| Frequently Asked Questions on Immigration Law |
How do I report a Change of Address to the USCIS?
All non-U.S. citizens (aliens) who are required to be registered are also required to keep the USCIS informed of their current address. This is particularly important when you have filed an application or petition for a benefit under the Immigration and Nationality Act and expect notification of a decision on that application. In addition, the USCIS may need to contact you to provide other issued documents or return original copies of evidence you submitted. It is also mandatory for any alien who has been designated as a “special registrant” under 8 CFR § 264.1(f)(as amended by 67 Federal Register 52585 (August 12, 2002) to inform the USCIS whenever he or she has a change of address
All aliens changing their address must file Form AR-11 with the USCIS address listed on the form. That address is:
U.S. Department of Homeland Security
USCIS
Change of Address
P.O. Box 7134
London, KY 40742-7134
For commercial overnight or fast freight services, only:
U.S. Department of Homeland Security
USCIS
Change of Address
1084-I South Laurel Road
London, KY 40744
USCIS has created an additional procedure and recommends additional notifications for those aliens who are also applicants for benefits. Applicants and Petitioners with pending cases should telephone customer service at 1-800-375-5283 to report their change of address and get the address on the pending application/petition changed. If you are not a U.S. Citizen you will also be required to complete a Form AR-11
How do I become a naturalized citizen?
If you are not a U.S. citizen by birth or did not acquire U.S. citizenship automatically after birth, you may still be eligible to become a citizen through the normal naturalization process. People who are 18 years and older use the "Application for Naturalization" (Form N-400) to become naturalized. Persons who acquired citizenship from parent(s) while under 18 years of age use the "Application for a Certificate of Citizenship" (Form N-600) to document their naturalization . Adopted children who acquired citizenship from parent(s) use the "Application for a Certificate of Citizenship on Behalf of an Adopted Child" (Form N-643) to document their naturalization.
Will I Get a Work Permit?
Applicants for adjustment to permanent resident status are eligible to apply for a work permit while their cases are pending. You should use USCIS Form I-765 to apply for a work permit. You do not need to apply for a work permit once you adjust to permanent resident status. As a lawful permanent resident, you should receive a permanent resident card that will prove that you have a right to live and work in the United States permanently.
How can I apply for permanent residence in the US?
You may be eligible to apply for adjustment to permanent resident status if you are already in the United States and if one or more of the following categories apply to you.
Family Member
You are the spouse, parent, unmarried child under age 21, the unmarried son or daughter over age 21, the married son or daughter, or the brother or sister of a United States citizen and have a visa petition approved in your behalf.
You are the spouse or unmarried son or daughter of any age of a lawful permanent resident and you have a family-based visa petition approved in your behalf.
You are the fiancé of a US citizen who will marry the US citizen who petitioned for you within 90 days of entry into the US.
Employment
You are an alien who has an approved visa petition filed in your behalf by a United States employer.
Cuban Citizen
You are a Cuban citizen or native who has been in the U.S. for at least a year after being inspected, admitted, or paroled into the United States. Your spouse and children who are residing with you in the United States may also be eligible for adjustment of status.
Registry
You have been a continuous resident of the United States since before January 1, 1972.
How do I remove the conditional status of my residency?
You may apply to remove the conditions of your permanent residency by Filing the Form I-751 if:
- You are still married to the same U.S. citizen or lawful permanent resident after two years (your children may be included in your application if they got their conditional resident status at the same time that you did or within 90 days).
- You are a child and cannot be included in the application of your parents for a valid reason.
- You are a widow or widower of a marriage that was entered into in good faith.
- You entered into a marriage in good faith, but the marriage was ended through divorce or annulment.
- You entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your U.S. citizen or lawful permanent resident spouse.
- The termination of your conditional resident status would cause extreme hardship to you.
What if my application or petition is denied by USCIS?
Should a petition or application be denied or revoked by the USCIS, in most cases you may appeal that decision to a higher authority. The Administrative Appeals Office ("AAO") has jurisdiction over 40 petitions and applications. If you receive a denial notice, it will advise you of your right to appeal, the correct appellate jurisdiction (AAO or BIA), and provide you with the appropriate appeal form and time limit.
There are strict deadlines that must be met to properly file an appeal. The appeal must be filed with the correct fee at the office that made the original decision. You may file a brief (explanation) in support of the appeal. After review, the appellate authority may agree with you and change the original decision, disagree with you and affirm the original decision, or send the matter back to the original office for further action.
In addition to the right to appeal (in which you ask a higher authority to review a denial), you may file a motion to reopen or a motion to reconsider with the office that made the unfavorable decision. By filing these motions, you may ask the office to reexamine or reconsider its decision. A motion to reopen must state the new facts that are to be provided in the reopened proceeding and must be accompanied by affidavits or other documentary evidence. A motion to reconsider must establish that the decision was based on an incorrect application of law or USCIS policy, and further establish that the decision was incorrect based on the evidence in the file at the time the decision was made. Any motion to reopen or reconsider must be filed with the correct fee within 30 days of the decision.
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