Overview of Forms

1. Overview of Forms Texas Service Center Special Presentation October 2010 8 CFR 299.1 Instructions to U.S. CIS Forms

2. First, Some Terms… • A petition is generally filed by a qualifying U.S. citizen or U.S. employer on behalf of a non U.S. citizen (Think sponsor). • An application is usually filed by the individual requesting the immigration benefit, when allowed. • Adjudication is the processing of a form to completion. • A nonimmigrant is a non U.S. citizen coming to the U.S. temporarily. • Classification is an abbreviated reference to the type of visa issued to an individual.

3. Official Forms Some forms are for information or notification purposes only, including: • AR-11 Alien Change of Address Card • G-28 Notice of Entry of Appearance as Attorney or Representative • G-325 Biographical Information • I-94 Arrival-Departure Record • I-551 Permanent Resident Card

4. Common Forms This is a quick overview of the most commonly filed applications and petitions that require an adjudicative decision: I-90 I-102 I129 I-129F I-130 I-131 I-140 I-485 I-539 I-730 I-751 I-765

5. First, commonly filed forms adjudicated at the Texas Service Center

6. I-90, Application to Replace Alien Registration Card Filed by Lawful Permanent Residents (LPRs) and Conditional Resident Aliens (CRAs) to apply for replacement alien registration cards • To replace card for “As Is” status; • Not filed to remove conditions on residency; • May be filed in or outside the U.S.

7. I-90, Application to Replace Alien Registration Card • Reasons LPRs may file: • Present card expiring; • Reached 14th birthday; • Replace old edition of card; • Status automatically converted to permanent resident.

8. I-90, Application to Replace Alien Registration Card • Reasons LPRs or Conditional Residents may file: • Lost, stolen or destroyed card; • Never received card; • Mutilated card; • Incorrect card when received; or • Name or biographical information has changed.

9. I-102, Application for Replacement/Initial Nonimmigrant Arrival/Departure Record • Application for a new or replacement Form I-94: • I-94 is issued to each arriving nonimmigrant alien admitted to the United States, unless exempt. • I-94 is generally surrendered at the time of departure from the U.S. • Application must be filed while alien is inside the U.S.

10. I-102, Application for Replacement/Initial Nonimmigrant Arrival/Departure Record Must be filed because the original Form I-94 was: • Lost; • Stolen; • Mutilated; or • Never previously issued (ie. visa exempt). Applicants must submit proof of legal entry.

11. I-102, Application for Replacement/Initial Nonimmigrant Arrival/Departure Record To re-issue form I-94 or I-95(Crewman’s landing permit) only. Approval will not: • Extend Stay; • Allow for change of status; or • Change or correct biographical information

12. I-130, Petition for Alien Relative • Filed to establish a claimed relationship between the petitioner (USC or LPR) and an eligible beneficiary (alien relative) under sections 201(b) and 203(a) of the INA.

13. I-130, Petition for Alien Relative • Does not authorize the beneficiary to enter or remain in the U.S. • Establishes a basis for the beneficiary to apply for an immigrant visa or for adjustment of status. • Provides priority date (generally the date of filing) for visa availability • No wait for Spouse, Child or Parent of USC.

14. I-130, Petition for Alien Relative • USC may file for: • Spouse; • Child; • Unmarried son or daughter over age 21; or • Married son or daughter. • USC over age 21 may also file for: • Brother or sister, or • Parent

15. I-130, Petition for Alien Relative • Lawful Permanent Residents (LPRs) may apply for: • Spouse; • Child; or • Unmarried son or daughter.

16. I-131, Application for Travel Document Filed to receive: • Reentry Permit; • Refugee Travel Document; or • Advanced Parole Document.

17. I-131, Application for Travel Document A Re-entry Permit: • Required when an LPR or CPR intends to be out of U.S. for over 1 year. • Valid for up to 2 years; or • Valid to conditional status expiration for CPRs. • Form I-327 is issued. • Resembles machine-readable visa in passport.

18. I-131, Application for Travel Document Refugee Travel Document: • Travel outside U.S. cannot exceed 1 year. • Alien in valid refugee or asylee status. • May also be LPR as direct result of refugee or asylee status. • Form I-571 is issued. • Resembles machine-readable visa in passport.

19. I-131, Application for Travel Document Advance Parole Document • Alien inside the U.S.: • Have pending application that does not allow travel outside the U.S. while that application is pending (ie. I-485) • Alien outside the U.S.: • Travel to U.S. is for emergent business or personal reasons • Cannot obtain necessary visa and any required waiver of inadmissibility • Extraordinary measure for very compelling emergency

20. I-131, Application for Travel Document Issued as Form I-512 • 8 ½” X 11” sheet of paper with alien’s photo and Immigration dry seal.

21. I-140, Immigrant Petition for Alien Worker To petition for an immigrant based on employment • Merely establishes a basis for the beneficiary to apply for an immigrant visa or adjustment of status • DOES NOT grant employment authorization • Does not affect alien’s current status

22. I-140, Immigrant Petition for Alien Worker May be filed by U.S. employer for: • Outstanding Professors and Researchers • Multinational Executives and Managers • Aliens with advanced degree or aliens of exceptional ability in sciences, arts or business • Skilled workers • Unskilled workers • Other workers

23. I-140, Immigrant Petition for Alien Worker Individuals (including alien) may file: • Aliens with extraordinary ability in sciences, arts, education, business or athletics (first preference) • Advanced degree or exceptional ability (second preference) with request for national interest waiver (NIW) of job certification

24. I-140, Immigrant Petition for Alien Worker Labor Certification • Signifies that the DOL has found insufficient U.S. workers who are able, willing and qualified to perform a specific job. • ETA-750 (pre March 28, 2005) • ETA-9089 (after March 28, 2005)

25. I-140, Immigrant Petition for Alien Worker Labor Certification required for: • Skilled workers (other than schedule A); • Professionals (other than schedule A); • Other Workers; • Advanced degree or exceptional ability (second preference) (other than NIW or Schedule A).

26. I-140, Immigrant Petition for Alien Worker Unless it is revoked, the approval is valid indefinitely. Aliens are entitled to recapture an older priority date from an approved, unrevoked I-140, even if it was a different employer or preference category.

27. I-485, Application to Register Permanent Residence or Adjust Status Adjustment of status is the means by which an alien becomes a lawful permanent resident (LPR) without leaving the United States.

28. I-485, Application to Register Permanent Residence or Adjust Status To be eligible, an alien must: • have been inspected and admitted or paroled; • be admissible; • Must be present in the U.S. when filing; • Must remain in the U.S. while application is pending, or application is deemed “abandoned” unless the alien receives advance parole; AND • A Visa must be immediately available.

29. I-485, Application to Register Permanent Residence or Adjust Status Beneficiary of an approved visa petition may be… • Family-based (I-130) • Employment-based (I-140, I-360 or I-526) • Beneficiary is the “principal applicant” • Family (derivatives) may accompany or follow-to-join, but must file their own I-485

30. I-485, Application to Register Permanent Residence or Adjust Status Eligibility under special programs: • Cuban Adjustment Act • Haitian Relief (HRIFA) • Marriage occurred after K1/K2 admission • Asylum granted • Refugee classification • Cancellation of removal Currently only Asylum applications are done at TSC

31. I-485, Application to Register Permanent Residence or Adjust Status INA 245(k): Allows for adjustment of status for aliens not maintaining lawful status for an aggregate of less than 180 days: • Lawful admission expired; or • Unauthorized employment

32. I-485, Application to Register Permanent Residence or Adjust Status INA 245(i): Allows for adjustment of status for aliens not maintaining lawful status for an aggregate of more than 180 days: • Available for aliens that enter without inspection (EWI) • Priority date April 30, 2001 or earlier

33. I-730, Refugee/Asylee Relative Petition Filed by aliens who are granted asylum or refugee status and wish to petition for their accompanying or following-to-join spouse/child.

34. I-730, Refugee/Asylee Relative Petition • Filed with either TSC or NSC. • There is no filing fee. • Evidence of petitioner’s status must be submitted. • Evidence of the claimed relationship and the beneficiary’s photograph must be submitted.

35. I-730, Refugee/Asylee Relative Petition • Beneficiary’s eligibility for asylum or refugee status… • Asylees: the beneficiary must not be barred from receiving asylum. • Refugees: the beneficiary must be admissible to the U.S. and must not be a person who has ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion. • The beneficiary cannot have been previously granted asylum or refugee status.

36. I-730, Refugee/Asylee Relative Petition • Beneficiary’s eligibility to be classified as a spouse or child • The beneficiary must meet the definition of a spouse or child (natural, step, legitimated, adopted). • The relationship between petitioner and beneficiary must have existed prior to petitioner’s grant of asylum or admission as a refugee, and must continue to exist.

37. I-730, Refugee/Asylee Relative Petition If the beneficiary was not previously claimed by the petitioner, the burden of proof is on the petitioner to explain why the beneficiary was not previously claimed and submit clear and convincing evidence of relationship.

38. I-751, Petition to Remove Conditions on Residence An alien who gains permanent residence in the U.S. by virtue of a marriage (to a USC) that is less than 24 months old is a Conditional Permanent Resident (CPR) must file an I-751 to remove the conditional basis on their permanent residence. These are not worked at TSC.

39. I-765, Application for Employment Authorization Filed to obtain Employment Authorization Document (EAD): • Renewal EAD • After expiration or change in category • Replacement EAD • Lost, stole or incorrect information • Interim EAD • When EAD was not issued within the legal time limits • Does not provide or deny any immigration status.

40. I-765, Application for Employment Authorization Examples of Eligibility for EAD: • Asylees • Refugees • F1 students • Optional Practical Training • Off-Campus employment • J2 Dependents • M1 Students • Optional Practical Training

41. I-765, Application for Employment Authorization Examples of Eligibility for EAD (cont’d): • E1/E2 or L1 spouses • K1 fiancé(e) of USC • K2 Dependent • Dependents of A1 or A2 representatives of foreign government • I-485 pending • Asylum Applicants • TPS Applicants

42. I-765, Application for Employment Authorization Not required to file for EAD: • A1, A2, A3 • C2, C3 • E1, E2 (spouses must file) • F1 • G1 through G5 • H’s, I’s, J1, L1, O’s, P’s, Q’s – Not Dependents • Religious workers, NATO employees, NAFTA

43. Commonly filed forms that are currently NOT adjudicated at TSC

44. I-129, Petition for Nonimmigrant Worker • Provides eligibility for qualified aliens to enter the U.S. in one of several nonimmigrant classifications.

45. I-129F, Petition for Alien Fiancé(e) • For alien fiancé(e) to enter the United States to marry a United States Citizen.

46. I-539, Application to Extend / Change Nonimmigrant Status For nonimmigrants in the United States to apply for an extension of stay or change to another nonimmigrant status.