What to do if you missed your hearing and were ordered removed. You can take to try to reopen your case but it is important that you file a motion to reopen as soon as possible using this template motion.
As a citizen of the United States, you may help a relative become a lawful permanent resident of the United States by obtaining what is often referred to as a “Green Card.” To do so, you need to sponsor your relative and be able to prove that you have enough income or assets to support your relative(s) when they come to the United States. You begin the process by filing Form I-130, Petition for Alien Relative. This form establishes the family relationship that exists between you and your relative. Filing instructions and forms are available on our Web site at www.uscis.gov. Sometimes the I-130 can be filed together with an application for permanent residence (Form I-485, Application to Register Permanent Residence or Adjust Status). This is discussed below. Which relatives may I petition for?A U.S. citizen can file a petition for the following relatives: A U.S. citizen who is at least 21 years or older may also petition for the following relatives: What does the petition do for my relative?Filing a Form I-130 and proving a qualifying relationship gives your relative a place in line with others waiting to immigrate from the same country or region based on the same type of relationship. When your relative reaches the front of the line, he or she may be eligible to immigrate after passing the required background checks and meeting requirements for admission. For example: You file a petition for your unmarried son over 21 years of age. If we approve it, your petition gives him a place in line with people from the same country category who are also unmarried sons or daughters over the age of 21 of U.S. citizens. What about my relative’s family?In most cases, when your relative reaches the front of the line, your relative’s spouse and unmarried children under 21 years of age can join him or her by also applying for an immigrant visa. (If the family member is already in the United States, he or she may be able to file a Form I-485 application to adjust status based on the relative’s approved visa petition.) For example: You file a petition for your married daughter. You cannot directly petition for her husband and children. However, when your daughter’s place in line allows her to apply for a Green Card, her husband and children can apply for immigrant visas at the same time with your daughter. As a U.S. citizen, you must file a separate petition for each one of your direct relatives, including your own children. For example: To sponsor your mother and father, file a separate petition for each. If they have other children—your brothers and sisters—file a separate petition for each of them. Visas are immediately available for mothers and fathers of U.S. citizens, but visas are not immediately available for brothers and sisters of U.S. citizens; therefore, they will have to wait for visa availability. For example: You marry someone with a child. The child will usually qualify as your stepchild if he or she was unmarried and under 18 years of age at the time of your marriage. In this example, you are required to file two petitions: one petition for your wife and another for the child. After I file, how long will it take before my relative can immigrate?The law gives special consideration to immediate relatives of U.S. citizens, which includes a U.S. citizen’s spouse, unmarried children under 21 years of age, and parents. For other relatives, the combination of high demand and the limits set by law on how many people can immigrate each year means your relative may have to wait several years in line while petitions that were filed before theirs are processed. When your relative reaches the front of the line, the U.S. Department of State contacts your relative and invites him or her to apply for an immigrant visa. Current wait times for visa categories are available under “Visa Bulletins” on the State Department’s Web site at www.travel.state.gov/visa. Can my relative wait in the United States until becoming a permanent resident? No. If your relative is outside the United States, filing an I-130 does not allow your relative to live or work in the United States. An I-130 petition only establishes your relationship with your relative. Your relative should wait outside the United States to immigrate legally. If your husband or wife, unmarried child under 21 years, or parent is already in the United States after having entered legally, they can apply to adjust their status to permanent resident at the same time you file their I-130 petition. Does filing a relative petition commit me to anything?Yes. Under the law, each person who immigrates based on a relative’s petition must have a financial sponsor. If you choose to sponsor your relative’s immigration by filing a relative petition (I-130), when the time comes for your relative to immigrate, you must agree to be his or her financial sponsor by filing Form I-864, Affidavit of Support. If you do not meet the financial qualifications, other individuals will then need to make this commitment. For more information, please see Guide to Form I-864A. How Do I Financially Sponsor Someone Who Wants to Immigrate? It is part of the process of petitioning for someone. Read about the Form I-864A to learn more about affidavits of support and financial support. How do I file?There are two basic ways to legally assist your relatives to immigrate into the United States: 2. If your relatives are already in the United States and entered legally, then they may be able to file an I-485 application to adjust their status to lawful permanent resident at the same time as you file the I-130 relative petition. Petitions filed at the same time with permanent residence applications (I-485) must be filed at a location that is different from where you would file an I-130 petition by itself. Please read the instructions for the two addresses where concurrent filings can be mailed. What happens … Read more
INDIVIDUAL TAX IDENTIFICATION NUMBER (ITIN or TIN) HOW TO FILE TAXES IF YOU ARE AN IMMIGRANT AND DO NOT HAVE A SOCIAL SECURITY NUMBER. WHAT IS AN TIN? An Individual Taxpayer Identification Number (ITIN or a TIN) is a tax processing number issued by the U.S. Internal Revenue Service (IRS). A TIN consists of nine digits, beginning with the number nine (i.e., 9XX-XX-XXXX). Since 1996, the IRS has issued ITINs to taxpayers and their dependents who are not eligible to obtain a Social Security number (SSN). WHY DOES THE IRS ISSUE TINS? All wage earners—regardless of their immigration status—are required to pay federal taxes. The IRS provides TINs to people who are ineligible for an SSN so that they can comply with tax laws. WHO USES A TIN? Taxpayers who file their tax return with a TIN include undocumented immigrants and their dependents as well as some people who are lawfully present in the U.S., such as certain survivors of domestic violence, Cuban and Haitian entrants, student visa–holders, and certain spouses and children of individuals with employment visas. As of January 2021, the IRS reported that there were 5.4 million active TINS Once a person who has been issued a TIN is eligible to apply for an SSN, the person may no longer use the TIN. WHAT IS A TIN USED FOR? TINs are issued by the IRS specifically as a means to pay federal taxes. While the IRS issues them solely for this purpose, TINs may sometimes be accepted for other purposes, such as for opening an interest-bearing bank account, in employment dispute settlements, or for obtaining a mortgage. WHY DO UNDOCUMENTED IMMIGRANTS NEED A TIN? In addition to being required to pay taxes, immigrants benefit from filing income tax returns because: It demonstrates that they are complying with federal tax laws. Filing federal taxes is a way for immigrants to further contribute to the economy. It is one way that people who may have an opportunity to legalize their immigration status and become U.S. citizens can prove that they have “good moral character.” Immigrants can use tax returns to document their work history and physical presence in the U.S. In order to be eligible for legal immigration status under any future immigration reform, people who currently are unauthorized to be in the U.S. most likely will have to be able to prove that they have been employed and have lived continuously in the U.S. for a certain number of years. People who file tax returns can claim crucial economic supports, such as the Child Tax Credit, including the refundable portion (also known as the Additional Child Tax Credit). Filing a tax return is required in order to be able to claim insurance-premium tax credits for family members—often U.S. citizen children—who are eligible for health care coverage under the Affordable Care Act (ACA, or “Obamacare”). These tax credits are necessary to help make health insurance affordable to people who otherwise would not be able to buy it. Individuals who are eligible to file their taxes with a TIN can establish that they are eligible for an exemption from the ACA’s individual mandate, which requires that people have health insurance. Undocumented immigrants are excluded from all ACA benefits, so they are not eligible to buy health insurance through the ACA’s health care marketplace, even at full cost. Immigrant workers who receive settlement payments as a result of an employment-related dispute will be subject to the maximum tax withholding rate, unless they have a TIN. For example, for a worker with a TIN, the withholding on back wages paid to the worker because of a settlement will be based on the worker’s family status and the number of exemptions the worker can claim. By contrast, if the worker did not have a TIN, the withholding would be figured as if the worker were single with no exemptions. Similarly, for workers without TINs, the withholding on payments other than wages, e.g., on payments for punitive damages, is figured at the “backup withholding” rate of 28 percent, whereas workers who have TINs ordinarily would have no withholding on such non-wage payments. DO TIN-FILERS PAY TAXES? Yes. That is the whole point. IS IT SAFE TO USE A TIN? Generally, yes. The IRS has strong privacy protections in place to ensure that immigrants who report their income and file their taxes are not at risk of having their information shared. Under Internal Revenue Code section 6103, the IRS is generally prohibited from disclosing taxpayer information, including to other federal agencies. However, certain exceptions apply. For example, the IRS is required to disclose taxpayer information to certain U.S. Treasury Department employees when they request it for tax administration purposes or to other federal agencies if it’s needed for a nontax criminal investigation and a federal court has ordered that it be provided. WHAT DOCUMENTS DO I NEED TO APPLY FOR A TIN? The form used to apply for an ITIN is the W-7: https://www.irs.gov/pub/irs-pdf/fw7.pdfInstructions from the IRS to complete the W-7 form can be found here:https://www.irs.gov/instructions/iw7 You must include original documentation or certified copies from the issuing agency to proveidentity and foreign status. (A notary cannot make certified copies for you.) Passport U.S. driver’s licenseForeign driver’s licenseU.S. state identificationcardU.S. militaryidentification cardU.S. Citizenship and Immigration Services(USCIS) photo identificationVisa issued by the U.S Department of StateForeign military identification cardNational identification card (must show photo, name, current address, date of birth, and expiration date)Foreign voter’s registration cardCivil birth certificate (required for dependents under 18 years of age)Medical records (dependents only – under 6)School records (dependents only – under 14, under 18 if a student)In the case of dependents, applicants will be required to submit additional documentation(along with the passport) like: If under 6 years of age: A U.S. medical record, U.S. school record, or U.S. stateidentification card that lists the applicant’s name and U.S. address, or a U.S. visa. TIN applicants are required to provide proof of their identity, foreign nationality status, and residency. (Proof must be submitted that any applicant claimed … Read more
HOW TO RESCHEDULE YOUR USCIS BIOMETRICS APPOINTMENT Your biometrics appointment is for you USCIS to collect your fingerprints and a photograph of you for running security clearances and checking your identity and criminal record. Your biometrics appointment notice will arrive on USCIS Form I-797C with a location of a biometrics service center as well as a date and time for you to attend. You should bring that appointment notice and a passport or State ID to your appointment. The day of your appointment they will stamp your appointment notice to show that you attended and had your biometrics done. You should make sure to hold onto the stamped copy of your notice once you attend so you can show that you complied with the requirements. USCIS has begun accepting online requests to reschedule a biometrics appointment. If you need to reschedule your biometrics (fingerprint) appointment then you can go to the USCIS website and request a new date. Sufficient reasons for rescheduling your biometrics appointment may include, but are not limited to: USCIS only accepts untimely rescheduling requests made to the USCIS Contact Center and does not accept untimely requests to reschedule by mail or in-person at a USCIS office or through the myUSCIS online rescheduling tool. Online Through myUSCIS (best way) To reschedule your appointment using the online tool you should log-in to your myUSCIS account online and follow the instructions. This is the best way to reschedule. USCIS Virtual Assistant You can speak with the USCIS virtual assistant (Emma) and ask that your biometrics appointment be rescheduled. By Phone Call the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833) from Monday to Friday, 8 am to 8pm Eastern time. Provide the customer service representative with your: The Contact Center representative will create a request to reschedule your interview in the system. It can take several weeks to process the request. If You Already Missed your Appointment If you already missed your appointment you should contact USCIS right away. Inform them that you missed your appointment and you need a new appointment to get your biometrics done. If you miss your biometrics appointment without having rescheduled it, and it is still within a week or two of your scheduled appointment date, you can try going to the same location at the same time and showing your appointment letter. They will sometimes allow you to get your biometrics done late if you are within a few days of that appointment date. There is no guarantee that they will and you should not expect them to, but they have allowed it in the past and sometimes when USCIS will instruct you to attend your appointment another day that week when you call to inform them that you missed your appointment.
WHAT IS THE SELECTIVE SERVICE? The Military Selective Service Act requires that all men (including anyone whose gender was assigned as male on their birth certificate) living in the United States register with the Selective Service System (SSS) within 30 days of their 18th birthday. The SSS is used by the U.S. government in times of war to draft soldiers into service. While there are currently no plans to draft soldiers into the military, the U.S. government views the Selective Service as an important readiness tool in case there is a significant military conflict that requires more troops than have voluntarily joined the military. This law applies to all men living in the United States, including U.S. citizens, green card holders, people in valid immigration status, as well as anyone whose status has expired or is otherwise undocumented. Only men who are in the United States between the ages of 18 and 26 years old are required to register. ARE THERE ANY EXCEPTIONS? Yes. First, if you entered the United States after the age of 26 or were not in the United States between ages 18 and 26, you do not need to register because you entered after the required age. Second, if you are in a valid non-immigrant status (such as a student visa) until the age of 26, you are seen as living here only temporarily because of the temporary nature of your visa and not required to register. Third, men born after March 29, 1957, and before December 31, 1959, are not required to register. SEE CHART OF WHO MUST REGISTER FOR SELECTIVE SERVICE HOW TO: CHECK YOUR SELECTIVE SERVICE REGISTRATION If you are a man – or were assigned the gender of male at birth – and you were in the United States between the ages of 18 and 26 years old, you should check yourSelective Service record to see if you registered. If you became a lawful permanent resident between the ages of 18 and 26, USCIS may have sent your information tothe SSS based on your permanent residence application, and you may have been registered that way. ONLINE: If you registered for the Selective Service with your Social Security number, you can verify your registration online at https://www.sss.gov/verify/. You will need to provide your last name, Social Security Number, and date of birth.If a record is found, you can download and print an official Selective Service Registration Acknowledgement Letter from the web site and include it with your application. BY PHONE: If you can’t verify your registration because you don’t or didn’t have a Social Security number at the time you filed, you will have to call the SSS at 888-655-1825. WHAT IF I WAS SUPPOSED TO REGISTER AND DIDN’T? If you have not or did not register and you are between the ages of 18 and 26, you should register immediately. If you are over the age of 26 but were in the United States between the ages of 18 and 26,and the failure to register was within the good moral character time period, you will have an opportunity to submit your statement and other evidence to USCIS showing that you did not knowingly or willfullyfail to register. USCIS may also require you to submit a Status Information Letter stating whether you were required to register. You can find this form online by visiting https://www.sss. gov/verify/sil/, which you will have to download, complete and mail to the address below: SELECTIVE SERVICE SYSTEMATTN: SILP.O. BOX 94638PALATINE, IL 60094-4638You can also call the SSS to request the Status Information Letter by phone at 847-688-6888. WHEN I REGISTERED FOR SELECTIVE SERVICE, I MAY HAVE USED A SOCIAL SECURITY NUMBER (SSN) THAT WAS NOT MY OWN. WHAT SHOULD I DO? You can update your Social Security number with the SSS by calling 1-847-688-6888 during business hours (9am to 5pm Eastern). Changes can take several weeks to complete, and the SSS will send you a new registration letter with the updated information. You can also write to the SSS and request the change: SELECTIVE SERVICE SYSTEMP.O. BOX 94638PALATINE, IL 60064-4638 WHAT ABOUT TRANSGENDER INDIVIDUALS? ACCORDING TO THE US GOVERNMENT (from SSA.gov): US citizens or immigrants who are born male and changed their gender to female are still required to register. Individuals who are born female and changed their gender to male are not required to register. OPM notes that “transgender” refers to people whose gender identity and/or expression is different from the sex assigned to them at birth (e.g. the sex listed on an original birth certificate). The OPM Guidance further explains that the term “transgender woman” is typically used to refer to someone who was assigned the male sex at birth but who identifies as a female. Likewise, OPM provides that the term “transgender man” typically is used to refer to someone who was assigned the female sex at birth but who identifies as male. > The legal authority is based on the Military Selective Service Act (MSSA), which does not address gender identity or transgender persons. >Presidential Proclamation 4771 refers to “males” who were “born” on or after January 1, 1960. >Changes to the MSSA involving Selective Service registration requires Congressional action. It cannot be changed through Presidential Proclamation or Executive Order. As such, the registration requirement remains based on the assigned gender at birth. NOTE: Transgender students are welcome to call us at 888-655-1825 regarding their registration requirements if they need a status information letter from Selective Service that clarifies whether or not they are exempt from the registration requirement. Individuals who have changed their gender to male will be asked to complete a Status Information Letter (SIL) request form and provide a copy of their birth certificate. Keep your original SIL and send copies to state-based financial aid institutions if needed. FUN FACT: THE SELECTIVE SERVICE SYSTEM’S ANNUAL BUDGET IS $26,000,000.00. Learn more about the requirements for selective service registration from the government’s website. WHO MUST REGISTER FOR SELECTIVE SERVICE CHART[Download]
How do I renew my green card? How do I replace my green card? Renew or replace a legal permanent residency card.