Transcript USCIS Forms Overview

Overview of Forms
Texas Service Center
Special Presentation October 2010
8 CFR 299.1
Instructions to U.S. CIS Forms
First, Some Terms…
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A petition is generally filed by a qualifying U.S. citizen
or U.S. employer on behalf of a non U.S. citizen
(Think sponsor).
An application is usually filed by the individual
requesting the immigration benefit, when allowed.
Adjudication is the processing of a form to
completion.
A nonimmigrant is a non U.S. citizen coming to the
U.S. temporarily.
Classification is an abbreviated reference to the type
of visa issued to an individual.
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Official Forms
Some forms are for information or
notification purposes only, including:
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AR-11 Alien Change of Address Card
G-28 Notice of Entry of Appearance as Attorney
or Representative
G-325 Biographical Information
I-94 Arrival-Departure Record
I-551 Permanent Resident Card
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Common Forms
This is a quick overview of the most
commonly filed applications and
petitions that require an adjudicative
decision:
I-90
I-129F
I-140
I-730
I-102
I-130
I-485
I-751
I129
I-131
I-539
I-765
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First, commonly filed forms
adjudicated at the Texas Service
Center
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I-90, Application to Replace
Alien Registration Card
Filed by Lawful Permanent Residents
(LPRs) and Conditional Resident Aliens
(CRAs) to apply for replacement alien
registration cards
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To replace card for “As Is” status;
Not filed to remove conditions on
residency;
May be filed in or outside the U.S.
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I-90, Application to Replace
Alien Registration Card
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Reasons LPRs may file:
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Present card expiring;
Reached 14th birthday;
Replace old edition of card;
Status automatically converted to
permanent resident.
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I-90, Application to Replace
Alien Registration Card
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Reasons LPRs or Conditional Residents
may file:
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Lost, stolen or destroyed card;
Never received card;
Mutilated card;
Incorrect card when received; or
Name or biographical information has
changed.
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I-102, Application for
Replacement/Initial Nonimmigrant
Arrival/Departure Record
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Application for a new or replacement
Form I-94:
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I-94 is issued to each arriving
nonimmigrant alien admitted to the United
States, unless exempt.
I-94 is generally surrendered at the time of
departure from the U.S.
Application must be filed while alien is
inside the U.S.
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I-102, Application for
Replacement/Initial Nonimmigrant
Arrival/Departure Record
Must be filed because the original Form
I-94 was:
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Lost;
Stolen;
Mutilated; or
Never previously issued (ie. visa exempt).
Applicants must submit proof of legal entry.
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I-102, Application for
Replacement/Initial Nonimmigrant
Arrival/Departure Record
To re-issue form I-94 or I-95(Crewman’s
landing permit) only.
Approval will not:
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Extend Stay;
Allow for change of status; or
Change or correct biographical information
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I-130, Petition for Alien
Relative
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Filed to establish a claimed relationship
between the petitioner (USC or LPR)
and an eligible beneficiary (alien
relative) under sections 201(b) and
203(a) of the INA.
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I-130, Petition for Alien
Relative
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Does not authorize the beneficiary to
enter or remain in the U.S.
Establishes a basis for the beneficiary to
apply for an immigrant visa or for
adjustment of status.
Provides priority date (generally the
date of filing) for visa availability
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No wait for Spouse, Child or Parent of USC.
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I-130, Petition for Alien
Relative
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USC may file for:
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Spouse;
Child;
Unmarried son or daughter over age 21; or
Married son or daughter.
USC over age 21 may also file for:
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Brother or sister, or
Parent
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I-130, Petition for Alien
Relative
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Lawful Permanent Residents (LPRs) may
apply for:
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Spouse;
Child; or
Unmarried son or daughter.
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I-131, Application for Travel
Document
Filed to receive:
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Reentry Permit;
Refugee Travel Document; or
Advanced Parole Document.
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I-131, Application for Travel
Document
A Re-entry Permit:
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Required when an LPR or CPR intends to
be out of U.S. for over 1 year.
Valid for up to 2 years; or
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Valid to conditional status expiration for CPRs.
Form I-327 is issued.
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Resembles machine-readable visa in passport.
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I-131, Application for Travel
Document
Refugee Travel Document:
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Travel outside U.S. cannot exceed 1 year.
Alien in valid refugee or asylee status.
May also be LPR as direct result of refugee
or asylee status.
Form I-571 is issued.
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Resembles machine-readable visa in passport.
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I-131, Application for Travel
Document
Advance Parole Document
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Alien inside the U.S.:
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Have pending application that does not allow
travel outside the U.S. while that application is
pending (ie. I-485)
Alien outside the U.S.:
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Travel to U.S. is for emergent business or
personal reasons
Cannot obtain necessary visa and any required
waiver of inadmissibility
Extraordinary measure for very compelling
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emergency
I-131, Application for Travel
Document
Issued as Form I-512
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8 ½” X 11” sheet of paper with alien’s
photo and Immigration dry seal.
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I-140, Immigrant Petition for
Alien Worker
To petition for an immigrant based on
employment
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Merely establishes a basis for the
beneficiary to apply for an immigrant visa
or adjustment of status
DOES NOT grant employment authorization
Does not affect alien’s current status
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I-140, Immigrant Petition for
Alien Worker
May be filed by U.S. employer for:
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Outstanding Professors and Researchers
Multinational Executives and Managers
Aliens with advanced degree or aliens of
exceptional ability in sciences, arts or business
Skilled workers
Unskilled workers
Other workers
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I-140, Immigrant Petition for
Alien Worker
Individuals (including alien) may file:
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Aliens with extraordinary ability in sciences,
arts, education, business or athletics (first
preference)
Advanced degree or exceptional ability
(second preference) with request for
national interest waiver (NIW) of job
certification
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I-140, Immigrant Petition for
Alien Worker
Labor Certification
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Signifies that the DOL has found
insufficient U.S. workers who are able,
willing and qualified to perform a specific
job.
ETA-750 (pre March 28, 2005)
ETA-9089 (after March 28, 2005)
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I-140, Immigrant Petition for
Alien Worker
Labor Certification required for:
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Skilled workers (other than schedule A);
Professionals (other than schedule A);
Other Workers;
Advanced degree or exceptional ability
(second preference) (other than NIW or
Schedule A).
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I-140, Immigrant Petition for
Alien Worker
Unless it is revoked, the approval is
valid indefinitely.
Aliens are entitled to recapture an older
priority date from an approved,
unrevoked I-140, even if it was a
different employer or preference
category.
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I-485, Application to Register
Permanent Residence or Adjust
Status
Adjustment of status is the means by
which an alien becomes a lawful
permanent resident (LPR) without
leaving the United States.
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I-485, Application to Register
Permanent Residence or Adjust
Status
To be eligible, an alien must:
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have been inspected and admitted or paroled;
be admissible;
Must be present in the U.S. when filing;
Must remain in the U.S. while application is
pending, or application is deemed “abandoned”
unless the alien receives advance parole; AND
A Visa must be immediately available.
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I-485, Application to Register
Permanent Residence or Adjust
Status
Beneficiary of an approved visa petition
may be…
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Family-based (I-130)
Employment-based (I-140, I-360 or I-526)
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Beneficiary is the “principal applicant”
Family (derivatives) may accompany or followto-join, but must file their own I-485
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I-485, Application to Register
Permanent Residence or Adjust
Status
Eligibility under special programs:
Cuban Adjustment Act
 Haitian Relief (HRIFA)
 Marriage occurred after K1/K2 admission
 Asylum granted
 Refugee classification
 Cancellation of removal
Currently only Asylum applications are done at
TSC
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I-485, Application to Register
Permanent Residence or Adjust
Status
INA 245(k):
Allows for adjustment of status for
aliens not maintaining lawful status for
an aggregate of less than 180 days:
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Lawful admission expired; or
Unauthorized employment
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I-485, Application to Register
Permanent Residence or Adjust
Status
INA 245(i):
Allows for adjustment of status for
aliens not maintaining lawful status for
an aggregate of more than 180 days:
Available for aliens that enter without
inspection (EWI)
 Priority date April 30, 2001 or earlier
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I-730, Refugee/Asylee Relative
Petition
Filed by aliens who are granted asylum
or refugee status and wish to petition
for their accompanying or following-tojoin spouse/child.
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I-730, Refugee/Asylee Relative
Petition
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Filed with either TSC or NSC.
There is no filing fee.
Evidence of petitioner’s status must be
submitted.
Evidence of the claimed relationship
and the beneficiary’s photograph must
be submitted.
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I-730, Refugee/Asylee Relative
Petition
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Beneficiary’s eligibility for asylum or
refugee status…
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Asylees: the beneficiary must not be barred from
receiving asylum.
Refugees: the beneficiary must be admissible to
the U.S. and must not be a person who has
ordered, incited, assisted, or otherwise
participated in the persecution of any person on
account of race, religion, nationality, membership
in a particular social group, or political opinion.
The beneficiary cannot have been previously
granted asylum or refugee status.
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I-730, Refugee/Asylee Relative
Petition
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Beneficiary’s eligibility to be classified as
a spouse or child
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The beneficiary must meet the definition of
a spouse or child (natural, step,
legitimated, adopted).
The relationship between petitioner and
beneficiary must have existed prior to
petitioner’s grant of asylum or admission as
a refugee, and must continue to exist.
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I-730, Refugee/Asylee Relative
Petition
If the beneficiary was not previously
claimed by the petitioner, the burden of
proof is on the petitioner to explain why
the beneficiary was not previously
claimed and submit clear and
convincing evidence of relationship.
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I-751, Petition to Remove
Conditions on Residence
An alien who gains permanent
residence in the U.S. by virtue of a
marriage (to a USC) that is less than 24
months old is a Conditional Permanent
Resident (CPR) must file an I-751 to
remove the conditional basis on their
permanent residence.
These are not worked at TSC.
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I-765, Application for
Employment Authorization
Filed to obtain Employment Authorization
Document (EAD):
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Renewal EAD
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Replacement EAD
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Lost, stole or incorrect information
Interim EAD
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After expiration or change in category
When EAD was not issued within the legal time limits
Does not provide or deny any immigration status.
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I-765, Application for
Employment Authorization
Examples of Eligibility for EAD:
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Asylees
Refugees
F1 students
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Optional Practical Training
Off-Campus employment
J2 Dependents
M1 Students
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Optional Practical Training
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I-765, Application for
Employment Authorization
Examples of Eligibility for EAD (cont’d):
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E1/E2 or L1 spouses
K1 fiancé(e) of USC
K2 Dependent
Dependents of A1 or A2 representatives of
foreign government
I-485 pending
Asylum Applicants
TPS Applicants
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I-765, Application for
Employment Authorization
Not required to file for EAD:
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A1, A2, A3
C2, C3
E1, E2 (spouses must file)
F1
G1 through G5
H’s, I’s, J1, L1, O’s, P’s, Q’s – Not Dependents
Religious workers, NATO employees, NAFTA
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Commonly filed forms that are
currently NOT adjudicated at TSC
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I-129, Petition for
Nonimmigrant Worker
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Provides eligibility for qualified aliens to
enter the U.S. in one of several
nonimmigrant classifications.
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I-129F, Petition for Alien
Fiancé(e)
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For alien fiancé(e) to enter the United
States to marry a United States Citizen.
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I-539, Application to Extend /
Change Nonimmigrant Status
For nonimmigrants in the United States
to apply for an extension of stay or
change to another nonimmigrant status.
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