On March 30, 2022, U.S. Citizenship and Immigration Services (USCIS) extended until July 25, 2022, for COVID-19 reasons, the response time for certain Requests for Evidence (RFEs) and other similar response-based notices and requests, and also filing date requirements for the Type I-290B form.
In this article, we provide the specifics of this Biden Administration decision.
Summary of the Decision
Due to the COVID-19 pandemic, U.S. Citizenship and Immigration Services (USCIS) is extending the response time for certain applications, notices, and agency decisions until July 25, 2022 to assist applicants, petitioners. We anticipate that this could be the last extension of these flexibilities. USCIS will consider a response given within 60 calendar days after the due date indicated in the following requests or notices before taking any action, if the issue date listed on the request or notice is between March 1, 2020 and July 25, 2022.
What are the basic points of the decision?
The administration’s decision to extend the response time for certain requests, notices, and agency decisions revolves around 4 basic points. These points are:
- USCIS is again extending the time to respond to certain requests, notices, and decisions due to COVID-19 until July 25, 2022.
- USCIS first announced COVID-19 flexible measures on March 20, 2020
- This applies to the response time allowed for certain applications, notices, and decisions issued from March 1, 2020 through January 15, 2022.
- USCIS will receive responses to eligible requests, notices, and decisions within 60 calendar days of the response deadline before taking any action.
What documents are affected by this decision?
Flexible action applies to the following documents:
- Requests for Evidence ;
- Suite to Request Evidence (N-14);
- Notice of Intent to Deny ;
- Notice of Intent to Revoke ;
- Notice of Intent to Cancel ;
- Notice to terminate regional centers ;
- Motions to reopen an N-400 in accordance with 8 CFR 335.5, Receipt of waiver information after grant.
In addition, USCIS will review a Form N-336, Request for Hearing on a Decision in a Naturalization Proceeding, or a Form I-290B, Notice of Appeal or Petition, provided that a decision was made between March 1, 2020, and January 15. 2022, and the form was filed within 60 days of the date the agency issued its decision.
What do employers and applicants need to know?
Before taking any action, USCIS will review responses to the above requests and notices received within 60 calendar days of the response deadline specified in the request or notice.
History of USCIS notices on this flexibility since March 2020.
USCIS is extending its flexibility to respond to agency requests on December 30, 2021
USCIS extends flexibility to meet agency requests September 24, 2021
USCIS extends flexibility to meet agency requests June 24, 2021
USCIS expands flexibility to meet agency demands March 24, 2021
USCIS expands flexibility to meet agency demands January 28, 2021
USCIS expands flexibility to meet agency demands September 11, 2020
USCIS expands flexibility to meet agency demands July 1, 2020
USCIS expands flexibility to meet agency demands May 1, 2020
USCIS expands flexibility to meet USCIS requests March 30, 2020
USCIS announces flexibility in requests for evidence and notices of intent to deny March 27, 2020.
Do you need help?
Do you need help navigating the complex immigration laws and procedures? We can help.
Simply schedule a consultation with one of Herman Legal Group‘s experienced immigration attorneys by calling 1-216-696-6170, or by booking online. Consultations can be conducted via zoom, skype, whatsapp, facetime, or in office.
美国公民及移民服务局 (US. Citizenship and Immigration Services) 是负责监督合法移民到美国的政府机构。它拥有 19,000 多名政府雇员和承包商，并在全球设有 200 个办事处。
USCIS 负责管理美国的合法移民系统。它提供完整性的保障，并承诺公平有效地裁决移民福利请求。与此同时，美国移民局也保护美国人和其家园，并尊重美国价值观。
如果您从国外搬到密歇根州，您肯定需要访问底特律当地的 USCIS 办事处，因此本文将确保您了解这位重要的移民推动者。
USCIS 办公室位于 11411 East Jefferson Avenue, Detroit, MI 48214。它为密歇根州服务。您可以在网上处理很多事项，但如果您需要亲自去那里或致电办公室获取具体信息，您则可以在周一至周五上午 7:30 至下午 4:00 的工作时间进行。
此外，如果您前往该处，无论是否持有枪支许可证都将被联邦法律禁止您在任何 USCIS 设施中拥有枪支、刀具、胡椒喷雾和弹药等武器。如果您不遵守这些规则，您可能会被监禁或被罚款。
为底特律公民和居民提供服务的 USCIS 当地办事处由外地办事处主任 Michael Klinger 和地区主任 Mirash “Mick” Dedvukaj 领导。
办公室的入口旨在为残疾人士提供充分的通道，并有一个免费停车场。
作为国土安全部的一部分，美国移民局提供以下一些服务：
- 验证个人在美国工作的合法权利
- 家庭成员移民
- 在美国工作
- 人道主义计划
- 收养
- 公民整合
- 家谱
如前所述，您可以通过线上完成许多 USCIS 功能。因此，如果您想节省时间或暂时离开该州，则可以选择通过互联网完成一系列任务。
例如，您可以寻求绿卡帮助并申请，填写就业授权文件并寻求帮助，获取收养或公民身份信息，或下载您需要的表格。
提交文件时，您需要确保在正确的地方提交，但不必与所有申请或 USCIS 当地办事处的地址相同。例如，如果您打算提交表格 I-485 Supplement A，您将在此处找到提交表格的正确地址。
处理时间不仅取决于您提交表格的地点，还取决于一个月和下一个月。底特律属于入籍处理时间最快的城市群，等待时间大约为 6.6 个月（或更准确地说是 6 到 11 个月）。
同样的，如果您提交 I-485、注册永久居留或调整身份，则需要 6.5 到 13 个月。当等待时间可能超过 18 个月时，提交 N-600 表格、公民申请和证书颁发的人需要更长的等待时间。
您可能还想阅读更多关于密歇根州底特律移民的信息，或联系您在密歇根州底特律的移民律师。
In the following article we will walk you through the useful information on the following:
- Who is an ‘alien’ and what does it mean to be one in the U.S.?
- What is an Alien Registration Number?
- What does it mean to have an Alien Registration Number?
- Where can you find this number on your document ?(e.g. Green Card)
- What are the other documents you can find your Alien Registration Number on?
- Can you find your A-number on an H-1B visa?
- How do you get an Alien Number, if you don’t have it already?
- Do you really need to get an A-number?
We will also provide you with an answer to “Is Alien Registration Number same as I 94 and is there something else you should know about Alien Numbers”? And last but not least, we will guide you through the importance and convenience of using professional citizenship and immigration services before you apply for an Alien Registration Number.
Who is an ‘alien’ and what does it mean to be one in the U.S.?
Contrary to the common opinion, an alien doesn’t necessarily need to be a mysterious creature with a green antenna. There’s is a mundane, lexical meaning of an alien. It means stranger. In the context of his article, it refers to the legal status of a person.
An alien is considered a person, who is not a citizen or a national of a given country. There are several types of aliens: legal alien, nonresident alien, temporary resident alien, permanent resident alien, illegal alien, and alien enemy.
The last two are not the topic of this article and the first four are touched upon only in the light of the main topic: an Alien Registration Number. Being an alien in the U.S. means you have to go through a specific set of procedures to legalize your stay or work.
What is an Alien Registration Number?
An Alien Registration Number comes down to this unique seven-, eight- or nine-digit number assigned to a noncitizen by this special U.S. federal executive department delegated to perform tasks related to public security called the Department of Homeland Security (DHS).
Getting your A-number is a process related to immigration services, such as work authorization, obtaining a permanent resident card (also known as Green Card), or any sort of registration procedure that an alien must go through.
This process involves contacting institutions and officials that work for them. The important one is the U.S. Citizenship and Immigration Service (USCIS), a government agency, an immigration-related component of DHS designated to administer the immigration and naturalization system. USCIS assigns A-number to most immigrants that want to become a permanent resident.
Alien Registration Number was created to help keep track of all the different immigration applications, forms, petitions, etcetera, that one person may submit. It also works the other way: with A# you can track your immigration files (“alien files” or “a-files”) or your immigrant ancestors. The great news is once you get this number, you get to keep it forever.
Other names for an Alien Registration Number:
A#, A-number, Alien Registration Number, Alien Number
USCIS Number, USCIS #
or simply Registration Number
Important: If you are intending to stay in the US for a temporary amount of time such as a visit visa, work visa, or business visa then you will not get an Alien Registration Number. USCIS does not give A-Numbers to most immigrants who will only be in the U.S. temporarily (called “nonimmigrants”).
What does it mean to have an Alien Registration Number?
Being in a possession of an Alien Registration Number is certainly not the equivalent of citizenship, but it is an important first step for immigrants that want to legalize their stay and work in the U.S. Most people received their Alien Registration Numbers when they applied for a Green Card, which is, in turn, physical confirmation of their permanent resident status.
It is important not to confuse an A-number with the United States citizenship number (‘Certificate number’), which appears on The Certificate of Citizenship – a confirmation of the finalization of the naturalization process and is generally a red 6- to 8-digit alphanumeric number (reminder: A-number is a 9-digit number).
The process of obtaining an Alien Registration Number for immigrants consists of filing a number of forms.
For example, if you want to get a permanent resident card (Green Card) you need to fill in an online immigration form. There are two online immigrant visa forms:
DS-260, Immigrant Visa and Alien Registration Application
DS-261, Online Choice of Address and agent
If you want to get more information on the specificity of them and how to move forward with your process, please do not hesitate to contact us.
We are well aware that any sort of immigrant registration in the U.S., be it permanent residence or work authorization is a process that requires a designated amount of time and effort, contacting immigration services (USCIS) can be stressful, especially if you have trouble speaking English or are simply intimidated by the complexity of the official forms.
Where do I find my Alien Registration Number on a green card?
If you already are in the United States for a significant amount of time, at this point you probably wonder: Do I already have an Alien Registration Number?
As we covered in previous passages, Green Card Holders already. Besides that, your A-Number appears on a few different documents, such as an Employment Authorization Document (EAD), your Immigrant Visa, or a Notice of Action. You can find your number on several types of government documents.
Please take a look below to see some examples:
- Green Cards (officially known as permanent residence cards) – If you are a Green Card Holder your number is listed on the front of the card. It can be also found on the back of the card. In this case, A-number is named ‘USCIS number’.
Remember, there are often many designs of Green Card, many specimens. As you can see, your A-number is not always found in the same place on a permanent resident card:
Designs issued after May 10, 2010:
What are the other documents I can find my A-number on?
Other documents where you can find your A# are:
- EAD cards (Employment Authorization Document, otherwise known as Work Permit). You can find it under the Given Name section. In this case, A-number is also named ‘USCIS number’.
- Immigrant Visas – You can find your A-number on the front of the card. Here A-number is named ‘Registration Number:
You can also find your A-number on:
- Immigrant Data Summary – this is a document that is a part of applying for a green card abroad, called Consular Processing, that happens when you apply in the U.S Embassy or Consulate. You can find the A-number on the Immigrant Data Summary Document.
- Immigration Fee Handout – this is another document that is a part of the above-mentioned Consular Processing.
- The A-number can be found in the top right-hand corner of the document. You can find your Alien Registration Number and Department of State (DOS) Case ID on your Immigrant Data Summary, USCIS Immigrant Fee handout, or immigrant visa stamp.
- When you attended your interview at the U.S. embassy or consulate, the DOS interviewing officer should have given you a USCIS Immigrant Fee Handout. This document provides instructions on how to pay the USCIS Immigrant Fee.
As mentioned at the beginning, A-Number is usually a nine digit number used for an alien registration processes. However, in some instances, an Alien Registration Number may have less than nine digits.
In cases like this, when filing a form, you just enter ‘0’ (zero) in the required fields in front of your number. Example: your number is ‘1234567’, so you put two zeros in front of it leading to ‘001234567’. Just remember, what we learned before, that only certain noncitizens are issued A-numbers.
If you are a person who temporarily comes to the U.S., e.g. you come as a tourist or for business purposes, you are not issued an Alien Registration Number. A-numbers are issued to people who apply for family-based immigration visas, employment-based immigration visas, and for immigration visas for asylees or refugees.
- Notice of Action – You may find your A-number on some versions of Notice of Action. Similar to other documents issued by the federal government there are many versions of the design of documents. Below you can see the A-number marked in a red bracket, top right.
Important: If you’ve lost your Alien Registration Number, and you can’t find any USCIS documents, visas, or other paperwork that might contain it, you can use the system called the Freedom of Information Act (FOIA) to obtain a copy of your immigration file, which will also include your A-number.
I have an H-1B visa and I cannot find my Alien Registration Number
Normally a person with an H visa doesn’t have an A-number unless prior to that you conducted registration for an F-1 student visa with an Optional Practical Training (OPT) and simultaneously you received an EAD prior to the H visa.
This is because H-1B visa falls into the category of temporary work visas (recipients of an H-1B visa can remain in the U.S. for three years at a time, but the stay can be extended to a maximum of six years), and Alien Registration Number is assigned only to people who file a visa application with the USA with the intent for permanent residence. Obtaining an Alien Registration Number for a student Visa U.S is also not necessary for the same reason.
A general rule reminder: temporary stay – no need for A-number.
How do I get an Alien Number, if I don’t have one?
The USCIS assigns people with this nine-digit number at the time they submit petitions for Green Card (permanent resident card) if they meet the conditions for getting them.
If you are an F-1 visa holder who has been granted employment authorization to work through the OPT program, you will be issued an A-number after you file the petition for employment authorization.
If your immigration petition is approved by the USCIS, the official who approves you will create an A-file for you. This file will contain your Alien Registration Number and the petitions and forms that you have filed. You will not be issued an A-number or have an A-file created until your petition is approved.
Other ways you get an A-number is by applying for Marriage Green Card inside the US – then your A-number will be on the receipt notice you get from the USCIS after filing the green card application form, or you are applying for Marriage Green Card outside the US when A-number will be assigned to you when you attend your interview at the U.S. consulate.
Important: During a USCIS procedure, you will be assigned a case number. Don’t confuse it with an Alien Registration Number. You can tell your A-number and your USCIS case number apart by how they look. Your Alien Registration Number is always a 7, 8, or 9-digit number. Your USCIS case number, on the other hand, is a 13-character code beginning with 3 letters (such as “MSC” or “EAC”) and then 10 numbers.
Do I really need to get an A-number?
If you wish to pursue your future in the U.S., if you want to climb the career ladder, raise a happy family here, the answer is simple: yes, you need to get the A-number. All immigrants that want to either stay or work need to get their USCIS Number.
This important number is required on immigration paperwork or other official documentation work. There is no way to go around this.
And whether you want to get a work permit in the U.S., become a Green Card Holder (permanent resident card) apply for U.S. Citizenship, apply for an Immigrant Visa via U.S Embassy or Consulate or deal with U.S Citizenship and Immigration Services in any other way, you will be asked to provide your Alien Registration Number.
Other important forms on which it is required are Green Card Renewal Application (Form I-90), U.S Citizenship Application (Form N-400), Employment Authorization Application (Form I-765), Petition for Relative Application (Form I-130), and more.
When you become a lawful permanent U.S. resident, you will have to renew your card every 10 years. If you are granted conditional permanent resident status based on your marriage to a U.S. citizen or lawful permanent resident, you will need to apply to remove the conditions on your green card after two years. For this, you will need your A-number as well.
Is there something else I should know about Alien Number?
Yes, couple of things you might want to remember how to distinguish:
- Social Security Number is not the same thing as an A-Number,
- A-Number is not the same as a Visa Number,
- The I-94 number is not the same as A-Number. An I-94 number is an 11-digit number that is found on the Arrival-Departure Record (Form I-94 or Form I-94A). Please see below:
- USCIS Online Account Number is also not the same thing as an A-Number.
Citizenship and immigration services related to an Alien Registration Number
You probably remember that USCIS stands for the United States Citizenship and Immigration Services – the DHS agency, the public institution you will have a lot of contact with if you are planning your life in the U.S., an official path to legalize your work or stay.
The other side is immigration services provided by professionals, usually, law firms, that help you in your dealing with the first one. This is important to use these services, especially if you are unsure about your legal status in the U.S.
It sounds overwhelming, I need help
Are you interested in getting an Alien Registration Card? Do you wonder what should be your first steps when applying for a Green Card (permanent resident card)? Do you find legal terms too complex, and even counter-intuitive?
Do you find the application process too confusing? You find contact with any public official stressful, or you simply don’t want to make mistakes when filling a form. If you answered ‘yes’ to at least one of these questions, then we advise you to get professional help.
The law firm will explain all the USCIS procedures in plain language, help you gather all required documents, help you fill out all the necessary forms, will apply on your behalf, will check the process status for you, will deal with all government bodies for you, whether you are trying to get an Alien Registration Number, file U.S. Green Card application, or any sort of permanent residence related issue.
We will act on your behalf when dealing with a government agency like USCIS in a professional and time-efficient manner. We provide our services either as a visa package or by target-focusing on your dilemma. You can also choose from our set of citizenship and immigration services.
It is just easier to file for a permanent residence card using a law firm in the U.S. If you are interested, contact us for an assessment of your situation regarding either a USCIS number, Green Card, or any other permanent resident hurdle. We will gladly help you out.
I-130 Petition for Alien Relative
Since you stopped by here, you probably wonder how to live and work in the United States. If that’s so, you should consider your employment or family relationship options to lead you to permanent residence as the most considerable immigration base.
There are two major pathways to immigration to the United States via a green card (immigrant visa) that the U.S. Citizenship and Immigration Services (USCIS) offers. Also, other routes exist, but employment and family ties are the most common bases for becoming a permanent resident that USCIS grants.
If you and your spouse or other family member consider those options, you can file USCIS Form I-130 from or outside the United States. Filing I-130 form aims to prove the family relationship between a U.S. citizen or lawful permanent resident and a foreign person, your spouse or relative, to commence green card processing.
Still, when the U.S. Citizenship and Immigration Services (USCIS) approves your family-based I-130 petition, it is solely not enough to get you, your spouse, or relative a green card, but it is an excellent way to start. So, learn how to create the path to become a lawful permanent resident.
If you have any questions after reading this article, call us right away! Herman Legal Group is a law firm specializing in immigration law, knowing the law inside and out and enjoying over 25 years. Our staff speaks over a dozen languages, and it is likely we can find someone to converse with you in your native language, help you prepare filing documentation and file USCIS form I-130, or seek other non-immigrant and immigrant visas and lead you through a green card application process.
Call now for your consultation at +1-216-696-6170 or request one through our online form.
Who is eligible for family-based I-130 Sponsorship?
To be a sponsor to a spouse or other family members who aim to obtain a green card, you have to be either:
- U.S. citizens (having U.S. citizenship by birth or by naturalization); or
- Lawful permanent resident.
The main difference between persons who holds one of these statuses is the range of relatives they can sponsor. If you are a U.S citizen, the range of persons you can sponsor is broader, and also, the processing time to wait for a green card is shorter than for the one who is a 1-130 green cardholder.
I-130 Beneficiary: U.S Citizen and LPR
The beneficiaries of an approved USCIS Form I-130 Petition for Alien Relative filed by a U.S. citizen or a green card holder can be a spouse and unmarried children (under the age of 21).
Unlike I-130 green card holders, U.S. citizens must file an I-130 form to sponsor:
- Parents;
- Siblings;
- Married children.
Make sure to provide a birth certificate to each category when filing I-130.
Usually, a spouse of U.S. citizens can become a permanent resident in about a year. For example, siblings may have to wait decades after the approval of Form I-130 before they can immigrate to the United States.
Who Cannot Submit I-130 Form?
Even when a U.S. citizen or lawful permanent resident is eligible to file an I-130 petition, there are certain cases when USCIS banned the option.
A U.S. citizen or a lawful permanent resident cannot file an I-130 to sponsor the following relatives:
- Grandparents, grandchildren, nephews, nieces, uncles, aunts, cousins, or parents-in-law
- Adoptive parents or children adopted after they turned 16 years old.
- Biological parents, if you obtained a green card or a U.S. citizenship through adoption.
- Stepparents or stepchildren, if a child already turned 18 years when the marriage that created the step relationship happened.
- Spouses, if you were not physically present at the marriage ceremony.
- Spouses, if you obtained a green card through a prior marriage to a U.S. citizen or a green card holder — except if you became a naturalized U.S. citizen or have been a green card holder for at least five years.
- A spouse, if a marriage happened while they were a part of any immigration court proceedings.
- That U.S. Citizenship and Immigration Services USCIS determined that marriage happened purely for immigration purposes.
If you think the U.S. Citizenship and Immigration Services USCIS may deny your I-130 petition, we highly advise you to get an attorney’s help to fill the form. If you believe that you are at risk of being denied after filing form I-130, you might consider contacting Herman Legal Group.
If you live outside the United States, or you prefer online consultations, we offer a 1-hour Skype or Zoom consultation on the strategy to go over the facts of your case and vet the case to identify potential issues and mitigation strategies.
How to File an I-130 form and get a green card?
Firstly, you need to properly fulfill all the questions in the USCIS I-130 form, which are divided into five parts, collect supporting documents. Afterward, you must file documents at the proper lockbox facility. Throughout the form, you will notice that the immigrant is referred to as “your relative” or the “beneficiary.”
Part 1. – Seeks information about a relationship where you need to select the offered type of relative that you want to petition: spouse, parent, brother/sister, or a child. Notice that U.S. citizens may sponsor any of these, but a lawful permanent resident may only petition a spouse or unmarried child.
If you file form I-130 for a child or parent, select an option for the type of relationship (biological, stepchild/stepparent, or adoptive). There will be some additional questions about adoptive relationships, but these are generally easy to answer.
Part 2. – Asks for Information about the petitioner regarding the address and marital information.
Part 3. – Requires biographic information. Here, you will need to select provided options under “race” and “ethnicity” for immigrants.
Part 4. -Asks you about information of beneficiary (the intending relative-immigrant): There are sections regarding Marital Information (note that marital details about both you and your spouse are vital, so be ready to provide extra information about it), Information About Beneficiary’s Family, Beneficiary’s Entry Information, Unauthorized Stay, Unlawful Entry.
Part 5. – Requires you to provide Other Information: whether you ever filed a petition for this beneficiary or any other immigrant relative.
After completing the I-130 form, you must file it at the proper USCIS lockbox facility.
The filing USCIS lockbox facility for your Form I-130, Petition for Alien Relative, will depend on whether you live outside the United States and whether you are filing Form I-485, Application to Register Permanent Residence, or Application for Adjustment of Status, at the same time (also called as “concurrent filing”).
For example, if you live outside the United States, you may file your I-130 at the Dallas lockbox facility.
According to the U.S. State Department website, the USCIS office in the United Kingdom and Ghana will continue to process Forms I-130 until March 31, 2020, for U.S. citizens residing in these countries.
You may request an electronic notification when by filing the form G-
On the USCIS website, you can find the table that exactly explains which lockbox facility you should file Form I-130.
According to the Fee Calculator that you may find on the USCIS website, the filing fee for Form I-130 is $535.00, and you can pay this via check or credit card.
What are Supporting Documents to Include With I-130 Form?
Supporting documents you need to submit along with I-130 visa petitions serve to prove that the sponsor is allowed to file an I-130 form for their immediate relative in the first place and that you have a valid family relationship with the immigrant seeking a green card. When submitting USCIS form I-130, make sure that you collected the required documents from you and your relative that you must file, and that will prove the following:
- The sponsor is a U.S. citizen or a green card holder (birth certificate or other document issued by the U.S. government agency)
- A legally valid relationship exists (marriage certificate, or birth certificate for another relative)
- The relationship is not fraudulent
- If there are any name changes for the sponsor and/or the person seeking a green card
- The beneficiary’s nationality (birth certificate)
How long does it take for I-130 Petitions to be approved?
Although the necessary steps are fairly consistent, the processing times of I-130 depends on other circumstances, such as the type of relationship, USCIS caseload, and your ability to file an accurately prepared I-130 petition.
USCIS’s time to process the Form I-130 Petition can be slow and depend on the office you send your petition. In 2020, it took USCIS from seven to 22 months on average to process the immigrant visa packet. Afterward, you have to wait for a specific time before you can come to the United States. That depends on whether you are married to a U.S. citizen or a lawful permanent resident (“LPR”), or a green-card holder.
- If you are married to a U.S. citizen, the time you have to wait is about two months before your case goes to the U.S. government agency: U.S. Department of State- National Visa Center (NVC). Then, there are several months of waiting before the National Visa Center process it, and the U.S. embassy is ready to schedule your interview, so the total average of waiting can go up to 24 months.
- If you are married to a lawful permanent resident, you will be subject to the quota system.
To follow up with the current processing times for non-immigrant and immigrant visas, you can visit the USCIS website and check trends in all five field USCIS offices or service centers: Nebraska, California, Potomac, Texas, and Vermont.
What happens after I file form I-130?
There are several steps to undertake after you file form I-130.
Step 1: Getting Petitioner receipt notice- Notice of Action 2 (NOA2) stating that your petition has been approved. USCIS takes several months to send you a receipt notice called the Notice of Action 2 after submitting your I-130 petition. This receipt notice usually arrives 2 to 3 weeks after filing.
Step 2: USCIS sends your Approved I-130 Petition to the National Visa Center (NVC) for pre-processing and collecting fees, forms, and documents from the petitioner and beneficiary.
Step 3: You will receive a visa number and welcome letter from NVC containing instructions on the following steps. It would be best to ensure that NVC has the correct mailing address (yours or your spouse’s). The final adjustment of status can be made only after this number becomes available for you. If NVC miss to contact you regarding the number of your visa, you can also use the U.S. Department of State Visa Bulletin to check whether a visa is available for your petition.
Step 4: Pay the Immigrant Visa fee for processing your visa petitions during the interview stage. This fee applicants will pay separately and the affidavit of support fee (AOS) for processing your testimony of support form and supporting evidence.
Step 5: Complete U.S. Department of State Form DS-260 before scheduling your interview with the embassy or consulate. This is a long online form to file for an immigrant visa found on the U.S. Department of State site and other DS forms. It requires answers to many questions related to personal and family information, previous travel to the United States, work and education, etc. U.S. Department of State forms, as well as other Non-USCIS Forms you can find here.
Step 6: Complete Form I-864 required for the U.S. petitioner to support the beneficiary to avoid them using public assistance financially.
Step 7: Attend Visa Interview At U.S. Consulate or U.S. Embassy scheduled by NVC or the consulate after completing form DS-260 and the I-864. You may find a list of U.S. Embassies and Consulates on the U.S. Department of State official website at travel.state.gov.
Step 8: Receive Stamp In Your Passport after an interview. Authorities will notify right at the spot or by sending a letter shortly. They will also tell you if you can receive the passport via mail or pick it up later.
While we attempt to provide relevant and up-to-date information on our website, you should bear in mind that information on the site is not legal advice but informative articles where you can learn about different USCIS forms and the green card process. Reading our blog prepared by our immigration expert team can provide you a good insight into how the green card process looks like, and we aim to keep it up to date, but we encourage you to check it from time to time on the USCIS website. information
Related Questions about Form I-130:
What can form I-485 (Application to Adjust Status) help you do?
By filing a Form I-485, you can become a lawful permanent resident (get the green card or immigrant visa) through:
- A job offer
- Asylee status
- Refugee Status
Also, a Preference Relative and Immediate Relative can become Lawful Permanent Residents by filing form I-485.
Do You Need to File Separate Forms I-130?
If you file a USCIS I-130 form for your child when you are petitioning for the other parent as well, you must file a separate I-130 Form for each relative if you are a U.S. citizen, while you can file a single I-130 petition if you are a lawful permanent resident.
What does it mean by “fraudulent marriage,” and how to prove it isn’t?
USCIS officers can conclude based on proves that you provided that your marriage was undertaken only to gain a Green Card. So, make sure to gather proper documentation and evidence of your joint life: tax returns, cohabitation, photos with family and friends, children, journeys, etc.
Can I-130 be revoked?
Yes, your I-130 petition can be revoked in the following cases:
- The petitioner withdraws the I-130
- The petitioner or immigrant dies
- A marriage is terminated (upon which the I-130 is based)
- An unmarried child of a lawful permanent resident marries, or
- The petitioner who is a lawful permanent resident loses the status (except if being naturalized).
Is An Immigration Lawyer Worth The Cost?
While you can file your application on your own, if you decide to hire an immigration attorney, it means that additional legal fees will be added to your immigration case. However, you will not have help while preparing all the documents, evidence, or get advice on communicating with USCIS, the U.S Department of State, and other government agencies. And making a mistake can cost you a lot.
So if you want to be sure that your case will be well prepared and get higher chances to have a positive outcome, we highly advise you to hire an immigration attorney who will be with you in each phase throughout the process. Hiring an immigration expert can prevent visa denials and even removal from the United States.
We at Herman Legal Group aim to get to know each client and are available to answer any of your questions at the beginning, middle, and end of the process. A little more investment into expert counsel often goes a long way in making for a smoother ride. So, be free to call us for a consultation at +1-216-696-6170 or use our online form to request one.
If you were born outside of the United States to a U.S. citizen parent, or if your parents were permanent residents (green card holders) who became U.S. citizens, you may have become a U.S. citizen automatically, but you might not have any documents that show this.
At some point though, you may need to be able to prove your U.S. citizenship, perhaps to obtain Social Security benefits, financial aid, or a driver’s license. A Certificate of Citizenship can serve as that proof and allow you to access these other government services and benefits.
Form N 600 allows you to request a Certificate of Citizenship from the U.S. Citizenship and Immigration Services (USCIS) if you find yourself in this situation and meet certain eligibility criteria.
You may also complete this application on behalf of your minor child. This guide will outline important information about Form N 600, including who is eligible, the application process and associated costs, and some frequently asked questions.
Eligibility for N 600 Application
To apply for a Citizenship Certificate using Form N 600, you must have been born outside of the United States but be present in the United States at the time of application, and you must have automatically become a U.S. citizen before you turned 18 years old.
To submit Form N 600 for yourself, you must be at least 18 years old. If the applicant is under 18, a parent or legal guardian must complete and submit the application on their behalf.
Automatic Citizenship
Whether you automatically became a citizen is determined based on the laws that were in effect when you were born. Since the laws governing automatic citizenship have changed over the years, you probably will want to consult with an attorney to make sure you are accurately assessing your eligibility.
Generally, though, there are a few ways in which you could automatically become a citizen of the United States. These are:
- You were born abroad to at least one U.S. citizen parent. This is called citizenship by acquisition.
- You were born abroad and then adopted by a U.S. citizen. This is called derivative citizenship.
- You were born abroad, and your parents were U.S. permanent residents (green card holders) who naturalized to become U.S. citizens. This is also a form of derivative citizenship.
Typically, your U.S. citizen parent must have been physically present in the United States or its territories for at least five years, at least two of which were after your parent turned 14 years old, for you to be considered a U.S. citizen at birth when born abroad.
However, if your parent does not satisfy these physical presence requirements, you may use the physical presence of a U.S. citizen grandparent to establish U.S. citizenship at birth.
Derivative citizenship based on adoption or a parent’s naturalization can be complicated to determine because the laws have changed many times over the years, so it is best to consult with an attorney who is familiar with immigration laws and who can give you legal advice on how to proceed. Typically, the law that was in effect when you were born will govern your eligibility.
Potential Issue: Birth Out Of Wedlock
If you are basing your U.S. citizenship on your father, and your parents were not married when you were born, the rules can be complicated. USCIS has specific requirements for claiming that you automatically gained citizenship at birth through your father. These requirements include:
- You can establish, by clear and convincing evidence, that there is a blood relationship between you and your father.
- Your father was a U.S. citizen at the time of your birth.
- There is evidence, from before you turned 18 years old, that your father accepted the legal obligation to support you financially until the age of 18. If you are a parent applying on behalf of your minor child, the father will need to submit a written statement agreeing to support the child financially until they are 18 years of age. This requirement is waived if the father was deceased before the child turned 18 years old.
- Before you turned 18 years old, one of the following occurred:
- You were legitimated under the law of wherever you were living.
- Your father provided written acknowledgment, under oath, of paternity.
- Paternity was established by court order.
If you are basing citizenship on a U.S. citizen mother, and you were born out of wedlock, it is also possible that you did not automatically acquire U.S. citizenship. If you were 18 or older on February 27, 2001, you probably could only have acquired citizenship through your mother sometime after your birth, and only if paternity had not been established.
If you were under 18 or were born after February 27, 2001, that restriction on citizenship acquired from a U.S. citizen mother does not apply to you. Even if you were born out of wedlock, you could acquire citizenship through your mother, so long as your mother was a U.S. citizen before you turned 18, and you were in the United States as a legal permanent resident (green card holder) as the legal and physical custody of your mother.
Who Cannot Apply Using The N 600?
You cannot use this form if any of the following apply to you:
- You are not a U.S. citizen.
- You were born in the United States.
- You have been naturalized to become a U.S. citizen.
- You are currently living in a different country.
Being ineligible to file Form N 600 does not mean that you do not qualify for any type of immigration relief. You should consult with an attorney if you want to explore your options.
Stages of the Process
Once you and your attorney determine that you are eligible to apply for a Certificate of Citizenship using Form N 600, you can begin the application process. First, you may want to have an idea of how the process will go. Below are the basic stages, from preparing the application to receiving a decision from U.S. Citizenship and Immigration Services (USCIS).
Preparing The N 600 Application For Certificate Of Citizenship
Readying your application for filing will involve completing the N 600 Form according to the instructions and gathering all required documents. You can submit photocopies of all of the documents unless USCIS says otherwise. Some of the documents you must provide are:
- Two U.S. passport-style photographs of yourself;
- Your birth certificate;
- Your U.S. citizen parent’s birth certificate and marriage certificate, if applicable;
- Proof of your U.S. citizenship; and
- Proof of your U.S. citizen parent’s presence in the United States.
Depending on your specific situation, there may be other documents that you will have to provide. For example, if your U.S. citizen parent was born abroad and does not have proof of their U.S. citizenship, you may need to obtain documents to show your grandparents’ U.S. citizenship. If you were adopted, you must provide the full, final adoption decree.
If you acquired citizenship through a parent’s naturalizing, you would need to provide evidence of your status as a permanent resident (green card holder). You or your attorney will need to consult the N 600 instructions for the full list of required documentation to determine exactly which documents you should submit.
You may only file Form N 600 one time, so you mustn’t make any mistakes that could affect the success of your application. You probably will want to enlist the help of an immigration attorney who is familiar with the process to ensure that the form gets filled incorrectly and that you have all of the documents that you need to submit.
Filing The Application
You can submit your application, documentation, and filing fee in paper form via mail, or you can create a USCIS online account and file your application online. The USCIS website provides all of the information that you need to know to file either way.
Passing The Initial Processing Stage
At this stage, USCIS may reject your application if it is incomplete. USCIS does not consider the N 600 to be “filed” until they accept the application at this stage, so you might be allowed to correct whatever initial evidence they say that your application is lacking and to refile the N 600.
Receiving Additional Requests From USCIS
You may receive a request for additional evidence or information to support your Form N 600, or you might be required to provide an original of one of the document copies that you submitted. If you receive a request like this, you should send the information to USCIS as soon as possible. USCIS could close your case if you fail to send in what they have requested.
USCIS might also send a notice giving you a date and time to go to a USCIS office for an interview or for another reason, such as being fingerprinted to prove your identity. They will also inform you of any additional fees for the appointment. Not everyone is required to go for an appointment, so you should not be concerned if you do not receive this request from USCIS.
Not receiving this request suggests that you provided USCIS with enough information with your application to decide whether you are eligible for a Certificate of Citizenship.
Attending An Interview Or Biometrics Appointment
When you go for an interview, you should take with you the originals of the documents that you filed with your application. If any of the documents have changed since you filed them, you should also bring these updated documents.
While you are there, USCIS might ask you to do more than what was mentioned in the letter. They might take your photograph or your fingerprints, or they could have you sign additional documents. You do not need to be alarmed by this. This may just be to verify your identity or to obtain updated background checks.
Receiving A Decision On Your Application For a Certificate Of Citizenship
After USCIS is satisfied that they have enough information to make a decision, they will review your application and decide whether you are eligible for a Certificate of Citizenship based on the information you provided in your Form N 600. They will send you their decision in writing.
If your application is approved, USCIS will issue your Certificate of Citizenship and schedule you to appear for an Oath of Allegiance ceremony. If you are a parent who applied on behalf of your child, then your child may not have to attend the ceremony as long as they are under 14 years of age.
As discussed above, if your application is denied, you cannot file another N 600 application to try again. However, you will have 30 days from the date of the decision to file an appeal.
If you miss this deadline but still want to appeal the denial, you will have to file a motion asking the court to reopen your case and reconsider the decision. This is especially useful if your application was denied because you were missing some evidence of citizenship that you now have and can provide to USCIS.
Costs
Filing Fee
The filing fee for Form N 600 is $1,170, which must be paid by check, money order, or cashier’s check to the U.S. Department of Homeland Security. There are a few exceptions:
- If you are a veteran or member of the U.S. Armed Forces, you do not have to pay a filing fee (U.S. Armed Forces includes Army, Marine Corp., Air Force, Navy, Coast Guard, and Space Force).
- You may be eligible to apply for a fee waiver if you are experiencing financial hardship or are receiving certain government benefits, or if your total household income falls at or below 150 percent of the Federal Poverty Guidelines.
Costs From Preparing Your Application
You will likely encounter expenses, in addition to possible attorney’s fees, while preparing your application and gathering the documents that you are required to submit.
One expense that you will almost certainly have is for the U.S. passport-style photographs of yourself, which must be taken no more than 30 days before filing your application. Many drug stores with photography centers will take and print these for you.
There will also probably be some documents that you will need to request from various government agencies. For example, you might not have a copy of your own birth certificate, much less your parent’s birth certificate or marriage certificate.
Luckily, you typically can get replacements from the agencies that issued the documents, but you usually have to pay for these copies.
Biometrics Fee
If you have to go to a USCIS office for fingerprinting or to provide other requested information, you will have to pay for the appointment and services. USCIS will include the fee amount in the letter notifying you of your appointment.
Processing Times
The amount of time that it takes for U.S. Citizenship and Immigration Services to process your application will vary by USCIS office and their caseloads at that time. In the Ohio offices, applications have recently taken between 7.5 months and 16 months to process, from the date that they were filed to the date that USCIS issued a decision.
Frequently Asked Questions
- My mother was a U.S. citizen, but she passed away a few years ago. Does this mean I cannot apply for a Certificate of Citizenship?
No. If you automatically acquired citizenship at or after birth based on your mother’s citizenship and before she passed away, you can still file Form N 600 even though she is deceased.
However, if you did not acquire citizenship before she died, you may not be able to use Form N 600, but you might qualify to naturalize to become a U.S. citizen under the Immigration and Nationality Act. You should consult with an attorney for more information on your options.
- My stepparent is a U.S. citizen, but my biological parent is not. Can I use the N 600 application to apply for a certificate of citizenship based on my stepparent?
No, you cannot apply for citizenship using the N 600 based on a stepparent’s U.S. citizenship unless the stepparent legally adopted you.
- I conceived my child using a donated egg and sperm. I am a U.S. citizen but I gave birth outside of the United States. Can I apply for a Certificate of Citizenship for my child?
If you are recognized as the legal mother at the time of your child’s birth and you meet all of the other parental requirements for your child’s eligibility, you may be able to file a Form N 600 for your child.
- My parents got a divorce when we were lawful permanent residents, and then my dad naturalized to become a U.S. citizen. Can I apply for a Certificate of Citizenship?
Maybe. If you were in the lawful and physical custody of your father after he became a citizen and before you turned 18, you may have automatically acquired citizenship when he naturalized and now be eligible to apply for a Certificate of Citizenship. If you were in your mother’s legal and physical custody and she was not a citizen, then you may not be able to apply because you likely did not automatically acquire citizenship based on your father’s naturalization.
- What if I am not able to get copies of all of the documents that the application requires?
If a document is not available to you, you can submit an explanation of why you cannot get the document and provide additional documents to support your eligibility. Such documents may include baptismal certificates, school records, or census records.
If none of those documents are available either, affidavits of people with personal knowledge of the event that made you a U.S. citizen (your adoption, your parents’ naturalization, etc.) can be submitted.
- I am 16 years old and received a notice to appear for an interview. Can I go alone?
Unless USCIS specifically waived the requirement for you, you must bring your U.S. citizen parent with you for the interview if you are under 18 years of age.
- I filed a Form N 600 about eight months ago but I have not heard from USCIS. Is there any way to check the status of my application?
Yes, you can check your case status on the USCIS website using the receipt number that they sent to you in your confirmation letter. If you did not receive any confirmation from USCIS that they received your application, and several months have passed since you filed, it might be a good idea to contact USCIS to confirm that they received it, get your receipt number, and make sure they have your correct address for future correspondence.
- I filed the N 600, and my application was denied. Can I file another to try again?
No. Unfortunately, once you receive a decision from USCIS on a Form N 600, USCIS will immediately reject any Form N 600 that you attempt to file in the future.
- I am not a U.S. citizen, but I want to apply to try to become one. Can I file Form N 600?
No. Form N 600 is only for people who are already U.S. citizens to obtain a Certificate of Citizenship. It is not a way to apply for citizenship. An attorney can help you to determine whether you are eligible to apply for citizenship using a different USCIS application.
- What is the difference between N 600 and N 400?
Both N 600 and N 400 concern U.S. citizenship. However, N 600 is meant for those who derive or acquire citizenship from their parents and who are in need of a U.S. Citizenship Certificate. N 400 is for lawful permanent residents of the U.S. who aim to procure U.S. citizenship. So, if you are an immigrant who wants to become a naturalized U.S. citizen, you must file an N 400, not an N 600.
We Can Help
If you think that you or your child might qualify for Form N 600, Herman Legal Group can help you to determine whether the N 600 is right for you and assist you through the process of applying.
Remember, you only get one chance to apply for a Certificate of Citizenship using the N 600, and we are here to ensure that your application is the best that it can be to establish eligibility for the Certificate.
Even if you are not eligible to use Form N 600 but want to explore other immigration options that may be available to you, we can help. Reach out to Herman Legal Group by calling +1-216-696-6170 or by contacting us online.
ATN visa is designed to allow certain professionals from Canada and Mexico – NAFTA professionals, to work in the United States.
This article will explain how Economists from Canada and Mexico can apply for TN nonimmigrant visa.
The complete list of NAFTA professions you can find here.
Under the North American Free Trade Agreement (NAFTA), qualified Canadian and Mexican citizens can temporarily stay and engage professionally in various jobs in the United States. The economist is one of the available occupations listed in the NAFTA list since 1994.
There are no special TN Visa regulations about Economist occupations so that the guidance can be found in the Occupational Outlook Handbook (OOH) created by the Department of Labors. According to the OOH, economists work on collecting and analyzing data. They also follow and analyze trends and solve economic problems related to resources, goods, and services.
What are the Duties of Economists?
General duties that are in the OOH:
- Address economic problems
- Research and gather data
- Analyze that data by using different techniques
- Share research results within reports and various types of graphics
- Explain and predict market trends
- Advisory work
- Design solutions for economic issues
- Prepare academic and media articles
What are the TN visa educational requirements?
The computer systems analyst has to obtain one of the following:
- Bachelor’s (Baccalaureate) degree or Licenciatura Degree.
Additional requirements for TN visa eligibility refer to:
- Proof of Mexican or Canadian citizenship;
- A proof of the job offer written as the employers` letter of support, with all job details;
- A proof that a nonimmigrant does not have intentions to stay in the U.S. permanently.
How to Seek Admission as a TN Nonimmigrant?
The application with all required documentation can be filed to the U.S. Customs and Border Protection (CBP) officer at the U.S. Port of Entry for the Canadian citizens since they are not required to obtain a visa first. It is also possible to apply at pre-flight clearance or an airport after arriving in the United States.
On the other hand, Mexican citizens should apply at the U.S. embassy or consulate in Mexico. After the TN visa is approved, they can seek admission at the U.S. Port of Entry.
Both Canadian and Mexican citizens can file an online I-129 petition with USCIS.
What are the possible issues?
Term economist is excluded from NAFTA, which can cause complications and inconsistency in the decision-making process of defining if some occupations fall under the economists TN status.
It used to be common to obtain TN status as economists based solely on the financial analyst role, which usually focuses on investment programs. Although it may seem similar, it is essential to mention that financial analysts, marketing analysts, and marketing specialists are not included under the economist category. This restriction was stated in the USCIS policy memorandum in 2017.
However, USCIS states in the memorandum that economists operate in two main areas:
- Microeconomics – analyzing “the behavior of individuals and firms to understand the relationships between supply and demand.”
- Macroeconomics – analyzing “aggregated indicators to determine how different sectors of the economy relate to each other”
This categorization opens a possibility for some financial analysts to qualify as an economist under NAFTA, as long as they run activities consistent with the economist profession. Job duties that they have to perform are related to researching, gathering, analyzing economic and statistical data, and reporting and designing solutions for financial issues.
A TN visa is designed to allow certain professionals from Canada and Mexico – NAFTA professionals, to work in the United States.
This article will explain how Management Consultants from Canada and Mexico can apply for a TN nonimmigrant visa.
The complete list of NAFTA professions you can find here.
A TN visa provides temporary stay and employment opportunities for Canadian and Mexican citizens of various professions, including management consultant professionals. This category is one of the few occupations that do not require a degree, which led to its popularity and, at the same time, numerous misuses. Consequently, USCIS stated that the management consultant TN visa category is the hardest to obtain under The North American Free Trade Agreement (NAFTA).
What are the Job Duties of a Management Consultant?
The TN visa policies do not regulate allowed job duties. Therefore the guideline directions can be found in the Occupational Outlook Handbook, published by the U.S. Department of Labor.
Management consultants work as outside consultants on improving private and public entities ‘ managerial, operating, and economic outputs, focusing on particular problems and resolving them through analysis. The petitioner has to present how the services will improve administration, objective, and operations overall.
Management consultants can be independent consultants or employed in a consulting company hired by a U.S. entity. He or she can not apply for a new permanent position; neither can he or she be hired as a replacement, except if the role in question is a supernumerary temporary position. It is common that their services fall under short-term projects and have a temporary character rather than full-time.
In some cases, if the job description covers implementation together instead of just advice services, the petition will be denied, which depends on the officer`s will in a particular case.
To be qualified to obtain a TN visa as a management consultant, the nonimmigrant has to earn one of the following educational requirements:
- Bachelor’s degree; or
- Licenciatura Degree.
Although most of the TN occupations requires a bachelor degree, management consultant is one of the rare professions where a petitioner can possess equivalent professional experience instead:
- Five years of experience as a management consultant; or
- Five years of experience in a specialty field close to the consulting agreement.
Non-degree petitioners have to prove equivalent professional experience through a previous employer statement or a professional credential evaluation. A resume can be helpful to indicate job-related skills and knowledge.
The supporting required documents include a valid identification document, copied educational or experience evidence, copied and signed agreement, and a cover letter with a detailed consulting job description.
How to Seek Admission as a TN Nonimmigrant?
Canadian citizens can apply with all required documentation to the U.S. Customs and Border Protection (CBP) officer at the U.S. Port of Entry since they are not required to obtain a visa first. It is also possible to apply at a pre-flight inspection or an airport after arriving in the United States.
On the other hand, Mexican citizens should apply at the U.S. embassy or consulate in Mexico. After the TN visa is approved, they can seek admission at the U.S. Port of Entry.
Both Canadian and Mexican citizens can file the online I-129 petition with USCIS.
Management consultant TN visa is usually granted only for one year, which can be avoided by solid argumentation why the job duties will take more time to perform.
Due to the high rate of the denied petitions, it is recommended to pay special attention and prepare all the required documentation to address the application’s specifics and details.
Whether the LPR does intend to reside permanently in the US, even though he/she spends time outside the country, is an important abandonment factor.
Intent to live in the US includes the intent to work in the US (through employment or a business) or to have an actual home in the US. The intent factor applies not just when the LPR wants to return – but the entire time the LPR is in a foreign country.
A timely LPR visit (generally less than one year from the departure) or the possession of a reentry permit is not evidence of intent to reside in the US permanently. In the same way, failure to obtain a reentry permit doesn’t mean the LPR didn’t want to stay in the US permanently.
The continual US ties factor
Multiples ties to the United States, while abroad, help to confirm that the LPR did not abandon his/her LPR status. Examples of these ties, according to the State Department, include:
- Filing the US and state income tax returns – as a US resident
- Keeping a home/property in the US while abroad
- Keeping business affiliations in the US while abroad
- Possession of driver’s license with a US address
- “Immediate family members residing in the United States who are U.S. citizens, LPRs, or are seeking citizenship or LPR status.”
The USCIS will also consider the LPR’s connections with people outside the US including:
- “Immediate family members residing outside of the United States
- Property and business ties in a foreign country
- Employment by a foreign employer or foreign government
- Voting in foreign elections
- Running for political office in a foreign country
- Frequent and extended trips outside of the United States.”
The USCIS considers it a rebuttable presumption that a person has abandoned his/her LPR status if that person:
- “Voluntarily claims alien status to qualify for special exemptions from income tax liability”
- Doesn’t file federal or state income tax returns – on the basis the persons consider themselves to be nonresident aliens.
The presumption can be rebutted with sufficient evidence.
Additional evidence to help show a person intended to keep their permanent US residence includes:
- Keeping up the family ties – such as children or other relatives who reside lawfully in the US – attending school
- Owning or renting real or personal property in the US
“Current or recent employment or education in the United States”
When considering the abandonment issues in a naturalization application, USCIS will consider the available documentation. They may also issue a Request for Evidence for more information.
Preserving your US residence
Applicants may want to protect their naturalization application if they leave the US for a year or more by preserving their US residence – through a formal application process.
There may be occasions when an LPR does want to record the abandonment of their LPR status. This process can be achieved through the filing of a Record of Abandonment of Lawful Permanent Resident Status (Form I-407). There is no requirement for an LPR to file this form.
What factors should you consider before you leave the US?
If you anticipate leaving the US for a substantial period of time, you should review your right to obtain a re-entry permit. That permit should give you two years to reenter instead of just one. You should also review your obligations with an experienced immigration lawyer – especially since you may need to take important supporting documentation with you.
For help obtaining a returning resident visa,, call Herman Legal Group at 1 (216) 696 6170 or complete our contact form to speak with us.
If you are a U.S. citizen who decided to move forward with filing a K-1 fiancé(e) visa for your loved one, there are some eligibility requirements for a fiancé(e) K-1 visa that you have to meet. Here we will talk about the “two-year rule.”
A K-1 fiancé(e) visa will allow the person you plan to marry to come to the United States so you can organize your wedding there.
To apply for a fiancé(e) visa, you must be a U.S. citizen, you both fiancé(e) have to be legally eligible to marry, and you must intend to marry your fiancé(e) within 90 days of upon arrival in the United States.
But, if, for example, you met online, there is the part of the requirements that can cause particular problems. I.N.A. 214(d) imposes the rule that the United States Citizenship and Immigration Services enforces. rule states as the U.S. citizen (the “petitioner”) and your overseas fiancé(e) (the “beneficiary”), you need to have met in person sometime within the last two years. Keep a close eye on the calendar.
This waiver will be available only in limited circumstances.
Where Can You Meet?
Many couples may choose to visit the beneficiary’s home country, but this is not necessary. You and your fiancé(e) can meet at any place you want, no matter if this is the home country, or you went traveling together anywhere in the world.
However, it would be best if you were careful suggesting your foreign fiancé(e) to visit you in the United States. This visit bears the potential risk of denying their entry or alleging fraud without proof for lack of nonimmigrant intent.
How To Prove That You Met In Person?
To show that you and your fiancé(e) really met, you must include certain evidence. This usually includes:
- passport stamps- to show that you entered and exited the country where you met
- boarding passes copies, travel itineraries, receipts for plane tickets
- photographs of you and your fiancé(e) together from the trip or the meeting.
This list is not exhaustive, so be free to include as much of such documentation as you can provide, but bear in mind, that passport stamps carry the most weight so make sure to include it.
If you cannot demonstrate that you two met in person within the appropriate time period, USCIS will deny your application for a fiance K-1 visa at the very beginning of the process. Sometimes, petitioners can get to the interview stage at the U.S. embassy or consulate and after it receives a denial or an administrative processing notice, which will likewise ultimately lead to a denial.
When the Waiver of Meeting Requirement is Available?
Couples are able to get a waiver of the two-year meeting requirement in limited and rare situations.
Under 8 C.F.R. § 214.2(k)(2), waivers are available in cases where complying with the meeting requirement would either:
- result in extreme hardship to the petitioner: Typically, the only time the USCIS will approve an extreme hardship waiver is where the petitioner was absolutely unable to travel anywhere. The reason must be firm such as severe illness or permanent physical disability, so to prove this, you should submit substantial medical documentation. Live casino games are pretty popular nowadays, especially live roulette. Games of this type are on almost every casino site. Our friends from this platform have made an article on live casinos and discussed important features of games with a real dealer. Read it and find out the laws regarding live casino sites.
- violate strict and long-established customs of the foreign culture or social practice (traditionally arranged marriages): since most cultures do allow some level of an in-person meeting between the potential bride and groom, this requirement is also hard to meet.
Besides, hard-to-get characteristics, seeking the waiver will also take much time. The process is long, and even if you have a strong case, USCIS may deny your application, forcing you to appeal and making the process even longer.
Cross-Chargeability is the term used for when an applicant charges their visa to the country of birth of a spouse or a parent – instead of their own country.
According to the USCIS, for practical reasons, cross-chargeability is used where the preference quota category is backlogged for one spouse’s country of chargeability but is current for the other spouse’s country of chargeability.
The ability to cross-charge a visa applies:
- When the principal applicant cross-charges to the country of the “derivative” spouse. The derivative spouse may also cross-charge the country of the principal spouse.
- “Derivative children may cross-charge to either parent’s country as necessary.” Be careful though. Parents CANNOT cross-charge to a child’s country.
The aim of cross-charging is to preserve the family unit and permit “family members to immigrate together.”
Eligibility to Use Cross-Charging
To use cross-charging, both applicants (the two spouses or a child and parent) must be eligible to adjust their status. “A derivative using the principal’s country of chargeability may adjust status with the principal or at any time thereafter.”
“When a principal uses the derivative spouse’s country of chargeability, both applicants are considered principal applicants: one for the purpose of conferring immigrant status and the other for the purpose of conferring a more favorable chargeability.” This means, the USCIS officer “should approve both adjustment applications at the same time.”
A few Examples of When Cross-Chargeability is Acceptable
• If the visa application is available for the principal applicant, but not available for the derivative spouse, the derivate spouse’s visa can use/be charged to the principal applicant’s country of chargeability.
• If the visa application is not available for the principal applicant but is available for the derivative spouse, then the principal applicant’s visa can be charged to the derivative spouse’s country of chargeability.
• If the visa is available for the principal applicant and the derivative spouse but is not available for the child, then the derivative child’s visa can be charged to either parent’s country of chargeability.
Processing Requests For Cross-Chargeability
“If a principal applicant is filing along with a derivative spouse or child and a visa appears unavailable at first glance, the officer should check the A-files for possible cross-chargeability eligibility.”
“Often, an applicant will affirmatively request use of cross-chargeability when filing the application. In all cases where cross-chargeability provisions apply, the files should be forwarded to the adjudicating officer with a notation that indicates possible cross-chargeability. The files should be kept together in a family pack.”
To learn if chargeability can improve your eligibility and place you in line for a green card, call Legal Group at +1-216-696-6170 or use our contact form to speak with us.