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FAQ - USCIS I-864A

What is the purpose of USCIS I-864A?
It is the only legal method to make sure that the United States stays within the spirit of the Lawfulness with which it entered. The I-864A is a federal permit which must be obtained from and paid for by USCIS. Once it is approved, the immigrant may not re-enter the United States until that permit has expired. If USCIS is not notified in a timely manner it will be at the risk of issuing the immigrant an I-130 for re-entry. As such a person must be aware of the process and have a well-developed strategy in place to minimize delays and the potential risk of an I-130. In such instances, the immigrant may need to seek a lawyer to work on an application with an intent to obtain an I-864A. The purpose of the I-864A is to ensure that the immigration law follows the intent of the law and the spirit of the agreement between the countries. USCIS is the agency tasked to oversee the implementation of USC and is required to make decisions from a consistent process. As such, the I-864A is the only legal method to ensure that USCIS is within the spirit of I-130 and USC The I-864A is the only way to make sure that you will not have to go through the lengthy process to obtain USC before your temporary visa is approved. When traveling outside the while on the Visa Waiver Program, the I-864A should not be required to ensure that the immigrant is not traveling in order to commit fraud or otherwise violate the spirit of the I-130. What if I get a letter from USCIS telling me that I do not meet the requirements for an I-864A? The I-864A will not apply to you if two main conditions are met; First, the person must meet the criteria under the USCIS criteria on whether they satisfy the I-765(1)(C) or I-765(1)(E). You may be asked to submit evidence to prove that you were in the United States legally. You may have to prove your status as a lawful permanent resident to the American Immigration Council (AFC) if you do not file a USCIS I-765(1)(B) when you have the right to do so. This allows for your immigration status to be verified for certain types of immigration.
Who should complete USCIS I-864A?
You should complete USCIS I-864A if: You want to become a lawful permanent resident, green card holder, or citizen You were the only foreign-born person in the United States on January 15, 2016, and you do not intend to return to the United States or leave the country within 5 years You want to sponsor someone to become a permanent resident You should complete USCIS I-855 as soon as the forms are ready. Furthermore, you may get a referral from USCIS to one of our Immigration and Customs Enforcement (ICE) program partners that can assist you and your family members in becoming lawful permanent residents or green card holders in the future. It's important to check with your local Embassy to verify that your I-864A petition is on file when the immigration agency decides to refer you for a green card interview. Note: If you are subject to a final administrative order, you will need to resubmit your Form I-864A and request that USCIS refer you to a federal immigration attorney for a hearing on removal. The immigration agency may cancel your I-065A, depending on the immigration benefit you requested. To find out more information about USCIS I-864A, please see the USCIS I-864A website. USCIS I-864A fees vary according to the services you receive.
When do I need to complete USCIS I-864A?
You may need to complete USCIS I-864A at any time during the term of your I-129I petition, including any pending extensions. You may need to complete USCIS I-864A at any time during the term of your I-129I petition, including any pending extensions. How do I complete the USCIS I-864A? After you complete the I-129I petition application, you will enter the field “Form I-864A” and follow the instructions. You must submit this form with your application package. This form must be received by the Service within 7 (seven) business days of your request being submitted. After you complete the I-129I petition application, you will enter the field “Form I-864A” and follow the instructions. You must submit this form with your application package. This form must be received by the Service within 7 (seven) business days of your request being submitted. How long does it take to complete USCIS I-864A? The instructions for completing USCIS I-864A are included with your request. We use computer-generated information to calculate the number of days required to process your petition, including extensions. After completing the forms, return to USCIS. USCIS Processes Petition Based Upon Citizenship (Form I-600) After you complete or have completed USCIS Application for Travel Document, Electronic Travel Authorization, or Form I-130, a travel document will be sent to you by mail for review, or delivered to a Passport or Passport Card Office at a Port of Entry. If you have questions about your travel document, call, Option 2 or visit us in Los Angeles or Dallas, TX. Citizenship (Form I-602) If you do not already have a valid alien card or license, you may need to present one of these forms during your review period at a port of entry. This may become necessary, depending on the type of travel you are making. Once you present your card or license, your entire trip, including your arrival and departure, will occur without delay. USCIS I-797A – Visa Extension You may petition for an additional five (5) years of visa extension on USCIS Form I-797A.
Can I create my own USCIS I-864A?
You can create, download, and print an I-864A online here: Use your current address, date of birth, social security number, address of employer, and USCIS fingerprint for fingerprint verification. You can print it and mail it in. Can I change my birthdate? Please call our Customer Contact Center at 1-877-USCIS-2107 or between 10:00am and 4:30pm PST, Monday through Friday to find out the process. Can I use my passport for this process? You can use your current passport for travel. Do not purchase a new passport with this application. I did not receive a letter from USCIS prior to this application filing date. Why does my application not qualify? To qualify for this, you must have proof of citizenship, permanent residence, refugee status, or humanitarian admission status. USCIS will mail the completed I-864A form to you as soon as possible after completing your application. The application must be received by USCIS no later than 4:30pm Pacific Standard Time. USCIS will not process additional information if you receive a different letter than the one above, even if it's for the same service. Can I change my name on a USCIS I-864A? Yes you can change your name on the application.
What should I do with USCIS I-864A when it’s complete?
USCIS will send you USCIS I-864A when your application is complete. USCIS will not send you USCIS I-864a when your application is partially complete. You can print the form, complete it, and mail it to us at the address below. Office of US Citizenship and Immigration Services Attn: I-864A US Citizenship And Immigration Services 500 E Street SW Washington DC 20 Can I have another person attest to my status? No. You must submit your I-864A in any state or territory in which you plan to reside, including, but not limited to California, New Mexico, Alaska, Hawaii, and the District of Columbia. What should I do if I am the beneficiary/parent of an immediate relative who is unable to participate in I-864A for medical reasons? If an immediate relative has died, and you are the beneficiary or parent, then use the alternative I-864B or US-68-A by submitting it in your own name. A beneficiary may choose to have a relative attest to his or her status, should they so choose, and this option is available to individuals as of October 17, 2017. How long will it take to receive my document? You may receive your I-864A by mail in up to 3-5 business days, and your application will be processed in less than 1 business day. If the approval is issued within 1 business day, your application will be mailed and processed in less than 2 business days. When will I receive notification of the approval or denial of my I-864A application? USCIS will send you USCIS I-864A within 5 business days after USCIS approves your I-864A application. USCIS will also send notification if USCIS rejects an applicant's I-864 application. If USCIS decides to reject your application, you can return and resubmit the application within 30 days of the rejection request. However, the I-864A application may be returned to you if USCIS finds that: (1) the alien has violated any of the terms or conditions of the I-864; (2) an immediate relative will be unable to attest to the applicant's I-864A status; or The USCIS Service Center does not have an applicant in custody who is able to attest to the applicant's I-864A.
How do I get my USCIS I-864A?
You will receive a USCIS I-864A with the Electronic I-984 when you have started receiving work authorization from USCIS. This I-864A is issued automatically when you obtain a new Social Security card and is valid for three years from the date of issuance. The I-864A should be used in conjunction with the I-766 document you have already received. What documents does USCIS require to renew my work authorization? Once a person has started receiving work authorization, any documents or forms required for the renewal should be provided as soon as possible to ensure proper processing of the new application. Applicants may wish to discuss this with USCIS prior to submitting an application. You can find an excellent USCIS checklist for renewal of work authorization, available in the I-797 application and information booklet. How can I obtain a new I-797? The forms and guidance that are available on the Federal Register in Section F1 of the I-797 Application for Employment Authorization are very helpful in determining your application process. If we are unable to answer your questions, we will contact you directly with instructions on how to obtain an I-797. If you do not hear from us by email within 2 weeks of the date of your initial contact, please call the USCIS Information and Referral Service at. Can I renew or change to an alternative form of I-797? Your authorization to stay in the United States and work is renewable by another form of employment authorization at the time you renew or change. If you cannot obtain or renew your employment authorization, you may be eligible for an employment authorization document, or “EAD.” Please visit the USCIS Website for more information. Note that EAD's are only issued at a passport or immigration station and will not be issued to you to allow you to work. You will be told what form of employment authorization you need and the documents that are acceptable. In what situations do USCIS revoke my authorization to remain in the United States? The Citizenship and Immigration Services has the authority to act on its own authority as it deems necessary. If USCIS receives credible evidence that you have become a potential threat to the safety of the nation, we may consider revoking your I-797. To find out more about revoking your I-797, visit the USCIS Website.
What documents do I need to attach to my USCIS I-864A?
If you are renewing your US citizenship with USCIS, you typically need to attach your original passport or I-551(b)(7) certificate of approval as proof of the validity of your application and as a record of your US status to support the documentation you attach to your I-864A. You will be required to attach additional documents if you are applying for a “Renewal of Status” form. You can find this form here: USCIS I-864A Renewal Application; USCIS I-797 Certificate of Nationality of a Foreign Individual; USCIS I-797 Renewal of a Foreign Identification Document; and USCIS-Office of the Chief Registration Officer for the Americas. To learn even more, please review the USCIS I-864A Fact Sheets & Frequently Asked Questions, which are available here: USCIS I-864A Fact Sheet (PDF) and Frequently Asked Questions (PDF). If you need additional help applying for the I-864A, please contact USCIS's Application Assistance Center at or email application assistance If you need general guidance, please visit our I-864A Fact Sheet.
What are the different types of USCIS I-864A?
There are three main types of USCIS I-864A forms: Application to Register Permanent Resident for Citizen or Lawful Permanent Resident (green card) Application for Alien Relative to Register Permanent Resident for Citizen or Lawful Permanent Resident (green card and H-1B visa) Application to Register Permanent Resident for Alien Facing Unspecified Immediate Family Threat (h-1b visa) The forms are shown in the table below: Form Type of USCIS I-864A Application for Registration of a Permanent Resident Application for the Alien to Register for a Green Card and H-1B Visa Application for Registration of a Permanent Resident (including the Alien to Register for a Green Card and H-1B Visa) and the H-1B Visa Form 710-M and Form 710A Application to Register Resident Alien for the Purpose of Employment (F-1 Visas) Form I-87 If, when filling out the form in its entirety, you would also like the USCIS to use data from your passport or an authorized travel document, that is a good reason to choose a green card form such as the one listed below (but please note that not all passport information is valid for employment purposes). Form Type of USCIS I-864E Form I-87A Form 710-M and Form 710A-S You can find detailed instructions on how to fill out the I-864E form on the USCIS website. If you are unable to find the correct form on the USCIS website, you can also contact our office at (ask for a USCIS representative). Form Type of USCIS I-864A The alien must use the form to apply for permanent residence and submit the following items to USCIS with each application: Proof of identity (passport number, immigration file number and a copy of original or certified copy of recent passport). Proof of identity (passport number, immigration file number and a copy of original or certified copy of recent passport). Proof of lawful presence in the (Form I-551; Visa and Alien Registration number, green card no. and date of issuance). (Form I-551; Visa and Alien Registration number, green card no. and date of issuance).
How many people fill out USCIS I-864A each year?
For the 2013 reporting period (Oct. 1, 2012, to Sept. 30, 2013), the number of completed cases was 23,947,073 (see Figure 2). That's up percent from the 2011-12 reporting period. Among those who entered the United States on January 1, 2011, and for whom there was a valid E1 (fiancé) or E2 visa at the time they filed their initial application, 12,744,876 cases were considered. This represented percent of the total (see Figure 3). Among those who entered the United States on March 1, 2012, and for whom there was a valid E1 (fiancé) or E2 visa at the time they filed their initial application, 16,929,073 cases were considered. This represented percent of all (see Figure 3). Among those who entered the United States on January 1, 2014, and for whom there was a valid E1 (fiancé) or E2 visa at the time they filed their initial application, 21,957,837 cases were considered. This represented percent of all (see Figure 3). How many of these immigrants will go on to become legal permanent residents? Based on the total number of cases filed (nearly 23 million), the number of permanent residents is: About a million (percent) of all applications. Million (percent) of all granted permanent resident status. Million (percent) of those deemed ineligible for permanent residence and returned at no cost to the United States. Are any aliens exempt from the I-864A requirements? No. Section 214(a) of the Immigration and Nationality Act (INA), as amended by section 241(b), prohibits a person from receiving a visa under the program solely if the alien's presence in the United States would be likely to pose a direct threat to the security or welfare of the United States. This section has since been referred to as the INA 215(a) or “fleeing or attempting to elude” provision. This provision applies to both foreign nationals and citizens.
Is there a due date for USCIS I-864A?
If you have an I-864A form available to submit, it is due to USCIS by midnight on the 15th of the month that you apply. Otherwise, the form is due on the 30th. When do you need a birth certificate/certificate of citizenship? If you are applying for either: An Adjustment of Status to Nonimmigrant (NIV) under INA section 1101 (unless your previous NIV was based on an order of removal) or A Nonimmigrant Visa and you are the parent of an alien child who is an unlawful nonimmigrant, if your previous application was approved under INA section 203(b)(3)(C or (D), You may complete one of the following: A New Birth Certificate (see page 2 in a recent Fact Sheet for guidance) An Application for a Certificate of Live Birth (BCL), if you are requesting an adjustment of status to a green card, and you were born outside the United States, but in the United States more than 180 days prior to your application for adjustment of status. Does USCIS require both parents in this process? Yes. The Department of State (DOS) requires that both parents be present at the birth certificate applicant's residence when applying for adjustment of status to a green card. USCIS cannot accept a birth certificate with only one parent present. What to include in your application for a naturalization certificate of nationality/country of origin? There is many documents you should submit with your I-954 (not NIV application) to ensure your application for a naturalization certificate of nationality/country of origin is processed on time. Some of these documents are listed here: You must pay taxes on the NIV. What should I include in my income tax return for this process? You must pay Social Security taxes and Medicare taxes, in addition to income taxes, which are required by USCIS. You also need to include a payment for immigration visa processing costs if the NIV or NIV-2 are for a spouse or minor children.
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