Form I-812D for Deferred Action

August 15^th is the day when USCIS will start accepting Deferred Action. And the Form required in filing for obtain Deferred Action is Form I-812D. Along with the Form you should also file Form I-765, Application for Employment Authorization or Form I-765 W(Worksheet). Whether the application is accepted or rejected will be sent out using the Form G-1145, e-notification of the petition.

The purpose of the Form I-812D is to request USCIS consider deferring action based on the guidelines described in the Secretary of Homeland Security’s Memorandum. This process ensures that individuals will not put into removal proceedings or removed from the US for a specified period of time, unless Department of Homeland Security (DHS) chooses to terminate the deferral.

Form I-821D can be applied by Childhood Arrivals

• Not included in Removal Proceedings ever
• With Terminated Removal Proceedings
•  Holding a Final Removal Order, with Voluntary Departure or in Removal Proceedings.

To file this request you can visit the USCIS website www.uscis.gov/I-821D or you can contact USCIS National Customer Service Centre at 1-800-375-5283 and for TDD (hearing impaired) call: 1-800-767-1833.

Initial Evidence need to be submitted along with your Form I-821D:

• No need to submit the original Documents unless USCIS ask for it
• And Evidence should show that you meet all the eligibility criteria

Each document must be properly filled and signed along with requirements as instruction provided by the Form I-821D .The total cost of the form is $465 including $380 for the Form I-765 and $85 for biometric services.

Once completion of filling the application, you need to send the application depending on your residence. Direct filling address for Form I-821D, follow the link here.

Once you submitted the form you can fill a Form G-1145 at www.uscis.gov/G-1145  to receive email or text message notifying that your form has been accepted and you will get the notification within 24 hours of accepting your immigration forms.

What is Form I-485?

Form I-485 is the application form to register permanent residence or adjustment of status . This is filed by an individual or a non US citizen to obtain permanent resident status in the US. Form I-485 is for the non US citizens who are in the US and are eligible to apply for the green card based on sponsorship by a family member, employer or based on their refugee/asylee status.

Adjustment of immigration status:

Applying for I-485 or adjustment of status is a very complex process and should be followed per the USCIS guidelines. This process is the final stage of getting a green card. Once this stage is completed, the individual becomes a legal permanent resident. There are two options for an individual to apply for immigrant status. If the applicant is residing in the US, he/she can apply using the form I-485 and if outside the US he/she apply at the US Consular office at the home country.

Eligibility for filing form I-485:

While residing in the US one can go ahead filing the Form I-485 if one or more of the following is applicable,

• On the basis of approved immigration petition or filing concurrently.
• Based on the derivative status for spouses and children: If spouse or child is in the US, they can file along with the principle or after.If spouse or child is outside the US, the person adjusting the status should file form I-824, which is the application for action on the approved petition or application.
• Based on the finance visa admission to the US and subsequently marrying within 90 days of your entry and if admitted as the K-2 child of such a fiancé(e), you may file form I 485 to adjust status based on your parent’s adjustment.
• Based on the Asylee/Refugee status.
• Based on the continuous residence, residing in the US since January1, 1972.
• Based on the Cuban nationality/citizenship.
• Based on the change of date from which the permanent residency began.

Required documents while filing form I-485:

The following are the list of documents submitted while filing from I-485 application

• Copy of the birth certificate
• Copy of the passport
• Recent photographs
• Copy of your I-797 Notice of Action, for the approved I-140, Immigrant Petition for Alien Worker
• Evidence of relationship like the joint lease, joint mortgage, etc
• Form G-325A, Biographic Information
• Employment letter
• Copies of the marriage certificate or divorce decrees or criminal records (if any)
• As an option, Form I-765, Application for Employment Authorization or EAD or Form I-131, Application for Travel Document
• Apart from the above, supporting documents depending on the individual’s case is submitted.

The forms like the I-131 or I-765 filed along with the form I-485 will be processed separately and should be completed with the required documents. Once the USCIS accepts the application, a separate notice of action will be sent for each application filed. Any attempt to falsify the document or submit false document will lead to denial of the application, thereby not allowing one to adjust his/her status.

Can I work while my Green Card application is pending?

Immigrants who are in the United States for temporary stay should file Form I765, application for employment authorization with the United States Citizenship and Immigration Services or USCIS, to receive an EAD or Employment Authorization Document. The EAD is also known as work permit. U.S. citizens, lawful permanent residents, conditional permanent residents and non-immigrants who are authorized to work in the U.S. should not use Form I-765, application for employment authorization. You can work in the United States even while your Green Card application is pending.

If you want to work while your Green Card application is pending, you have to file Form I765, application for employment authorization along with your adjustment of status application. Along with Form I-765 you have to submit a copy of your I-94, Arrival Departure Card. On submitting your application with the USCIS, you should receive an Employment Authorization Card within 90 days. Once you have received the Employment Authorization Card you are eligible to work in the United States, even if your Green Card Application is pending.

If for some reason you do not receive the Employment Authorization Card within 90 days, you can request for an interim employment authorization on Form I765, which will be valid for 240 days. To receive an interim card, you have to file a request for interim work authorization on Form I765 at the USCIS service center. If 240 days pass and you still have not received a final decision on your I765 application you must stop working. Interim work authorization cards cannot be renewed. However, if you reach this point, you have the option to file a new application for employment authorization on Form I765. If you do not get a decision even on the new I765 application within 90 days, you will then be entitled to another interim work authorization card.

There is no filing fee for Form I765 when filed concurrently with Form I-485, Application for adjustment of status. It is recommended to file Form I765, Application for Employment Authorization and Form I-485, Adjustment of status application together which enables you to work while your Green Card application is pending and also facilitates easy processing of the application.

You can check the status of your Form I-765 online. If your application for employment authorization on Form I765 is denied, you will be send a letter from USCIS stating why your application was rejected. You are allowed to request the USCIS officers to reconsider your case.

Form I765 is used even for renewal of EAD, replacement of EAD and interim EAD. If you filed your adjustment of status application on or after July 30, 2007 and have paid the application fee for Form I-485, you are not required to pay any fee while requesting for employment authorization on Form I765. If you file Form I765 separately, then you should submit a copy of Form I-797C as an evidence of filing Form I-485, application for adjustment of status.

Should I renew my Green Card or apply for citizenship?

Green Card or Permanent Resident Card is a proof of your permanent resident status in the United States. It is a valid identification document to prove that you are eligible to live and work in the U.S. Some Green Cards contain no expiration date, while most are valid for ten years. A conditional Green Card is valid only for two years. It is important to keep your Permanent Resident Card up-to-date. It is frequently said that Green Cards give all the benefits of U.S. citizenship except the right to vote and hold public office.

If you are a permanent resident of the United States your status as a permanent resident does not expire, but your Green Card will expire in every ten years. When the expiration date on your card is six months away, you can either renew your Green Card or apply for U.S. citizenship. The time period you have to wait before applying for U.S. citizenship ranges between three to five years.

If you are eligible to apply for U.S. citizenship, you can submit the U.S. citizenship application instead of renewing your Green Card. You can apply for U.S. citizenship by filing Form N-400. It will probably take you over a year to get U.S. citizenship. If you change your job or travel, it is recommended that you renew your card.

When can I apply for U.S. Citizenship?

Generally you are eligible to apply for U.S. citizenship, if you have been a Permanent Resident for at least five years. But there is an exception for asylees, refugees and those married to U.S. Citizens.

• If you have been married to and living with your U.S. citizen spouse, you can apply for U.S. citizenship after 3 years of being a Permanent Resident.

• If you are an asylee, you can apply for U.S. citizenship four years after your approval for permanent residence

• If you are a refugee, you can apply for U.S. citizenship five years after your entry to the U.S. no matter when you became a permanent resident.

The other conditions that should be met before you can apply for U.S. citizenship is, you should have good moral character when you had the Green Card and you should have lived in the U.S. for most of the time. When you become a U.S. citizen, you are allowed to petition for your family members to immigrate to the United States.

If you are not eligible for U.S. citizenship, then you have to renew your Green Card by filing Form I-90. If you are a conditional resident and your status is expiring do not file Form I-90. Conditional Permanent Residents are required to file a petition to remove conditions within 90 days of the expiration date. If you are a conditional resident based on marriage, you are required to file Form I-751. If your conditional status is based on being an investor or entrepreneur, you must file Form I-829.

What is a Biometrics Notice?

Green Card and Naturalization applicants needs to take the USCIS Biometrics for the purpose of Federal Bureau of Investigation criminal background checks. Certain application like I-90, N-400, I-485, etc., requires USCIS Biometrics to be taken. In this case you need to submit the application with USCIS Biometrics fee.

After USCIS receives the application, they will send USCIS appointment notice with place, date and time for you to take the USCIS Biometrics. Once you receive the USCIS appointment notice make sure you read the instructions carefully. In certain areas, a van will come to take you to the finger printing locations, if the fingerprinting location is far from your area. Note that the USCIS appointment notice will tell you whether a van serves your area.

If additional documents are required, then USCIS appointment letter will specify the documents that you need to take with you for the USCIS Biometrics.

Take the USCIS appointment letter with you, when you go to take the USCIS Biometrics. Make sure you also take the additional documents that is specified the USCIS appointment letter. You must also take with you a photo identification document such as passport or national photo identification issued by your country, or driver’s license, or military photo identification, or state-issued photo identification card.

After you reach the USCIS Biometrics center with your USCIS appointment notice, you will be asked to fill a form. You must also indicate for what application the USCIS Biometrics is taken for eg., Form I-90, Form I-485, N-400 etc.,

Most of the fingerprinting center uses ink to take the fingerprint. However they might also take the fingerprint electronically eventually.

Once the finger print is taken, USCIS will send it to the FBI to check the criminal backgrounds. The FBI is very efficient and checks your case and sends it back to the USCIS in 3 to 4 weeks. In case if the fingerprint is not clear they will reject and send it back to the USCIS. Then USCIS will again schedule another appointment and send an USCIS appointment notice to you. You need to take the finger prints again. If FBI rejects because of quality of the fingerprints, then you don’t have to pay the fee for biometrics.

You can also check with the FBI whether it has checked for criminal backgrounds and sent it back to the USCIS. Note that USCIS will not reveal the results, whether the fingerprints was rejected or not. If the Federal Bureau of Investigation rejects your finger print twice then you have to get the police clearance from each place where you had lived in the past five years.

Generally USCIS Biometrics are considered good for fifteen months. If in case the application is not processed for fifteen months after you had taken the fingerprints, then USCIS may send another USCIS appointment asking you to take the fingerprints again.

Applicants for political aylee don’t have to pay the biometrics fee. Applicants who concurrently file I-485 based on an employment petition and Form I-765 will receive one USCIS appointment for biometrics. USCIS will take biometrics for both forms in one visit and the applicants need to pay only one biometric fee with the I-485.

What is Curricular Practical Training?

F-1 visa is a non-immigrant student visa for those desiring to pursue academic and language training programs. United States Citizenship and Immigration Services or USCIS states F-1 Curricular Practical Training or F-1 CPT also known as F-1 Practical Training, as an internship or training program that must be an intergral part of the established curriculum. F-1 CPT serves to provide work experience to students, where the internship or training is a vital part of the student’s academic program, before the course of study is completed. Inorder to avail F-1 Practical Training Form I-765 should be filed.

F-1 Practical Training should be provided by the sponsoring employers through schools or universities. There must be a collaborative agreement between the employer and the school or university.

F-1 CPT is a temporary employment authorization that is got by filing Form I-765. Non-immigrant students while enrolled in a college for degree level course should file Form I-765. F-1 CPT permission is granted upon the approval of the advisor from the school or university’s International Student Office. The regulations for approval is established by the USCIS.

Eligibility for F-1 Practical Training

• Lawful enrollment on full-time basis for one academic year.

Graduate students whose academic curriculum require immediate internship or training are an exception.

• The student should be in valid F-1 status.

Students who are engaged in English language programs are not eligible for F-1 Practical Training.

International Student and Scholar Services (ISSS) can authorize F-1 CPT if the proposed employment meets one of the two conditions below.

• The training employment is necessary for the awarding of the degree and is required for all students pursuing the degree.

• The training will result in the awarding of academic credit for employment experience

F-1 CPT is always part-time. USCIS does not have an absolute limit on the number of F-1 Practical Training that may be utilized. However, if you are engaged in full-time F-1 Practical Training for one year or more, you will lose your eligibility to engage in Optional Practical Training.

When you file Form I-765 to avail CPT the following documents must be submitted:

• Offer letter signed by the prospective employer with the employer’s name, address and dates of employment on company letterhead.
• F1-CPT Recommendation Form completed by the academic advisor.
• Registration Proof for F-1 CPT course, if academic credit is got for the training.
• Copy of passport
• Copy of I-94
• Copy of I-20

If you are eligible for F-1 CPT, prepare the supporting documents along with Form I-765. Fix an appointment with the ISSS advisor. He will authorize F-1 CPT by issuing a new I-20. The processing would take 3 business days. Only after you receive the new I-20 and authorized F-1 CPT from ISSS, you can engage in F-1 Practical Training. This authorized F-1 CPT is specific to an employer, location, and duration. To extend your temporary F-1 CPT to EAD you should file Form I-765 along with the required documents. Before your EAD expires, you should file Form I-765 for renewal. Processing time for Form I-765 takes about three months.