25 Haziran 2012 Pazartesi

How to prepare an immigration packet for submission to USCIS

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Rather than talking about a specific application or petition, I'd like to give you some general suggestions on how to get your packet ready to submit to USCIS.  Whether you are filing an I-751 Application to Remove Conditions or an adjustment of status packet, there are a few things that you should keep in mind as you are preparing your documents for submission.

1.  Use the www.uscis.gov for downloadable, fillable PDF forms.  There are plenty of websites that will charge you for forms, or where you can find outdated versions of the immigration forms, but USCIS.gov is your best resource for free, fillable copies of all of the most up-to-date immigration forms.  Be sure to save a copy of your completed form for your records.

2.  Follow the form instructions carefully.   The forms at www.uscis.gov each come with a set of instructions that detail exactly how the forms should be completed, as well as listing the documents that are required to be submitted with the forms.  Use the instructions as a checklist, and make sure you have everything that is requested; otherwise, you'll be asked to provide information later, and this can delay the processing of your case.

3.  NEVER send originals of biographic documents (birth certificate, passport, naturalization certificate, marriage certificate, etc.) unless you are specifically requested to do so.  Instead, make a clear, color copy and submit that with your application.  When you are copying a passport, unless otherwise indicated, you should make a copy of the front cover, the biographic page (where your photo is) and any stamped pages, including the page where your visa is placed.  Also be sure to copy your I-94 card, front and back, whether or not it is attached to your passport. If you entered on the Visa Waiver Program you may not have an I-94, but you should copy your entry stamp.

4.  The only original documents you should submit are as follows:

  • Passport photos (check the form instructions to determine how many are needed)
  • Sealed medical exams (if required, as in adjustment of status cases) 
  • Signed translations of foreign-language documents 
  • Affidavits from friends and family to support your case, if required
5.  Make a cover letter listing exactly what is being sent. This helps you to organize the documents, and to make sure you're not missing any thing from your packet.  Here's an example that's based on my cover letter for a marriage-based adjustment of status case (the one I actually use is slightly different since I am filing on behalf of a client):  
December20, 2011
Via Certified MailUSCIS PO Box 805887Chicago, IL 60680-4120

RE:      Adjustment of StatusPetitioner:     «Petitioner»Beneficiary    «Beneficiary»FileNo.:         «A_Number»
Dear Sir orMadam:
In support of theabove-captioned matter, please find enclosed the following documents.
      1. Form I-130
      2. Form I-485 with filing fees
      3. Form G-325 (2) for Petitioner and Beneficiary
      4. Form I-765
      5. Form I-864 or I-865 EZ
      6. Form I-864 for co-sponsor
      7. Form I-864A
      8. Copy of Petitioner’s birth certificate, with translation
      9. Proof of Petitioner’s US citizenship
      10. Copy of Beneficiary’s birth certificate, with translation
      11. Complete copies of all current passports with I-94
      12. Copy of marriage certificate
      13. Copy of children’s birth certificates
      14. Copy of all divorce decrees
      15. Copy of 2010, 2009, and 2008 tax returns from Petitioner
      16. Two (2) passport photos of Petitioner and Beneficiary
      17.  Sealed Medical examination
   Ifyou should require any further information, please do not hesitate to contactme. Thank you inadvance for your time and attention to these materials.
Very truly yours,


YOUR NAME 
6.  Make a copy of your submission, including the passport photos and the check or money order for the filing fees.  Check the form instructions to determine who the check should be made payable to, and follow that carefully--don't use abbreviations, and be sure the check is signed and dated before you seal the envelope. 
7.  Write your name and A# on the back of your passport photos, and in the Memo line of the check or money order.  If the passport photos are in a sheet, be sure to cut them into individual photos before sending.  I usually staple my passport photos and check to the cover letter so that they don't get lost in the envelope, but you can also use a binder clip or paperclip.  I don't recommend leaving them loose in the envelope, since the forms are processed in a large facility that handles hundreds of applications.  Whatever you can do to minimize the chances that your documents will become separated is worthwhile. 
8.  Most immigration lawyers use US mail to send things to USCIS, rather than FedEx or UPS.  I always send things via certified mail (without the request for a return signature), just so I can see that it arrived if I don't get a receipt within 3 weeks.  It's not strictly necessary, but it does give you peace of mind to know that your package has arrived, which is probably worth the 3 extra bucks.  
9.  Make a note of when you sent the forms, and, if you haven't received a receipt notice within 3 weeks from that date, check your certified mail receipt to ensure that the package arrived.  If it didn't, check with your post office to determine whether it was returned for some reason.  
10.  Remember that you need to update USCIS immediately if your address changes.  You can complete the change of address form online at https://egov.uscis.gov/crisgwi/go?action=coa .  In the meantime, make sure to have your mail forwarded, and use your receipt notices to check the USCIS website periodically to make sure  that nothing has been mailed to you since the move.  
If you have questions, or if you find that you would prefer to be represented in your immigration case, please do not hesitate to contact me at www.cruddenlegal.com, or by email to christina@cruddenlegal.com.  Best of luck to you!  

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