TSC Reference/Instruction Sheets

TEXAS SERVICE CENTER

ADJUDICATION REFERENCE SHEETS

Table of Contents

I-102 Application for Replacement/Initial Nonimmigrant Arrival-Departure Document

I-129 (E) Petition for a Nonimmigrant Worker (Treaty trader; Treaty Investor)

I-129 (F) Petition for Alien Fiancé

I-129 (H) Petition for a nonimmigrant Worker (Temporary worker or training)

I-129 (L) Petition for a Nonimmigrant Worker (In U.S. working for foreign company)

I-129(O) Petition for a Nonimmigrant Worker (Person of extraordinary ability)

I-129 (P) Petition for a Nonimmigrant Worker (Athlete; athletic team; entertainment group)

I-129 (Q) Petition for a Nonimmigrant Worker (International Cultural Exchange Program visitor)

I-129 (R) Petition for a Nonimmigrant Worker (Extension or Status Change - Religious Worker

I-130 Petition for Alien Relative

I-131 Application for Voluntary Departure (NACARA & NON-NACARA)

I-140 Petition for Immigrant Worker (1st; 2nd; and 3rd Preference)

I-212 Application for Permission to Reapply for Admission to the United States After Deportation or Removal

I-360 Petition for Amerasian, Widow, or Special Immigrant

I-485 Cuban Adjustment of Status (for eligible Cubans living in Florida)

I-485 Employment Based Adjustment of Status

I-485 NACARA Adjustment of Status

I-526 Immigrant Petition by Alien Entrepreneur

I-539 Application to Extend/Change Nonimmigrant Status

I-589 Application for Asylum and Withholding of Removal

I-601 Application for Waiver of Grounds of Excludability

I-612 Application for Waiver of the Foreign Residence Requirement of Section 212(e)

I-751 Petition to Remove the Conditions on Residence

I-765 Application for Employment Authorization

I-817 Application for Voluntary Departure Under The Family Unity Program

I-824 Application for Action on an Approved Application or Petition

I-829 Petition by Entrepreneur to Remove Conditions

I-90 Application to Replace Alien Registration Receipt Card

N400 Application for Naturalization

FORM I-102

APPLICATION FOR REPLACEMENT/INITIAL NONIMMIGRANT

ARRIVAL-DEPARTURE DOCUMENT

PURPOSE:

Form I-102 is an application for a new or replacement Form I-94 (Arrival - Departure Record) or replacement Form I-95 (Crewman's Landing Permit).

Form I-94 is an entry document given to an alien upon arrival. It states the alien's entry status, date and place of admission into the United States and expiration date on which you should depart the U.S.
Form I-95 is an entry document given to a person serving in any capacity on board a vessel or aircraft

If you are filing to replace a Form I-95, file this application at your LOCAL IMMIGRATION OFFICE.

WHO CAN FILE:

Any alien in the United States can file who:

Wants to replace a lost or stolen I-94 or I-95
Wants to replace a torn or worn out I-94 or I-95
Was not issued an I-94 or I-95 when admitted into the United States as a nonimmigrant and who is filing for an extension or change of status.

WHAT YOU NEED TO SEND:

Lost of Stolen Form I-94 or I-95

Copy of the I-94/I-95 you were given when you entered the United States.

Copy of the passport biographic page (Sample on page 2) AND a copy of the page with the Immigration admission stamp.

An explanation of why you cannot provide the above evidence
Proof of who you are and any evidence to prove legal admission into the United States.

Torn or Worn Out I-94/I-95

Attach the I-94/I-95 you were given when admitted into the U.S.

First Form I-94

Copy of any evidence which provides proof of your legal entry into the U.S.

I-129

PETITION FOR A NONIMMIGRANT WORKER CLASSIFICATION: E

PURPOSE:

File Form I-129, and the E Supplement page, if the alien beneficiary is in the in U.S. in E status, and you w ant an extension of stay;
OR, if the alien is in the U.S. in another valid nonimmigrant status, and wants to change to E status.
This form can not be filed to request initial E status for someone who is out of the U.S.

INCLUDES:

E-1 TREATY TRADER:

Someone who will be in the U.S. to carry on substantial trade between the U.S. and the treaty country of his or her nationality;
OR, the employee of someone who will be in the U.S. to carry on such trade.

E-2 TREATY INVESTOR:

Someone who has invested or is the process of investing a substantial amount of capital in an enterprise in the U.S.
OR, the employee of someone who has invested or is in the process of investing a substantial amount of capital in an enterprise in the U.S.

At least 50% of the U.S. enterprise must be owned by a national or nationals of a treaty country.

TREATY COUNTRY:

For the purpose of filing this petition, a treaty county is a foreign country that has a qualifying Treaty of Friendship, Commerce, or Navigation, or the equivalent, with the United States.

WHO CAN FILE:

An investor or trader can file the petition in his or her own behalf.
An employee of a treaty investor or treaty trader must be petitioned for by a person in, or eligible for treaty trader or treaty investor status.
OR, by an enterprise or organization that is at least 50% owned by a national or nationals of a treaty country.
The employee must have the same nationality as the employer.

WHAT TO SEND:

Proof of the person's current nonimmigrant status.
Proof that the alien is a national of a country with which the U.S. has a treaty.
Proof of ownership of the U.S. enterprise.

ALSO SEND:

For a Treaty Trader or Employee of a Treaty Trader:

Proof that at least 50% of the trade being conducted is between the U.S. and the treaty country.

I-129F

PETITION FOR ALIEN FIANCÉ(E)

PURPOSE:

This form is used to allow the fiancée(e) of a United States citizen to enter the United States so that they can many the United States citizen within 90 days of arriving in the United States.

WHO CAN FILE:

The United States Citizen can file this form for of his/her fiancé.

WHAT TO SEND:

Proof of your United States citizenship, for example:

Birth certificate issued from civil/government authorities (The State Vital Statistics Office).
Certificate of Citizenship (Form FS-240 Report of Birth Abroad of a United States Citizen).
Naturalization Certificate.
Valid United States passport (must be current cannot be expired).

Proof that you have seen your fiancé in person within two years before the filing of the I-129F petition, for example:

Dated photographs of you and your fiancé.
Photocopies of the airline tickets 'showing your travel to your fiancé's home country or vice versa (your fiancé's travel to the United States).
Photocopies of military orders assigning you to or from your fiancé's home country.
Photocopies of your United States Passport visa pages showing entry into your fiancé's home country.

Proof of the legal ending of all prior marriages you may have and that your fianc6(e) may have such as divorce decrees, death certificates, annulments.

Form G-325A (Biographic Information) for both you and your fiancé.

Two color photographs of you and two of your fiancé(e) taken within 30 days of the date you file the I-129F petition.

HOW TO FILL OUT FORM I-129F:

Answer every question.
If your answer is "NONE" or if the question does not apply to you, write "NONE" or "N/A".
Sign and date the form.
Whoever helps you with the form, must also sign the form.

I-129

Petition for a Nonimmigrant Worker Classification: H

PURPOSE:

File Form I-129 if you want to bring an alien to the U.S. temporarily to work or receive training;
OR, the alien beneficiary is currently in the U.S. in H status and wants an extension of the H status;
OR, the alien beneficiary is in the U.S. in another valid nonimmigrant status, and wants to change to H status.

INCLUDES:

H-1B: Temporary Workers in a specialty occupation, with a Department of Defense project, or in the field of fashion modeling.
H-2A: Temporary Agricultural Workers.
H-2B: Temporary Skilled Workers.
H-3: Trainees.

WHO CAN FILE:

A United States employer.

WHAT TO SEND:

For all classifications send two copies of the petition and supporting documents.

H-1B: For temporary workers in a specialty occupation, you must send:

An approved labor condition application, Form ETA 950, filed with the Department of Labor.
A statement that the employer will comply with the terms of the labor condition application during the alien's authorized period of stay.
Proof that the position qualifies as a specialty occupation.
Proof that the alien meets one of the following:
Holds a U.S. bachelor's degree needed in the occupation.
Holds a foreign degree determined to be equal to a U.S. bachelor's degree needed in the occupation.
Holds an unrestricted State license, registration or certification which authorizes full practice in the specialty occupation and is immediately engaged in that specialty in the State of intended employment.
Has education, specialized training, and/or progressively responsible experience that is equal to completion of a U.S. bachelor's degree needed in the occupation, and has been recognized for expertise in the specialty through progressively responsible positions directly related to the specialty.

H-1B: For temporary workers with a Department of Defense (DOD) project, you must send:

A letter from the DOD project manager for the project stating that the alien will be working on a cooperative research and development project or a coproduction project under a mutual Government-to-Government agreement administered by DOD.
A general description of the alien's duties on the project and indicate the actual dates of the alien's employment on the project.
A statement indicating the names of aliens currently employed on the project in the United States and their dates of employment. The petitioner shall also indicate the names of aliens whose employment on the project ended within the past year.
Proof that the alien has a bachelor's or higher degree or its equivalent in the field in which he or she will be working.

I-129

Petition for a Nonimmigrant Worker Classification: L

PURPOSE:

File this form along with the L Supplement page to temporarily transfer an alien to the U.S. to work for an employer that is a parent, branch, subsidiary, or affiliate of a foreign entity that employed the alien abroad.
OR, the alien beneficiary is currently in the U.S. in L status and wants an extension the L status.
OR, the alien beneficiary is in the U.S. in another valid nonimmigrant status, and wants to change to L status.
The alien must have been continuously employed by the foreign entity for at least one year in the three years before his or her application for admission into the United States.

INCLUDES:

L1A-An employee who will fill a position as a manager or executive;
L1B-An employee who has specialized knowledge of the petitioning organization and its business, or a member of a profession who has such specialized knowledge.

WHO CAN FILE:

Any employer wishing to bring an alien to the United States to work.

WHAT TO SEND:

Two copies of the petition and supporting documents.
Proof that the petitioner and the foreign entity that employed the alien abroad have a qualifying relationship. To do this, you must send documentation that establishes that the petitioner and the foreign entity are related in one of the following ways: affiliate, branch, subsidiary, or parent . Proof of ownership and control of the companies will establish such a relationship.
Proof that the alien will be employed in an executive, managerial, or specialized knowledge position, including a detailed description of the duties of the job.
Proof that the alien has at least one continuous year of full-time employment with a related organization in a foreign country within the three years before the filing of the petition.
Proof that the alien's prior year of employment with the foreign company was in a position that was managerial, executive, or involved specialized knowledge and that prior education, training, and employment qualifies the alien to do the job in the United States.
If the alien is an owner or major stockholder of the company, the petitioner must send evidence that the alien's services are to be used for a temporary period and that the alien will return to a job in another country.
Proof that the U.S. entity is or will be doing business as an employer in the United States and in at least one other country directly or through a parent, branch, affiliate, or subsidiary for the duration of the alien's stay in the U.S.

If the alien will be coming to the U.S. to open a new office, or if the petitioning U.S. employer has been in business for less than one year before filing this petition, you must also send:

Proof that property to house the business has been leased or purchased; and In the case of a manager or executive, proof that within one year of approval, the U.S. business will support a managerial or executive position; or in the case of a specialized knowledge employee, that the petitioner has the financial ability to pay the employee.

I-129

Petition for a Nonimmigrant Worker Classification: O

PURPOSE:

File Form I-129 if you want to bring someone who has extraordinary ability to the United States to work temporarily.
OR, the alien beneficiary is currently in the U.S. in O status and wants an extension of the O status.
OR, the alien beneficiary is in the U.S. in another valid nonimmigrant status, and wants to change to the O status.
Do not file the petition more than 6 months before you want the person to begin working in the U.S.

INCLUDES:

O-1: A person who has extraordinary ability in business, science, education, sports, or the arts; or a person who has a record of extraordinary achievement in motion pictures or television. Only one person can be included on the petition for O-1.

O-2: A worker coming to the. U.S. to assist the O-1. You can include more than one-worker on the
petition for O-2.

WHO CAN FILE:

An O-1 or O-2 petition may only be filed by a United States employer,
A United States agent,
Or a foreign employer through a United States agent.

WHAT TO SEND:

Two copies of the petition and supporting documents
Copies of contracts.
A letter that explains the type of performances, events, or activities.
A list of all planned performances, activities, or events with beginning and ending dates.
A letter from a labor organization stating that they do not object to the alien working in the U.S. Other proof listed below.

For an O-1 alien of extraordinary ability in the fields of science, education, business, or athletics, send proof of a major award, or at least three of the following:

Proof of any prizes or awards in the field of work;
Proof of the alien's membership in associations in the field of work, and membership requirements;
Proof of articles written about the alien;
Proof that the alien has judged the work of others;
Proof of the alien's original scientific, scholarly, or business-related contributions of major significance in the field;
Proof that the alien has written articles that have been published;
Proof that the alien has worked in an important position for other organizations;
Proof that the alien has been paid a high salary or will be paid a high salary.
For an O-1 alien of extraordinary ability in the arts, send proof of an important award

I-129

Petition for a Nonimmigrant Worker Classification: P

PURPOSE:

File Form I-129 if you want to bring an athlete, athletic team, or entertainment group to work in the U.S. temporarily.
OR, the alien beneficiary is currently in the U.S. in P status and wants an extension of the P status.
OR, the alien beneficiary is in the U.S. in another valid nonimmigrant status, and wants to change to P status.

INCLUDES:

P-1A: Professional Athletes
P-1B: Performer with Entertainment Group
P-1S: Support Person for P-1
P-2: Artist or Entertainer in Exchange Program
P-2S: Support Person for P-2
P-3: Artist or Entertainer in Culturally Unique Program
P-3S: Support Person for P-3

WHO CAN FILE:

A person or a company who agrees to hire or sponsor the athlete or entertainment group.

WHAT TO SEND:

Two copies of the petitions and supporting documents
Copies of contracts.
A letter which gives the dates of the events and tells what the alien will do. A letter from a labor organization which gives their approval.
Proof that the athlete or entertainment group is well known in more than one country.
Other proof listed below.

P-1A: For athletes, you must also send at least two of the following:

Proof that the athlete has played with a major United States sports league.
Proof that the athlete has been in international competition with a national team.
Proof that the athlete has played for a U.S. college in intercollegiate competition.
A letter from an official of the governing body of the sport which tells how the alien or team is well known in more than one country.
A letter from a member of the sports media or a recognized expert in the sport which tells how the alien or team is well known in more than one country.
Evidence that the athlete or team is ranked if the sport has international rankings.
Evidence that the athlete or team has received an important honor or award in the sport.

P-1B: For entertainment groups, you must also send all of the following:

Proof that the group has been performing regularly for at least one year.
A letter listing each member of the group and the exact dates each person has been working with the group.
Proof that the group has been internationally known for a long period of time. You should send proof of the group's international awards:

I-129

Petition for a Nonimmigrant Worker Classification: Q

PURPOSE:

File Form I-129 if you want to bring a foreign visitor to the U.S. to take part temporarily in an International Cultural Exchange Program.
OR, the alien beneficiary is currently in the U.S. in Q status and wants an extension of the Q status.
OR, the alien beneficiary is in the U.S. in another valid nonimmigrant status, and wants to change status to Q status.

WHO CAN FILE:

A U.S. or foreign organization,
OR its agent which runs the International Cultural Exchange Program.

WHAT TO SEND:

Two copies of the petition and supporting documents.
If filing for a program which has been approved in the past, send a copy of the initial program approval notice. If not, send all of the following:
Proof that the organization runs an-established international cultural exchange program.
Proof that the organization will offer working conditions and wages similar to those of local workers.
Proof that the organization has ch6sen a qualified employee as a representative who will run the program.
Proof that the organization is actively doing business in the U.S. and has employees.
A letter giving the date of birth, country of nationality, level of education, position title, and a brief job description for each cultural visitor included in the petition.
Proof that the organization can afford to pay the visitors.

REQUIREMENTS OF THE PROGRAM:

It must be in a school, museum, business, or other place where the public can access it.
It must involve the customs, history, philosophy, or traditions of the person's home country.
The work or training must be related to the cultural part of the exhibit.

REQUIREMENTS FOR CULTURAL VISITORS:

Be at least 18 years of age at the time the petition is filed.
Be qualified to perform the work or receive the type of training stated in the petition.
Have the ability to communicate well about the culture of his or her country to the public.
Have lived outside of the U.S. for the prior year, if he or she were previously admitted as a cultural visitor.
Have a residence in a foreign country which he or she has no intention of abandoning.

HOW TO FILL OUT FORM I-129

Answer every question including Supplement O/P/Q/R
If your answer is "NONE" or if the question does not apply to you, write "NONE" or "N/A".
Sign and date the form.
Whoever helps you with the form, must also sign the form.

I-129

Petition for a Nonimmigrant Worker Classification: R

PURPOSE:

File Form I-129 if you want to request an extension of stay for someone who is in the U.S. in R-1 status as a religious worker, or if you want to request a change of status to R-1 for someone who is in the U.S. in another valid nonimmigrant status. This Form can not be filed to request R-1 status for someone who is out of the U.S.

INCLUDES:

R-1: A person who intends to work in the U.S. as a religious worker for a period of not more than five years.

WHO CAN FILE:

The religious organization that wants to hire the alien worker must file the petition.

WHAT TO SEND:

Two copies of the petition and supporting documents.
Proof that the alien beneficiary is in the U.S. and proof that he or she was in valid nonimmigrant status on the day the petition was filed.
Proof that the alien has been a member of the same denomination as the organization that is filing the petition for at least 2 years before the I-129 is filed.
Proof that the petitioning organization is tax exempt according to the Internal Revenue Service tax code.
If the alien's religious membership was outside the United States, send a letter from the petitioning organization that states that the foreign and United States religious organizations belong to the same religious denomination.
A statement that includes the amount of salary, and describes any other benefits, such as housing, food, clothing.

If the alien is a minister, you must also send:

Proof that he or she is authorized to conduct religious worship for that denomination and to perform other duties usually performed by authorized members of the clergy of that denomination. Include a detailed description of the duties to be performed.

If the alien is a religious professional, send:

Proof that he or she has at least a United States bachelor's degree or its foreign equivalent, and that such a degree is required for entry into the religious profession.

If the alien is to work in another religious vocation or occupation, send:

Proof that he or she is qualified in the religious vocation or occupation. Evidence of qualifications may include, but need not be limited to, evidence establishing that the alien is a monk, nun, or religious brother, or that the type of work to be done relates to a traditional religious function.

I-130

PETITION FOR ALIEN RELATIVE

PURPOSE: This form is used to classify your relative as one of the following:

HUSBAND/WIFE:

WHO CAN FILE:

A United States Citizen
A Lawful Permanent Resident

WHAT TO SEND:

Proof that you are a United States Citizen:

Photocopy of birth certificate issued by the City, County or State (Hospital certificates ARE NOT acceptable)
Photocopy of your valid U.S. passport
Photocopy of your Naturalization Certificate.

Proof that you are a Legal Permanent Resident:
Photocopy of Alien resident Card I-551)
Photocopy of adjustment stamp in passport.
Photocopy of marriage certificate.
Proof of legal ending of all prior marriages, (Examples: final divorce decree; death certificate; annulment).
Form G-325A (Biographic Information) for both the petitioner and the beneficiary.
Two photos for both you and your husband/wife

PARENT (MOTHER/FATHER):

WHO CAN FILE:

A United States Citizen

WHAT TO SEND:

Proof that you are a United States Citizen (See Husband/Wife section above for examples of proof)
If filing the I-130 petition on behalf of your mother:
Photocopy of your birth certificate showing your mother's name on it.
If your mother has had a name change from what is written on your birth certificate, send proof of the legal name change.

If filing the I-130 petition on behalf of your father:

Photocopy of your birth certificate showing your father's name on it.
Photocopy of the Marriage certificate of your mother and father.
Proof of legal ending of your parents' prior marriages, if any, issued by civil authorities (Examples: divorce decree; death certificate; annulment).
If your father was not married to your mother you must send proof of a father-child relationship. The paper(s) must show the names of the father and the child. Examples include the following:
Baptismal certificate of the child
Early school records of the child,
Life insurance forms showing the name of the child and the name of the father.
Receipts for money orders, checks, etc , where the father shows that he has supported the child on a monthly basis for many years
Medical forms (shot records, birth records, etc.) where the father has paid for the birth of the child and/or other forms of medical bills in reference to the child.
Any other papers which clearly show the name of your father and your name and your date of birth.
If your father has changed his name from what is written on your birth certificate, send proof of his legal name change.

CHILD:

WHO CAN FILE:

A United States Citizen
For unmarried children under 21 years of age
For unmarried children over 21 years of age
For married children

Form I-131 Application for Reentry Permit, Refugee Travel Document, or Advance Parole (Cuban & Employment-Based I-131 Cases)

PURPOSE:

This form is used to apply for a Reentry Permit, Refugee Travel Document, or Advance Parole. The following: information is designed to be an aid to anyone who needs to file the Form I-131. This sheet may not cover every situation/condition.

WHO CAN FILE:

This form is used by any person (principal alien) , their spouse, and dependents, that qualify for permanent resident status: Under the Cuban Adjustment Art and has a pending Form I-485 on file, or

The principal alien has an approved employment-based case on file (Form I-140,I-526, or I-360) and has a pending Form I-485 on file

If a person is a principal in the United States and:

Submits verified documentation of his/her existing A number
Has been physically present in the U.S. at the time of filing the Form I-485.
Submits a copy of the I-485 Receipt Notice
If Employment-Based I-131, must also submit a copy of the I-140,I-526, or I-360 Approval Notice

If a person is a spouse and is in the United States and:

Submits verified documentation of his/her existing A number
Has verified family relationship by way of marriage/divorce decrees.
Submits a copy of the I-485 Receipt Notice
Has been physically present in the U.S. at the time of filing the Form I-485

If a person is a dependent child (unmarried son/daughter under 21) and in the United States and:
Submits verified documentation of his/her existing A number
Has verified family relationship byway of birth/baptismal certificate, adoption decree, or passport
Submits a copy of the I-485 Receipt Notice
Has been physically present in the U.S. at the time of filing the Form I-485

WHERE TO FILE:

The Form I-131 may be filed with the Texas Service Center by applicants with residence in the following states: Texas, New Mexico, Oklahoma, Louisiana, Mississippi, Alabama, Florida, Georgia, South Carolina, North Carolina, Tennessee, Kentucky, and Arkansas.

The following applicants must file at the Northern Service Center:

A permanent or conditional resident applying for reentry permit,
Those with refugee or asylee status applying for a Refugee Travel Document,
Permanent resident as a direct result of refugee or asylee status and applying for a Travel Document
The Local Office: If the Form I-485 is pending at the local office, the I-131 should be filed there too.

United States INS Office of International Affairs And Parole:

Form I-131

Application for Reentry Permit, Refugee Travel Document, or Advance Parole (NACARA-Based I-131 Cases)

PURPOSE:

This form is used to apply for a Reentry Permit, Refugee Travel Document, or Advance Parole.

WHO CAN FILE:

This form is used by any person (principal alien) , their spouse, and dependents, that qualify for permanent r6sident status under the Nicaraguan Adjustment and Central American Relief Act that seek temporary departure or entry out/into the United States. The principal alien must have a form I-485 (Application for Adjustment) on file and reside in the United States.

WHAT TO SEND:

If a person is a principal in the United States and:

Is a National of Nicaragua or Cuba
Has absences of less than 180 days from the United States
Has been physically present in the U.S. for a continuous period beginning not later than 12/01/95 and ending not earlier than the date the application
Does not have a Final Order of Removal unless a waiver, form has been approved

If a person is a dependent (spouse or child and is in the United States and:

Is a National of Nicaragua or Cuba
Has verified family relationship by way of marriage/birth certificate, divorce, or adoption decrees.
Has been physically present in the U.S. at the time of filing the Form I-485
Does not have a Final Order of Removal unless a waiver form has been approved

If a person is a dependent unmarried son/daughter over 21 and in the United States and:

Is a National of Nicaragua or Cuba
Has verified family relationship by way of birth certificate or passport.
Verified commencement and continued physical presence in the U.S. since 12/01/95 to the time of filing
Does not have a Final Order of Removal unless a waiver form has been approved

WHAT TO SEND:

If a person currently outside the U.S. and seeks parole in order to apply for adjustment as a principal:

Must submit a copy of I-485 and supporting documents which they intend to file once paroled into the U.S.
No fee for I-485 is required

If a person currently outside the U.S. and seeks parole as a dependent of an adjusted principal alien:

Must submit a copy of I-485 which he or she intends to file
Must submit a copy of principal's I-485 and supporting documents
Proof of family relationship by way of marriage/birth certificate, divorce, or adoption decrees.
The dependent's Form I-131 can not be approved until the principal's I-485 has been approved

I-140

Petition for Immigrant Worker

First Preference

PURPOSE:

File Form I-140 if you want to classify an immigrant alien to come to the United States to work.

FIRST PREFERENCE INCLUDES:

E11: Alien with extraordinary ability
E12: Outstanding professor or researcher
E13: Multinational executive or manager

WHO CAN FILE:

A U.S. employer may file Form I-140 for an E11, E12, or E13 alien.
Any person can file Form I-140 for an alien who has extraordinary ability.

WHAT TO SEND:

E11: For an alien with extraordinary ability, you must send:

Proof that the alien is coming to the United States to work in the area of expertise. Proof may include letters from prospective employers, contracts, or a statement from the alien telling how he or she intends to continue his or her work in the United States.
Proof that the alien has sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise. Include proof of a major, international award, or at least three of the following:

Proof that the alien received lesser nationally or internationally recognized prizes;
Proof that the alien belongs to associations which require outstanding achievements, as judged by recognized national or international experts in the field;
Published material about the alien in professional or major publications;
Proof that the alien took part as a judge of the work of others in the same field;
Proof of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
Proof that the alien wrote scholarly articles in the field for major publications;
Proof of the display of the alien's work at artistic exhibitions or showcases;
Proof that the alien has performed in a leading role for well-known organizations;
Proof that the alien has earned a high salary in the field;
Proof that the alien has had commercial successes in the performing arts.

E12: For an outstanding professor or researcher, you must send:

Evidence that the alien is known in more than one country as outstanding in the academic field Send two or more of the following:
Proof of major awards for outstanding achievement in the academic field,

I-140

Petition for Immigrant Worker

Second Preference

PURPOSE:

File Form I-140 if you want to classify an immigrant alien to come to the United States to work.

SECOND PREFERENCE INCLUDES:

E21: Professional with an advanced degree or a person of exceptional ability

WHO CAN FILE:

A U.S. employer may file Form I-140 for the alien.
Any person can file Form I-140 for an alien who is claiming exceptional ability and who is seeking an exemption from the job offer in the national interest.

WHAT TO SEND:

Send an ETA 750 that has been certified by the Department of Labor, an application for Schedule A designation,
or proof that the alien qualifies for one of the shortage occupations in the Department of Labor's Labor Market Information Pilot Program.
Proof of your ability to pay the offered wage.

E21: For a professional with an advanced degree, you must send:

Proof that the alien is a professional with an advanced degree, including one of the following:

An official academic record showing that the alien has a U.S. advanced degree or a foreign equivalent degree;
An official academic record showing that the alien has a U.S. bachelor's degree or a foreign equivalent degree, plus letters from employers showing that the alien has at least five years of progressive post-baccalaureate experience in the specialty.

E21: For an alien of exceptional ability in the sciences, arts, or business, you must send:

Proof that the alien has exceptional ability in the sciences, arts, or business including three or more of the following:

An official academic record showing that the alien has a degree, diploma, or certificate from a college, university, school, or other institution relating to the area of ability;
Letters from current or former employers showing that the alien has at least ten years of full-time experience in the occupation;
A license to practice the profession or certification for a particular profession or occupation;
Proof the alien has earned a high salary;
Proof of membership in professional associations;
Proof of recognition from peers, governmental entities, or professional or business organizations for the alien's achievements and contributions to the field.

The certified ETA 750 must establish that the position requires a person with in advanced degree or a person of exceptional ability

I-140

Petition for Immigrant Worker

Third Preference

PURPOSE:

File Form I-140 if you want to classify an immigrant alien to come to the United States to work.

THIRD PREFERENCE INCLUDES:

E31: Skilled worker
E32: Professional with a bachelor's degree
EW3: Other worker (unskilled)

WHO CAN FILE:

A U.S. employer may file Form I-140 for-the alien.

WHAT TO SEND:

Send a Form ETA 750 that has been approved by the Department of Labor, an application for Schedule A designation,
OR proof that the alien qualifies for one of the shortage occupations in the Department of Labor's Labor Market Information Pilot Program.
Proof of ability to pay the wage offered.

E31: For a skilled worker, you must also send:

Letters from trainers or employers giving the name, address, and title of the trainer or employer, and a description of the training received or the experience of the alien.
Proof that the alien meets the requirements of the ETA 750, meets the requirements for Schedule A designation, or meets the requirements for the Labor Market Information Pilot Program occupation designation. The minimum requirements are two years of training or experience.

E32: For a professional with a bachelor's degree, you must also send:

Proof that the alien holds a United States bachelor's degree or a foreign equivalent degree.

Include an official college record showing the date the degree was awarded and the area of study.

Proof that the alien is a member of the professions.

Submit evidence showing that the minimum of a baccalaureate degree is required for entry into the occupation.

EW3: For other workers (unskilled), you must also send:

Proof that the alien meets any educational, training and experience, and other requirements of the labor certification.

FORM I-212

APPLICATION FOR PERMISSION TO REAPPLY FOR ADMISSION TO

THE UNITED STATES AFTER DEPORTATION OR REMOVAL

PURPOSE:

An I-212 is an application to cancel the 5-, 10- and 20- year periods a person must wait before returning to the United States after deportation, exclusion or removal. "Deportation" means leaving the United States because an Immigration Judge decided that you were, under the law, not qualified to stay in the United States and gave you or sent you a formal order requiring you to leave. "Exclusion" means being kept from entering the United States after an Immigration Judge decided that you were not qualified to enter. The word "removal" is often used instead of "deportation" or "exclusion".

CAN BEING DEPORTED, EXCLUDED OR REMOVED FROM THE UNITED STATES KEEP A PERSON FROM RETURNING?

Yes. Generally, deported, excluded or removed people must wait 5, 10 or even 20 years before being allowed to try to return to the United States. Documents given to the removed person tell him how long he must wait. If INS approves an I-212, those waiting periods are canceled. However, even if INS approves an I-212, the person must still meet other requirements, such as having a visa.

WHO CAN FILE:

Any person who has been ordered deported, excluded or removed from the United States by an Immigration Judge.
Any whom the Immigration Judge ordered to leave the United States by a certain date but didn't leave.

WHAT TO SEND:

If you want the 5, 10- or 20-year waiting periods canceled because your family needs you in the United States, send:
Proof that shows you are related to your family members. For example send photocopies of your marriage certificate and copies of your children's birth certificates;
Your own letter to INS telling ALL reasons your family needs you in the United States;
If anyone has filed a visa petition for you, send proof that the visa petition was filed.

If you do not have family members in the United States, send:
Your letter telling ALL reasons you need to be in the United States besides having family members here,
Proof of what you say in your letter. For example, if your employer filed a visa petition for you and INS approved it, send proof.

HOW TO FILL OUT FORM I-212:

Answer every question.
If your answer is "NONE" or if the question does not apply to you, write "NONE" or "N/A".
Sign and date the form.
Whoever helps you with form, must also sign the form

I-360

Petition for Amerasian, Widow, or Special Immigrant

PURPOSE: The I-360 is used to classify an alien as one of the following:

AMERASIAN:, An alien who was born in Korea, Vietnam, Laos, Kampuchea, or Thailand after December 31, 1950, and before October 22, 1982, and whose father is a U.S. citizen.

WHO CAN FILE:

Any person who is 18 years of age or older, or a U.S. corporation.

WHAT TO SEND:

Proof that the alien was born in one of the countries listed above.
Proof that the father of the alien was a U. S. citizen.
A photograph of the alien.
If the alien is married, send a copy of the marriage certificate.
If the alien is divorced, send a copy of the divorce decree.
If the alien is under 18 years of age, you must send a letter from the mother or guardian that gives permission for the alien to live in the U.S. It must give the mother or guardian's name, address, date of birth and place of birth.

WIDOW OR WIDOWER: Someone who was married for at least 2 years to a United States citizen who died.

WHO CAN FILE:

If your U.S. citizen, husband or wife died less than two years ago, you can file this petition for yourself.

WHAT TO SEND:

Proof your husband or wife was a United States citizen at the time of death.
A copy of your marriage certificate to the U.S. citizen.
A copy of the United States citizen's death certificate.
Proof that you have not remarried.

SPECIAL IMMIGRANT RELIGIOUS WORKER:

An alien who will be employed by a nonprofit religious organization in a traditional religious occupation, in a professional position, or as a minister.

WHO CAN FILE:

The petition may be filed by the alien or the nonprofit religious organization.

WHAT TO SEND:

Proof that the religious organization is exempt from taxation according to section 501(c)(3) of the Internal Revenue Service tax code.
Proof that the worker has been a member of the same denomination as the organization offering the job, for 2 years prior to filing the petition.
A job offer from the religious organization . This must state the duties of the position and how much the worker will be paid.
Proof that the worker is qualified for the job.
Proof that the organization has the financial ability to pay the worker.

PANAMA CANAL ZONE EMPLOYEE:

An alien who was an employee of Panama Canal Company or the Canal Zone government before October 1, 1979, and had been an employee for 1 year or more; or
A national of Panama who retired before October 1, 1979, with 15 years or more of service; or
An alien who was employed by the U.S. Government in the Canal Zone before October 1, 1979, with at least 15 years of service and who has since retired; or
An alien who was employed by the Panama Canal Company or Canal Zone Government on October 1, 1979, and was employed 5 years or more, and whose personal safety is in danger because of the nature of that employment.

WHO CAN FILE:

You may file this petition for yourself if you qualify as a Panama Canal Zone Employee as defined above.

WHAT TO SEND:

A letter from Panama Canal Company, Canal Zone Government, or the United States employer that states the length and circumstances of employment, and indicates any retirement or termination.
If applicable, evidence of danger to your personal safely because of the nature of that employment.

FORM I-485

APPLICATION FOR STATUS AS PERMANENT RESIDENT

CUBAN

PURPOSE:

An I-485 is an application to Adjust Status to that of a Lawful Permanent Resident.

WHO CAN FILE:

Anyone born in or is a national of Cuba.
Entered into the United States legally
Has been physically present in the United States for at least one-year.
AND IS LIVING IN THE STATE OF FLORIDA.

WHAT TO SEND:

G-325A
Copy of your I-94 Arrival and Departure Card
If you are 14 years of age or older submit a letter of clearance from the Police Department or Sheriffs Office from every city in the United States where you lived for six months or more. If you have ever been arrested, submit a copy of all arrest records and a document showing the final outcome of each case
Copy of your birth certificate with English translation
Copy of your marriage certificate with English translation
Copy of divorce decrees with English translation
IRS form 9003
Two photographs

I-693 (Medical Exam)

FORM I-485

APPLICATION FOR STATUS AS PERMANENT RESIDENT

EMPLOYMENT BASED

PURPOSE:

An I-485 is an application to Adjust Status to that of a Lawful Permanent Resident.

WHO CAN FILE:

Any applicant who has an approved I-140 or I-360 or I-526 and whose VISA is immediately available.

WHAT TO SEND:

G-325A
Copy of I-797 approval notice for I-140 or I-360 or I-526
Current employment letter on company letterhead (for principal)
I-134 affidavit of support (for all dependents, must be filled out completely front & back)
Proof of the applicant's initial lawful admission into the United States and the applicant's continued maintenance of status. This may include the following:
photocopy of the applicant's entire passport including all previously issued passports.

photocopy of the Form I-797 Approval Notices for all extension and change of status;
photocopy of the Form I-20 or IAP-66 school records (front and back, including all school annotations);
photocopy (front and back) of the applicant's Form I-94 Arrival/Departure Record

Copy of birth certificate with English translation
Copy of marriage certificate with English translation
Copy of divorce decrees with English translation
Two photographs
IRS form 9003
I-693 (Medical Exam)

FORM I-485

APPLICATION FOR STATUS AS PERMANENT RESIDENT

NACARA

PURPOSE:

An I-485 is an application to adjust status to that of a Lawful Permanent Resident

WHO CAN FILE:

A national of Nicaragua or Cuba,
That has been physically present in the United States continuously since on or prior to December 1, 1995,
Is admissible to the United States, AND
Is physically present in the United States at the time of filing.

WHAT TO SEND:

Persons 14-years or older must submit a police clearance from each city where-you lived for 6 months or longer since arriving in the United States.

FOR PRINCIPAL APPLICANTS:

Proof that you were physically present in the United States on or prior to December 1, 1995.
Proof of your continued physical presence in the United States since December 1, 1995.
List all absences from the United States since December 1, 1995.

FOR DEPENDENTS:

Wife/Husband/Child (under 21-years old):

Proof you had and continue to have a lawful family relationship on or before the date the principal received permanent residency via NACARA,
Proof you are a national from Nicaragua or Cuba,
You must be physically present in the United States at the time of riling.

Unmarried son or daughter (21-years or older):
Proof you were physically present in the United States continuously since December 1, 1995,
Information about any absences outside the United States since December 1, 1995,
Proof of your lawful relationship to the principal,

Proof that you are a national of Nicaragua or Cuba.
You must be in the United States at the time of filing.

I-526

Immigrant Petition by Alien Entrepreneur

PURPOSE:

File Form I-526 if you want status as an alien entrepreneur who has invested or is in the process of investing either $1,000,000.00 U.S. dollars in a new business which will create ten (10) new jobs or $500,000.00 U.S. dollars in a new business within a targeted employment area which will create ten (10) new jobs.

WHO CAN FILE:

An alien who has invested or is in the process of investing the required amount of capital in a new business, which will create ten (10) full-time jobs for U.S.-citizens, lawfully admitted permanent residents, or other immigrants authorized to work. These jobs do not include the alien, the alien's spouse, the alien's son or daughter, or any nonimmigrant alien.

WHAT TO SEND:

Proof that you have invested or are in the process of investing lawfully obtained capital in a new commercial enterprise in the U.S., which will create full-time jobs for at least 10 qualifying employees.
A letter clearly explaining how the evidence submitted establishes compliance with each requirement listed below. If you refer to multiple investments or sources of income, please provide an itemized list of each sum and a reference to the related evidence.

Evidence that you have established a new commercial enterprise should include, as applicable:
Articles of incorporation, partnership agreement, certificate of limited partnership, joint venture agreement, business trust agreement, or other similar organizational document for the enterprise;
A certificate proving authority to do business in a state or municipality; or, if the form of the business does not require any such certificate or the state or municipality does not issue such a certificate, a statement to that effect; or
Evidence that, after November 29, 1990, the required amount of capital for the area in which an enterprise is located has been transferred to an existing business, and that the investment has resulted in a 40 percent increase in the net worth or number of employees (or both) of the business. This evidence must be in the form of stock purchase agreements, investment agreements, certified financial reports, payroll records or any similar instruments, agreements, or documents proving the investment in the enterprise and the change in the net worth and/or number of employees.

Evidence that you have invested or are actively in the process of investing the required amount of capital. You must establish that you have placed the required amount of capital at risk for the purpose of generating a return on the capital placed at risk. You must show actual commitment of the required amount of capital. Such evidence may include, but is not limited to:
Bank statements for both the Petitioner and the new business showing amount deposited by the Petitioner in the U.S. business accounts of the new business;
Evidence of all assets which have been purchased for use in the U.S. enterprise, including invoices, sales receipts, and purchase contracts containing sufficient information to identify such assets, their purchase costs, date of purchase, and purchasing entity;

Evidence of all property transferred from abroad for use in the U.S. enterprise, including U.S. Customs Service commercial entry documents, bills of lading, and transit insurance policies containing ownership information and sufficient information to identify the property and to indicate the fair market valuation of such property;
Evidence of monies transferred or committed to be transferred to the new commercial enterprise in exchange for shares of stock (voting or nonvoting, common or preferred); or
Evidence of any loan or mortgage agreement, promissory note, security agreement, or other evidence of investment

I-539

APPLICATION TO EXTEND/CHANGE NONIMMIGRANT STATUS

PURPOSE:

Nonimmigrant aliens extending length of stay in the United States or Changing status in the U.S.

WHO CAN FILE THIS FORM:

People with the class or status code of. A-1, A-2, A-3, B-1, B-2, F-1, F-2, G, I, J-1, J-2, M-1, M-2, N-8, N-9, or NATO I-7. Dependents (wife, husband, or child) of an E, H, L, O, P, or R.

WHO CANNOT FILE:

People with the class or status-code of C, D, E, H, Y, L, O, P, Q, R, TN, TD, TWOV, WB, WT or any intended immigrants.

HOW TO FILL OUT FORM I-539:

Answer every question.
If your answer is "none" or if the question does not apply to you, write "none" or "N/A".
Sign and date the form.
If someone helps you with the form, they must sign it also.
More than one person may be on each I-539 if the other person is a dependent (husband, wife, or unmarried child under 21).

WHAT TO SEND:

When you came to the U.S. you were given a "status" code. The status code is listed on your I-94, your visa, or stamped in your passport. The following is what is needed for "extensions" of each status . If you want to "change" to another status, you must send proof of the status you have now, and, proof that you qualify for the new status.

A - Clear copies of your I-94, your passport, your visa, Form I-566, a work letter that tells about your job, and your employers I-94 in some cases.
B1 - Clear copies of your I-94 and your passport. A letter from your employer that tells why an extension is needed and why the business was not finished on time. Send proof of your plans to return home within a certain time, proof that you can pay for your stay, and a letter that tells where the money comes from. If you are a domestic servant you will need to send clear copies of your contract, your employment card (EAD) or proof that you have filed Form I-765 for the card, and proof of your employer's status.
B2 - Clear copies of your I-94, your passport, a letter that tells why you need to stay longer, proof that shows you plan to go back to your home country, proof that you can pay for your stay, a doctor's letter (if your visit is for medical), and any other proof that may help tell why you need to stay in the U.S.
E "dependent" - Clear copies of your I-94, your passport, and the approved E's I-94 or I-797.
F1 - Clear copies of your I-94 and your passport. Send both pages of the I-20 (signed by the student and the School Official), and send proof that shows you can pay for your school and living costs.
F2 - Clear copies of your I-94, your passport, and of the F1's approved I-20.

I-589

APPLICATION FOR ASYLUM AND FOR WITHHOLDING OF

DEPORTATION

PURPOSE:

Form I-589 is for any alien who is in the United States and wants to file for asylum or withholding of deportation.

WHO CAN FILE:

You can file this form if you are not able or do not want to return to your home country because you have been persecuted against or have a real fear of being persecuted against because of your race, religion, nationality, social memberships, or because of your political opinion.

WHO CANNOT FILE:

U.S. Citizens, Lawful Permanent Residents, or Conditional Residents.

HOW TO FILL OUT FORM I-589:

WHO MAY FILE ON ONE I-589
You may list your husband, your wife, or any of your unmarried children who are under the age of 21, if they are in the U.S., on your I-589.
When a child turns 21 or gets married, he or she must file their own I-589.

Answer every question.
If your answer is "NONE" or if the question does not apply to you, write "NONE" or "N/A".
Sign and date the form.
If someone helps you with the form, they must also sign the form.
Make sure that you are using the correct Form I-589. At this time, the Form I-589 that you want to use is: Form I-589 (Rev. 5-01-98).

WHAT TO SEND:

Copies of your I-589 for yourself, and, one more copy for each other person.
Two (2) color photos for each person.
A marriage certificate for your husband or wife, if any.
A birth certificate for each child, if any.
Send photos, newspaper stories, videos, names of other people who know about your troubles, or other printed papers.
You may send other items if you think that they will help prove your claim.

FINGERPRINTS:

You will get a letter from the INS after you file the I-589 and it will tell you when and where to go to be finger printed.

FORM I-601

APPLICATION FOR WAIVER OF GROUNDS OF EXCLUDABILITY

PURPOSE:

An I-601 is an application to have INS excuse some crimes, immigration violations and illnesses as reasons for keeping a person from entering the United States or living in the United States permanently.

WHO CAN FILE:

Any person who:

Has been convicted of a serious crime, such as theft or assault, or who admitted to INS having committed a serious crime; (According to law, INS cannot approve an I-601 if the crime is murder); OR
Has been convicted of two or more less serious crimes or misdemeanors where the sentences (penalties) actually imposed added up to 5 years or more, OR
Has been convicted of having 30 grams or less of marijuana only for personal use, not to sell, OR
Has, within the last 10 years, worked as a prostitute, brought prostitutes to the United States, or received money for the work of prostitutes, OR
Has told INS something that was untrue or used a false document to be allowed to enter the United States, to be given a green card , employment authorization or anything else INS can, under law, give people who are qualified. This includes people who TRIED to get these things by making false statements or using false documents but were unsuccessful. (An I-601 cannot be approved if the applicant falsely claimed to be a United States citizen on or after April 1, 1997.) OR
Has been in the United States illegally for a total of 180 days or more after April 1, 1997, OR
Has a serious contagious illness, including tuberculosis or HIV, has or had a physical or mental disorder of possible harm to others, or failed to receive required vaccinations against less serious illnesses.

WHAT QUALIFICATIONS ARE REQUIRED?

To have INS excuse crimes,
An applicant must be a husband, wife, parent, son or daughter of a United States citizen or lawful permanent resident (green card holder).
Sons and daughters can be of all ages, married or unmarried.

The applicant must prove that these family members would suffer extreme hardship if the applicant were absent from the United States.

To have INS excuse false statements or use of false documents or illegal presence in the United States for 180 days or more beginning on April 1, 1997,
The applicant must be the husband, wife, son or daughter of a United States citizen or lawful permanent resident .
Sons and daughters can be of all ages, married and unmarried.
The applicant must prove, as above, that his or her absence would cause extreme hardship to these family members.

To have INS excuse serious contagious illnesses

the applicant must be a parent, husband, 0ife or unmarried son or daughter A United States citizen or lawful permanent resident.

- "Lawful permanent resident" includes people who have been given immigrant visas (entry documents for people who plan to live in the United States permanently).

Under certain conditions the applicant can be an adoptive child of a United States citizenor lawful permanent resident.

FORM I-612

APPLICATION FOR WAIVER OF THE FOREIGN RESIDENCE REQUIREMENT OF

SECTION 212(e) OF THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED

PURPOSE:

An I-612 is an application to waive the 2-year home country residence requirement of Section 212(e) of the Immigration and Nationality Act.

WHO CAN FILE:

Any "J-1" exchange visitor who:
is subject to the two-year home country residence requirement. AND

who has, after the end of his or her stay in the United States as an exchange visitor, not spent a total of 2 years in his or her home country, AND
- who has a spouse, child or children who are United States citizens or lawful permanent resident aliens, AND
- whose spouse and/or child(ren) would suffer hardship if the exchange visitor returned to his/her home country for 2 years.
- An I-612 can also be filed by an exchange visitor who cannot return to his or her home country due to fear of persecution based on race, religion or political opinion. ("Home country" can also mean a country where the exchange visitor lived as a legal-permanent resident alien of that country.) This I-612 does NOT require that the exchange visitor have a spouse or children.

WHAT TO SEND:

IF THE I-612 IS BASED ON HARDSHIP TO UNITED STATES CITIZEN OR LAWFUL PERMANENT RESIDENT SPOUSE AND/OR CHILD(REN):
Photocopies of all of the exchange visitor's IAP-66's ["Certificate of Eligibility for Exchange Visitor (J-1) Status"];
Photocopies of the exchange visitors' and spouse's marriage certificate, proof of legal termination of any prior marriages, and proof of spouse's status as a United States citizen or lawful permanent resident;

Photocopies of children's birth certificates identifying parents. For any child born outside the United States, include proof of the child's status as a United States citizen or lawful permanent resident.
The exchange visitor's own letter, dated and signed, describing ALL hardship to be suffered by his or her spouse and/or children. Include a doctor's letter if the spouse or a child has a medical condition that should be considered. The doctor's letter must describe the condition and how it affects the spouse or child, including how long the condition is expected to need treatment.

IF THE I-612 IS BASED ON PERSECUTION:

Copies of all of the exchange visitor's IAP-66's;

- The exchange visitor's own letter, dated and signed, describing how and why he or she would suffer persecution as a result of returning to the home country or country of last legal permanent residence.

A WAIVER APPLICATION DOES NOT ALWAYS REQUIRE THE FILING OF FORM I-612.

I-751

PETITION TO REMOVE THE CONDITIONS ON RESIDENCE

PURPOSE:

The I-751 is used to remove the conditions on permanent residence due to a marriage to a United States Citizen or a Lawful Permanent Resident.

WHO CAN FILE:

A Conditional Permanent Resident can file jointly with their husband/wife (JOINT PETITION)

Conditional Resident child can be included on the parent's petition if the child obtained their status at the same time as the parent or within 90 after the parent obtained their status.

A Conditional Permanent Resident can file by themselves (WAIVER PETITION) for the following reasons:
Husband/wife is deceased/died.

You married in good faith, but the marriage was ended by divorce/annulment.
A conditional resident husband/wife who married in good faith, or a conditional resident child who has been beaten, abused, tormented, or subjected to extreme mental cruelty by the citizen or permanent resident husband/wife or parent.
The ending of your status and removal from the United States would cause extreme hardship and make it very hard for you to move out of the United States and live in the country that you were born.

A child who entered as a conditional permanent resident but can not be included in a Joint Petition filed by his/her parent.
A child cannot be included on the parent's petition if the child obtained their status as a conditional Permanent resident before the parent or more than 90 days after the parent.
Conditional Resident parent has died.

WHAT TO SEND:

If filing a JOINT PETITION send proof that you and your spouse are living together as husband and wife: Examples of evidence are:

Papers that show you both own property together (deed).
Apartment or house lease showing that you and your husband/wife live together.
Papers showing that you and your husband/wife share the same money (bank account statements showing a joint savings and/or checking account).

Bills with you and your wife/husband's name on them (credit cards and utility bills).
Insurance papers that show each other as beneficiaries.
Military forms for dependents.
Photos of you and your husband/wife together.

FORM I-765

APPLICATION FOR EMPLOYMENT AUTHORIZATION

PURPOSE: This form is used to apply for an Employment Authorization Document. The following information is designed to be an aid to anyone who needs to file the Form I-765

WHO CAN FILE AND WHAT BASIC DOCUMENTS MUST BE SUBMITTED: Any person (not a U.S.- Citizen, Permanent Resident, or Conditional Permanent Resident) who wishes to obtain an Employment Authorization Document for employment in the United States.

WHO CAN FILE BASIC DOCUMENTS

(A)(3) Admitted as Refugee			I-94,I-730 approval Notice

(A)(4) Paroled As Refugee			I-94

(A)(5) Asylum Granted				Appeal Immigration Judge letter, I-730 Approval Notice

(A)(6) Fiance(e)				I-94, Passport

(A)(7) N-8 or N-9 Nonimmigrant			I-94, Passport

(A)(8) Micronesia/Marshall Islands		I-94, Passport, Birth Certificate

(A)(10) W/H of Deportation Granted		Order from Immigration Judge

(A)(11) EVD/DED Granted  			Order from Immigration Judge

(A)(12) TPS Granted				I-797, Temporary Protected Status Grant Letter

(A)(13) Family Unity Granted			I-797 Approval Notice

(C)(1) A-1/A-2 Dependent  			I-94, Proof of Principal's Status

(C)(2) CCNAA Dependent				I-94, copy of Principal's I-94 & employment status, proof of relationship

(C)(3)(1) F-1 Optional Practical Training	Form I-20 A-B/I-201D, DSO Recommendation

(C)(3)(2) F-1 International Organization	Form I-20, International Organization & DSO Recommendation, I-538

(C)(3)(3) F-1 Economic Necessity		Form I-20, DSO Recommendation, I-538 & Proof of economic necessity

(C)(3)(4) Special Student Relief Program	Form I-20, DSO Recommendation, & I-538

(C)(4) G-1/G-4 Dependent 			I-94, Proof of Principal's status

(C)(5) J-2 Nonimimigrant			I-94, copy of IAP-66, work cannot assist J-1

(C)(6) M-1 Practical Training			Form I-20, Recommendation of DSO

(C)(7) NATO Dependent				I-94, Proof of Principal's status

(C)(8) Asylum Pending 				Verification from Admin. Appeals Office or Immigration Judge

(C)(9) I-485 Application Pending		Filing Receipt, District Office Verification, or new form I-485

(C)(10) Suspension of Deportation		Suspension Order, Appointment Notice for Hearing

(C)(11) Paroled/Emergent Reasons		I-94, Passport

(C)(12) Voluntary Departure Granted		I-817 Receipt Notice, Voluntary Departure Notice

(C)(14) Deferred Action Granted  		Hearing notice/I-515, proof of economic necessity

(C)(16) Section 249 Registry applicant		I-485 Receipt Notice

(C)(17)(1) B-1 Domestic of Nonimmigrant		I-94, employer's status, employment letter

(C)(17)(2) B-1 Domestic of US Citizen		I-94, verification of employment/ employment contract

(C)(17)(3) B-1 Airline Employee			I-94, verification of employment/ employment contract

(C)(18) Order of Supervision			Copy of order, proof of economic necessity

(C)(19) TPS Application				I-821 filing receipt, proof of identity and nationality

(C)(20) Legalization				Pending Legalization case pursuant to Section 210 of the Act

(C)(22) Legalization				Pending Legalization case pursuant to Section 245A of the Act

ALL SUBMIT TWO ADIT STYLE PHOTOS.

WHERE TO FILE:

Nebraska Service Center Only: (A)(3), (A)(4), (A)(5), (A)(7), (A)(8),(C),(C)(4)
Service Center: (A)(6),(A)(11),(A)(13),(C)(2),(C)(3),(C)(5),(C)(6),(C)(7),(C)(8),(C)(17),(C)(20)(C) (22)
Local District Office: (A)(10),(A)(12),(C)(10),(C)(11),(C)(12),(C)(14),(C)(16),(C)(18),(C)(19)
Service Center or Local District Office: (C)(9)

HOW TO FILL OUT FORM I-765

Answer every question
if your answer is "NONE" or if the question does not apply to you, write "NONE" or "N/A"
Sign and date the form
Whoever helps you with the form, must also sign the form

I-817

APPLICATION FOR VOLUNTARY DEPARTURE UNDER THE

FAMILY UNITY PROGRAM

PURPOSE:

This form is used by someone that wants to remain with their family in the United States even though they' are here illegally.

WHO CAN FILE:

Someone who is the child, husband or wife of someone who is a Legalized Alien.

A Legalized Alien is someone who has one of the following class codes on their Alien Registration Card (Form I-551): W16, W26, W36, S16, S26, CH6

If the Legalized Alien, to whom you are related has W16;W26, W36, or CH6 on their Alien Registration Card you can file:
If you have been continuously living in the United States since before May 5, 1988
If you are the husband/wife of the Legalized Alien and your marriage took place before May 5, 1988.
If you are the child of the Legalized Alien and you were born before May 5, 1988 and still under 21 years of age on May 5,1988.

If the Legalized Alien, to whom you are r4ated has S16 or S26 on their Alien Registration Card you can file:

If you have been continuously living in the United States since before December 1, 1988
If you are the husband/wife of the Legalized Alien and your marriage took place before December 1, 1988.
If you are the child of the Legalized Alien and you were born before December 1, 1988 and still under 21 years of age on December 1, 1988.

WHAT TO SEND:

A photocopy of the front and back of the legalized alien's permanent resident card.
If you are filing as a CHILD of a Legalized Alien send the following:
A photocopy of your birth certificate in the native language along with an English translation
A photocopy of the marriage certificate between your parents along with an English translation, if it is in another language

If you are filing as the HUSBAND/WIFE of a Legalized Alien send the following:

A photocopy of the marriage certificate between you and your husband or wife along with an English translation, it is in another language.

Proof to show that you have been living here since before May 5, 1988 (or December 1, 1988, see above). Examples are: school papers, medical papers, rent receipts, pay stubs, tax forms, utility bills, etc.
You need to send at least one thing for every year you have lived here.

Two pictures of yourself taken within the last 30 days. The pictures should be the same as you would use for a passport

I-824

APPLICATION FOR ACTION ON AN APPROVED APPLICATION

OR PETITION

PURPOSE:

To request action on an approved application or petition.

A duplicate approval notice of a previously approved application or petition (part 2, section a)
Notifying a new United States Embassy or Consulate of the previous approval of a petition (part 2, section b)
Notifying a United States 8inbassy or Consulate an alien has adjusted their status to legal permanent resident (part 2, section c).
Form I-824 is not used for notification of person becoming a United States Citizen.

WHO CAN FILE:

The petitioner or beneficiary of a petition or application that has been approved.

WHAT TO SEND:

A copy of a receipt notice (or)
A copy of an approval notice (or)
A letter from the National Visa Center (or)
A letter from a United States Embassy or Consulate

HOW TO FILL OUT FORM I-824:

Answer each question
If your answer is "None" or if the question does not apply to you, write "None" or "N/A".
Sign and date the form.
Whoever helps you with the form, must also sign the form.
Section a:

Type of Petition/Application: This refers to the original application or petition filed (I-130,I-129, I-485, etc.).
Filing Receipt: The receipt number of the original application or petition filed.
Date of Filing: The date the original application or petition was filed.
Date Approve: The approval date of the original application or petition.

I-829

Petition by Entrepreneur to Remove Conditions

PURPOSE

File Form I-829 to remove the conditional basis of residency placed on an alien entrepreneur.

WHO CAN FILE:

The alien entrepreneur.
The spouse and/or children should be included on Form I-829.

WHEN TO FILE:

File Form I-829 between 21 to 24 months after your admission as a conditional permanent resident.

WHAT TO SEND:

Proof that the alien started a business. Evidence may include, but is not limited to Federal income tax returns.
Proof that the alien invested or is in the process of investing the required capital. Such evidence may include, but is not limited to, an audited financial statement or other third party evidence.
Proof that the alien has met the capital investment requirement and has maintained the investment over the two years of conditional residence. Such evidence may include, but is not limited to, bank statements, invoices, receipts, contracts, business licenses, Federal or State income tax returns, and Federal or State quarterly tax statements.
Proof that the alien created or can be expected to create within a reasonable time ten full-time jobs for qualifying employees. In the case of a "troubled business," the alien must submit proof that the business has kept the number of existing employees at no less than the pre-investment level for the period following his or her admission as a conditional permanent resident. Such evidence may include payroll records, relevant tax documents, and Forms I-9.

HOW TO FILL OUT FORM I-829:

Answer every question.
If your answer is "NONE" or if the question does not apply to you, write "NONE" or "N/A".
Sign and date the form.
If someone helps you with the form, they must also sign the form.

ADDITIONAL INFORMATION

The INS Service Center may approve the form I-829 and waive the interview
OR it may send the I-829 to a District Office near the alien's business so that an interview of the alien entrepreneur may be conducted.

FORM I-90

APPLICATION TO REPLACE ALIEN REGISTRATION CARD

PURPOSE:

File a Form I-90, if you need to replace your Alien Registration Card.

WHO CAN FILE:

An I-90 application may be filed by a Lawful Permanent Resident:

To replace a lost, stolen or destroyed card;
To replace a damaged card;
To change a name based on a court order or by marriage;
When Form I-551 was not received;
To replace any Alien Registration Card that is not a Form I-551;
To correct information on a card;
Who has reached the age of 14;
Who is an alien commuter now residing in the United States; or
Whose status was changed from temporary to permanent resident (Special Agriculture Worker).

WHAT TO SEND:

Two color photos (as specified on the application form).
An application filed under paragraph (B), (C), (E), (F), (G), or (H) must be filed with the prior Alien Registration Card or other evidence of permanent residence or commuter status.
An I-90 filed under (F) must be filed with a court order changing the applicant's name, or with the applicant's marriage certificate. . An application to change other biographic data on a card must be filed with evidence establishing the new data.

LOCAL OFFICE PROCESSING:

You must file in person at a local office.
The local office will take the Form I-90, photographs, and evidence of Lawful Permanent Residency.
The local office will have you put your fingerprint and signature on a Form I-89.
The local office can stamp your passport to show Lawful Permanent Resident status.
The stamp will give you employment and travel authorization.

FORM N-400

APPLICATION FOR NATURALIZATION

PURPOSE:

The purpose of this form is to apply to become a naturalized United States Citizen.

WHO CAN FILE:

You may file this form if you are at least 18 years old
You have been a lawful permanent resident for at least 5 years,
OF, You have been a lawful permanent resident for 3 years, married to a United States citizen for those 3 years, and still married to that United States citizen,
OR, You are a lawful permanent resident who is eligible based on United States military service.

WHAT TO SEND:

A copy of your Alien Registration Card (front and back)
If you have ever served in the United States military, you must complete and sign a form G-325B (Biographic Information ) and send with this application.
If you are filing this form based on marriage to a United States citizen,
Send a copy of your marriage certificate

Proof that your spouse is a United States citizen (for example; copy of the birth certificate);
Proof that all prior marriages of both you and your spouse have been legally ended (for example: divorce decree)
Copies of birth certificates of all children, if any.

If you have ever been arrested, you must send copies of all arrest reports and certified court papers that explain the outcome of each arrest. Bring original documents with you to your naturalization interview.

Two (2) color photographs of yourself taken within the 30 days before filing this application. The photos must be glossy, unretouched and unmounted, and have a white background. Dimension of the face should be about I inch from chin to top of hair. Face should be 3/4 frontal view of right side with right ear visible. Using pencil or felt pen, lightly print name and A#, if any, on the back of each photo.

HOW TO FILL OUT FORM N-400

Answer every question
If your answer is "NONE" or if the question does not apply to you, write "NONE" or "N/A"
Sign and date the form
Whoever helps you with the form, must also sign the form.,

THE INFORMATION PROVIDED IS DESIGNED TO BE AN AID TO ANYONE WHO NEEDS TO FILE THIS FORM. THE INFORMATION MAY NOT COVER EVERY SITUATION OR CONDITION. FOR ADDITIONAL CONTACT YOUR LOCAL IMMIGRATION OFFICE

To order forms you can call 1-800-870-3676. Form may also be downloaded on the internet at www.ins.usdoj.gov

Revised 3/19/99 tsc adj