FAQ
How to Update Your Personal Information With USCIS
Changing Personal Information With USCIS If there are changes to your personal information that you need to update with USCIS such as your name and/or gender you have two potential options. If you have been scheduled for an interview at a USCIS Field Office, you can update your information at that interview. Otherwise, you can follow the procedures from the USCIS website, which are described below. Name Change If you would like to update the name reflected on your document, you must provide sufficient evidence of your name change, such as: — a court order; — marriage certificate; — divorce decree; or — other vital document record. For more information, see USCIS Policy Manual Volume 12, Citizenship and Naturalization, Part K, Certificates of Citizenship and Naturalization, Chapter 4, Replacement of Certificate of Citizenship or Naturalization. Gender Change As of March 31, 2023, you do not need to provide supporting evidence to change the gender listed on your immigration documents (with a limited exception). Note: As of April 1, 2024, USCIS provides the option “X” for gender in addition to “m” for male and “f” for female on the Form N-400 Application for Naturalization. USCIS has stated that this option will be coming to more of their forms in the future. If you want to update your gender information on a Certificate of Naturalization or Certificate of Citizenship, you must still provide the required supporting documentation of the change, as listed in the Form N-565, Application for Replacement Naturalization/Citizenship Document instructions (PDF, 263.39 KB). For more information, see USCIS Policy Manual Volume 12, Citizenship and Naturalization, Part K, Certificates of Citizenship and Naturalization, Chapter 4, Replacement of Certificate of Citizenship or Naturalization. Changing Your Personal Information on Immigration Documents The table below provides information on how to request a biographic change on a specific document. If your benefit request is still pending with USCIS, and you have not received a final decision notice or USCIS-issued document If you have already received your USCIS-issued document Employment Authorization Document (EAD) If you received a Request for Evidence (RFE) or interview notice: Provide the following in response to the RFE or at your interview:A letter explaining the change requested; andSupporting documentation of the change (if required).If you have an online account:Upload the following as new evidence to the pending application:A letter explaining the change requested; andSupporting documentation of the change (if required).If you do not have an online account:Email USCIS-updategenderinfo@uscis.dhs.gov and request to change your name or gender marker or both.If you are seeking to make a correction due to a typographical error, please visit the “How to Request a correction to your notice or document (based on USCIS error)” section on this page. This email only handles formal name or gender marker changes.If you have Violence Against Women Act (VAWA) related matter or T or U visa related matter:Refer to the Contact Us webpage (Inquiries for VAWA, T, and U Filings section). Submit the following to USCIS:A new Form I-765;Applicable fees (see note);The EAD containing the incorrect information;A letter explaining the change requested; andSupporting documentation of the change (if required).File online (if eligible) or refer to the filing locations for Form I-765 webpage for mailing address information if filing by paper.Note on fees: If you are requesting a replacement EAD for an eligibility category based on a pending Form I-485 filed after July 30, 2007, that you paid a fee for, then you do not need to pay the Form I-765 filing fee. Green Card (Permanent Resident Card) If you received an RFE or interview notice:Provide the following in response to the RFE or at the interview:A letter explaining the change requested; andSupporting documentation of the change (if required).If you have an online account:Upload the following as new evidence to the pending application:A letter explaining the change requested; andSupporting documentation of the change (if required).If you do not have an online account:Email USCIS-updategenderinfo@uscis.dhs.gov and request to change your name or gender marker or both.If you are seeking to make a correction due to a typographical error, please visit the “How to Request a correction to your notice or document (based on USCIS error)” section on this page. This email only handles formal name or gender marker changes.If you have Violence Against Women Act (VAWA) related matter or T or U visa related matter:Refer to the Contact Us webpage (Inquiries for VAWA, T, and U Filings section). Submit the following to USCIS:Form I-90, Application to Replace Permanent Resident Card (Green Card);Applicable fees;The Green Card containing the incorrect information; andSupporting documentation to show what the correct information should be (see Form I-90 instructions (PDF, 361.11 KB) for examples).File online or refer to the Where to File section of the Form I-90 webpage for mailing address information if filing by paper. Travel Document (Such as an Advance Parole Document or Refugee Travel Document) If you received an RFE or interview notice: Provide the following in response to the RFE or at the interview:A letter explaining the change requested; andSupporting documentation of the change (if required).If you have an online account:Upload the following as new evidence to the pending application:A letter explaining the change requested; andSupporting documentation of the change (if required).If you do not have an online account:Email USCIS-updategenderinfo@uscis.dhs.gov and request to change your name or gender or both.If you are seeking to make a correction due to a typographical error, please visit the “How to Request a correction to your notice or document (based on USCIS error)” section on this page. This email only handles formal name or gender marker changes.If you have Violence Against Women Act (VAWA) related matter or T or U visa related matter: Refer to the Contact Us webpage (Inquiries for VAWA, T, and U Filings section). Submit the following to USCIS:A new Form I-131 (select the filing category for the type of travel document being requested);Applicable fees (see note);The travel document containing the incorrect information; andSupporting documentation of the change (if required).Refer to the filing addresses for Form I-131 webpage for mailing address information. (Online filing is currently not available for Form I-131.) Note on fees: If you are requesting a replacement Advance Parole Document and have a pending Form I-485 filed after July 30, … Read more
I-94
What is a Form I-94? Form I-94 is the DHS Arrival/Departure Record issued to aliens who are admitted to the U.S., whoare adjusting status while in the U.S. or extending their stay, among other things Foreign visitors to the U.S. no longer need to complete paper Customs and Border Protection Form I-94 Arrival/Departure Record or Form I-94W Nonimmigrant Visa Waiver Arrival/Departure Record. Those who need to prove their legal-visitor status—to employers, schools/universities or government agencies—can access their CBP arrival/departure record information online. CBP now gathers travelers’ arrival/departure information automatically from their electronic travel records. Now at the land border, travelers will be issued I-94s electronically and will no longer receive a paper I-94 stub. CBP encourages travelers requiring an I-94 to use the CBP One™ mobile app or the CBP I-94 website to apply for their I-94. For Visa Waiver Program (VWP) travelers, an approved Electronic System for Travel Authorization (ESTA) is now required for entry and must be obtained prior to arriving at the U.S. land border. VWP travelers are encouraged to use the I-94 website or CBP One™ mobile app to apply for an I-94 in advance. How do I find my I-94? Check the passport you used the last time you entered the United States or check the I-94 website. What does an I-94 number look like? A Form I-94 is needed by all visitors except: U.S. Citizens, returning resident aliens, aliens with immigrant visas, and most Canadian citizens visiting or in transit. Travelers will be issued an I-94 during the admission process at the port of entry. Beginning in May 2019, I-94 numbers will be alphanumeric. Currently, I-94 numbers are 11 digits long and only contain numbers. I-94 Website https://i94.cbp.dhs.gov The I-94 website has four sections: 1.) applying for a new (provisional) Form I-94; 2.) providing you with your most recent I-94 admission record from 1983 forward for most classes of admission (or parole), and indefinitely for certain classes, such as diplomats and those admitted under the Compacts of Free Association; 3.) displaying your most recent 10 years of travel history; and 4.) querying your compliance with your current period of admission for some nonimmigrant classes. What to do if your I-94 is “Not Found” online If you tried to retrieve your I-94 from the Official online system and you receive a response that your I-94 is “Not Found”, read the following questions to help you check for mistakes and try to enter the information again: 1. Did you enter your first and last name the same way it appears on your passport? 2. Did you enter the passport number that appears on the upper right hand side of your passport? 3. Did you enter your country of citizenship (country that issued the passport, not where you currently live)? 4. If you entered your first and middle name and it is not found, try one name or the other. Also try entering your first and middle name in the first name box. *Do not use dashes or hyphens when filling out the form on the I-94 website. If you’re still not able to locate your I-94, please contact the U.S. Customs and Border Protection (CBP) Traveler Communications Center (TCC) by clicking on the “Ask Us A Question” tab below. Select the correct topic for your issue as well as any related issues. We will attempt to respond to you within 72 hours. U.S. Citizenship and Immigration Services (USCIS) will issue an updated Entry/Departure Record Form I-94 on a Notice of Action Form I-797, to those who applied for and received an extension of stay, change of status, or requested replacement of the original I-94 issued by CBP. USCIS issued I-94 documents are not entered into the CBP online I-94 database, which is why your USCIS issued I-94 cannot be found and viewed. You can use the USCIS issued Entry/Departure Record Form I-94 on the Notice of Action Form I-797 as evidence of your current legal status in the United States. Asylees Most asylum seekers should have received a handwritten or stamped I-94 upon entering the U.S., and may not be able to retrieve I-94 information online.
U.S. Immigration Law Acronyms
Acronyms ACC Assistant Chief Counsel Government attorneys that represent the Department of Homeland Security, ICE at EOIR removal proceedings. A Number A File “A” Number or “A” File is short for alien number or alien file. Every foreign national inside of the United States who has had contact with USCIS, ICE, or CBP will be issued an identifying A number, which will be used by the government as their file number and is how one can track their case or find information about their immigration matters. AF Aggravated felony AOS Adjustment of Status Changing status from a nonimmigrant or no status to that of legal resident. This is the process by which a non-citizen obtains a green card when they are already in the United States. AP Advance Parole Advance parole travel document BIA Board of Immigration Appeals CBP Customs and Border Enforcement A government agency created as part of the Department of Homeland Security Act in 2003. It replaced the legacy INS. CBP is primarily focused on border security and customs inspections at port of entry (like airports) as the name suggests. CBP does operate internally within the United States sometimes in states that are nowhere near any international borders. CBP is a sub agency of DHS. CAT Convention Against Torture Article three if the United Nations Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment is last resort form of a relief for a person who fears they will be in danger if they return to their home country. If the person is unable to obtain Asylum or Withholding of Removal, CAT will not confer any immigration benefit but the U.S. Government will not deport a person to their country of nationality if that person would be in danger there. This not discretionary and it cannot be denied to an alien with criminal convictions. The agency that handles immigration appeals from the EOIR Immigration Court. CIMT Crime involving moral turpitude DACA Deferred Action for Childhood Arrivals Deferred Action for Childhood Arrivals, a program launched in 2012. For more information, go to the Deferred Action for Childhood Arrivals 2017 Announcement page. DED Deferred Enforced Departure (see glossary of terms for more info) DHS Department of Homeland Security The largest government agency in the United States, DHS is massive with an annual budget of hundreds of billions of dollars. It was created in response to the 9/11 terrorist attacks and came into existence in 2003. It includes ICE, CBP, and USCIS, among other agencies that will be less important for the purposes of this wiki. DOJ Department of Justice EAD Employment Authorization Document A document to authorizes a person to legally take employment in the United States, commonly referred to as a work permit. ESTA ESTA Electronic System for Travel Authorization EOIR Executive Office of Immigration Review The immigration court. EWI Entry Without Inspection When a person crosses the border at location not so designated by the attorney general as a port of entry, and enters the United States without being formally inspected by immigration officials or without having a valid visa or travel document. FOIA Freedom of Information Act ICE Immigration & Customs Enforcement ICE is the enforcement branch of DHS. It is the agency that apprehends and prosecutes non-citizens accused of violating United States immigration law. ICE officers are who we contact when a person is apprehended by immigration. They handle the initial arrest and detention of non-citizens and the enforcement of the removal of non-citizens. ICE attorneys represent DHS in removal proceedings. IJ Immigration Judge Immigration Judge LPR Legal Permanent Resident A legal permanent resident is a foreign national who obtained an immigrant visa and has been granted residency in the U.S. allowing them to permanently reside in the United States. Commonly referred to as a “green card” NTA Notice to Appear The NTA is the document that initiates removal proceedings. ICE will serve the noncitizen with the NTA which will contain the factual allegations and charges against them and provide a date, time, and location, for them to appear in Immigration Court. ICE then files that NTA with the Court and removal proceedings are commenced. NOID Notice of Intent to Deny NOIR Notice of Intent to Revoke PD Prosecutorial discretion The legal authority of DHS/ICE to choose whether or not to take action against an individual for committing an offense, in the removal context to pursue their removal from the United States. PSG Particular Social Group Asylum can be granted to a refugee who has been or fears they will be persecuted on the basis of their political beliefs, religion, nationality, race, or particular social group. PSG is a sort of catch-all category for all other basis’s for which a person can be granted asylum. RFE Request for Evidence SIJS Special Immigrant Juvenile Status SIJS stands for “special immigrant juvenile status.” Special immigrant juvenile status is an immigrant visa program that provides a path to legal permanent residency to minors (under 21 and unmarried in NY and most other states) who have been abandoned, neglected, or abused by ONE or both of their parents and reunification with that parent is no longer possible because of said abandonment, neglect, or abuse. TPS Temporary Protective Status USC United States Citizen USCIS US Citizenship & Immigration Services USCIS is the branch of DHS that deals with the granting of immigration benefits. USCIS is not concerned with the enforcement of laws or removal of non-citizens from the USCIS (unless they are violent criminals, terrorists, or individuals with very serious criminal convictions. VAWA Violence Against Women Act
The Convention Against Torture
WHAT IS THE CONVENTION AGAINST TORTURE (CAT)? You may have seen or heard the term CAT in connection to the asylum process, but what is it? Introduction The first step in seeking asylum protection in the U.S. is to file an I-589 asylum application. On the Form I-589 asylum application there is a little checkbox next to a question asking if you are also seeking WIthholding of Removal or protection under the Convention Against Torture (CAT). That is why it is important that you know what it is and how it may help you. If you don’t check that little box on the I-589 then you will waive your right to protection under the additional section of law. CAT is going to apply to anyone who is seeking asylum or fears returning to their home country for fear of persecution. In this post I will explain what the Convention Against Torture is, how it came to be, how it may help you, how you apply for it, and who is eligible. What is CAT? The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, commonly known as the Convention Against Torture (CAT), is an international human rights treaty adopted by the United Nations General Assembly in 1984. The Convention defines torture as any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for purposes such as obtaining information, punishment, or intimidation, and which is carried out by a public official or a person acting with official authorization or consent. It also prohibits other forms of cruel, inhuman, or degrading treatment or punishment, which may not reach the threshold of torture but still violate human dignity. The Convention requires state parties to take effective measures to prevent torture and other cruel, inhuman, or degrading treatment or punishment, to investigate and prosecute allegations of torture, and to provide redress and rehabilitation for victims of torture. It also prohibits the use of evidence obtained through torture in legal proceedings. As of February 2023, 169 countries have ratified or acceded to the Convention, making it one of the most widely accepted human rights treaties in the world. How Does CAT Apply to Immigrants Entering the U.S.? The Convention Against Torture applies to all people under the jurisdiction of a state party, regardless of their nationality or immigration status. This means that the United States is obligated to comply with the Convention in its treatment of all individuals within its territory or under its control, including immigrants and refugees. Under the Convention, the United States is prohibited from deporting or extraditing any individual to a country where there are substantial grounds for believing that he or she would be in danger of being subjected to torture. This is known as the principle of non-refoulement. The United States has incorporated this principle into its domestic law through the Convention Against Torture implementing legislation. In addition, the United States has an obligation to ensure that individuals in its custody are not subjected to torture or other forms of cruel, inhuman, or degrading treatment or punishment. This includes immigrants who are detained by the United States government. The United States is required to provide effective safeguards against torture and to investigate and prosecute any allegations of torture or other mistreatment of individuals in its custody. Furthermore, the United States is obligated to provide redress and rehabilitation for victims of torture, including immigrants who have been subjected to torture or other forms of mistreatment. This includes access to medical care, legal assistance, and compensation for any harm suffered as a result of torture or mistreatment. It is important to note that the United States has been criticized by human rights organizations for its treatment of immigrants, particularly with regard to the conditions in detention centers and the use of force by immigration enforcement officials. APPLYING FOR CAT PROTECTION IN REMOVAL PROCEEDINGS Who is Eligible for Protection Under CAT? This is not a detailed an exhaustive guide. This is the basic information. If you are interested or think it may apply to you then you should speak with an immigration attorney or contact me (an immigration attorney) for more information about the convention against torture. Under the Convention Against Torture (CAT), any person who is in the United States, regardless of their nationality or immigration status, is eligible for protection against torture or other cruel, inhuman, or degrading treatment or punishment. This includes refugees, asylum seekers, and individuals who have entered the country without authorization. The CAT defines torture as any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for purposes such as obtaining information or a confession, punishing, intimidating, or coercing someone, or for any other reason when such pain or suffering is inflicted by or at the instigation of, or with the consent or acquiescence of, a public official or other person acting in an official capacity. Therefore, any individual who has reason to believe that they are at risk of being subjected to torture or other forms of cruel, inhuman, or degrading treatment or punishment in their country of origin, or any other country to which they might be returned, may be eligible for protection under the Convention. In the United States, an individual seeking protection under the CAT may file an application for protection with the Department of Homeland Security (DHS). The application is known as a “CAT application” or a “Convention Against Torture claim.” The applicant must demonstrate that it is more likely than not that he or she would be tortured if returned to their home country or to another country where they are likely to be subjected to torture. If the application is granted, the individual will be protected from deportation or removal to the country where they would face torture. How Do You Apply for CAT? First, remember what I said earlier. You must check the box on the Form I-589 … Read more
Employment Authorization
Who Qualifies for a Work Permit in the United States? Only individuals with legal residency (green cards), U.S. citizenship, or specific types of work visas are eligible to work in the U.S. without obtaining an Employment Authorization Document (EAD) beforehand. Additionally, only a limited number of individuals will meet the criteria for obtaining a work permit. Foreign nationals residing in the United States are not permitted to work unless they have obtained explicit authorization through their visa or other legal status, or have obtained a separate work permit. It is important to note that a work permit is distinct from a green card. Instead, it is an Employment Authorization Document (EAD) issued by the U.S. Citizenship and Immigration Services (USCIS). The EAD serves as a form of photo identification, similar to a driver’s license, and allows holders to demonstrate their eligibility to work. When hiring new employees, all U.S. employers are required to request proof of immigration status or the right to work. Employers who fail to comply with this regulation may face sanctions. Which Non-Citizens Don’t Need to Separately Apply for a Work Permit? All green card holders (lawful permanent or conditional residents) automatically have permission to work in the United States. They simply need to show their green card to employers. Immigrants who become U.S. citizens can also work and can provide their U.S. passport or naturalization certificate or social security cards to employers, since US citizens are obviously permitted to work in the country without any special permission. Foreign nationals who have obtained work-based visas sponsored by U.S. employers are also eligible to work in the United States. Examples of such visas include the H-1B (for specialty workers), L-1 visa (for intracompany transferees), E-3 visa (only for Australians), and E treaty trader or treaty investor visa (for employees of companies registered as treaty traders or treaty investors in the United States). Those here in other immigration status must obtain employment authorization by applying for it. Who Is Eligible to Apply for a Work Permit There are various groups of individuals who have the option to apply for a “work permit” or Employment Authorization Documents (EAD) from U.S. Citizenship and Immigration Services (USCIS) if they want to pursue employment. It is important to note that a foreign national who is eligible for an EAD must actually apply for and obtain said authorization before they are permitted to take employment. These categories encompass individuals such as asylees, individuals with a pending application for adjustment of status (a green card), spouses of different visa holders, individuals with Temporary Protected Status (TPS) or Deferred Enforced Departure (DED), F-1 students facing economic hardship or seeking optional practical training (OPT), K-1 fiancé visa holders, DACA recipients, U nonimmigrants (and starting in 2022, individuals with a pending U visa petition that was found to be bona fide), special immigrant juveniles who have an approved I-360 and have been granted deferred action while they are waiting for a visa to become available, parolees, and the list goes on. The categories are too numerous to mention here, but a complete list can be found in the instructions accompanying USCIS Form I-765 (the work permit application form). Those Not Eligible For Employment Authorization Individuals in the US on a B-1 visitor visa (or tourist visa) and individuals that are in the United States with no lawful status are not eligible to obtain employment authorization. USCIS does not authorize these individuals to work in the United States, and it is indeed illegal for them to do so or for employers to hire them. Of course, the thirteen million + non citizens in the US with no lawful status do have to work to live here and they do. There are potential immigration consequences for working without authorization but some people have no choice. If a non citizen is going to work in the United States without authorization it is recommended that they get a Tax Identification Number and file tax returns every year so they can show they are not violating US tax laws. How to Apply to USCIS for a Work Permit To apply for an Employment Authorization Document (EAD), you will need to complete USCIS Form I-765. Additionally, you must provide supporting documentation demonstrating that you fall into a category of individuals eligible to apply for work permits. You should also attach photos and include the necessary fee. Please read the instructions carefully, as some categories of applicants may be exempt from paying a fee. Some people are eligible to renew their employment authorization online (asylum applicants and asylees for instance). You can find out more on the USCIS website. Employment authorization can now be issued for as long as 5 years per new USCIS policy. Applicants can always renew their work authorization once it expires so long as they remain eligible. There are noncitizens who have been renewing their employment authorization ever year for decades.