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Revised Form I-485, Application to Register Permanent Residence or Adjust Status, and Revised Filing Locations

March 3rd, 2010

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today announced that it has posted a revised Application to Register Permanent Residence or Adjust Status, Form I-485. In addition to a revised form, there are new filing locations. The changes are part of an overall effort to transition the intake of USCIS benefit forms from Service Centers to Lockbox facilities. Centralizing form and fee intake allows USCIS to provide the public more efficient and effective initial processing of applications and fees.

Beginning February 25, 2010, most applicants must submit Form I-485 to a USCIS Lockbox facility, depending on the eligibility category under which they are filing, as provided in the form instructions. USCIS Service Centers will forward all Form I-485 applications to the appropriate Lockbox facility until March 29, 2010. USCIS will accept previous versions of Form I-485 until March 29, 2010. After March 29, 2010, USCIS will only accept the Form I-485 dated “12/03/09.”Any previous versions of the the form that are submitted will be rejected. After the transitional period, the Service Centers will return any incorrectly filed Form I-485 with instructions to send the application to the correct location.

At this time, applicants should not concurrently file Form I-485 with an Immigrant Petition for Alien Worker (Form I-140) at a USCIS Lockbox facility. Refer to the Form I-140 filing Instructions for information on how to file forms concurrently.

When filing Form I-485 at a Lockbox facility, you may elect to receive an email and/or text message notifying you that USCIS has accepted your application. To receive notification, you must complete an E-Notification of Application/Petition Acceptance (Form G-1145), and attach it to the first page of your application.

For more information on USCIS programs, visit www.uscis.gov or call the National Customer Service Center at 1-800-375-5283.

You may find the direct filing address here.

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Change of Filing Location for Form I-765, Application for Employment Authorization

March 3rd, 2010

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today announced revised filing instructions and addresses for applicants filing an Application for Employment Authorization (Form I-765). The change of filing location is part of an overall effort to transition the intake of some benefit forms from Service Centers to USCIS Lockbox facilities. Centralizing form and fee intake allows USCIS to provide the public more efficient and effective initial processing of applications and fees.

Beginning February 24, 2010 applicants must now submit Form I-765 to one of the USCIS Lockbox facilities or the USCIS Vermont Service Center, based on the classification under which they are filing. Detailed guidance can be found in updated Form I-765 instructions as well as at www.uscis.gov.

The Service Centers will forward incorrectly filed applications to the USCIS Phoenix and Dallas Lockbox facilities for the first 30 days, until March 26, 2010. After March 26, 2010, applications incorrectly filed at USCIS Service Centers will be returned to the applicant, with a note to send the application to the correct location.

When filing Form I-765 at one of the USCIS Lockbox facilities, you may elect to receive an email and/or text message notifying you that your application has been accepted. You must complete an E-Notification of Application/Petition Acceptance (Form G-1145), and attach it to the first page of your application.

Form I-765 may be electronically filed (e-filed) with USCIS when submitted under certain categories. View our Web site for a list of who is eligible to e-file Form I-765.

For more information on USCIS programs, visit www.uscis.gov or call the National Customer Service Center at 1-800-375-5283.

A direct link to the new filing location address(es) may be found here.

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USCIS Washington Offices Closed and Eastern U.S. Winter Storms Update

February 11th, 2010

USCIS Offices in the Washington, DC area remain closed on Wednesday February 10, 2010 due to continuing snow storms.

Storm impacts may continue to be felt through February 12, 2010.

If you plan to visit a USCIS office in an area affected by the severe weather or you believe may be affected by severe weather, please call the

National Customer Service Center (NCSC): 1-800-375-5283

to ensure the office is open for business and for further instructions on rescheduling your appointment if the office is closed.

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Department of State to Close K-3 Visas if I-129F and I-130 Petitions Approved and Received Together

February 7th, 2010

Effective February 1st, 2010 (policy already in place), when both the I-129F petition for a nonimmigrant K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as well as the need for a nonimmigrant K-3 visa ends. If the NVC receives both petitions:

– The nonimmigrant K visa will be administratively closed.
– The NVC will contact the petitioner and beneficiary with instructions for processing a IR-1 (or CR-1) immigrant visa.

If the NVC does not receive an approved I-130 petition and I-129F at the same time, the NVC will process the I-129F petition. The NVC will then send the petition to the embassy or consulate in the country where the marriage took place. If the marriage took place in the U.S., the NVC will send the petition to the embassy or consulate that issues visas in the beneficiary’s country of nationality. If the marriage took place in a country that does not have an American embassy, or the embassy does not issue visas, the NVC will send the petition to the embassy or consulate that normally processes visas for citizens of that country. For example, if the marriage took place in Iran where the U.S. does not have an embassy the petition would be sent to Turkey.

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USCIS to Issue Revised Approval Notices for Certain Forms I-129 and I-539

February 3rd, 2010

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) is alerting customers of certain Notices of Approval (Forms I-797) issued between Jan. 20 and Jan. 27, 2010, with incorrect or missing information. The form types impacted are Petition for Nonimmigrant Worker (Form I-129) and Application to Extend/Change Nonimmigrant Status (Form I-539).

USCIS has started mailing new approval notices with corrected information to affected I-129 petitioners and I-539 applicants. Petitioners and applicants who received incomplete or incorrect approval notices should not attempt to use them. USCIS estimates that approximately 500 incorrect Notices of Approval (Forms I-797) were issued.

These are examples of errors on the approval notices of affected petitioners and applicants:

– For Form I-129, petitioners who requested multiple unnamed beneficiaries were issued an approval notice that lists only one unnamed beneficiary.

– For Form I-539, some applicants were issued an approval notice with no validity dates listed.

If you know or believe that your Notice of Approval was issued with incorrect or missing information, and you do not receive a revised Notice of Approval by Monday, Feb. 8, please contact USCIS at:

California Service Center
Regular: csc-ncsc-followup@dhs.gov
Premium: csc-premium.processing@dhs.gov

Vermont Service Center
Regular: vsc.ncscfollowup@dhs.gov
Premium: vsc-premium.processing@dhs.gov

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USCIS to Reissue Advance Parole Documents

January 28th, 2010

WASHINGTON – U.S. Citizenship and Immigrations Services (USCIS) announced today that it will reissue Advance Parole documents (Form I-512) in response to documents that were mailed to applicants with an incorrect issue date of January 5, 1990. All affected documents have been identified and USCIS will automatically reissue documents to individuals who have received a document with the incorrect issue date.

All documents continue to be valid as the expiration dates remain accurate, therefore it is not necessary for applicants to contact USCIS regarding their pending application unless their application is outside the normal processing time of 90 days.

If you need to travel urgently and you have received a document with an invalid issue date, then you may travel using the incorrect document. U.S. Customs & Border Protection (CBP) has been alerted however, you may be questioned about the issuance date. Therefore, please print this explanation to share with CBP if necessary.

For more information on USCIS programs, visit www.uscis.gov or call the National Customer Service Center at 1-800-375-5283.

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Proposed Increase of Non-Immigrant Visa Fees (K-1 Visas Raised to $350 – Previously $131)

December 21st, 2009

On December 14, 2009, the Department of State published a proposed rule in the Federal Register to increase the non-immigrant visa application processing fees, also called the Machine-Readable Visa (MRV) fee, and Border Crossing Card (BCC) fees. The proposed rule also establishes a tiered structure with separate fees for different visa categories.

The Department is proposing the increase to ensure sufficient resources to cover the increasing cost of processing non-immigrant visas (NIVs). This increase applies both to non-immigrant visas placed in passports and to border crossing cards issued to certain adult applicants in Mexico.

The new tiered fee structure was created to cover the higher unit costs for processing certain categories of non-immigrant visas that are more complicated and require more in-depth consideration than most other categories of non-immigrant visas U.S. law requires the Department to attempt to recover the cost of processing non-immigrant visas through the collection of the application fees. Because of ongoing process and security enhancements, the $131 fee set on January 1, 2008 is lower than the current, actual cost of processing non-immigrant visas.

Under the proposed rule, applicants for all visas that are not petition-based, including B1/B2 tourist and business visitor visas and all student and exchange-visitor visas, would pay a fee of $140.

Applicants for petition-based visas would pay an application fee of $150. These categories include:

* H visa for temporary workers and trainees
* L visa for intracompany transferees
* O visa for aliens with extraordinary ability
* P visa for athletes, artists and entertainers
* Q visa for international cultural exchange visitors
* R visa for religious occupations

The application fee for K visas for fiancé(e)s of U.S. citizens would be $350. The fee for E visas for treaty-traders and treaty-investors would be $390.

The Department will not begin collecting the new proposed fees until it considers public comments and publishes a final rule. In order to view the proposed rule and to submit comments, please go to www.regulations.gov.

For more information and FAQs please see the following page: http://www.travel.state.gov/news/press/press_4603.html

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USCIS Update: Change of Filing Location for Form N-400

December 19th, 2009

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today announced revised addresses for applicants filing an Application for Naturalization (Form N-400) at USCIS Lockbox facilities in Phoenix and Dallas. This filing address change takes effect immediately.

Applicants who previously filed their applications at the Lewisville Post Office (P.O.) box will now file their applications at a P.O. Box in Dallas. See address below. In addition, the table below includes a change to the USCIS Phoenix Lockbox address. Starting immediately, applicants filing Form N-400 at the USCIS Dallas or Phoenix Lockbox must submit the application and all supporting documents and fees to the following addresses, based on where they live:

If you live in:

Mail your application to the:

Alaska, Arizona, California, Colorado, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, Wyoming, Territory of Guam, or the Commonwealth of Northern Mariana Islands

USCIS Phoenix Lockbox

U.S. Postal Service deliveries:

USCIS
PO Box 21251
Phoenix, AZ 85036

Express Mail / Courier deliveries:

USCIS
ATTN: N-400
1820 E. Skyharbor Circle S
Suite 100
Phoenix, AZ 85034

Alabama, Arkansas, Connecticut, Delaware, District of Columbia, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennesee, Texas, Vermont, Virginia, West Virginia, Puerto Rico, or the U.S. Virgin Islands

USCIS Dallas Lockbox

U.S. Postal Service deliveries:

USCIS
P.O. Box 660060
Dallas, TX 75266

Express Mail / Courier deliveries:

USCIS
ATTN: N-400
2501 S. State Hwy. 121 Business
Suite 400
Lewisville, TX 75067

The U.S. Postal Service will immediately forward mail from the Lewisville Post Office to the new post office in Dallas until December 31, 2009. After that date, the Postal Service will forward the mail through normal channels, which will likely delay receipt at the Dallas Lockbox facility.

Applicants filing a Form N-400 under military provisions (Section 328 or 329), should file their application at the Nebraska Service Center, PO Box 87426, Lincoln, NE 68501-7426, regardless of where the applicant lives. This includes current military spouses regardless of geographic location or jurisdiction.

If you are filing a Form N-400 at USCIS Lockbox facilities, you may elect to receive an email and/or text message notifying you that your application has been accepted. You must complete an E-Notification of Application/Petition Acceptance (Form G-1145), and attach it to the first page of your application.

The N-400 form instructions have been updated to reflect the new filing locations.

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USCIS To Process Applications of Widow(er)s of Deceased U.S. Citizens

December 16th, 2009

On October 28, 2009, the President signed the FY2010 DHS Appropriations Act into law, allowing eligible widows or widowers of U.S. citizens to qualify for permanent resident status regardless of how long the couple was married. The new law amends the Immigration and Nationality Act (INA) by removing the two-year marriage requirement previously necessary for a widow(er) to qualify for permanent resident status as an immediate relative of his or her late U.S. citizen spouse. Additionally, when a widow(er) qualifies as an immediate relative under the law, his or her unmarried minor children will also qualify for the same status. The law applies equally to widow(er)s living abroad, who are seeking immigrant visas and widow(er)s in the United States, who want to become permanent residents based on their marriage.

These provisions of the FY2010 DHS Appropriations Act relate only to the impact of the citizen’s death on a widow(er)’s eligibility for classification as an immediate relative. All other requirements for approval of a visa petition remain in force. Specifically, the widow(er) must still establish that:

He or she was the citizen’s legal spouse.

The marriage was bona fide and not an arrangement solely to confer immigration benefits to the beneficiary.

He or she has not remarried.

He or she is admissible as an immigrant.

In an adjustment of status case, that he or she meets all other adjustment eligibility requirements and merits a favorable exercise of discretion.

Click here to read more information on pending cases impacted by this as well as Q & A’s.

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Seasonal Influenza Vaccine: Limited Geographical and Temporal Availability

November 28th, 2009

The Centers for Disease Control and Prevention (CDC) have informed USCIS that the availability of the seasonal influenza (flu) vaccine varies both geographically and temporally. Please see the CDC’s message under “More Information” to the right. The seasonal flu vaccine is one of the vaccines required for applicants for adjustment of status, 6 months through 18 years of age, and individuals ages 50 years or older. The receipt of the required vaccines is recorded on Form I-693, Report of Medical Examination and Vaccination Record (10/14/2009 edition date).

Based on CDC’s information, Form I-693 may be accepted without the seasonal flu vaccine if the following conditions are met:

–o The civil surgeon (or for refugees only the health department) does not have the seasonal flu vaccine available; AND

–o If the Form I-693 is completed by a civil surgeon, the civil surgeon either has referred the applicant to the health department to obtain the seasonal flu vaccine, or has contacted the health department for the availability of the seasonal flu vaccine, but the health department does not have the seasonal flu vaccine available; AND

–o The civil surgeon (or for refugees only the health department) notates on the form, in the row for the seasonal flu vaccine of the vaccination chart, the following: “vaccine unavailable at health department”

If the civil surgeon notates “vaccine unavailable at health department,” USCIS will grant a blanket waiver for the seasonal flu vaccine. Note that the form has to be properly annotated as shown above for the waiver to be granted or the form may be returned.
This notice is effective immediately and extends through March 31, 2010.

Until further notice is given by CDC, the H1N1 influenza vaccine is not part of the vaccination requirements for purposes of Form I-693.

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