HOW DO I RENEW OR REPLACE MY PERMANENT RESIDENT CARD (GREEN CARD)?
How do I renew my green card? How do I replace my green card? Renew or replace a legal permanent residency card.
Visa
Crime Victim Visa (U Visa)
A CRIME VICTIM CAN POTENTIALLY GET A VISA, AND EVENTUALLY LEGAL PERMANENT RESIDENCY, BASED ON THEIR COOPERATION WITH THE POLICE OR DISTRICT ATTORNEY’S OFFICE. To make sure that immigration laws do not discourage immigrants in the U.S. without lawful immigration status from cooperating with law enforcement or reporting crime, Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in October 2000. The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of noncitizens and other crimes, while also protecting victims of crimes who have suffered substantial mental or physical abuse due to the crime and are willing to help law enforcement authorities in the investigation or prosecution of the criminal activity. The legislation also helps law enforcement agencies to better serve victims of crimes. The U visa is a nonimmigrant visa category in the United States that is available to victims of certain qualifying crimes who have suffered mental or physical abuse and are helpful or willing to assist law enforcement and government officials in the investigation or prosecution of those crimes. WHAT ARE THE REQUIREMENTS FOR A “U VISA” OR BEING GRANTED U NONIMMIGRANT STATUS? To be eligible for a U visa, an individual must meet several criteria, including: WHAT ARE QUALIFYING CRIMES FOR A U VISA? It’s important to note that the U visa is granted on a case-by-case basis, and the determination of eligibility is made by U.S. Citizenship and Immigration Services (USCIS) after a thorough review of the applicant’s circumstances. Additionally, the list of qualifying crimes is not exhaustive, and USCIS may consider other criminal activities on a case-specific basis. If you believe you may qualify for a U visa, it is recommended to consult with an immigration attorney for guidance tailored to your specific situation. If you were the victim of any crime, even if it is not listed, you should consult an immigration attorney to see if it may be a qualifying crime. Some terms are difficult to define and some crimes may be named differently in different jurisdictions. More information on U Visas and qualifying crimes here.
Religious Worker (R) Visa
Legal Authorities For A Religious Worker Eligibility Requirements For a Religious Worker Religious Worker Adjustment of Status Eligibility Requirements The applicant has been inspected and admitted or inspected and paroled into the United States. The applicant is physically present in the United States at the time of filing and adjudication of an adjustment application. The applicant is eligible to receive an immigrant visa because the applicant is the beneficiary of an approved Form I-360 classifying him or her as a special immigrant religious worker.[8] The applicant had an immigrant visa immediately available when he or she filed the adjustment of status application[9] and at the time of final adjudication.[10] The applicant is not subject to any applicable bars to adjustment of status.[11] The applicant is admissible to the United States or eligible for a waiver of inadmissibility or other form of relief.[12] The applicant merits the favorable exercise of discretion. Documentation and Evidence An applicant should submit the following documentation to adjust status as a religious worker: In addition, a spouse or child who is filing as a derivative applicant should submit the following: Additional Information Bars to Adjustment Unless exempt, religious workers and their derivatives are ineligible for adjustment of status if any of the bars to adjustment of status apply. Religious workers and their derivatives may be exempt under INA 245(k) from some of the bars to adjustment. To qualify for an exemption, the applicant must not have accrued more than 180 days of certain immigration violations since his or her last lawful admission. If the applicant does not qualify for the exemption, then the applicant remains subject to the adjustment bars. Sunset Date Except for ministers, all other religious workers and their derivatives must adjust to LPR status on or before the designated sunset date.[from USCIS] USCIS denies any adjustment applications based on special immigrant religious worker petitions (other than for ministers) that are pending or filed after the designated sunset date. Treatment of Family Members The spouse or child (unmarried and under 21 years of age) of a religious worker may accompany or follow-to-join the principal applicant if the spouse or child is otherwise eligible.[USCIS Policy Manual] The spouse and child may, as derivative applicants, apply to adjust status under the same immigrant category and priority date as the principal applicant.
245(i)
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
Contacting the National Visa Center
How to contact the National Visa Center (NVC) By Email This is the National Visa Center’s preferred method of communication. You can email the National Visa Center for your case status at NVCInquiry@state.gov **To ensure a prompt response, use your National Visa Center 13-digit case number or USCIS Receipt Number in the subject line of the email. Within the email body, ask your question and include the following information: Applicant’s name Applicant’s date of birth Petitioner’s name Petitioner’s date of birth Employer’s company or organization name (if it’s an employment-based visa) Attorney’s name, law firm, and address By Phone To call the National Visa Center, use 603-334-0700. You will be asked to enter your 13-digit case number or USCIS Receipt Number, so be sure to have it nearby. If your visa case number isn’t recognized, it’s likely that the National Visa Center hasn’t yet received your case and cannot report your case status. For more difficult inquiries, operators are available to answer your questions. Operators are available between 8 a.m. and 3:45 p.m. Eastern time, Monday through Thursday. By Mail You can also mail questions to the National Visa Center at the following address: The National Visa Center32 Rochester Ave.Portsmouth, NH 03801-2909 The National Visa Center is NOT open to the public. You can mail, call, or contact them online. Public citizens cannot simply go to the National Visa Center. When an applicant’s priority date is close, the National Visa Center will send them a packet of forms and information. The packet is called a Packet 3. The contents of a Packet 3 vary depending on the country from which a person is applying for a U.S. visa. Receiving Packet 3 is an update to your National Visa Center case status. NVC WEBSITE NVC Contact Information (state.gov)
Calculating CSPA Age (NEW POLICY)
NEW USCIS POLICY FOR CALCULATING AGE UNDER THE CHILD STATUS PROTECTION ACT (CSPA) SEE UPDATE POSTED ON THE USCIS WEBSITE, FEBRUARY 14, 2023. USCIS issued updated guidance regarding when an immigrant visa number “becomes available” for the purpose of calculating a noncitizen’s age under the Child Status Protection Act (CSPA). Prior to this, USCIS considered a child’s age “frozen” if a visa number was available under the Final Action Date Chart of the Visa Bulletin at the time the I-485 application was filed. If a visa number was not available under the Final Action Date Chart of the Visa Bulletin, they may still be eligible to file their application for adjustment of status (to obtain a green card)based on the Dates for Filing Chart of the Visa Bulletin. In that scenario, a noncitizen may file their application when the Dates for Filing Chart indicated but ultimately not be eligible because the Final Action Date Chart did not advance sufficiently Under the USCIS Policy Manual as updated, USCIS will instead use the Dates for Filing Chart for calculating a child’s age under CSPA. In other words, the child’s age will be “frozen” when the adjustment of status application is filed based on the Date of Filing Chart, even if a visa number is not yet available under the Final Action Chart. This policy change is effective immediately and applies to all pending applications. This means that some noncitizens with pending applications based on the Dates of Filing Chart, who may have already “aged out” if their priority date never became current under the Final Action Chart, may now have a CSPA age under 21. If so, they remain eligible for a derivative green card. SOURCES: USCIS Policy Manual Policy Alert (PDF, 345 KB) Child Status Protection Act