Joseph Caraccio

Online Tool to Change Your Address With The Immigration Court

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ICE has announced that their “online change of address tool” for people in removal proceedings, subject to a removal order or Order of Supervision of some kind, or are otherwise required to keep their address updated with DHS/ICE. You can find the online tool at this link: https://onlinechangeofaddress.ice.gov/ You can still submit a change of address the old fashioned way using a paper form but it’s strongly encouraged that you do it online so you get instant proof of filing that you can print out to avoid any confusion in the future or being blamed for not informing DHS of the address change. Finally, it’s very important that you remember to also inform the Court of any change of address if you are currently in removal proceedings or required to do so. The Court still uses a  Form EOIR-33, Change of Address/Contact Information available at  through the Department of Justice EOIR website at https://www.justice.gov/eoir/form-eoir-33-eoir-immigration-court-listing. The Press Release from ICE is available on their website at ICE.gov and has been quoted below: WASHINGTON — U.S. Immigration and Customs Enforcement (ICE)’s online change-of-address form for noncitizens – first announced in April 2023 – is now fully operational. This new system gives noncitizens the option to update their information online in addition to the existing options of doing so by phone or in-person. It will enable noncitizens to comply with their immigration obligations more easily and improve the accuracy of address information reported to ICE by utilizing address autofill to ensure U.S. Postal Service standardization. After successfully entering a valid mailing address, if the noncitizen is currently in removal proceedings pursuant to Section 240 of the Immigration and Nationality Act (INA), the interactive online shows the noncitizen information on how to also change their address with the immigration court as required, using the Executive Office for Immigration Review’s (EOIR) Form EOIR-33, Change of Address/Contact Information, which may be submitted by mail, in-person at the immigration court, or online through EOIR’s Respondent Access. The EOIR-33 is currently available in English, Spanish, Chinese, Haitian Creole, Portuguese, and Punjabi. To determine if a noncitizen still needs a notice to appear, ICE will run system checks to make sure the noncitizen is not already in removal proceedings pursuant to Section 240 of the INA, does not have an affirmative asylum application pending with U.S. Citizenship and Immigration Services (USCIS) and does not already have a final order of removal. Noncitizens eligible for, but who have not yet received a notice to appear – meaning those who were released on conditional parole with an alternative to detention – may be prompted to state whether they want to receive their notice to appear by mail or to in person by scheduling an appointment at an ERO field office. To process an online change-of-address, the system requires a full name, A-number and validated non-commercial address. It takes approximately one minute to complete the form. All noncitizens in the United States, except A and G visa holders and visa waiver visitors, must also report a change of address to USCIS within 10 days of relocating. SOURCE: ICE Press Release https://www.ice.gov/news/releases/ice-online-change-address-tool-noncitizens-fully-operational

How To: Apply For U Visa

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Applying for U Nonimmigrant Status (U Visa) What USCIS Forms do you need to file? What evidence should be sent with the U Visa application? What other documents are required for a U visa? The answers to all those questions and more are below in this brief guide to filing for U nonimmigrant status. FORMS TO FILE: You will need to file a separate I-918 Supp A for each derivative that will be a part of the application.  TO APPLY (PETITION) FOR A U NONIMMIGRANT STATUS, SUBMIT: You may also apply (petition) for U nonimmigrant status if you are outside the United States. To do this, you must: CHECKLIST OF REQUIRED DOCUMENTS FOR U VISA​​ ​** indicates required initial evidence. While all items in the checklist should be provided, packages will be rejected without these items. ​​ EMPLOYMENT AUTHORIZATION Principal U Nonimmigrants: You are authorized to work once we have approved your underlying petitions for U nonimmigrant status. We will automatically issue an Employment Authorization Document (EAD) when we approve your petition. You do not need to file a separate Form I-765, Application for Employment Authorization, to receive an EAD related to the approval of your petition for nonimmigrant status. ​The above instructions from the USCIS website are confusing. They say not to submit an I-765 because the issuance of EAD is automatic but it’s only automatic when the U visa is approved and that may be 4-5 years from now.   You should submit an I-765 with your I-918. If you submit an I-765 with your I-918 then they can approve the I-765 once the bona fide determination is made and while you are waiting for your U visa to become available. ​ MORE INFO ABOUT U VISAS. CAN I TRAVEL AFTER U VISA IS APPROVED? WHAT CRIMES QUALIFY FOR A U VISA?

245(i)

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INA 245i

WHAT IS SECTION 245(I) OF THE IMMIGRATION AND NATIONALITY ACT? Section 245(i) of the Immigration and Nationality Act (INA) allows certain noncitizens physically present in the United States to adjust status to a lawful permanent resident despite being ineligible to adjust status under INA 245(a) because they entered the United States without inspection, violated their nonimmigrant status, were employed in the United States without authorization, or are otherwise barred from adjustment by INA 245(c). Those grandfathered under INA 245(i) can waive their immigration violation(s) and adjust status upon payment of a $1,000 fee, which essentially serves as a fine. WHO IS GRANDFATHERED UNDER INA 245(I)? Immigrants who are the beneficiary of a labor certification or family-based visa petition (or less common Immigrant Petition by Alien Entrepreneur (Form I-526))that was filed on or before April 30, 2001, would be grandfathered under INA 245(i). The labor certification or petition must have been approvable when filed, even if it was never approved. Approvable when filed means that it was properly filed, meritorious in fact; and Non-frivolous. INA 245(i) also grandfathered derivative beneficiaries of theses labor certifications and visa petitions. The basis of a grandfathered individual’s eventual adjustment, however, is not restricted to the application or petition filed to preserve adjustment eligibility. The grandfathered individual’s application for adjustment of status may be based on any adjustment provision available to the individual at the time of adjustment and usually won’t be based on the grandfathering petition or labor cert. For example, a qualifying Form ETA-750 filed on or before Jan. 14, 1998, preserves the individual’s eligibility to adjust status after that date. However, the filed ETA-750 does not commit that individual to adjustment on the basis of an employment based petition. If, after Jan. 14, 1998, the individual was named as beneficiary in a family based petition or won an immigrant visa in the diversity lottery, they may adjust status on the new basis. (The immigrant visa won in the diversity lottery will not grandfather an individual, but may be used as a basis of adjustment by an individual who is already grandfathered under section 245(i)). HISTORY, AMENDMENTS, AND EXTENSIONS In 1997, 245(i) was extended and revised. Qualified applicants no longer had to submit their application for adjustment of status by October 1, 1997. Rather, an immigrant visa petition or labor certification application had to be filed on the principal applicant’s behalf on or before a newly established deadline of January 14, 1998. However, as long as this occurred no earlier than October 1, 1994, the application for adjustment of status itself (for the principal applicant or eligible spouse and children) could be filed at any time; even years after the filing deadline. In 2000, 245(i) was extended and revised again for the last time. The Legal Immigration Family Equity (LIFE) Act Amendments of 2000 set a new deadline of April 30, 2001, for the filing of the required immigrant visa petition or labor certification application on behalf of the principal applicant. As long as the filing deadline was met, the application for adjustment of status could be filed at any time. The 2000 revision of 245(i) also required that, if the immigrant visa petition or labor certification application was filed after January 14, 1998, the principal applicant had to have been physically present in the United States on December 21, 2000 (the date of enactment of the LIFE Act Amendments). CURRENT ELIGIBILITY REQUIREMENTS FOR 245(I) Under current law, an undocumented immigrant can apply for LPR status under Section 245(i) if he or she meets the following conditions: To file for adjustment under INA 245(i) you must file a Supplement A to Form I-485 along with all the forms and documents required for adjustment pursuant to whatever grounds you are adjusting status under. WILL IT BE EXTENDED AGAIN? Some people anticipate this section being extended one day as a measure to help resolve the current immigration problems. Congress retains the authority to either extend the filing deadline or eliminate it. If Congress acts on this issue, it is estimated that as many as 2.3 million unauthorized immigrants living in the United States may be able to seek a green card through sponsorship by a spouse, other family member, or employer. As we get further and further away from 2001 it seems less and less likely though. Though, May 13, 2021, Senator Catherine Cortez Masto (D-Nevada) reintroduced the Fairness for Immigrant Families Act (S.1638) that, among other things, would extend the filing deadline for §245(i) from April 30, 2001, to five years following the enactment of the Fairness for Immigrant Families Act. The information below is taken directly from the USCIS Policy Manual, Volume 7, Chapter 2: Qualifying Immigrant Visa Petition or Labor Certification Application A qualifying immigrant visa petition or permanent labor certification application is defined as a petition or application that was both “properly filed” on or before April 30, 2001 and “approvable when filed.” A qualifying immigrant visa petition may include any of the following forms: A qualifying permanent labor certification application refers to an Application for Alien Labor Certification (ETA Form 750). 1. Properly Filed Qualifying Immigrant Visa Petition For purposes of INA 245(i), an immigrant visa petition is considered properly filed if: A petition received with either an illegible or missing postmark is timely filed if INS physically received the petition by May 3, 2001, and stamped it with a “Filed Prior to 245(i) Sunset” stamp. Qualifying Permanent Labor Certification Application A permanent labor certification application is properly filed if it was filed on or before April 30, 2001 and accepted for processing according to the regulations of the Secretary of the U.S. Department of Labor (DOL) that existed at the time of filing. During the INA 245(i) qualifying time period and under authority delegated by DOL, permanent labor certification applications were generally filed directly with the state workforce agency (SWA) (such as a State Employment Service Agency) in the state where the offered job was located. The SWA indicated the filing date or receipt … Read more

Biometrics (Fingerprints) Appointment

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After you file your application, petition, or request, we will schedule your biometric services appointment at a local Application Support Center (ASC) if you need to provide your fingerprints, photograph, and/or signature. We have the general authority to require and collect biometrics from any applicant, petitioner, sponsor, beneficiary, or other individual residing in the United States for any immigration and naturalization benefit. See 8 CFR 103.2 (b)(9). Your appointment notice (Form I-797C, Notice of Action) will include the date, time, and location for your ASC appointment. The biometrics you provide during your ASC appointment allow us to confirm your identity and run required background and security checks. You may obtain a copy of your own FBI identification record using the procedures outlined in 28 CFR 16.32. The procedures to change, correct, or update your FBI identification record are outlined in 28 CFR 16.34. For additional information, please visit the Identity History Summary Checks and Privacy Act Statement pages on the FBI’s website. WHAT TO BRING TO YOUR FINGERPRINT APPOINTMENT Your attorney or an accredited representative does not need to go with you to the biometrics (“fingerprints”) appointment, even if they submitted your application, petition, or request to USCIS. Your notice will provide specific instructions on what you should bring to your ASC appointment. You must also bring: We recommend that you print or save a copy of your completed application, petition, or request for your records. We also recommend that you review this copy before you come to your ASC appointment. We cannot provide you with a copy at your appointment. Rescheduling Appointments If you are unable to attend your scheduled biometric services appointment for good cause, you may request to reschedule your appointment by calling the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833). You must make your request before the date and time of the original appointment, and you must establish good cause for rescheduling. If you fail to call before your scheduled appointment or fail to establish good cause, USCIS may not reschedule your ASC appointment. If we do not reschedule your appointment, we will consider your application, petition, or request abandoned and, as a result, it may be denied. If you need to change your address, please follow the instructions provided on our website. If you have a serious ongoing medical condition and you cannot leave your home/hospital, you may request a mobile biometrics/homebound appointment by following the instructions in the Notice for People with Disabilities section of your appointment notice. If you need to reschedule your appointment because you feel sick please follow the instructions above. CONTACTING USCIS TO RESCHEDULE YOUR APPOINTMENT If you are unable to attend your appointment for any reason you MUST contact USCIS to reschedule your appointment to avoid delaying or harming your immigration case. You can do this online by using the USCIS website to make a Service Request but you should also call the toll free number (1-800-375-5283) to reschedule in addition to doing it online. For general information and to find the ASC closest to you, see the USCIS Service and Office Locator webpage. You can also call the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833). Representatives are available to help in English and Spanish. After submitting a service request online you should print or save a copy of the confirmation page showing you submitted a request and the confirmation number of your request. It is important that you write down your Service Request Number and the name and identification number of the USCIS representative that you speak to when you call. If they don’t automatically provide you with that information, which they should, then you should ask them for it. USCIS will often mark you down as failing to appear if you call to reschedule too soon before the appointment, but if you have this proof that you did reschedule then it will not be a problem and they will simply reschedule the appointment or tell you that you can go any time in the next two weeks. INFORMATION ABOUT YOUR LOCAL SERVICE CENTER You can find information about the Service Center location that you have been scheduled to appear at for your biometrics appointment by searching the USCIS Service and Office Locator. Source: USCIS Tips For Preparing for Your Biometrics Appointment

Notice to Appear

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notice to appear immigration court

Notice to Appear (“NTA”) initiates removal proceedings by informing the immigrant respondent that they must appear in Immigration Court on a specific day to answer to a charge of removeability.  An NTA is issued as a standard DHS form, Form I-862. The statutory requirements of an NTA can be found at INA § 239 & 8 USC § 1229 as well as the regulatory requirements at 8 CFR §§ 1229 and 1239.1. Every NTA should include the respondent’s identifying information,4 the nature of the proceedings, the charges of removability and supporting factual allegations, the date and place of removal proceedings, advisals of certain rights and responsibilities, and a certificate of service. The statute and regulations require DHS to include all this information in the NTA.  The NTA will specify the nature of the proceedings in a series of three check boxes under the Respondent’s name and address. The NTA will inform the individual if they are being charged as an “arriving alien,” an individual present in the United States without having been admitted or paroled, or someone who was admitted but is removable for the reasons stated.  In support of the charges of removability, DHS should also include on the NTA a list of factual allegations that establish the respondent’s alienage (their country of birth or nationality) and other facts that support the charges of removal. DHS sometimes uses information provided by the respondent in prior applications filed for immigration benefits or statements made to CBP, ICE, or USCIS officers. However, it is not uncommon for the NTA to allege erroneous or incomplete facts in a respondent’s case based on inaccurate or incomplete information provided by DHS databases or officers. Finally, the NTA also contains a number of warnings and advisals to the respondent about their rights and responsibilities while in removal proceedings, such as the right to obtain counsel, the responsibility to inform the government of any change of address, and the consequences of failing to provide a change of address or failing to appear for a scheduled hearing.