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An EB2-NIW is an immigrant visa category that grants a foreign national lawful permanent residence without the requirement of an employment offer or a labor certificate. The job offer requirement is waived if the candidate can prove that his permanent residence in the U.S. would be of “national interest” and would benefit the country.
Yes, they are both vastly different in terms of their requirements, processing times, and the documentation required for each. Generally, an EB2 visa or other employment-based visas require a formal employment offer for an applicant to be eligible to apply. Additionally, it requires a Labor Certification from the Department of Labor.
An EB2 with NIW, on the other hand, does not require any employment offer. The applicant is not required to go through the labor certification process with the Department of Labor. This is as long as the petitioner (applicant) can prove that their admittance to the United States would be of national benefit.
Any foreign national can apply for an EB2-NIW visa. An immigration attorney is able to complete a strong application package that checks off all of the requirements and makes the appropriate legal arguments. An applicant does not need an employer.
The EB2-National Interest Waiver dismisses the need for a labor certification from the Department of Labor. The labor certification can be costly and takes time to obtain. This visa also waives the requirement of an employment offer. However, all other “entry” requirements must be met in order to become eligible for the visa.
The EB2-NIW visa is offered to foreign nationals who have earned an advanced degree or a degree that is recognized internationally as being equivalent to an advanced degree in a professional field. These persons can also satisfy this educational criterion by holding a Bachelor's degree and possessing at least five years of experience in their profession with increasing levels of responsibility. Applicants for this visa must demonstrate that they have extraordinary qualities in one or more of the following areas: science, technology, mathematics, engineering, the arts, or business, amongst others. According to the EB2-NIW framework, a degree or certification that is higher than a bachelor's degree is considered to be an advanced degree. The applicant can obtain this in the United States at a college or institution that is recognized in the United States, or they can earn an advanced degree that is equivalent to an American advanced degree from another country.
The following individuals are eligible to apply for an EB2-NIW:
- A foreign national who meets the educational requirements, and
- A foreign national who meets the three-prong test in the Matter of Dhanasar decision is listed below:
- The proposed endeavor has substantial merit and national importance
- The applicant is capable of advancing the proposed endeavor
- Substantial benefits for the “national interest” of the United States
We recommend four LoRs, and this is ideal.
We do not provide assistance to get Recommenders. The client has to seek recommenders on his/her own. Any prominent person from the same or relevant field as the client would be able to provide the LoR.
Dependent LoR is from a recommender you have directly worked with or under (supervisor, co-author, professor, research/project leader, etc.)
Independent LoR is from an expert in your field with whom you have never work with. However, they may have seen your work in conferences, heard about your work from their colleagues, read your articles in journals, followed your work profile (LinkedIn, Google Scholar, etc.) or used your idea/ research in their own work.
A minimum of 3 independent LoRs
Yes, we will provide advice to you regarding this matter.
Yes. We will provide all the necessary templates for your case, including LoR templates.
You can prepare the LoRs yourself if you wish to, OR the Recommender himself/herself can write the letter (best option in terms of authenticity). In that case, if you need any template to follow, we can provide you.
If LoR service is included with your package, our legal team will prepare the LoRs for you if you wish.
For each letter you want us to draft for you, we need you to fill out one LoR template with as much relevant information as possible. You can write in paragraphs, bullet points, sentences, etc.
You also need to provide the recommender’s CV. We will draft the letter based on the filled-in template, recommender’s CV, and your profile.
You will need to collect recommendation letters from prominent individuals in your field. The individuals may be your bosses, professors, researchers, or individuals similar to them.
You do not need to be acquainted with all your recommenders. An EXPERT in your field can write you a letter based on your academic and work profile.
We recommend a total of 3 independent LoRs and 1 dependent LoR. And yes, all of them must be from your field of study/ work. These recommendations can come from high-level executives or academic individuals like researchers and faculties.
We highly suggest seeking out your recommenders early in the NIW process.
Our in-house LoR writers will draft the LoRs for you based on the filled-in template you provide. Note that you must provide adequate information and manage the signatures from the recommenders yourself.
No, there are no extra fees for recommendation letters if the drafting service is included with your package.
Yes, we will share the sample documents with you.
Your supervisor, top executives, leaders of the field, and distinguished professionals in top management positions with or under whom you have or have not worked with in your field can make recommendations.
Distinguished professors/ professionals of any reputable university/ company from any part of the world can make recommendations. They do not need to be U.S. citizens.
You can ask your friends; they can convince their professors to write Recommendation letters for you. Also, there are many Bangladeshi professors in U.S. universities; you can contact them as they usually help. You can also write to different prospective recommenders highlighting your common areas and the significance of your work.
No, the scanned copy or the signed soft copy of the LoR will be sufficient.
The best form of evidence is to have a letter on the recommender’s instutional letterheard. If the recommender has retired, he/she may create their own letterhead and provide that.
We aim to submit the formal updated CV of the recommenders. In case it is ablsolutely unavailable, we can use their institutional profile or LinkedIn.
We prefer physical signature. However in exceptional situations you can input digital signature also.
That is great! It will increase your chance of approval.
TRB is one of seven program units of the National Academies of Sciences, Engineering, and Medicine, which provides independent, objective analysis and advice to the nation and conducts other activities to solve complex problems and inform public policy decisions.
Yes, “field application” will be better than self-citation; however, we need proof of that (letter, email, or any proof from MDOT).
Yes, this will have a positive impact on your profile.
If the number of citations to your work increases after you submit your NIW petition, it can be a positive factor in the decision-making process. This is because an increase in citations can indicate that your work is gaining more recognition and having a greater impact in your field, which can support your claim that your work is in the national interest.
However, it's important to note that USCIS officers are instructed to make decisions based on the evidence presented at the time of the petition filing. If you are submitting additional evidence after your initial filing, it may not be considered by the USCIS officer reviewing your case, and your case may be decided based on the evidence that was submitted with the original petition.
If your paper gets published while preparing the application, we will mention it in the petition, and it will have a positive impact on your case.
No minimum number of citations is required to apply for NIW, but the higher, the better.
You need to provide summaries of your work (following our template) of the top projects or research you did which aligns with your future proposed endeavor. If only 3 supports your future endeavor, provide only 3.
Tip: Please spend a substantial amount of time to prepare a strong proposed endeavor.
DS-260 is the next step after the NIW approval as you are outside of the USA. We provide this service for $1200 for principal applicant and $700 for the dependent applicant (if any).
Yes, we can port the priority date for this EB2- NIW.
It is a 99%
We reply as promptly as possible. At most, it will be under 48 hours (excluding weekends).
We have several law clerks and a managing attorney, all of whom will be involved at some point in the process. Additionally, we have a dedicated team for NIW petitions. Initially, you will work with them.
Your responsibility will be to send us the required documents and information when we need them and make the payment of the $500 monthly installment at your convenience. And after the forms are done, you will sign them and mail us. Then we will submit them to USCIS.
It depends on your portfolio. You may proceed now if you have a good number of citations and publications.
There is no problem if you do it from Bangladesh or leave the U.S. after submitting the petition.
It varies most of the time. In general, the copies and documents related to professional membership, license, and professional certificates are submitted along with the basic documents.
You are not required to be residing in the United States to apply. For example, an award-winning researcher in Russia who won acclaim and recognition for their impact could be considered sufficient evidence for an NIW.
Yes, it will have a great positive impact on your case.
Progressive work experience means having at least 5 years of work experience demonstrating growth and advancement in the relevant field.
It may have an impact on the petition and increase your chance of approval.
Yes, having job experience of five years and more will strengthen your petition. But it’s not absolutely necessary in this case.
If a person has at least five years of progressive work experience following completion of a bachelor’s degree, he is technically eligible to apply for NIW. If your experience is not coming from a US-based industry and you do not possess a foreign or Master’s degree, your chances are very slim.
NIW application requires mainstream or industry job experience. Remote work experience will not be applicable.
TA/RA counts as academic or research experience and definitely not an industry job experience.
Yes, you are required to work in the same field that benefits the country's national interest. If you change areas, you risk having your I-485 denied if it’s still under process.
Premium Processing is available for the EB-2 NIW category.
Currently, the approval rate has increased more than before. We have experienced the shortest time of 7 months to get a decision.
If you can deliver all the documents correctly, we expect the time to be 55-60 working days to file the petition.
Certainly, Premium Processing is available, and we provide this service to many of our retained clients. It is necessary for anyone who wishes to do Premium Processing to pay $2,805 to the USCIS for its premium processing fee. As part of the application process, the applicant must pay a $715 filing fee to the USCIS and Asylum Program Fee of $300, which is mandatory. We provide this service to our NIW clients without charging any attorney fees, except for the $30 fee for the Money Order Purchase Service. Consequently, an applicant must pay USCIS a total of $3,820 for premium processing of their I-140.
Processing time for NIW applications typically runs between 3 to 9 months, although this time depends on the assigned USCIS Service Center and the adjudicating officer. In addition, processing times vary as USCIS evaluates each application and supporting evidence on a case-by-case basis.
Yes. After graduation, your chance rate will increase, and it will make the petition stronger.
No, you can apply with the ongoing research experience.
No, we need the evaluation from USCIS-approved equivalency evaluation bodies. Eg. WES
Yes, you will be able to start the NIW application process.
Kindly publish your thesis paper. The more citations your paper receives, the better your chances will be. Also, if you have U.S. work experience or can get started with work related to your proposed endeavor, that would be greatly beneficial.
There is no requirement for a U.S. degree in order to apply for NIW; however, a min. Master’s degree is necessary.
Required certifications/ licenses that your field requires to practice your profession.
These can be added to your CV, but for NIW requirements, only professional certificates are acceptable.
Due to the flexible characteristics of the NIW, you may be able to qualify without having received awards in your field. Proof of outstanding achievements strengthens your case and may be the difference between approval and denial; it is not grounds for denial alone.
Your previous denial should not have an impact on the outcome, assuming you meet the other qualifications for a National Interest Waiver. This is because the requirements for a PERM application have little bearing on the requirements for an EB-2 NIW.
An advanced degree for the EB2 NIW visa is U.S. advanced degree (degree above bachelor’s) or equivalent foreign degree.
Green Card application under EB2 NIW or EB1A has two steps. The first step is called I-140 and the second step is called I-485. The first step is only for the principal applicants , and our fee is $5,000.
There is no application for derivative in this step; therefore no attorney fee.
However, once the first step gets approved , we move to the second step. For the second step Adjustment of Status(I-485), our fee is $1,200 for the principal applicant (You) and $700 for each derivative if you have a spouse and children.
Our total service charge for NIW is $5,000. In addition, you will be required to pay a USCIS fee of $715, Asylum Program Fee of $300, and mailing fees of approximately $50.
Yes, we are able to assist you with your RFE in this situation. We will charge you $2,000 only for the processing of the RFE response. In the event that you choose to retain our NIW services, a fee of $5,000 will be charged.
Around $50 for the regular shipping process. It might cost $100 or more if you need overnight shipping.
A refund will be issued within 30 days if your case is denied. In that case, the refund policy depends on the money-back guarantee which we offer to the clients according to their credibility.
Yes
Yes, it is $500 per month.
Yes, you can start the STEM OPT. The NIW petition (I-140) has no impact on your immigration status.
Yes, it is possible to apply for an OPT extension while your I-140 is being processed.
No, your NIW denial will have no effect on your normal I-140 application.
Yes, the organization can apply for your H-1B while your I-140 is being processed.
Submission of I-485 application depends on your current status. If you need a work permit in the next 4/5 months, apply for I-485. But if you do not need any work permit in the next 4/5 months, I would suggest not submitting I-485 and waiting until your I-140 gets approved.
Yes, you can. Your I-140 petition has no effect on traveling outside.
No, your I-140 will have no effect on the F2 Visa. In both cases, your I-140 will have no effect as they are not co-related
Yes, you can. A letter must be sent to the USCIS stating that you want to withdraw the petition.
There is no impact of the H1B transfer petition on the EB2- NIW application. So, we can proceed with the EB2- NIW application.
NO. It will have no impact on the NIW application process.
If you applied only for the NIW (I-140), your travel would not be affected. However, if you have also submitted an application for I-485 with it, this will affect your travel if that process is ongoing.
No, it won’t affect your case.
Not all J1 visas come with a Two-Year Home requirement. If your J1 visa comes with such a requirement, you must get a waiver before submitting your I-485.However, for I-140 there is no difference between an F1 visa and a J1 visa.
Both. You can find more details by searching for the J1 Waiver application on Google. You will find all the necessary information there.
It should not pose a problem since both of them are different.
NIW has two steps. The first step is I-140, which is only for you. After your I-140 is approved, the next step is I-485(Green card, EAD, Advance Parole). Here, your spouse will be added as your derivative.
It depends on your VISA status on which you are currently residing in the United States. It has no connection with the I-140 application.
Yes, the NIW petition (I-140) has no impact on your immigration status.
However, if you file I-485, you cannot apply for OPT or an extension of OPT until the I-485 application is decided.
It usually takes 6 months to proceed.
Usually, it takes 7 months. But depending on the service center, it often takes more than a year. You can certainly concurrently file I-485. The benefit is that you will receive EAD and advance parole under which you can work and travel. However, there are some risks involved. Since I-485 is an immigrant application, your F1 status will be abandoned. You will not be able to apply for any non-immigrant status (e.g. OPT) while your I-485 is pending. In case your I-140 is denied, you will be out of status. Filing only I-140 will not affect your non-immigrant status. We recommend concurrent filing for those who are nearing the end of their non-immigrant status.
NO. It will have no impact on your spouse’s application process.
Yes, it is included in the value. We do not charge separately for our retained clients.
The answer is you can appeal for the application to get approved.
Attorney fee is $5,000, USCIS filing fee is $715, Asylum Program Fee of $300, and shipping fee is around $50.
No, we will not cover the USCIS fees in that case. We will cover the attorney fee only.
EB3 is the third category of employment based immigration visa that allows a foreign applicant and his/her family (spouse and children) to permanently come to/reside in the USA and work by obtaining a green card.
EB3 visa has different categories, which may or may not require any previous educational qualification depending upon the individual category. The highest educational qualification for the EB3 category is a bachelor's degree.
EB3 visas have different categories, which may or may not require any previous professional experience depending upon the individual category.
Yes. $700 for each additional family member when the final stage of the Green Card application is being processed.
Yes, both can apply for their respective position, and it will not create any contradiction.
As a law firm, we don’t provide an employer for EB3. However, we have a sister concern company (Great American Recruiter) that finds employers for interested clients and carries out the full process of EB3. You can reach out to them at info@greatamericanrecruiter.com. Please note that the Great American Recruiter has a different pricing structure.
Yes, you can be eligible for an EB-3 visa if you are in the U.S. on a B1/B2 visa, but it involves several steps. First, you need to obtain a full-time job offer from a U.S. employer and have them secure a labor certification from the Department of Labor (DOL). Your employer must then file Form I-140 (Immigrant Petition for Alien Worker) with the U.S. Citizenship and Immigration Services (USCIS). It is essential to maintain legal status while in the U.S. If you are already in the U.S., you can apply for an adjustment of status (Form I-485). Alternatively, if you are outside the U.S., you can undergo consular processing at a U.S. embassy or consulate to obtain your EB-3 visa. Please note that the Priority date must be “current” before processing I-485 or DS-260.
Yes, you can be eligible for an EB-3 visa if you are on an F1 (student) or F2 (dependent) visa. The process involves several key steps. First, you need to obtain a full-time job offer from a U.S. employer who must then secure a labor certification from the Department of Labor (DOL). Next, your employer must file Form I-140 (Immigrant Petition for Alien Worker) with the U.S. Citizenship and Immigration Services (USCIS). It is crucial to maintain your legal status while in the U.S. If you are in the U.S., you can file for adjustment of status (Form I-485) when an EB-3 visa becomes available. If you are outside the U.S., you will go through consular processing at a U.S. embassy or consulate.
If you are staying in the USA, you can apply for both. However, since an EB3 immigration visa takes more than a year due to prevailing wage determination and PERM processing, we advise you to first apply for an H4 application and then file an EB3 application.
Yes, you can apply for an EB-3 immigration visa if you are an asylee or if your asylum status is pending in the USA, but there are specific considerations to keep in mind. First, you need a full-time job offer from a U.S. employer who will secure a labor certification from the Department of Labor (DOL). Your employer must then file Form I-140 (Immigrant Petition for Alien Worker) with U.S. Citizenship and Immigration Services (USCIS). If you have been granted asylum, you can apply for adjustment of status to permanent resident (Form I-485) once an EB-3 visa becomes available. If your asylum application is still pending, you can apply for adjustment of status if an EB-3 visa becomes available and your Form I-140 is approved. However, maintaining lawful status is crucial during this period. It is important to maintain your current status while your EB-3 application is being processed. The complexity of applying for an EB-3 visa while having an asylum application or status requires careful navigation.
Self-sponsoring may result in a complicated case adjudication by the USCIS and bears the risk of denial.
While they can legally sponsor you, being sponsored by immediate relatives or family members bears the risk of a complicated case adjudication by the USCIS and can result in a denial.
You may always have the option to change your job irrespective of the PERM procedure stage. However, in most cases, changing the job during the PERM process or after PERM approval means you may have to go through the PERM process all over again. PERM certification is not related to a specific employee, and it is tied to a specific job. That is why a new job will almost always require new PERM certification. Having your employer file the I-140 immigration petition is the second stage in the process and happens once PERM labor certification has been approved. Changing jobs at this stage in the process will almost always require your new employer to file a new PERM and then a new I-140 petition.
One of the big exceptions to this is if the new employer company is a successor in interest to the original employer company. This involves an understanding and analysis of mergers and acquisitions laws. Another exception involves the American Competitiveness in the Twenty First Century Act (AC-21). If the foreign worker fulfills the mobility requirements under Section 106 of the American Competitiveness in the Twenty First Century Act (AC-21), then the new employer will not need to file a new I-140 petition. Rather, they can move to a new place of employment upon the passing of 180 days after the filing of the adjustment of status (I-485) application.
Yes, you can change your address at any time during the process. However, please note that you will have to file AR-11 and inform USCIS about the change of address within 10 days of moving.
It is realistically impossible to assure 100% approval since the final adjudication comes from the USCIS. However, we can predict the outcome with more than 90% assurance.
If you adjust your visa in the USA, you may or may not have to attend an interview. However, if you are applying from outside the USA, you will have to attend an interview at the US embassy or consulate.
Yes, you can travel unless you file form I-485. However, please note that if you travel outside the USA before filing Form I-485, you will have to wait for at least 90 days to file Form I-485 after your return to the USA. Once you file form I-485, you cannot travel outside the USA until you receive the advance parole (approval of I-131). Please note that traveling outside the USA without prior approval and proper return documentation may jeopardize your green card application.
The timeline varies based on the individual case. But typically, it takes approximately 3 years to complete the entire process. Please see the timeline flowchart below to get an idea about the timeline of EB3.
You can only expedite the I-140 adjudication with premium processing by paying a $2,805 USCIS fee and filling the form I-907. However, there is no premium processing for the prevailing wage determination, PERM, or I-485. Nonetheless, you can make an expedition request if your I-485/I-765 adjudication decision exceeds the average processing time at the designated service center.
While denial of an adjustment of status application generally leads to immediate deportation from the USA, the ultimate course of action varies based on the individual case. Please contact us immediately if your EB3 application is denied.
Yes, you can appeal to reconsider your case by filing form I-290B and paying the USCIS fee. Please note that you will have to appeal within 30 days of the notification of the decision or 33 days if you received the notification by mail.
- Employment-Based Green Card (I-485)
- Family-Based Green Card (I-130+I-485)
- I-765
- I-131
- Public Charge Ground of Inadmissibility
Whether you can file an I-485 application at any given time or not, depends on your priority date being current. The Department of State updates the visa bulletin every month to include the updated dates for filing for visa categories. If the priority date is earlier than the listed date of filing, the priority date is then considered current. If your priority date is current, then after you have received a "Receipt Notice" for your I-140 petition, you may file your I-485 green card application.
Generally, the priority date is the date on which a prospective immigrant's petition is filed (sometimes it differs with the filing date) with the U.S. Citizenship and Immigration Services (USCIS) or with the Department of Labor for certain employment-based visas. The priority date is crucial because it establishes an individual's place in line for visa processing, especially in cases where the number of visa applications exceeds the available visa quotas. You can find the priority date in your I-140 Receipt notice or in the approval notice.
Filing the I-140 and the I-485 applications at the same time is called concurrent filing. Concurrent filing is only possible in 2 specific scenarios:
- If the date listed in the visa bulletin for your particular category is listed as “C” or your Priority Date is current at the time of filing the I-140 and I-485 applications together.
- If you have an older I-140 petition with a current priority date, and you are now filing a new I-140 petition and are planning to port the priority date of the newer petition to the older, current priority date.
Except for these 2 scenarios, it is not possible to file the I-140 and I-485 at the same time. You will have to file the I-140 petition first, and then file the I-485 application once you receive the receipt notice of the I-140 petition.
The I-485 processing times vary between cases. Mostly it depends on the USCIS field office dealing with the particular case. Depending on the caseload at the field office, it can take anywhere from 8 to 14 months or more for an I-485 application to be approved. The processing times also depend on the basis of the I-485 application, i.e., whether it is family based, employment based or asylum based.
You only need to state your prior traffic violations in your I-485 application in 3 specific scenarios:
- If you have any traffic/parking/speeding tickets with a fine of $500 or more
- If you were called to court regarding your traffic violation,
- If your citations include any Alcohol or substance abuse concerns.
If your citation does not fall under one or more of the above categories, you do not need to state it in your I-485.
Upon receiving I-485 approval, the applicant is mailed a Permanent Resident Card. The date the Form I-485 is approved becomes the date of adjustment, which in turn determines how soon the newly adjusted Lawful Permanent Resident (LPR) may apply for U.S. citizenship.
After your I-485 is filed, you will receive a receipt notice from USCIS. After that you will get another notice in the mail about your biometrics services appointment, which will be held at a local Application Support Center (ASC). The notice will tell you the date, time, and location of your appointment. And then finally, you will receive another notice for either the approval or in some very limited cases, an interview.
If U.S. Citizenship and Immigration Services (USCIS) denies an I-485, there are various options available to applicants (depending on the reason for denial), including a motion to reconsider or reopen, appealing the decision, and re-filing.
Applicants have to attend an ASC appointment interview as part of their I-485 approval process. During this appointment, the applicants’ biometric information is obtained by the USCIS. In some rare cases, the USCIS may also ask the applicants to attend a green card interview before issuing the green cards. This is usually done by USCIS to sort out inconsistencies in the information provided by the applicants. When the interview of an applicant might occur depends on the field office that is dealing with that particular applicant’s case.
All USCIS field offices and service centers have average case processing times for each type of application. If you think your case is pending for a long time, you should first check if the case has been pending for longer than the average case processing time for that particular service center or field office. If it is, in that case, you may file an e-request to USCIS to expedite the application process. You may also file a writ of mandamus petition to expedite the case process if the case has been pending for more than 1-2 years.
Yes, you can stay in the US in “pending I-485” status while your I-485 application is being processed by the USCIS. As a matter of fact, you can not leave the US with a pending I-485 application without the advance parole.
As OPT and STEM OPT are nonimmigrant benefits and the I-485 application is the application for an immigrant benefit (your green card), generally the better option is to apply for OPT/STEM OPT first, and file the I-485 application after receiving the OPT/STEM OPT approval. However, you may also file the I-485 application first and then apply for the OPT and/or STEM OPT. However, the applicant has to keep in mind that there is a chance that your OPT/STEM OPT application will be denied if filed after the submission of the I-485.
Tax Return Files are not mandatory or required for the Employment Based I-485 Application. However, if your spouse is a beneficiary of your application and you have a joint Tax Return File or your spouse’s name is mentioned in your Tax Return File then you should submit it as evidence of shared life.
An A-Number (Alien Registration Number) is a seven- to nine-digit number that can be found on a variety of documents from U.S. Citizenship and Immigration Services (USCIS) or the former INS. USCIS uses the Alien Registration Number to track the immigration files for immigrants (and some nonimmigrants). You can find your A number on the EAD card, I-140 Approval Notice, Green Card, naturalization certificate etc.
A valid passport is not necessary at any point during the I-485 application process. You just need to bring your most recent passport, which will be considered by the ASC officers as a photo identification.
Yes, you can, you only need to submit a short explanation to the NVC through the public inquiry form that you wish to file an I-485 application with the USCIS instead of going through the IV Processing.
As a rule, you may only use a nonimmigrant visa to travel to the US for the purposes stated in the visa. For example, B-1/B-2 visitors may only travel to the US for temporary visits related to pleasure or business. They must return home after the purpose of the visit is concluded and/or the authorized stay expires. To prove to the immigration authorities that you did not travel to the US specifically to adjust your status, you shouldn’t adjust your status within the first 90 days of your stay in the US. However, there are exceptions for certain visas.
If the immigration authorities believe that a non-immigrant visa holder (F-1, B1/B2, J-1) engaged in activities inconsistent with their visa status within the first 90 days of their entry into the US, it can lead to the presumption that the individual willfully misrepresented their intent at the time of entry. This rule is called the 90-day rule.
This rule applies to nonimmigrants (for example- F1, B1/B2, J1, etc.) who are in the United States on a temporary visa. If found to have violated the rule, their application for permanent resident status (I-485) may be declined, and their visa revoked.
When you’re counting 90 days, it’s crucial to count it the correct way (and most importantly, the way the USCIS does). The best way is to take your most recent I-94 travel record and add at least 90 days to the most recent entry date to the US. To be on the safe side, you can add 100. Both working days and holidays are counted in the 90-day rule.
For the employment based I-485 application, you will need the following documents from your employer:
- For EB3 PERM applications, you need a job offer letter, an employment verification letter, an approved PERM labor certification and a signed I-485J form, all signed by your employer.
- For EB2 applications without NIW, you need a job offer letter, an employment verification letter and a signed I-485J form, all signed by your employer.
- For EB2 NIW applications, you need a job offer letter and an employment verification letter, all signed by your employer.
- For EB1 applications, you do not need any documentation from your employer.
If you are currently a PhD or graduate student and are contributing as a research assistant or teaching assistant, you can state that as your current occupation. Please make sure the field where you are working currently - remains the same as the I-140.
Any relative who was 18 years or older at the time of the applicant’s birth can provide the affidavit of birth.
Pictures on the affidavit of the birth letter are not mandatory. But the letter must have the affiant’s signature.
There is no limit on the number of petitions a petitioner can file. A petitioner, as a US citizen or Lawful Permanent Resident, can file an I-130 petition for each qualifying relative.
Yes, you can file an I-130 petition without a valid passport for the beneficiary. But we suggest either applying with a passport or getting the passport before submitting the application.
Moreover, you cannot apply for I-485 without a passport.
No, it will not.
Your parents just have to sign an affidavit regarding the name discrepancy. Moreover, in the family-based US immigration, your NID doesn’t hold any value to the USCIS.
If you believe your I-130 was unfairly denied, you may be able to appeal to a separate body, the Administrative Appeals Office (AAO), within 30 days from when the notice was sent or you can file a motion to reopen the application.
Unfortunately I-130 petitions do not have premium processing service. Premium processing is not available for I-485 either.
You can submit a special request to the USCIS to expedite your application process under special circumstances. USCIS usually only considers expediting on the ground of financial hardship, USCIS errors, urgent humanitarian or U.S. government interests.
Yes, you should let them know about your naturalization. The petitions of citizens are processed comparatively faster than that of LPRs.
You cannot petition for your spouse unless the marriage has been consummated.
If your spouse is overseas, Form I-130A must still be completed, but your spouse does not have to sign Form I-130A.
You can apply any time after your marriage provided you submit enough evidence of bona-fide marriage and joint documents.
You can still apply for your spouse’s green card without any joint documents if you have other evidence such as a marriage certificate, marriage affidavits, relationship photographs, and timeline of relationship.
Yes, you can, if you are an immediate relative of a US citizen and your unlawful stay period is less than 180 days.
However, if your unlawful stay period is more than 180 days, then you have to fill out I-601/I-601A first and then apply for the green card.
If you are filing an I-130 application for your spouse, they must complete and sign Form I-130A, Supplemental Information for Spouse Beneficiary. Note that they don’t have to sign the I-130A if they are outside the USA.
Fortunately, for a citizen's spouse, the filed I-130 petition does not get revoked after the death of the spouse petitioner, rather it gets converted into an I-360 petition, Petition for Widow(er) of US Citizens.
If you lack one of the primary documents required, such as a Marriage certificate, you must submit other secondary evidence, such as joint documents or affidavits. And also a letter from the appropriate authorities confirming why that document does not exist.
While you are waiting for the I-130 petition to be approved, your spouse may be able to travel to the United States on a non-immigrant visa such as B1/B2 or F1. However, it's important they make it clear to the immigration officers when they enter that they will leave before this non-immigrant visa expires and about their non-immigrant intent (that they will not apply for a green card after entering on a non-immigrant visa).
Yes you have to let them know about your naturalization. The petitions of citizens are processed comparatively faster than that of LPRs.
You can submit I-130 and I-485 together, only if you are a citizen or if your priority date is current.
You can also file the I-130 now and submit the I-485 later, either after the approval of I-130 or while it is still pending, given that your priority date is current.
For citizens, priority dates are always current for marriage based green card applications.
Yes you have to let them know about your naturalization. The petitions of citizens are processed comparatively faster than that of LPRs.
If you are a citizen, you can petition for your married and/or over 21 (adult) children.
However, if you are a Lawful Permanent Resident, you can only petition for your unmarried (under or over 21) children, but not for the married children.
No, you don’t have to. Your children can be included as derivatives on their parent’s I-130 petition if your child is unmarried and under 21 years of age.
Note that, it won’t be the same if you are a citizen. You will have to file separate petitions for your spouse and each child.
If your step child was under 18, at the time of your marriage to their natural parent, you can petition for them.
If you are a lawful permanent resident and you filed Form I-130 for your unmarried son or daughter, but your son or daughter marries before getting a green card, USCIS will deny or automatically revoke your petition. (Because LPRs are not eligible to petition for their married children even if they are under 21.)
If you are a citizen, the petition will not be revoked automatically when the child gets married. But the visa category changes from F1/ IR2 to F3 which means it would take longer than before.
If you filed for a Green Card for unmarried adult children when you were a permanent resident but then naturalized and became a U.S. citizen, NVC (National Visa Center) can convert the visa category from F2B to F1.
If your child was in F2A category (under 21, unmarried), then it will move to Immediate Relative when you naturalize (if they don’t age out).
If they Age out (become >21), then it will move to the F1 category.
CSPA is counted. CSPA is a process of calculating the beneficiary’s age even when they are aging out. It basically freezes the beneficiary’s age when the priority date is current.
So, CSPA is the (Age when priority date becomes current) - (the time immigration petition is pending).
If you lack one of the primary documents required, such as a birth certificate, you must submit other secondary evidence, such as school records, vaccination records or affidavits. And also a letter from the appropriate authorities confirming why that document does not exist.
While you are waiting for the I-130 petition to be approved, your child may be able to travel to the United States on a non-immigrant visa such as B1/B2 or F1. However, it's important they make it clear to immigration officers when they enter that they will leave before this non-immigrant visa expires and about their non-immigrant intent (that they will not apply for a green card after entering on a non-immigrant visa).
Yes, you should let them know about your naturalization. The petitions of citizens are processed comparatively faster than that of LPRs.
Unfortunately, only citizens can petition for parents and siblings.
Yes, you always need separate petitions for each of your siblings.
You also need separate petitions for your father and mother.
If the marriage between your step-parent and natural parent that created the relationship took place after you turned 18 years of age, then you cannot. But if you were under 18 at that time, you can apply for your step-parent.
If you lack one of the primary documents required, such as a birth certificate, you must submit other secondary evidence, such as school records, vaccination records (where both of your parents’ names and your date of birth are mentioned) and affidavits. And also a letter from the appropriate authorities confirming why that document does not exist.
While you are waiting for the I-130 petition to be approved, your mother may be able to travel to the United States on a non-immigrant visa such as B1/B2. However, it's important they make it clear to immigration officers when they enter that they will leave before this non-immigrant visa expires and about their non-immigrant intent (that they will not apply for a green card after entering on a non-immigrant visa).
Yes, you always need separate petitions for each of your siblings.
You also need separate petitions for your father and mother.
Parents are immediate relatives. And immediate relatives cannot have any derivative applicants (such as spouse or children) in their petitions.
No. The spouse and children of your sibling become the derivative applicants on your siblings’ petition.
In case of Adjustment of Status, the spouse/child of the beneficiary can directly apply as a derivative applicant. Nothing else needs to be done.
In case of IVP, you will need to add the derivatives in CEAC by submitting an NVC public inquiry form or via the embassy.
CSPA is counted. CSPA is a process of calculating the beneficiary’s age even when they are aging out. It basically freezes the beneficiary’s age when the priority date is current.
So, CSPA is the (Age when priority date becomes current) - (the time immigration petition is pending).
Yes, you can. But the stepbrother has to be under 18 at the time of the step parent’s marriage to their natural parent.
Note that this rule does not apply to the half-sibling relationships.
CSPA is counted. CSPA is a process of calculating the beneficiary’s age even when they are aging out. It basically freezes the beneficiary’s age when the priority date is current.
So, CSPA is the (Age when priority date becomes current) - (the time immigration petition is pending).
Unfortunately, in case of principal beneficiary’s death, an I-130 petition for alien relatives is automatically revoked or denied.
If the petitioner dies after the approval of the I-130, then the principal beneficiary can apply for a humanitarian reinstatement.
However, if the petitioner dies when the I-130 is still pending, the principal beneficiary or the derivative beneficiary can seek relief under 204(l). But the primary/derivative beneficiary has to reside in the USA at the time of the death of the principal beneficiary and continue to reside in the USA for seeking relief.
If you lack one of the primary documents required, such as a birth certificate, you must submit other secondary evidence, such as school records or affidavits where both of your parents’ names are mentioned. And also a letter from the appropriate authorities confirming why that document does not exist.
While you are waiting for the I-130 petition to be approved, your sibling may be able to travel to the United States on a non-immigrant visa such as B1/B2 or F1. However, it's important they make it clear to immigration officers when they enter that they will leave before this non-immigrant visa expires and about their non-immigrant intent (that they will not apply for a green card after entering on a non-immigrant visa).
This form is legally required for family-based i-485 or IVP applications to show the petitioner/joint sponsor has adequate means of support the beneficiary after immigration to the United States.
A financial sponsor, including a petitioner, must be at least 18 years old and either a U.S. citizen or a lawful permanent resident (LPR). The sponsor must also have a domicile (residence) in the United States.
Domicile is a complicated issue that must be resolved on a case-by-case basis. A petitioner who is residing abroad must have a primary residence in the United States and intend to maintain that residence for the foreseeable future in order to qualify as a sponsor. Sponsors who are lawful permanent residents (LPRs) must demonstrate that they are maintaining their LPR status.
No, the law requires sponsors to be domiciled (live) in any of the United States, the District of Columbia, or any of the United States' territories or possessions.
To qualify as a sponsor, you must demonstrate that your income is at least 125 percent of the current Federal Poverty Guidelines for your household size. The income requirement can vary depending on the household size, the sponsor’s residence, and whether the sponsor serves the U.S. Armed Forces or not.
Petitioners who are unable to meet the income criteria have the following options:
- Use the income of the intending immigrant.
- Find a "joint sponsor" who agrees to financially support the visa applicant as well,
- Use the income of a household member to meet the Poverty Guidelines.
- Use the household assets to meet the income criteria.
Financial sponsors can only include assets that can be converted into cash within one year and without causing significant hardship or financial loss to the sponsor or his or her family. Savings, stocks, bonds, and property are examples of assets that are easily convertible to cash. Sponsors are allowed to include the value of their house. They may not include the value of their vehicle unless they can demonstrate that they have more than one and that the primary vehicle is not included as an asset.
Your obligation to support the immigrants you are sponsoring in this Affidavit of Support will continue until the sponsored immigrant becomes a U.S. citizen.
In order to work while your I-485 application is pending, you need a work authorization from the USCIS. In order to obtain this, you need to file the I-765 application with the I-485 application.
The I-765 application is filed to obtain work authorization for the applicant. Upon approval of this application, the applicant is granted an EAD card, which allows them to work while their green card is pending.
Just like I-485 applications, the processing times for I-765 applications vary between different USCIS service centers and benefits centers. In general, it takes around 6-7 months to receive approval.
If you submitted Form I-765, Application for Employment Authorization, along with your Form I-131, Application for Travel Document, as a part of your adjustment of the status package, the EAD and advance parole travel document are generally combined on a single combo card. With the combo card, you are considered an adjustment of status applicant who may work in the United States and travel outside the U.S. according to the criteria of advance parole.
The filing fees for Form I-765 is $260 if filing along with the I-485 application or under a pending I-485 application.
Many applicants want to travel abroad while their I-485 is pending to visit family, take a vacation, or even tend to urgent matters. Generally, an AOS applicant that leaves the United States without advance parole will abandon the I-485 application and will likely have trouble reentering. That is why applying for I-131 for advance parole along with I-485 is necessary.
The filing fees for Form I-131 is $630 if filing along with the I-485 application or under a pending I-485 application.
Yes, you can travel while Form I-485 is pending if USCIS has granted you Advance Parole. Remember that, if you travel before approval of Advance Parole (I-131), your I-485 will be denied.
The date that is entered in the I-131 application as the date of travel is a tentative date. The length of the trip is also approximate. You do not have to put in your exact travel date, nor do you have to follow that exact date while planning for a trip.
USCIS may expedite your application if you have a dire emergency and can provide evidence for the urgent need to travel (e.g., medical documentation, death certificate).
You may be able to obtain an emergency Advance Parole Document if one or more of the criteria below have been met:
- Severe financial loss to company or person;
- Emergency situations;
- Humanitarian reasons;
- A nonprofit organization whose request is in furtherance of the cultural and social interests of the United States;
- Department of Defense or National Interest Situation (Note: The request must come from an official U.S. Government entity and state that delay will be detrimental to the Government.);
- USCIS error; or
- Compelling interest of USCIS.
When traveling with advance parole as an adjustment of status applicant, you need to remember to:
- Take your original Advance Parole Document
- Take a photocopy of the I-797C Notice of Action confirming that your I-485 application was accepted.
- Return before the deadline on your Advance Parole Document – leave extra time in case of travel delays
Form I-485, Application to Register Permanent Residence or Adjust Status, includes questions related to whether the applicant is subject to the public charge ground of inadmissibility under INA section 212(a)(4).
Except for some special applicants, every I-485 applicant is subject to the public charge ground of inadmissibility.
USCIS evaluates factors such as the applicant's age, health, family status, assets, resources, financial status, and education and skills to assess their likelihood of becoming primarily dependent on the government for subsistence.
Public cash assistance for income maintenance and long-term institutionalization at government expense are considered when determining if an applicant is inadmissible to the US under the public charge inadmissibility grounds.
Yes, USCIS considers an applicant's assets and resources as part of the factors assessed to determine the likelihood of becoming a public charge.
USCIS considers an applicant's education and skills as factors that may influence their ability to secure employment and financial independence in the United States.
Generally, USCIS does not consider non cash benefits in making public charge determinations. The only non cash benefit they consider is long-term institutionalization at government expense. They also do not consider special-purpose cash assistance that is not intended for income maintenance.
Yes, certain humanitarian categories such as refugees, asylees, and victims of trafficking or qualifying criminal activity are exempt from the public charge of inadmissibility.
Failure to disclose relevant information can lead to delays or denials in the application process.
Disclose this information on Form I-485 and explain the circumstances in the additional information section.
Yes, household income and assets of all included family members must be disclosed, excluding specific illegal sources.
Yes, all applicants filing Form I-485 must undergo a public charge assessment. This includes providing information about their financial status, education, skills, health, and other relevant factors.
Receiving certain public benefits may raise concerns about the applicant's ability to support themselves financially in the future. It's essential to understand which benefits are considered and consult with immigration counsel if you have concerns about your eligibility.
Certain categories of applicants may be exempt from the public charge rule or eligible for waivers, such as refugees, asylees, and certain other humanitarian cases. It's essential to review the specific eligibility criteria and consult with immigration experts if you believe you qualify for an exemption or waiver.
- Naturalization Process
- Travel Before Naturalization
- Naturalization Interview and Oath
- Naturalization Tests
If you are married to a U.S. citizen for three years and have been living in the U.S. with your spouse as a permanent resident for at least three years, you may be eligible for naturalization to become a U.S. citizen. In other cases, you will have to wait at least five years as a permanent resident before you can naturalize.
You must live within the state or USCIS district from which you are applying for at least 3 months before filing.
You have to be at least 18 years of age at the time of filing (except active duty members of the U.S. Armed Forces).
You have to maintain continuous residence for a required period of time. If you are filing form N-400 (naturalization application) because you have been a green card holder for 5 years or more, then you need to maintain physical presence in the United States as a permanent resident for at least 30 months. On the other hand, when you apply for naturalization because you have been a parliament resident for 3 years, but you are married to a US citizen, then you need to maintain physical presence as a green card holder for at least 18 months.
You might be able to apply for naturalization even if your green card is expired. USCIS does not explicitly ask for a valid or unexpired green card for citizenship application. Many have been able to get their citizenship while filing N-400 (naturalization application) with an expired green card. However, you should consult an immigration attorney if your green card is already expired and you want to file for naturalization. Another option is, you can submit form I-90 to renew or replace your current green card, and then file for naturalization with the receipt notice of your pending I-90 (Application to Replace Permanent Resident Card ).
A conditional green card remains valid for a two-year period. A permanent green card is valid for ten years; otherwise, the two cards offer the same rights and privileges. You can apply to remove conditions from your conditional green card before the expiration of that conditional green card. If USCIS approves your condition removal application, you will be given a permanent resident card.
In short, no. You have to become a permanent resident from a conditional residence before you can apply for N-400. However, if you have already applied to remove the condition and you have a receipt notice for this application (I-797C-Notice of Action), then you can apply for naturalization with the receipt notice.
You can legally change your name when you naturalize. You need to input your name change request in the forms and submit evidence regarding the matter if you want to legally change your name.
Yes. You can legally change your name after filing your application for naturalization with USCIS. If your name has changed after you filed a naturalization application, you must promptly provide USCIS with the documents that legally changed your name, such as a marriage certificate, divorce decree, court order, or other official records.
Yes. You need to provide your residence history for the last 5 years till your naturalization application.
Yes, you need to provide your every employment for the last 5 years till your naturalization application. You will also need to mention this even if you were unemployed during this time.
Yes, you need to provide information about your every child regardless of whether they are alive, missing, deceased; born in other countries or the United States; under 18 years of age or over 18 years of age; married or unmarried; living with you or elsewhere; current stepchildren; legally adopted children; or children born when you were not married.
If one of your parents (or both) were citizens when you were born abroad, you may automatically become a U.S. citizen.
You can naturalize through the N-600 application if you are under 18 years old and one of your parents becomes a US citizen through naturalization.
Good moral Character is one of the crucial requirements for naturalization as a US citizen. A lot of behavior and conduct can be considered by USCIS as a bad moral character which is not necessarily a criminal offense. Here are some examples of conduct that demonstrate a lack of good moral character- Any crime against a person or property or the government with an intent to harm or fraud, Two or more crimes for which the accumulated sentence was more than 5 years, violating any controlled substance abuse act, habitual drunkenness, illegal gambling, polygamy, failing to pay court-ordered child support or alimony, lying to gain the immigrant benefit, persecution of a person based on their religion, race, sexual orientation, political opinion, etc.
Confinement in prison, jail, or similar institute for 180 days or more in the past 5 years might demonstrate a lack of good moral character.
There are certain crimes that not only show a lack of good moral character but also may cause you to be permanently ineligible for naturalization. Generally, the offenses that can cause such permanent bars are- murder, any aggravated felony if you are convicted on or after November 29, 1990, genocide, torture, persecution, or severe violation of religious freedom.
The USCIS's definition of an aggravated felony covers a wide range of offenses, including some you might assume, such rape, child pornography, sexual assault on a child, trafficking in drugs or weapons, racketeering, operating a prostitution business, and $10,000 or more in fraud.
Yes. You should mention all the offenses you committed in your N-400 form in the designated spaces even when your criminal record is expunged (removed from your record) or the crime was committed before your 18th birthday. If you hide any information regarding this and it is found out by USCIS later there is a good possibility that your application might be denied.
If you have been arrested or convicted of a crime, you must submit a certified copy of the arrest report, sentencing, court deposition, and other relevant documents. The only exception to this rule is a traffic citation if it was not a drug or alcohol related and the fine was under $500. In that case, you do not need to submit any documentation regarding this.
Yes, it is illegal for an immigrant to marry someone just to get a green card or citizenship or any other immigration. These unions are additionally characterized as sham or false unions. According to the United States Citizenship and Immigration Services (USCIS), this is a federal offense with serious repercussions for the offender, a citizen of the United States, as well as other convicts.
Both the American citizen and the immigrant will be prosecuted if found.
- For the Immigrant: If found guilty of marriage fraud or a sham marriage, the immigrant will face serious consequences. A person who intentionally and knowingly enters into a marriage with the intent to evade any immigration legislation is subject to a five-year maximum prison sentence, a fine of no more than $250,000, or both, according to INA 275 (c).
- For the U.S. Citizen: From a citizen's perspective, there are two sorts of marriage fraud. They knew the marriage wasn't legal going into it, or they didn't know what the foreign spouse's intentions were. As opposed to the former, which is a false marriage, the latter is marriage fraud. Depending on the level of involvement, the citizen may be subject to fines, jail time, or both. They're likely to face serious charges if they agreed to be married in exchange for money or other benefits.
The USCIS places a high priority on checking the real marital situation for possible fraud due to the surge in marital fraud throughout the years. To stop them, it collaborates with a number of allied organizations, such as ICE and NVC.
A bona fide marriage was entered in “good faith.” This practically means that spouses were in love with each other, and they intended to stay together forever, not until a foreign spouse gets a green card. Such marriage differs from a marriage which took place to take advantage of U.S. immigration laws unjustly, otherwise known as a fraudulent marriage.
If you are a green card holder and you want to file for naturalization based on your marriage to a US citizen, you must have been married to your U.S. citizen spouse for at least three years before submitting your N-400 application. This clause stipulates that you must have been married to your citizen spouse for the whole three-year period prior to filing. If you and your spouse truly live together, USCIS will regard the two of you as "living in marital union." However, this does not mean you and your US citizen spouse need to physically live together the entire time.
- If your U.S. citizen spouse dies at any time prior to you taking the Oath of Allegiance.
- If you or your spouse terminated the marriage through divorce or annulment,
- If you are no longer actually residing with your U.S. citizen spouse following a separation.
Yes. You will have to mention every trip duration outside the USA for the last five years till the naturalization application. Every 24 hours spent outside the USA will be counted as a trip day.
The number of your trips outside the USA and length of those trips can affect your naturalization application immensely. If you are filing Naturalization based on 5-year- permanent residency, you must be physically present in the USA for at least 30 months in the last 5 years. If you are filing N-400 based on 3-year-permanent residency, you must be physically present in the United States for at least 18 months in the last 3 years. When counting the total number of days spent outside the country, include all the trips you took outside the USA in the last 5/3 years.
No trip outside the United States in the last 5 years (3 years in case of marriage based naturalization) should last more than 6 months as it brings complications in the Naturalization process. If any of your trips last more than 6 months but less than 1 year, you will have to provide proof of maintaining residency in the United States during the time of absence. You should consult an experienced immigration attorney, if your situation is like this.
No. Any single trip should not last more than 1 year, if you have a naturalization plan in the foreseeable future. If you have a trip longer than 1 year, your continuous residency will break. That means, the countdown of your 5-year/3-year green card holding period will start over from the day of your return to the USA .
Physical presence refers to the total number of days you spent in the country as a permanent resident prior to filing the naturalization application (form N-400). Continuous residence refers to the period of time you have lived as a green card holder in the US without taking any single trip that might "break" that continuity for naturalization purposes. For example, if you take any trip outside the USA that lasts more than 6 months, the amount of days you have spent in the USA as a green card holder prior to this trip, might not be counted towards your eligibility for naturalization thus breaking your continuous residence.
After the first and second steps of the naturalization process are complete, that means applying and getting biometrics done USCIS will send you an appointment notice with the date and time of your interview.
You will get to know which USCIS field office you must go to for your interview from the appointment notice. The location of your appointment will be determined by the ZIP code you provided in the “Current Physical Address” section of your N-400 form.
To notify USCIS about your current address change, you will need to fill up AR-11 and submit it online. It is a very easy process with no fees involved. All the information you will need is your new address, old address, A-number, and Receipt number of pending N-400. You must do it within 10 days after you move to your new address. Keeping your current address up-to-date in this way will help you get all the important notice from USCIS including the interview appointment notice.
Yes. You should bring certain original documents to your interview. Examples of these documents include; original birth, marriage, divorce, final adoption, and naturalization certificates; court orders/decrees; evidence of child support payments; court-certified arrest reports; and probation/parole records. Certain certified copies of documents can also be provided.
You may bring a representative, or an interpreter (if needed) with the appropriate paperwork such as submitting the G-28 (Notice of Entry of Appearance as Attorney or Accredited Representative) form with your N-400 form. Moreover, you may take a family member or friend with you, clarifying the reason why you need their support during the interview.
You can be asked anything in the interview. However, keep in mind, Before the interview, the USCIS officer will review your Form N-400 and your “A-File,” which is a collection of records documenting your immigration journey. Generally, the USCIS officer will explore the content of these files and take clarification from you during the interview.
Yes. USCIS is committed to providing reasonable accommodations for qualified individuals with disabilities and/or impairments that will help them fully participate in USCIS programs and benefits.
No. You only become a US citizen after you attend a formal naturalization ceremony and take an oath of allegiance. After a successful interview USCIS will notify you about this by sending a notice to take an oath of allegiance (Form N-445).
You can appeal requesting a hearing to re-evaluate the decision by filing form N-336. You will get this form with the denial letter from USCIS. The form must be submitted with the correct fee within 30 days of receiving the denial letter. If you are still aggrieved by the decision of this appeal, you can file another appeal to the district court.
Yes. USCIS is committed to providing reasonable accommodations for qualified individuals with disabilities and/or impairments that will help them fully participate in USCIS programs and benefits. You should state your disability or impairment and the required accommodation in the assigned space of N-400 form (naturalization application)
Usually, you have to take your naturalization tests, both English and Civics, on the same day as your naturalization interview if there is a slot available on that day, otherwise they will schedule another day for the tests. The tests are part of a naturalization interview and take place during the interview.
As part of the naturalization process, applicants for U.S. citizenship must pass a two-part naturalization test. The first component is an English test that assesses the applicant’s ability to read, write, and speak in the language. The second, a civics test, evaluates the applicant’s knowledge of U.S. history and government.
The civics test is an oral test and the USCIS Officer will ask the applicant up to 10 of the 100 civics questions. An applicant must answer 6 out of 10 questions correctly to pass the civic portion of the naturalization test. You will find the complete list of 100 questions on the USCIS website among which the USCIS officer will randomly choose 10 questions.
If you are 50 years old or older and you have been a green card holder for at least 20 years, you will be exempted from taking the English test. But you will still have to take the civics test.
Also, If you are 55 years old or older and you have been a green card holder for at least 15 years, you will be exempted from taking the English test, but not the civics test.
In two cases an applicant can be exempted from both English and Civics tests. Firstly, If the applicant is aged 65 and older and has lived in the U.S. as a green card holder for at least 20 years, they will be exempted from both tests.
Secondly, If the applicant has any medical disability. It should be noted, to prove the ground of medical disability, Form N-648 must be filed with a naturalization application.
Yes. You can request an exception to the English language and/or civics tests based on a physical or developmental disability or mental impairment that prevents you from complying with the English language and/or civics requirements for naturalization. Submit Form N-648, Medical Certification for Disability Exceptions, as an attachment to your Naturalization application (Form N-400). Remember that, USCIS will not exempt you from any test on ground of disability if you have not filed form N-648.
- Family-Based IVP
- Employment-Based IVP
- Immigrant Visa Interview
With the approved I-130, you can proceed with the next steps based on your location. If you're in the U.S., file the I-485 Application to Adjust Status. If abroad, the National Visa Center will guide you through the Immigrant Visa Processing (IVP). Pay close attention to the priority date assigned during the I-130 approval, as it determines your place in the visa queue and influences when you can move forward in the process.
If an immigrant visa is available for you, NVC will begin pre-processing your case by asking you to pay the appropriate fees on the CEAC website. After the appropriate fees are paid, you will be able to submit the necessary immigrant visa forms and documents. If visas are not available for your visa category, NVC will notify you that NVC received your petition and will hold it until a visa becomes available.
The family-based immigrant visa processing fees consist of $325 for each applicant undergoing Immigrant Visa Processing (IVP) and an additional $120 for the Affidavit of Support.
An Affidavit of Support, also called the Form I-864, is a document an individual signs to accept financial responsibility for the applicant who is coming to live in the United States. The person who signs the Affidavit of Support is also called the “sponsor.”
The petitioner of a family-based petition (Form I-130) must submit an affidavit of support in order to sponsor the applicant she/he petitioned for. Also, if the annual income of the petitioner does not meet the USCIS minimum required level, a joint sponsor also should submit an affidavit of support for the applicant along with the petitioning sponsor.
A joint sponsor is a U.S. citizen or green card holder who agrees to take on the legal obligation of financially supporting an applicant for a family-based green card.
The main sponsor (the petitioner who filed Form I-130) is also known as the petitioning sponsor. If the petitioning sponsor does not have sufficient income to support the intending immigrant, she/he may need the help of an additional sponsor. The additional sponsor is called a joint sponsor.
The family-based IVP application is an online process. To submit and affidavit of support form you have to fill up the pdf file of the I-864 form, sign it, scan it, upload and submit it on your spouse’s CEAC portal.
The family-based immigrant visa application is an online process. You have to fill up an online form called DS-260 after logging into the CEAC port and paying the fees. After filling up the form you have to submit it along with the required civil documents on the CEAC website.
Yes, if your I-130 petition's priority date is current and you're residing in the U.S., you can submit an adjustment of status application after staying for at least 90 days (if on a nonimmigrant visa). And notify the NVC about your intention through the public inquiry form.
If a visa is available for your category, and your situation involves a life or death emergency, processing of your case may be expedited. For an expedite request, please submit a scanned letter (or statement) to NVCExpedite@state.gov explaining the situation along with strong evidence.
You can try requesting NVC to update your information on the form through a public inquiry form. However, if NVC refuses to update the form, you should consult an experienced immigration attorney regarding this issue.
Yes, you can. If you move to another country during your application process while the case is at the NVC, you can submit a request to change your consulate through the public inquiry form along with proper evidence of your legal stay in the desired country.
After submitting the application and the required documents, NVC will review your application and the documents. If they need any further information or documents they will notify you through the CEAC portal. After receiving all required information and documents, they will send you an email stating that your case is now documentarily qualified (DQ).
Now NVC will start working with the respective US consulate to secure an interview date for you. After securing the date, NVC will notify you regarding the interview date, place and time through an interview letter. In the meantime, you do not have to do anything but to wait for the interview letter.
If the petitioner becomes a US citizen from LPR during the IVP process, the visa category of the applicant will be changed and to update the visa category, the petitioner or the applicant has to notify the National Visa Center (NVC) regarding the change of US status of the petitioner along with proper evidence (US Passport/Naturalization Certificate).