Fundamentals Of Family Immigration:  How To Get From The I-130 To The I-485
Spring 2014 Texas, Oklahoma and New Mexico AILA Conference

Family-Based Petitions:  The Form I-130

I.	Purpose Of The I-130

The Form I-130, Petition for Alien Relative, is filed by United States citizens or lawful permanent residents seeking to establish qualifying relationships with alien relatives who wish to immigrate to the United States.  The petition establishes whether the person is an immediate relative of a United States citizen and has a visa number immediately available, or if they are subject to the numerical limitations and must wait for a priority date to become current in order to immigrate.

PRACTICE POINTERS (but beyond the scope of this discussion): With respect to whether a priority date is current, do not forget to assess your client’s eligibility for the following:
	1. A Western Hemisphere Priority date
	2. Under the Child Status Protection Act (when age-out issues arise)
	3. For cross-chargeability
	4. For INA §245(i) grandfathering (see discussion of adjustment of status)

II.	The Qualifying Relationships

United States citizens may file an I-130 for their spouse, unmarried child under the age of 21, unmarried son or daughter age 21 or older, married son or daughter of any age, brother or sister (citizen must be 21 years of age or older), or a parent (citizen must be 21 years of age or older).  Spouses, unmarried children under the age of 21, and parents qualify as immediate relatives, while the other qualifying relationships are subject to the numerical limitations.

Lawful permanent residents may file an I-130 for their spouse, unmarried child under the age of 21, and unmarried son or daughter age 21 or older.  All qualifying relationships with a lawful permanent resident are subject to the numerical limitations.

PRACTICE POINTER: Do not forget about derivative beneficiaries.  Derivative beneficiaries are (a) the spouse or (b) unmarried, under 21-year old child of a preference category principal beneficiary.  Immediate relatives do not have derivative beneficiaries.  If a principal’s child turns 21 prior to completing the immigration process, he or she will “age out” of eligibility and will not be eligible to immigrate with the principal on his or her I-130.

III.	Documents That Prove United States Citizenship

Persons born in the United States should provide a copy of their birth certificate issued by a civil registrar, vital statistics office or other civil authority.  In recent years, the USCIS has scrutinized delayed-issued birth certificates and births registered by midwives.  

PRACTICE POINTER: In delayed-issued birth certificate cases, it is advisable to also include church records that show a rite that occurred within two months of birth, early school records, census records, and/or affidavits from persons with personal knowledge of the birth.  Whenever possible, persons with such birth certificates should also include a copy of the biographical page of their unexpired United States passport.  

Persons born abroad or who have successfully asserted a claim to United States citizenship should provide copies of any naturalization certificates, certificates of citizenship issued by the USCIS or the former INS, or Form FS-240 Report of Birth of Abroad of a Citizen issued by an American Embassy or Consulate.  In the alternative, an original statement from a consular officer verifying that the petitioner is a United States citizen with a valid passport should be submitted.

IV.	Documents That Prove Lawful Permanent Residence

Lawful permanent residents should provide a copy of the front and back of their permanent residence card.  If the card has not yet been received, provide copies of the biographical page of the resident’s passport along with a copy of the I-551 stamp issued by the USCIS or a Consulate.

V.	Documents That Prove A Qualifying Relationship

A.	Spouse

The primary document that proves a relationship between two spouses is the marriage certificate, but the bona fides of the relationship must also be established.  Documents that establish the bona fides of the relationship include deeds to property that is jointly owned, lease agreements for a joint tenancy, bank statements or other financial documents showing a co-mingling of financial resources, birth certificates of children born to the marriage, or affidavits from persons with personal knowledge of the bona fides of the relationship.

The government, however, may not require that the couple be co-habitating or that they spend a certain amount of time together.  The bona fides of the relationship are sufficiently proven once the couple is able to demonstrate that they intend on establishing a life together.  See Matter of McKee, 17 I&N Dec. 332 (BIA 1980).  Both the Sixth and Ninth Circuit Courts of Appeals have held that this determination can be made by looking at the actions of the parties after they were married, such as whether they commingled funds in a joint banking account, filed joint tax returns, purchased assets under both of their names, or assumed joint liabilities.  See El-Hadi v. INS, 1999 US App. LEXIS 25549 (6th Cir. 1999)(unpublished opinion); see also Bark v. INS, 511 F.2d 1200 (9th Cir. 1975)(holding that “any attempt to regulate [a couples’] lifestyle, such as prescribing the amount of time they must spend together, or designating the manner in which either partner elects to spend his or her time, in the guise of specifying the requirements of a bona fide marriage would raise serious constitutional questions”).

Notably, the Board in Matter of Zeleniak, 26 I&N Dec. 158 (BIA 2013), made clear that I-130 Petitions filed on the basis of same-sex marriages should be subject to the same requirements as I-130 Petitions filed on the basis of heterosexual marriages.  Accordingly, the same-sex couple must show they were validly married under the laws of a particular state, and that their marriage is bona fide, as discussed above.

B.	Child

If the petitioner is the mother, she should submit a copy of the child’s birth certificate showing her and the child’s name, regardless of whether the child was born in wedlock.  If the petitioner is the father and the child was born in wedlock, he should submit a copy of the child’s birth certificate that shows both parents’ names and his marriage certificate.  If the child was born out of wedlock and was not legitimated before his or her 18th birthday, the father should file evidence that a bona fide parent-child relationship existed between the father and child before the child turned 21.  Such evidence may include proof that the father lived with the child, supported him or her financially, or that the father showed a continuing parental interest in the child’s welfare.

PRACTICE POINTER:  Establishing a parent-child relationship will sometimes necessitate the use of DNA evidence, such as when the parents are not married or a parent’s name is not on the birth certificate.  DNA testing can only be recommended and not required.  The government cannot recommend DNA testing as an attempt to disprove a relationship.  It should be noted that in I-130 petitions where the qualifying relationship is based solely on DNA evidence, the USCIS has exclusive jurisdiction.  Consular officers must forward such cases to the USCIS for adjudication.  All DNA collections must be taken by lab technicians employed by the Embassy or Consulate’s panel physician and must be witnessed by a Consular officer or American citizen employee of the Consulate that has a national security clearance.

C.	Siblings

Siblings should submit a copy of each of their birth certificates showing that they have at least one common parent.  If the siblings have a common father but different mothers, then they must also include copies of the marriage certificates of the father to each mother along with any relevant divorce decrees.  Relations through a step-parent or siblings who have not been legitimated will be discussed below.

D.	Parents

The primary documents to establish a relationship between a United States citizen and their mother is a birth certificate with the citizen’s name and the mother’s name.  To establish a relationship with a father, the citizen son or daughter should submit a birth certificate showing both parents’ names.  It is also advisable to submit copies of any marriage certificate that establish that the citizen’s father was married to the citizen’s mother before the citizen’s birth.  Citizens who are sponsoring their adoptive parents should include a copy of the adoption decree and may not sponsor their natural parents after having immigrated.

	E.	Stepparent/Stepchild

A stepparent-stepchild relationship is established with a copy of the marriage certificate of the stepparent to the child’s natural parent showing that the marriage occurred before the child’s 18th birthday.  The stepchild’s birth certificate showing the natural parent’s name should also be submitted along with any relevant divorce decrees of either the natural or stepparent.

F.	Adoptive Parent or Adopted Child

Relationships based on adoption must include a copy of the adoption decree showing that the adoption occurred before the child’s 16th birthday.  If the sibling of a child already adopted is also adopted, then the decree must show that the adoption occurred prior to the child’s 18th birthday.  In either scenario, the petitioner must also submit evidence that each child was in the legal custody of and resided with the adoptive parents for at least two years before or after the adoption.

VI.	Filing The Form I-130

There are two separate ways to file an I-130.  The first way, to file an I-130 by itself, is called a “stand-alone” filing.  Situations that qualify for stand-alone filing are:

	1.	 A US citizen is married to a foreign national who intends to go through consular processing;
	2.	The petitioner files for a beneficiary in a preference category where visa numbers are not available (i.e. brother or sister), thus an immigrant visa is not immediately available; or 
	3.	A US citizen marries a foreign national who is in removal proceedings.

The other way to file an I-130 is in a concurrent filing with Form I-485, Application for Adjustment of status.  This will be covered in greater detail in our discussion of adjustment of status and the I-485.   

Supporting documents for the I-130 vary depending on the type of relationship between the petitioner and the beneficiary of the I-130.   

PRACTICE POINTER:  The USCIS website, www.uscis.gov, and is a good source for information on filing an I-130.  In general, the documents required for an I-130 are as follows:

	1.	Signed G-28 from the petitioner and beneficiary;
	2.	Proof that the petitioner is a Permanent Resident or US Citizen (as noted above);
	3.	Proof of the relationship between the petitioner and beneficiary (as noted above);
4.	Passport-style photographs (one each) of the petitioner and beneficiary for a spousal I-130 filing.  When doing a concurrent filing the beneficiary would have to submit four photos (one of petitioner and one of beneficiary for the I-130 and another two of beneficiary for the I-485);
	5.	PRACTICE POINTER:  If the beneficiary is in Removal proceedings, you must submit a Written Request for Exemption signed by the petitioner with accompanying documents showing the bona-fides of the marriage and the reason why the beneficiary was placed in Removal proceedings; and
	6.	USCIS filing fee is $420.00.  Make a check payable from your Trust Account to the US Department of Homeland Security, or the client can purchase a money order.

The address where you file the I-130 is dependent on the type of I-130 you are filing and where the petitioner lives.  Stand-alone I-130 filings are sent to the following addresses:
	
Petitioners who reside in Alaska, American Samoa, Arizona, California, Colorado, Florida, Guam, Hawaii, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Northern Mariana Islands, Oklahoma, Oregon, Puerto Rico, South Dakota, Texas, Utah, Virgin Islands, Washington, or Wyoming should file their stand-alone I-130 with the USCIS Phoenix Lockbox Facility using the following address:

Regular Mail:	USCIS	Express Mail/Courier:	USCIS
	Attn:  I-130	Attn:  I-130
	P.O. Box 21700		1820 E. Skyharbor Cir. S.
	Phoenix, AZ 85036		Suite 100
		Phoenix, AZ 85034

Petitioners who reside in Alabama, Arkansas, Connecticut, Delaware, Georgia, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, Washington, D.C., West Virginia, Wisconsin or at an international address should file their stand-alone I-130 with the USCIS Chicago Lockbox using the following address:

Regular Mail:	USCIS	Express Mail/Courier:	USCIS		
	Attn:  I-130		Attn:  I-130
	P.O. Box 804625	131 S. Dearborn 3rd Floor
	Chicago, IL 60680-4107	Chicago, IL 60603-5517

VII.	What Does An I-130 Approval Mean?

After approval, if the I-130 is an immediate relative petition (i.e. no immigrant visa cap) or the approved visa’s priority date is now current (i.e. the beneficiary now has an immigrant visa available), then the beneficiary either goes through consular processing or files for adjustment of status.  The I-130 filing, alone, offers little to no benefit as it will not provide protection from removal, it does not allow the beneficiary to travel outside the United States, or to work.1

After the I-130 has been approved, USCIS may revoke an approved petition.  8 CFR § 205.1.  Automatic revocation can take place in a variety of circumstances.  For example:
	1. When the petitioner or the beneficiary dies.  
PRACTICE POINTER: In the situation where the petitioner dies, if the petitioner was a USC filing for a spouse, then the beneficiary may qualify for a widow/widower petition.  
PRACTICE POINTER: After the I-130 has been approved, CIS may reinstate the I-130 for humanitarian purposes.  
2. Another example of automatic revocation is in the context of a spousal petition, when the marriage is terminated through a final divorce decree.  
PRACTICE POINTER: There may be an exception for battered spouses or children. 
	3. Just as common is when the son or daughter of an LPR marries.  
4. If an LPR petitioner loses his or her LPR status, the I-130 is automatically revoked.
5. When a beneficiary concludes or fails to pursue consular processing, the I-130 will be returned to a Service Center for revocation.

VIII.	An I-130 In Removal proceedings:  For Better Or For Worse?

General Issues:
Removal proceedings:  higher standard; requires clear and convincing evidence that marriage is bona fide.  Written exemption required.  See INA §§ 204(g), 245(e), 8 CFR 204.2 (a)(1)(iii)(A).  Approval does not mean automatic stay of removal proceedings.  

Marriage fraud bars approval of any future petitions.  See INA §204(c).

Who adjudicates the I-130?
I-130 Family Petitions are adjudicated by USCIS.  When the marriage occurs after the Notice to Appear (NTA) has been issued, USCIS will require an interview prior to adjudication.  The Immigration Courts and the Board of Immigration Appeals have no jurisdiction to adjudicate an I-130, even during the course of removal proceedings.  They do, however, have the ability to adjudicate the I-485 Adjustment of status application, which may result from the approved I-130.

How can I expedite my I-130 now that I am in proceedings?
-If your I-130 is filed with a Service Center, request immediate transfer to your local District Office for interview and adjudication. 
-Ask the Assistant Chief Counsel to transfer the file to USCIS adjudications for an interview.

But, I need a Continuance.  When was Respondent Married?
-Make sure that if your client has been served with an NTA and she subsequently files an I-130 petition, that you check “yes” to question 16 on page one of the petition.
-Immigration Judge will not always grant a continuance if the petition is not for an immediate relative and the petition is not yet current.
-If Respondent has an I-130 denied, the Immigration Judge can deny a continuance based on USCIS’s previous finding of lack of bona fides.

PRACTICE POINTER:   If you believe USCIS did not properly adjudicate the I-130, file an appeal of the I-130 denial directly with the BIA and file a new I-130 petition while finding some other way of legally keeping your client in the United States.

The BIA in Matter of Hashmi, 24 I&N Dec. 785 (BIA 2009) outlined 5 factors to be considered by the Immigration Judge when deciding a motion for continuance on the basis of a pending I-130:
	1. DHS’s position on the Motion;
	2. Whether the visa petition is prima facie approvable;
	3. Respondent’s statutory eligibility for adjustment of status;
4. Whether Respondent’s adjustment of status application merits a favorable exercise of discretion; and
	5. Reason for the continuance and any other relevant procedural factors.

Oftentimes, a hearing is held for the Court to consider these factors, particularly whether the Respondent has a bona fide marriage.

-Matter of Garcia, 16 I&N Dec. 653, 657 (BIA 1978) provides that motions for continuance should, “…as a general rule, be favorably exercised where a prima facie approvable visa petition and adjustment application have been submitted in the course of a deportation hearing or upon a motion to reopen.”  

-Matter of Velarde-Pacheco, 23 I&N Dec. 253 (BIA 2002) allows for a motion to reopen to allow a respondent to adjust status, even if the marriage took place after proceedings were initiated, provided certain requirements are met.  

Be Prepared for I-130 interview during proceedings.
-Make sure your client is well prepared for interview.
-Higher scrutiny on cases where marriage was entered into after proceedings commenced (i.e. after NTA was issued), based on the Marriage Fraud Act.
-Provide as much documentary evidence as possible.
-Explain the concept of a Stokes interview (petitioner and beneficiary of marriage-based I-130 questioned separately and extensively) so clients know what to expect. 

Other I-130 Practice Pointers:  
-A lawful permanent resident returning from abroad seeking a waiver [of inadmissibility] does not require readjustment, and therefore can do a “stand-alone” waiver.  Matter of Abosi, 24 I&N Dec. 204 (BIA 2007).
-Cannot use an approved I-130 petition more than once to gain residency, so you might have to file a new I-130 (even if the same Petitioner and Beneficiary).  Matter of Villarreal-Zuniga, 23 I & N Dec. 886 (BIA 2006).

After I-130 Approval, Adjustment of status

As discussed above, approval of an I-130 Petition does not mean lawful permanent residence.  An approved, current I-130 Petition does, however, provide the basis upon which an individual can obtain lawful permanent residency.  There are generally two ways an individual can legalize:   consular processing or adjustment of status.  This article will focus mainly on applying for adjustment of status, and consular processing will be explained in brief.

 I.	Adjustment Of Status

Adjustment of status is generally preferred by most individuals because legal residency can be obtained without leaving the United States, and applicants for adjustment of status may obtain employment authorization.  Only certain persons, however, are eligible for adjustment of status, as set forth in INA § 245 and its implementing regulation at 8 CFR § 1245.1.

Generally, a noncitizen can only adjust their status to that of a lawful permanent resident if he or she:

1.	has been inspected and admitted or paroled into the United States, 
2.	is eligible to receive an immigrant visa and such visa is immediately available, and 
3.	is not inadmissible to the United States.  

	A.	Inspected And Admitted Or Paroled

Generally, only those persons present in the United States by virtue of a legal entry may adjust their status.  A lawful entry can be proved in different ways, depending how the person was inspected or admitted at a port of entry, and what evidence of the entry is available.

The strongest evidence proving a lawful entry is an applicant’s I-94 card, completed by him or her at a port of entry, and stamped/signed by the admitting immigration officer.  Copies of these documents should always be included in the adjustment of status packet, and the original versions should be brought to the USCIS interview.  

Recently CBP began issuing electronic I-94s to persons admitted to the United States, so either a copy of the paper I-94 or a printout of the electronic document retrieved from CBP’s website will suffice.   

PRACTICE POINTER:  If a client has lost their I-94, a copy of the document can be requested from USCIS by filing a Form I-102, along with the relevant filing fee.  

Evidence of a lawful entry would also include an admission stamp on an applicant’s passport, by itself or in conjunction with an I-94.

If an applicant entered using a Border Crossing Card, he or she may not have been issued an I-94. Sometimes a Border Crossing Card alone, valid during the time of the claimed entry, is sufficient to prove the entry’s legality.  In other instances, secondary evidence may be required.  

PRACTICE POINTER:  An applicant’s admission is deemed lawful so long as the entry contained “procedural regularity.”  See Matter of Quilantan, 25 I&N Dec. 285 (BIA 2010). 

	B.	Eligible To Receive An Immigrant Visa, And Visa Must Be Immediately 
		Available

As discussed above, certain I-130 Petitions are not subject to the numerical limitations.  Thus, when an I-130 Petition filed on behalf of an immediate relative is approved an immigrant visa becomes immediately available, and the beneficiary can adjust status.  Those I-130 petitions and I-485 applications for adjustment of status are thus concurrently filed.

For a beneficiary whose petition falls subject to the numerical limitations approval is not synonymous with visa availability; those persons must wait until their I-130 Petitions become current in the Visa Bulletin. Only then do their visas become immediately available and they can adjust status. 

	C.	Not Inadmissible To The United States 

An individual may only adjust status if he or she does not fall subject to any of the grounds of inadmissibility included at INA § 212.  Any number of factors may render a person inadmissible, including certain criminal convictions, false claims to US citizenship, or aiding or abetting alien smuggling.  Some grounds of inadmissibility include exceptions, or may contain a waiver provision. These waivers, if the person is eligible and if the waiver is ultimately granted, would waive the applicable ground of inadmissibility and permit the individual to adjust status.  Discussing all of the various types of waivers is beyond the scope of this article, but will be covered by other presentations at this conference.  

There is also a specific list of persons who are ineligible for adjustment of status at 8 CFR §§ 245.1, 1245.1.  Some of those aliens are deemed “restricted,” however, and may still be eligible to apply for adjustment of status under INA § 245(i) (see below for more detail).    

Generally, applicants who overstay their nonimmigrant visas or who have worked without employment authorization are ineligible for adjustment of status. The exception is immediate relatives; these requirements do not apply to them.  See 8 CFR §§ 245.1(b)(10); 1245.1(b)(10).  

	D.	Matter Of Discretion

Bear in mind that adjustment of status is a discretionary benefit.  If adverse factors are present, it would be prudent to include with the application evidence of the applicant’s positive equities.  The Board held in Matter of Arai, 13 I&N Dec. 494 (BIA 1970), that absent any adverse factors adjustment should ordinarily be granted, but still as a matter of discretion.  

PRACTICE POINTER:  If the applicant is adjusting status before the Immigration Judge, it is always a good idea to include positive discretionary evidence, and to prepare the applicant for cross examination on his positive and negative factors. 

	E.	245(i) Adjustment Of Status

Section 245(i) allows certain persons, who have an immigrant visa immediately available but entered illegally or otherwise violated their status, to apply for adjustment if they pay a $1,000 penalty.  Use of Section 245(i) was previously limited to eligible individuals who were the beneficiary of an I-130 petition filed on or before January 14, 1998.  With the LIFE Act, this cut-off date was extended until on or before April 30, 2001.  Applicants who are the beneficiaries of visa petitions filed between January 14, 1998 and on or before April 30, 2001 must include with their applications proof of presence in the United States on December 21, 2000.  Aliens eligible for adjustment under INA § 245(i) are referred to as “grandfathered aliens.”  8 CFR § 1245.10 generally sets forth the requirements for 245(i) grandfathering.     

PRACTICE POINTER:  Remember derivatives!  Derivative beneficiaries of these petitions also qualify as grandfathered aliens.

PRACTICE POINTER:  245(i) assists those persons who, among other things, entered the United States unlawfully.  Bear in mind that it does not waive unlawful presence under INA §§ 212(a)(9)(B)(i)(II) or 212(a)(9)(C)(i)(I).  See Matter of Lemus Losa, 25 I&N Dec. 734 (BIA 2012); Matter of Briones, 24 I&N Dec. 355, 360-62 (BIA 2007).

F.	Consular Processing

Note that, if an applicant is ineligible to adjust status pursuant to INA § 245(a) or 245(i), oftentimes that individual can still legalize by consular processing. With consular processing, the approved I-130 Petition is forwarded to the National Visa Center, and eventually the US consulate abroad in the applicant’s home country.  The applicant obtains his or her green card after attending an immigrant visa interview at the consulate.  In many cases, individuals who obtain their residency by consular processing are those who entered the United States unlawfully (and do not qualify for 245(i) adjustment) and are currently here. Thus, oftentimes a waiver of unlawful presence is required. The two different types of unlawful presence waivers, the provisional waiver or the traditional waiver of unlawful presence, will be discussed during another session of this conference. 

	G.	Applying For Adjustment Of Status 

		1.	Who Has Jurisdiction? 

With the I-130, USCIS always has jurisdiction. With the I-485, either USCIS or the Immigration Judge may have jurisdiction, depending upon the procedural posture of the case.

If the applicant has not been placed into removal proceedings, USCIS has jurisdiction over his or her application for adjustment of status.  If the applicant has been placed into removal proceedings, then jurisdiction rests with the Immigration Judge.  

		2.	Applying For Adjustment Of Status Before USCIS

As discussed above, immediate relatives may file their I-130 Petitions and I-485 Applications for Adjustment of status concurrently with USCIS.  These filing packages would generally include what is in the I-130 discussion above, along with:

•	Form I-485 Application for Adjustment of status;
•	Supplement A to Form I-485 (if applying under Section 245(i));
•	Forms G325A Biographic Information;
•	Passport photos (see I-130 discussion above);
•	Form I-864 Affidavit of Support;  
•	Proof of applicant’s lawful entry;
•	Copies of birth certificates (to prove citizenship and/or family relationship);
•	Photo identification for applicant;
•	Form I-765 Application for Employment Authorization, if the applicant wishes to apply; and
•	Relevant filing fee, amount which is posted and updated on USCIS’s website. 

I-130 petitions concurrently filed with I-485 applications are submitted to the National Benefits Center lockbox at the following address:

		USCIS
	P.O. Box 805887
	Chicago, IL 60680-4120

These filings are processed by government contractors.  Your filing should be sent by either Certified or Express mail.  Any courier or express delivery should use the following address:

	USCIS 
	ATTN: FBAS
	131 South Dearborn-3rd Floor
	Chicago, IL 60603-5517

Any and all other addresses for other variations of filings are provided on USCIS’s website. 

		3.	Filing With The Immigration Judge 

Under those circumstances the Form I-485, along with the filing fee receipt, is filed with the Immigration Court along with all of the items listed above, excluding the Form I-765. The Immigration Judge will only consider an applicant’s application for adjustment of status if the Court has been provided with an Approval Notice for the underlying I-130 Petition. As stated above, preparing your client for cross examination, in addition to providing positive discretionary evidence, would be prudent when he or she is applying for adjustment before the Immigration Judge.  

Conclusion

A final note—whenever you prepare a Form I-130 and/or Form I-485 for a client, be sure to have all of the facts and supporting documents.  As with any type of immigration application, make sure you have researched all of the potential ethical issues associated with the case, so that you feel comfortable moving forward. Finally, below please find tips for filing with USCIS, as pulled from the website. 

Tips for Filing Forms with USCIS
Please read and follow the form filing instructions. Form fees, eligibility requirements, fee waiver eligibility, required documents, and mailing addresses vary depending on the form you are filing and why you are filing. These tips will help ensure USCIS accepts your application package and forwards your case to a field office or service center for processing. 
•	Our forms are available for free download in our forms section or by calling 1-800-870-3676. Never pay for a blank USCIS form.
Complete the Form Completely and Accurately:
•	Use the most current form version.
•	When possible, download the form from our website and complete it with a computer.
•	If you hand write your answers, use black ink. Make sure your entries are neat, legible, and within the space provided.
•	We use special scanners to read your forms and documents. The scanners will not properly read information that is greyed out, highlighted or corrected using correction fluid or tape.
•	If you make an error, start over with a clean form.
•	Complete the entire form; all forms have required fields (in the newer forms on our website, they are outlined in red).  When these fields are left blank, we will return your form for corrections. 
Submit Required Documents and Evidence:
•	Submit the documents or evidence listed in the form instructions.
•	Supporting documents must be in English or accompanied by an English translation.
•	Submit copies unless original documents are requested.  If you send an original document with your form, it will become part of the record and will not be returned to you automatically. 
Check Your Application:
To ensure your form is accepted for processing:
•	Sign the form.
•	Pay the correct fee.
•	Answer all questions completely and accurately.
•	If filing multiple forms, write your name and date of birth EXACTLY the same way on each form.
•	Mail the form(s) to the correct address.
Common Questions:
How do I know when the Lockbox facility has accepted my form? 
•	We will send you an e-Notification if you complete Form G-1145 and clip it to the front of your application package.
•	In all cases, we will mail you a Form, I-797C, Notice of Action, receipt notice that shows your receipt number and the office processing your case. 
Where can I get information about fee waivers? 
•	Please reference our Fee Waiver Guidance and Form I-912, Request for Fee Waiver. 
I filed my application at a Lockbox facility over 10 days ago and have not received a receipt notice.  Who should I contact? 
•	Email us at Lockboxsupport@dhs.gov. Include the form number, receipt number (if known), applicant name and mailing address.  Do NOT include  A-numbers or social security numbers in e-mails; or
•	Call the National Customer Service Center at (800) 375-5283. 
I don’t understand why the Lockbox facility rejected my application.  Who can help me? 
•	We encourage you to contact us by email before you re-file at Lockboxsupport@dhs.gov. Include the form number, receipt number, applicant name and mailing address.  Do NOT include A-numbers or social security numbers in e-mails. 
Where can I get general information about forms and filing instructions? 
•	Check www.uscis.gov.
•	Call the National Customer Service Center at (800) 375-5283.
•	Use the InfoPass system to make an appointment at your local office. 
How do I check my case status? 
•	Use Case Status Online to check the status of your case.  You will need your receipt number.
•	Call the National Customer Service Center at (800) 375-5283. 
How do I request a refund? 
•	Call the National Customer Service Center at (800) 375-5283; or
•	Write to the USCIS service center or field office processing your case. 
•	Do not contact a Lockbox facility about a refund. 
How do I withdraw an application or petition? 
•	Write to the USCIS service center or field office processing your case. 
•	Do not send your request to a Lockbox facility. 
Where do I send a response to a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID)? 
•	Send your response to the office that requested the information, which is usually the service center or field office processing your case. 
•	Never send these items to a Lockbox facility – you may miss important response deadlines by sending your response to the wrong location. 
How do I change my address? 
•	Change your address online or
•	Mail Form AR-11, Change of Address to:
U.S Department of Homeland Security
Citizenship and Immigration Services
Attn: Change of Address
1344 Pleasants Drive
Harrisonburg, VA 22801
I mailed my application to the wrong location.  Will you forward it?
We will forward most applications to the correct location.   If we are unable to forward your application, we will return it to you to re-file.
Will USCIS accept forms that are missing information as long as the basic information is completed?
Each form has certain fields that are required to process our business rules, calculate the correct fee, and determine your reason for filing.  If you complete the required fields, submit the required initial evidence, sign your form, and pay the correct fee, we will accept your application.  However, even if information is not required to initially accept your form, missing information could delay the adjudication process. It is important that you complete the entire form and submit the initial evidence listed in the form instructions.
Should I assemble my application package documents in a specific order?
The Lockbox service provider will sort your application in the correct processing order; however, we recommend assembling your package as follows:
•	Check or money order
•	Form G-1145, Request for e-Notification (if applicable)
•	Form G-28 (if applicable)
•	Form being filed
•	Supporting documentation
If an application is rejected, will you return it to the attorney or applicant?
If the application was filed with a valid Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, we will return it to the attorney and send a rejection notice to both the attorney and the applicant.  If not, only the applicant will receive the rejected application and notice.