Kolken & Kolken Immigration Resources

Provisional Unlawful Presence Waivers

My Contact (USCIS) — Mon, 04 Mar 2013 00:00:00 -0500

Beginning March 4, 2013, certain immigrant visa applicants who are spouses, children and parents of U.S. citizens (immediate relatives) can apply for provisional unlawful presence waivers before they leave the United States. The provisional unlawful presence waiver process allows individuals, who only need a waiver of inadmissibility for unlawful presence, to apply for a waiver in the United States and before they depart for their immigrant visa interviews at a U.S. embassy or consulate abroad.

The new process is expected to shorten the time U.S. citizens are separated from their immediate relatives while those family members are obtaining immigrant visas to become lawful permanent residents of the United States.

Under current law, immediate relatives of U.S. citizens who are not eligible to adjust status in the United States must travel abroad and obtain an immigrant visa. Individuals who have accrued more than 180 days of unlawful presence while in the United States must obtain a waiver of inadmissibility to overcome the unlawful presence bars under section 212(a)(9)(B) of the Immigration and Nationality Act before they can return to the United States. Under the existing waiver process, which remains in effect, immediate relatives cannot apply for a waiver until after they have appeared for an immigrant visa interview abroad, and a Department of State (DOS) consular officer has determined that they are inadmissible to the United States. Immediate relatives of U.S. citizens who are eligible for the new provisional unlawful presence waiver can still choose to apply for a waiver using the existing process by filing a Form I-601, Application for Waiver of Grounds of Inadmissibility, after a DOS consular officer has determined that he or she is inadmissible to the United States.

What You Need to Know

The new provisional unlawful presence waiver process does not change the immigrant visa process. Even if your provisional unlawful presence waiver is approved, you are still required to depart the United States for your immigrant visa interview with a U.S. consular officer abroad.
If a provisional unlawful presence waiver is approved, it will only take effect after:

You depart the United States and appear for your immigrant visa interview, and
A DOS consular officer determines that you are otherwise admissible to the United States and eligible to receive an immigrant visa. NOTE: Do not depart until the National Visa Center (NVC) notifies you of your scheduled immigrant visa interview date and time at the designated U.S. Embassy or Consulate.

DOS may cancel your immigrant visa application process if you fail to appear at your interview.
If you are in removal proceedings, you are ineligible for a provisional unlawful presence waiver unless, at the time you file your Form I-601A, your proceedings are administratively closed and have not been put back on the Department of Justice, Executive Office for Immigration Review (EOIR) calendar to continue your removal proceedings.
While USCIS does not envision placing I-601A applicants in removal proceedings, USCIS will follow current Department of Homeland Security (DHS) and USCIS Notice to Appear (NTA) guidance governing initiation of removal proceedings. For more information on USCIS NTA priorities.

Eligibility Requirements

To be eligible for a provisional unlawful presence waiver you must fulfill ALL of the following conditions:

Be 17 years of age or older.
Be an immediate relative of a U.S. citizen (not a preference category immigrant who has a visa available). An immediate relative is an individual who is the spouse, child or parent of a U.S. citizen.
Have an approved Form I-130 or Form I-360.
Have a pending immigrant visa case with DOS for the approved immediate relative petition and have paid the DOS immigrant visa processing fee.
Be able to demonstrate that refusal of your admission to the United States will cause extreme hardship to your U.S. citizen spouse or parent.
Be physically present in the United States to file your application for a provisional unlawful presence waiver and provide biometrics.
Not have been scheduled for an immigrant visa interview by DOS before January 3, 2013.
Meet all other requirements for the provisional unlawful presence waiver, as detailed in 8 C.F.R. § 212.7(e) as well as the Form I-601A instructions.

You are not eligible for a provisional unlawful presence waiver if any of the following conditions apply to you:

You are subject to one or more grounds of inadmissibility other than unlawful presence.
DOS initially acted before January 3, 2013, to schedule your Immigrant Visa (IV) interview for the approved immediate relative petition upon which your provisional unlawful presence waiver application is based, even if your immigrant visa interview has been canceled, you failed to appear for the interview, or your interview was rescheduled on or after Jan. 3, 2013.
You are in removal proceedings that have not been administratively closed.
At the time of filing, you are in removal proceedings that have been administratively closedbut have been placed back on the EOIR calendar to continue your removal proceedings.
You do not meet one or more of the requirements.

How to Apply

Complete Form I-601A.

Form name	Fee
I-601A, Application for Provisional Unlawful Presence Waiver	The fee is $585. If you are under 79 years of age, you must also pay the $85 biometric services fee. If you are 79 years of age or older, you do not have to pay the $85 biometrics fee. The Form I-601A fees cannot be waived.

Form name

Fee

I-601A, Application for Provisional Unlawful Presence Waiver

The fee is $585. If you are under 79 years of age, you must also pay the $85 biometric services fee. If you are 79 years of age or older, you do not have to pay the $85 biometrics fee.

The Form I-601A fees cannot be waived.

Form Filing Tips

Use black ink only to complete forms. Do NOT use highlighters or red ink when completing forms because entries written with highlighters or red ink do not show up when the forms are scanned. Be sure to sign all of your form(s).
Complete the entire Form I-601A application, especially these required fields:
- Family Name
- Home Address
- Date of Birth
- Receipt number for your approved immediate relative petition (i.e. Form I-130 or Form I-360)
- NVC Case Number
- Immigrant Visa Interview Status
- Signature
Include all required supporting documentation and evidence listed in the form instructions.
Submit Form I-601A with the correct fees or USCIS will reject your application.
If you need to change responses on the form, we recommend that you re-start with a new form. Responses that have been "whited out" or erased can lead to scanning errors.
USCIS prefers that you download forms from our website, fill them out electronically, and then print your forms prior to submission to USCIS.
Be sure that you mail all pages of the form.
If you have any attachments, make sure each attached page has your name and either your A-Number (if available) or your I-130 or I-360 receipt number. You may also number the pages and include the total amount of pages being attached (i.e. "Page 1 of 11").
If you move after filing your Form I-601A, notify USCIS of your new physical address within 10 days of your move. You should also notify USCIS if your mailing address changes. You may not receive notices from USCIS if you do not notify USCIS that your address has changed.
You should also include Form G-1145, E-Notification of Application/Petition Acceptance, with your application if you want to receive an email and/or text message notifying you that your form has been accepted by USCIS.

2. Mail your application to the USCIS Chicago Lockbox.

If U.S. Postal Service

USCIS
P.O. Box 4599
Chicago, IL 60680

If USPS Express Mail/Courier

USCIS
Attn: I-601A
131 S. Dearborn, 3rd Floor
Chicago, IL 60603-5517

3. Visit an Application Support Center (ASC) to provide biometrics. After USCIS receives your Form I-601A application with fees, we will send you a notice scheduling you to visit an ASC to provide your biometric and biographic information.

Approval of Form I-601A

The USCIS National Benefits Center will adjudicate all Form I-601A applications.

Having a pending application for a provisional unlawful presence waiver or an approval of such a waiver will NOT:

Grant you any benefit or protect you from being removed from the United States.
Allow you to apply for interim immigration benefits such as work authorization or advance parole.
Guarantee you will be issued an immigrant visa.
Guarantee your admission into the United States by U.S. Customs and Border Protection.
Give you a legal immigration status.
Change the requirement that you must depart the United States in order to obtain an immigrant visa. NOTE: Until your approved unlawful presence waiver takes full effect, USCIS may reopen or reconsider its decision on the Form I-601A at any time.

Reasons Your Provisional Waiver May Be Revoked

Your approved provisional unlawful presence waiver is automatically revoked if:

DOS ends the immigrant visa application process.
USCIS revokes the underlying approved immigrant visa petition (Form I-130 or Form I-360).
The consular officer at the U.S. embassy or consulate determines that you are inadmissible on grounds of inadmissibility other than unlawful presence.
You reenter or attempt to reenter the United States without being inspected and admitted or paroled, before or after your provisional unlawful presence waiver is approved or before your immigrant visa is issued.

If You Are in Removal Proceedings

If USCIS approves your Form I-601A, you and/or your legal representative should take steps immediately to have your removal proceedings formally terminated or dismissed by EOIR before you depart the United States to attend your immigrant visa interview. If you leave the United States before your removal proceeding is terminated or dismissed, you may experience delays in the processing of your immigrant visa or risk becoming ineligible for an immigrant visa based on another ground of inadmissibility.

After you receive the approval notice for your Form I-601A, you and/or your legal representative should contact the Office of the Principal Legal Advisor at U.S. Immigration and Customs Enforcement (ICE) to make arrangements to have those proceedings dismissed. Do not contact ICE until after USCIS approves your Form I-601A. A list of the ICE Chief Counsel phone numbers is available on the internet at: http://www.ice.gov/contact/opla/. When you contact ICE, you should have a copy of the approval notice available for ICE’s review.

Denial of Form I-601A or Withdrawal of Form I-601A

If USCIS denies your provisional unlawful presence waiver, you cannot file an administrative appeal or a motion to reopen or reconsider.

However, if your provisional unlawful presence waiver request is denied or if you withdraw your provisional unlawful presence waiver application before USCIS makes a final decision, you may file a new Form I-601A, in accordance with the form instructions and with the required fees. Your immigrant visa case must also be pending with DOS. In the case of a withdrawn Form I-601A, USCIS will not refund the filing fees because USCIS has already taken steps to adjudicate the case.

Alternatively, if USCIS denies your Form I-601A or you withdraw your Form I-601A before USCIS makes a final decision, you can apply for a traditional waiver using the existing process and Form I-601, Application for Waiver of Grounds of Inadmissibility. You cannot apply for a Form I-601 until after you attend your immigrant visa interview and after DOS determines that you are subject to other grounds of inadmissibility. If you decide to file Form I-601 after the interview abroad, you must file the Form I-601 in accordance with its instructions and with the required fees.

Visa Bulletin For March 2013

My Contact (USDOS) — Thu, 14 Feb 2013 08:30:00 -0500

Number 54
Volume IX
Washington, D.C.

View as Printer Friendly PDF

A. STATUTORY NUMBERS

1. This bulletin summarizes the availability of immigrant numbers during March. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; U.S. Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible, in chronological order of reported priority dates, for demand received by February8th. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority dateearlier than the cut-off date may be allotted a number. If it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date announced in this bulletin.

2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.

3. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.

4. Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES

First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.

Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.

On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are available for all qualified applicants; and "U" means unavailable, i.e., no numbers are available. (NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

Family-Sponsored	All Charge-ability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
F1	15FEB06	15FEB06	15FEB06	22JUL93	15OCT98
F2A	22NOV10	22NOV10	22NOV10	15NOV10	22NOV10
F2B	01MAR05	01MAR05	01MAR05	15JAN93	08JUN02
F3	15JUL02	15JUL02	15JUL02	15MAR93	15SEP92
F4	22APR01	22APR01	22APR01	15AUG96	15JUL89

*NOTE: For March, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 15NOV10. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 15NOV10 and earlier than 22NOV10. (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)

5. Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows:

EMPLOYMENT-BASED PREFERENCES

First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "*Other Workers".

Fourth: Certain Special Immigrants: 7.1% of the worldwide level.

Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of Pub. L. 102-395.

Employment- Based	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	15FEB08	01SEP04	C	C
3rd	01MAY07	22JAN07	22NOV02	01MAY07	01SEP06
Other Workers	01MAY07	01JUL03	22NOV02	01MAY07	01SEP06
4th	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C
5th Targeted EmploymentAreas/ Regional Centers and Pilot Programs	C	C	C	C	C

*Employment Third Preference Other Workers Category: Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.

6. The Department of State has a recorded message with visa availability information which can be heard at: (202) 663-1541. This recording is updated on or about the tenth of each month with information on cut-off dates for the following month.

B. DIVERSITY IMMIGRANT (DV) CATEGORY

Section 203(c) of the INA provides up to 55,000 immigrant visas each fiscal year to permit additional immigration opportunities for persons from countries with low admissions during the previous five years. The NACARA stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA program. This resulted in reduction of the DV-2013 annual limit to 50,000. DV visas are divided among six geographic regions. No one country can receive more than seven percent of the available diversity visas in any one year.

For March, immigrant numbers in the DV category are available to qualified DV-2013 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region	All DV Chargeability Areas Except Those Listed Separately
AFRICA	25,850	Except: Egypt 15,600 Ethiopia 24,400 Nigeria 12,150
ASIA	5,200
EUROPE	16,200	Except: Uzbekistan 13,400
NORTH AMERICA (BAHAMAS)	3
OCEANIA	850
SOUTH AMERICA, and the CARIBBEAN	900

Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for the DV-2013 program ends as of September 30, 2013. DV visas may not be issued to DV-2013 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2013 principals are only entitled to derivative DV status until September 30, 2013. DV visa availability through the very end of FY-2013 cannot be taken for granted. Numbers could be exhausted prior to September 30.

C. ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN APRIL

For April, immigrant numbers in the DV category are available to qualified DV-2013 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region	All DV Chargeability Areas Except Those Listed Separately
AFRICA	33,500	Except: Egypt 19,175 Ethiopia 29,700 Nigeria 14,500
ASIA	6,525
EUROPE	22,850	Except: Uzbekistan 13,400
NORTH AMERICA (BAHAMAS)	3
OCEANIA	1,000
SOUTH AMERICA, and the CARIBBEAN	1,075

D. VISA AVAILABILITY IN THE COMING MONTHS (April – June)

FAMILY-sponsored categories (potential monthly movement)

Worldwide dates:
F1: Three or four weeks
F2A: Three to five weeks
F2B: Three to five weeks
F3: One or two weeks
F4: Up to two weeks

EMPLOYMENT-based categories (potential monthly movement)

Employment First: Current

Employment Second:

Worldwide: Current

China: Three to six weeks

India: No movement. Despite the established cut-off date having been held for the past five months in an effort to keep demand within the average monthly usage targets, the amount of demand being received from U.S. Citizenship and Immigration Services (USCIS) Offices for adjustment of status cases remains extremely high. Should the current rate of demand continue, it is likely that at some point the cut-off date will need to be retrogressed in an effort to hold demand within the FY-2013 annual limit.

Employment Third:

Worldwide:    Four to six weeks
China:        Two to three months
India:        Up to two weeks
Mexico:       Four to six weeks
Philippines: Up to one week

Employment Fourth: Current

Employment Fifth: Current

Item D of the December 2012 Visa Bulletin alerted readers that a China cut-off date might be imposed at some point during the second half of the fiscal year. Currently there is no reason to believe that it will be necessary to establish a China Employment Fifth preference category cut-off date during FY-2013, since demand over first six months of FY-2013 has now averaged out to a manageable level.

The above projections for the Family and Employment categories are for what is likely to happen during each of the next few months based on current applicant demand patterns. Readers should never assume that recent trends in cut-off date movements are guaranteed for the future. The determination of the actual monthly cut-off dates is subject to fluctuations in applicant demand and a number of other variables which can change at any time. Those categories with a “Current” projection will remain so for the foreseeable future.

E. OBTAINING THE MONTHLY VISA BULLETIN

The Department of State's Bureau of Consular Affairs publishes the monthly Visa Bulletin on their website at www.travel.state.gov under the Visas section. Alternatively, visitors may access the Visa Bulletin directly by going to:
http://www.travel.state.gov/visa/bulletin/bulletin_1360.html.

Department of State Publication 9514
CA/VO: February 8, 2013

Immigration Forms

Wed, 13 Feb 2013 00:00:00 -0500

You can download any immigration form you require directly from The U.S. Citizenship and Immigration Services official website. The USCIS provides you with an Online Catalog of forms and form packages that are most commonly used to apply or petition for immigration benefits.

Many of these forms (benefit applications and petitions) require the payment of a fee in order for USCIS to process (adjudicate) your requests. Some also require applicants to pay an additional and separate fee for fingerprinting. This section will provide you with information on fees and fingerprint requirements.

The Forms and Fees page provides information on Immigration forms and how to print them. We recommend that you obtain all of your forms by downloading (printing) them directly from the official Website. This ensures that you are using the most up-to-date version of the form which is available. However, if you do not want to download a form, you may order immigration forms by phone at 1(800) 870-3676.

Employment Based Forms
Family Based Forms
Green Card Based Forms
Humanitarian Benefits Based Forms
Citizenship and Naturalization Based Forms

Electronic Filing: E-Filing provides a user-friendly way to file certain immigration forms.

Forms Currently Available for e-Filing and Form-Specific e-Filing Instructions

USCIS Immigration Case Status Online Search

Tue, 12 Feb 2013 00:00:00 -0500

To view the status of your immigration case click on the link below which will take you directly to the U.S. Citizen and Immigration Services online case status search page. You will be required to enter the corresponding application receipt number for your case. The 13-character application receipt number can be found on application notices you have received from the USCIS. Dashes ("-") should be omitted when entering a receipt number. However, all other characters, including asterisks ("*"), can be included if listed on your notice as part of the receipt number.

Click here to check the status of your immigration case.

USDOS Online Case Status Check

My Contact — Mon, 11 Feb 2013 00:00:00 -0500

The Bureau of Consular Affairs, U.S. Department of State has put out an online U.S. visa status check tool for both nonimmigrant and immigrant visa applications.

You will need your visa case number to check the status of your case.

Click here to check it out.

Automatic USCIS Case Status Updates (Via Email or Text)

My Contact — Sun, 10 Feb 2013 23:59:00 -0500

Sign-up for Automatic Immigration Case Updates

USCIS Customers (applicants or petitioners) and Representatives (such as lawyers, charitable groups, or corporations) who require regular access to status information about multiple cases can create an account to more conveniently access this information. The services provided to both account types are identical, except Representatives may also enter their own internal office tracking number with each receipt number.

In addition, USCIS Customers and Representatives can choose to receive automatic case status updates, which will be sent via e-mail. A new pilot program provides the additional option to receive a text message notification that a case status update has occurred, which will be sent to a United States mobile phone number. USCIS Customers and Representatives that select the option to receive the text message notification acknowledge that Standard Messaging Rates or other charges related to these notifications may apply.

E-Filing - File your Immigration Form Online

My Contact (USCIS) — Sun, 10 Feb 2013 07:00:00 -0500

Immigration Forms Currently Available for E-Filing

The forms below are currently available for e-filing, with some restrictions. For more on restrictions, see the "Instructions" links to the right.

I-90 - Application to Replace Permanent Residence Card
- Customers may now use spaces in the name data fields in the Form I-90 (e.g., Mary Kate will be accepted in addition to Mary-Kate) and enter special characters in the Bank Account Number field.
I-131 - Application for Travel Document
I-140 - Immigrant Petition for Alien Worker
I-539 - Application to Extend/Change Nonimmigrant Status
I-765 - Application for Employment Authorization (Please note that the option to file Form I-765 electronically for the eligibility category [c][3][i] has been disabled. The option to file Form I-765 for the eligibility codes [c][3][ii] and [c][3][iii] remains in effect.)
I-821 - Application for Temporary Protected Status (This form will be available for e-Filing only if a TPS country is designated for re-registration purposes per the Federal Register Notice. For the latest information on TPS, please visit the Temporary Protected Status page.)
I-907, Request for Premium Processing Service

Benefits of Filing Online:

File your benefits application from anywhere with an Internet connection.
Pay your fees with a credit card or directly through your checking or savings account
Receive immediate confirmation that your application has been received by USCIS

You Cannot E-File If:

You are applying for a waiver of the filing fee; or
You are requesting that your case be expedited.

There may be some circumstances in which e-Filing is not the recommended solution. These situations are outlined in the instructions specific to the form you seek to file. Please review the form instructions prior to e-Filing to ensure that e-Filing is the best option for you. If e-Filing is not the best option for you, please see the instructions for the paper version of the form.

Please note that the option to file Form I-129 and Form I-907 has been temporarily disabled within the e-Filing System.

Click here to start the e-filing process.

Immigration Processing Times

Sun, 10 Feb 2013 00:00:00 -0500

Click here for the approximate processing dates for applications and petitions filed with the Citizenship and Immigration Services.

Form I-821D, Consideration of Deferred Action for Childhood Arrivals

My Contact (USCIS) — Sat, 09 Feb 2013 09:00:00 -0500

Purpose of Form :

To request that USCIS consider deferring action, on a case-by-case basis, based on guidelines described in the Secretary of Homeland Security's memorandum issued June 15, 2012. Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. Individuals who receive deferred action will not be placed into removal proceedings or removed from the United States for a specified period of time. Individuals filing Form I-821D must also file Form I-765, Application for Employment Authorization, and Form I-765WS, Form I-765 Worksheet.

Number of Pages :

Form 6; Instructions 9.

Edition Date :

8/15/2012

Where to File :

Where you file depends on your state of residence; check our Filing Addresses for Consideration of Deferred Action for Childhood Arrivals for the correct mailing address.

Filing Fee :

The total fee for forms I-821D, I-765 and the I-765WS is $465. This fee includes a $380 form fee for the I-765 and an $85 biometric services fee.

Special Instructions :

Since you will file your forms at a USCIS Lockbox facility:

We recommend reading our Lockbox Filing Tips.
To receive an e-Notification when your forms have been accepted, complete Form G-1145, E-Notification of Application/Petition Acceptance and clip it to the front of the Form I-821D.

To ensure your request is accepted for processing:

Sign the forms.
Submit the correct fees.
Send the documentation required by the form instructions.
Ensure you complete these required form fields:

- Form I-821D:

Family Name
Address
Date of Birth

- Form I-765:

Name
Address
Date of Birth
Eligibility Category

- Complete Form I-765WS.

This page can be found at http://www.uscis.gov/i-821D

USCIS Civil Surgeon Locator

Sat, 09 Feb 2013 00:00:00 -0500

Most applicants for adjustment of status are required to have a medical examination. The medical examination must be conducted by a civil surgeon who has been designated by the Bureau of Citizenship and Immigration Services.

Click here to find a designated civil surgeon to examine you for your immigration application.