Overview of Forms Texas Service Center Special Presentation October 2010 8 CFR 299.1 Instructions to...
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Transcript of Overview of Forms Texas Service Center Special Presentation October 2010 8 CFR 299.1 Instructions to...
Overview of Forms
Texas Service CenterSpecial Presentation October 2010
8 CFR 299.1Instructions to U.S. CIS Forms
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First, Some Terms… 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:
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-102 I129I-129F I-130 I-131I-140 I-485 I-539I-730 I-751 I-765
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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 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
Reasons LPRs may file: 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
Reasons LPRs or Conditional Residents may file: 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
Application for a new or replacement Form I-94: 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: 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: Extend Stay; Allow for change of status; or Change or correct biographical
information
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I-130, Petition for Alien Relative
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 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 No wait for Spouse, Child or Parent of
USC.
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I-130, Petition for Alien Relative USC may file for:
Spouse; Child; Unmarried son or daughter over age
21; or Married son or daughter.
USC over age 21 may also file for: Brother or sister, or Parent
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I-130, Petition for Alien Relative
Lawful Permanent Residents (LPRs) may apply for: Spouse; Child; or Unmarried son or daughter.
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I-131, Application for Travel Document
Filed to receive: Reentry Permit; Refugee Travel Document; or Advanced Parole Document.
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I-131, Application for Travel Document
A Re-entry Permit: Required when an LPR or CPR intends
to be out of U.S. for over 1 year. Valid for up to 2 years; or
Valid to conditional status expiration for CPRs.
Form I-327 is issued. Resembles machine-readable visa in
passport.
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I-131, Application for Travel Document
Refugee Travel Document: 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.
Resembles machine-readable visa in passport.
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I-131, Application for Travel Document
Advance Parole Document Alien inside the U.S.:
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.: 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 emergency
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I-131, Application for Travel Document
Issued as Form I-512 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 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: 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: 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 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: 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: 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… Family-based (I-130) Employment-based (I-140, I-360 or I-
526) Beneficiary is the “principal applicant” Family (derivatives) may accompany or
follow-to-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 removalCurrently 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: 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-to-join spouse/child.
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I-730, Refugee/Asylee Relative Petition
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 Beneficiary’s eligibility for asylum or
refugee status… 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 Beneficiary’s eligibility to be
classified as a spouse or child 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): Renewal EAD
After expiration or change in category Replacement EAD
Lost, stole or incorrect information Interim EAD
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: Asylees Refugees F1 students
Optional Practical Training Off-Campus employment
J2 Dependents M1 Students
Optional Practical Training
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I-765, Application for Employment Authorization
Examples of Eligibility for EAD (cont’d):
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: 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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I-129, Petition for Nonimmigrant Worker
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)
For alien fiancé(e) to enter the United States to marry a United States Citizen.