category. Likewise, a Green Card holder can sponsor his spouse and unmarried children. But the children and spouses of permanent residents will not be considered immediate relatives and they will be subject to numerical quota limitations. But the children of US citizens will not be put on a waiting list and they will soon be granted immigrant visas. US citizens can also sponsor their married children, but they cannot sponsor their uncles, aunts, grandparents, etc.

A child, according to the US immigration laws is an unmarried person below age 21. Children of US citizens below age 21 belong to the immediate relatives category. Likewise, US citizens can also sponsor their children who are married and who are above age 21. But the married children of US citizens, over the age of 21, will have to wait for years to obtain immigrant visas as such children belong to the family preference category. But the children below age 21 can get immigrant visas sooner.

To sponsor your child for a US Green Card, you being a US citizen, must first file an immigrant petition for your child, with the USCIS. Form I-130, Petition for Alien Relative, is the USCIS form that you must file for your son/daughter, who is below age 21. Form I-130, must be field by you as it is mandatory to establish that a qualifying relationship exists between you and your child, abroad. After the approval of this immigrant petition, USCIS will forward the petition to the US Embassy or Consulate, in your child’s home country. As your child belongs to the immediate relatives category, your child will not be put on a waiting list. Your child will be required to visit the local US Embassy or Consulate to complete the processing for an immigrant visa. After the approval of the petition, your child will be issued an immigrant visa and he/she can travel to the United States and obtain a Green Card and live there permanently, with you.

If your child is in America, then your child can just adjust status to immigrant status by filing Form I-485, Application to Register Permanent Residence or Adjust Status, at the time you file Form I-130 for your child and he/she need not go through Consular Processing. By doing this, your child can obtain a Green Card while in America and need not return to his/her home country to complete the processing for an immigrant visa. Remember that, your married son/daughter who is above age 21 will have to wait until his/her priority date becomes current as married children above age 21 will not fit into the immediate relatives category. If you are a Green Card holder, your child must wait for an immigrant visa number to become available, after the immigrant petition, Form I-130 filed by you is approved by the USCIS. Moreover, Green Card holders cannot sponsor their married sons and daughters for lawful status in America.

Nevertheless, immigration reform is likely to bring few changes and the children and spouses of Green Card holders would be considered immediate relatives, if the immigration reform bill is passed and they may not be subject to numerical quotas. Likewise, the bill would eliminate the F-4 family preference category, that currently permits US citizens to petition for their siblings.

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