Immigration News & Updates
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eNewsletter POSTING DATE: May 29, 2017
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Immigration
Questions & Answers
This Week's Immigration News
Reminder That New Form I-130A Required
For Spousal Residency Cases
Effective April 28, 2017, the USCIS began requiring that a new Form I-130A (Supplemental Information for Spouse and Beneficiary), be filed for all spousal Residency cases, in addition to all the other required forms, including Form I-130 and Form G-325 for each spouse.
The new form gathers much of the same information as the current Form G-325, but until further notice, does not replace it.
Question: My husband and I filed my immigration papers in 2015 and since that time I got my work permit and we went to the immigration office for 2 interviews so far. The last time we went, the officer said it was taking so long because we didn’t have much marriage documents. We explained that my husband had bad credit and couldn’t get on my bank account, so we don’t have that together, and we live with him mom, so we don’t have a lease and all the utility bills are in his mom’s name. But after that appointment we still did not get my green card. Now my work permit is expiring and I need to renew it because my green card case is going on so long. My question is, what do I need in order to get the permit renewed, and how much is the immigration fee? Also, what can me and my husband do to get my green card approved?
Answer: It is unusual that your residency petitions would be pending for so long and as the officer said, likely due to your lack of marital documentation. As I always tell my clients, in immigration, nothing is real unless you have a document to prove it, simple as that. Even though it may seem practical and cost efficient for a couple to live with relatives that is usually a red flag for a USCIS officer trying to determine if a marriage is real. Similarly, when a couple has no utility bills in their name and does not share a joint bank account, more red flags. Even though a marriage is real, spousal immigration cases which lack typical marital documentation can be drawn out for years and be tortuous for a couple, needlessly. Some simple advice to couples, at a minimum:
1) Take the USCIS seriously – it’s better to be over prepared, rather than under prepared and delay the green card process
2) Do whatever it takes to have a joint marital bank account that both spouses use on a daily basis (not just a saving account).
3) Have a lease with both spouses names and pay rent from your joint account
4) Always do your tax return married filing jointly, don’t file head of household just to get more money back from the IRS, you are shooting yourself in the foot
5) Split the utilities, get several in the U.S. Citizens spouses name and several for the foreign national spouse
6) Get joint car insurance
7) Make sure both spouses Driver’s Licenses are at the same marital address
8) Take lots of pictures with family and friends in different occasions.
To renew your work authorization card (work permit), complete and sign form I-765, ands sent to USCIS with a copy of the front and back of your current work permit, copy of the I-485 receipt, copy of your passport Biographic page and 2 passport photos.. You do not need to pay the work permit renewal fee, since your original I-485 fees included all renewals.
To try and get the status of your case, you should make an infopass appointment at your local USCIS. If you do not receive an update and your case is still processing, you can request that your local Congressional or Senatorial office make an inquiry on your behalf. This can be quite effective for long pending cases and should result in either a decision being made on your case, or a new interview within about 30-60 days. However, this time, be prepared! See the above advice and be prepared for separate interviews if the USCIS officer believes it’s warranted. Let me know if you need Attorney representation and assistance in properly preparing your documents and representation at your interview. Good luck!
Helpful Immigration Hints You Can Use
USCIS Immigration Application Filing Tips
The USCIS recently issued a reminder for Applicants and Petitioners to include an Apartment Number with the address on the forms, according to its requirements. Each year hundreds of packages, notices and even Green Cards to Applicants by the USCIS are returned as undeliverable.
Frequently, this is due to the fact that the Applicant or Petitioner did not include the apartment number correctly on the forms. And of course, you should always keep your address up-to-date and file a change of address within 30 days of moving to a new location. You can get more filing tips and make your address change online by clicking on the link below:
Immigration How To:
How Do I Replace My Lost I-94 Card?
Replacing a Lost Arrival/Departure I-94 Card
An I-94 is a small slip of paper which was, until recently issued to all international visitors and visa holders entering the U.S.. Officially called the Arrival/Departure card, the I-94 contained the date of entry into the U.S. as well as the date by which the individual must depart from the U.S.. Often, individuals do not understand how important this little card is until it is too late.
In order to change immigration status inside the U.S. to any other immigrant or non-immigrant visa status, immigration regulations require that a copy of the I-94 be included with the application to establish eligibility.
Foreign nationals must prove that they entered the U.S. legally and were inspected by an immigration officer in order to qualify to file for immigration status in the U.S.. Those who did not enter the U.S. legally are generally not entitled to obtain any new immigration status in the U.S., even when married to a U.S. citizen unless a Waiver is obtained.
If your I-94 card is lost, stolen or seriously damaged, you can apply to replace it by filing Form I-102, Application for Replacement/Initial Arrival-Departure Document. You also may file Form I-102 if you wish to receive a replacement I-94 card with corrected information on it — for example, if the immigration officer spelled your name wrong on the initial I-94 card. The nonrefundable filing fee for Form I-102 is $445. It generally takes about 60 days to receive the I-94 replacement card in the mail.
Under the new electronic I-94 system implemented in 2013, international visitors are no longer issued paper I-94 cards upon entry into the U.S.. Instead, individuals are provided with instructions on accessing their I-94 records online and printing the I-94 card out from the U.S. Customs and Border Protection (CBP) agency. You can visit the CBP site to print out your paper I-94 cards:
A Request for Evidence (RFE) is a letter that the USCIS officer sends you to request additional information or documentation on your application. RFE requests are generally most frequently issued for missing information or documentation to establish your eligibility.
Responding to an RFE from the USCIS
Always read the RFE letter very carefully to determine exactly what kind of evidence or document is being requested. Some RFE's are more complex than the others and it is difficult to determine and some are simple and easy to understand.
Tips on Answering a USCIS Request for Evidence (RFE)
A Request for Evidence (RFE) is a letter that the USCIS officer sends you to request additional information or documentation on your application. RFE requests are generally most frequently issued for missing information or documentation to establish your eligibility.
Responding to an RFE from the USCIS
Always read the RFE letter very carefully to determine exactly what kind of evidence or document is being requested. Some RFE's are more complex than the others and it is difficult to determine and some are simple and easy to understand. For more complicated RFE letters, you may want to retain an immigration attorney to assist you. Once you have determined what the letter is requesting, be sure to provide the exact document requested. For instance, an officer may request a “long form” of a Birth Certificate. If you respond that you do not have one, your case will likely be denied. The appropriate action to take is to request one from the departmental authority in your country of birth.
How much time do I have to respond to an RFE?
Depending on the type of case, you may have from 33 days to 87 days to respond so that the USCIS receives your response before the expiration date. If you fail to respond or filed after the deadline, your case will likely be denied. To be on the safe side, you should always send your response by Express or Priority Mail and get a delivery confirmation. Never send any communications to the USCIS via Certified Mail, which takes much longer and can risk your response being received late. Finally, remember that your response to the USCIS officers request must be RECEIVED by the USCIS ON or BEFORE the deadline. Responses received even one day late result in complete case denials.
After I respond-what happens next?
Depending upon the case, it could take up to 60 days or more. You can check the online status to see if it is stating that your RFE response has been received, or call the USCIS 800# to ask if the computer show the USCIS received it. For adjustment case (I-485) requests, the officer may wait to receive your response before continuing processing of your Work Authorization application which will cause delays in its issuance. To avoid this, send your response as soon as possible and do not wait until you get near the deadline in the letter.
Questions?
If you need legal assistance responding to an USCIS request, contact a qualified Immigration attorney or call our office at: (954) 382-5378.
