- Mark both the envelope and the cover letter as to the
nature of the submission. Example: ORIGINAL SUBMISSION - BRIEF FOR AN APPEAL
- RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION - etc.
- Use the appropriate mailing address and mark both the
envelope and the cover letter as to the form type. Example: I-129; I-130;
I-690; I-698, etc.
- Provide both the receipt notice number and the A-Number
as an identifier, if they are available.
- If the packet is being resubmitted in response to a REQUEST
FOR ADDITIONAL EVIDENCE, please place the notice requesting the additional
evidence/information on the top of the packet. Also, please use the special
mailing envelope provided.
- If evidence is being submitted in support of a previously
filed appeal or motion, a cover letter stating "BRIEF FOR APPEAL",
etc., should be placed on top of the packet.
- In preparing your packet, please take note of the following:
a.
Do not use
binders or folders that cannot be easily disassembled.
b.
Use ACCO
fasteners to hold together thick or bulky applications or petitions. Two-hole
punching the top of the material for easy placement in the file is appreciated.
c.
The use of
tabs assist in locating items listed as attachments. The tabs should be
placed on the bottom and not the side for ease in filing.
d.
Avoid using
heavy-duty staples; instead use ACCO fasteners or heavy clips.
e.
Avoid submitting
originals unless specifically required (Forms I-94, Labor certifications,
etc). Avoid submitting oversized documentation when possible.
- If you are sending more than one case in an envelope,
clearly separate the cases by rubber band or clip fasteners.
- A form G-28 is not acceptable unless signed by the authorized
representative and the petitioner (re: petitions) or the applicant (re: applications).
Facsimile signature stamps are acceptable for the signature of the representatives.
However, applicants/petitioners must live sign the initial Form G-28 submitted
with the application/petition. Any subsequent Form G-28 relating to the same
case may be a photocopy of the original, which should be already attached
to the relating case.
- Send copies of any prior approval notices with any new
requests for extensions of stay, change of status or amended petitions.
- Keep copies of all submissions. Don't assume the officer
will have access to a prior file or record. Submit as complete a packet
as possible so the case can be adjudicated from what you submit. Submit a
complete packet of information for each petition or application. If officers
have to review prior files or records, the adjudication of the case can be
delayed substantially.
- Be sure to complete all pertinent items on the petition
or application. Ensure all entries on the forms are legible. Note the appropriate
consulate, embassy, or a request to adjust status on the petition. Do not
enter "N/A" when "None" is appropriate.
- If you believe your situation to be unique, explain it
fully in an attachment to the packet, not as a cover letter.
- Please submit certified translations for all foreign language
documents. The translator must certify that s/he is competent to translate
and that the translation is accurate. The certification format should
include the certifier's name, signature, address, and date of certification.
The formated required by the USCIS can be found here.
- USCIS no longer routinely requires submission of original
documents or "certified copies." Instead, ordinary legible photocopies
of such documents (including naturalization certificates and alien registration
cards) will be acceptable for initial filing and approval of petitions and
applications.
At the discretion of the
officer, original documents may still be required in individual cases. Please
be advised that USCIS no longer returns original documents submitted with
the exception of Certificates of Naturalization, Forms I-551, Permanent
Resident Card, Forms I-94, Arrival/Departure Document, valid passports,
or those specifically requested by the officer. Such documents will be returned
when they are no longer needed.
- Reminder: The best way to locate records is through the receipt
number and/or the A-Number. Always provide this information whenever possible.
If you don't know the A-Number, provide a COMPLETE name and date of birth.
ALSO: Provide ANY AND ALL names used by the individual, including aliases,
maiden names, names used when originally admitted to the United States, etc. Providing this information
is extremely helpful and speeds up processing time.
- DUPLICATE FILINGS (without fee): Cases will be accepted
as a duplicate filing only when USCIS has specifically requested that a duplicate
be filed. In such a case, be sure to submit the receipt number of original
filing or any copies of notices received from USCIS on the first filing when
submitting a duplicate petition or application.
- The address block on the forms is the data field captured
for all of our mailings. Consistent with the limitations on the number of
characters per line (a maximum of 32) and the total numbers of lines (4) in
that field, whatever is in the block will become the mailing address used
by the system. The data in these fields is entered exactly as indicated on
the forms. Please include internal routing symbols in the address block, especially
for large organizations. It is better to abbreviate the name of the organization
and have space for the routing codes than to fully spell out the name and
have notices sit in the organization's mailroom.
- Recognized authorities: Many I-129 petitions filed with
evidence of the beneficiary's education or accomplishments include documentation
submitted by various authorities. For example, petitions for artists and entertainers
may include evidence the beneficiary has received an award or other recognition
of achievement. Petitions for individuals employed in a specialty occupation
may include evidence the beneficiary belongs to a professional organization.
When an individual's awards or membership is used to support a petition, evidence
establishing the reputation of that organization must also be submitted. Examples
of the type of evidence needed includes the following: the size and
standing of the organization or the organization's requirements for membership
and any other documentation which would establish the reputation of that organization.
When an opinion from a
recognized authority is submitted, the opinion should state: the
writer's qualifications as an expert; the writer's experience giving such
opinions, citing specific instances where past opinions have been accepted
as authoritative and by whom; how the conclusions were reached; and the
basis for the conclusions, including copies or citations of any research
material used.
- Any application or petition for an individual currently
in F-1 status needs to include evidence the student has been maintaining status
and has been authorized employment if applicable. Such evidence usually can
be satisfied by submitting the latest Form I-20AB/I-20ID and a copy of the
employment authorization card.