Preparing Your Application for Filing
Dec 23rd 2002, 1:01 am
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Preparing Your Application for Filing
Preparing Your Application for Filing:
The Center makes every effort to process each application/petition without returning it for further information. Better-prepared applications/petitions take less time to process and speed general processing and thereby enhance service.
Filling Out the Form:
The easier it is to read the information on the form the faster the data can be entered. If data cannot be typed, use a dark colored ink pen to print clearly. Do not use lead pencils. They are too light, smear, and are hard to read.
Pictures:
If pictures are required for an application, please place them in a separate envelope and attach the envelope to the relating application. Do not staple photographs to applications. Stapling photographs directly to the form often results in the photo being unuseable, causing delay while new photos are requested. Please be sure to send the correct number of pictures. Pictures must be in color.
Other Small Items/Attachments:
If small items or documents are being submitted, place them in an envelope. A list of the contents should be written clearly on the outside of the envelope.
Tape Three Sides, But Not Four:
To the extent possible, please avoid using strapping tape on all four sides of an envelope (if you can, please leave one side free of tape). While using this tape may add some protection against harm while it is in transit, it does make the package difficult to open when it arrives.
Notices of Appearance – Form G-28:
Attorneys and other approved representatives of applicants/petitioners must file a Form G-28, Notice of Appearance. The G-28 must be properly completed and signed by the affected party. The term "affected party" refers to the petitioner or the applicant depending on the type of request. The signed G-28 should be stapled to the top of the form being filed. If multiple applications are submitted for other family members or for different applicants/petitioners, make sure that a separate G-28 is submitted for each affected party. To minimize the potential for error, the G-28 should be attached to each and every application and petition filed.
Cover Letters:
Attorneys may wish to submit a cover letter outlining the benefit sought, and identifying the attached supporting evidence. This can be very useful to the adjudicating officer, especially if the wrong block is checked off on a visa petition. Visa petitions are frequently rejected and occasionally denied because the petitioner appears to be filing for a benefit not authorized by law, i.e., a lawful permanent resident petitioning for a sibling. It should not be assumed that the adjudicating officer will instantly recognize the merits of the case or that she/he will automatically understand the entire request unless you provide a clear explanation of the benefits/actions sought.
Complete All Information:
Please be careful that forms are complete. We prefer not to speculate why a particular question was not answered. The response "none" is preferable to a blank space.
Keep a Copy:
You should make a copy of your submission to ensure that you can quickly submit a duplicate if the original is lost or if you need to bring an error to INS’ attention.
Assembling the Package:
Also see: General Tips on Assembling Applications for Mailing.
For most forms, your application package should be assembled in the following order:
Fee payment
Form G-28 (if applicable)
Application or petition with photos in attached envelope (if applicable)
G-325A (if applicable)
Other evidence
Supporting documentation
NOTE: Please assemble all fee payments on the top of each and every case, whether or not the case is filed with one fee payment or multiple fee payments. When multiple applications are simultaneously filed (such as an I-485, I-765, I-131, and I-824) place all checks together on the top left of the I-485.
Assembly Order for All Forms (except the I-129, I-485 and the N-400): please assemble the following applications as specified above:
I-90 I-102
I-129F I-130
I-131 I-140
I-212 I-290
I-360 I-526
I-539 I-589
I-612 I-690
I-694 I-695
I-698 I-724
I-730 I-751
I-765 I-817
I-821 I-824
I-864 Motion
Assembly Order for Forms I-129, I-485, and N-400: Use the more specialized assembly order below:
I-129
Fee payment
Form G-28, if applicable
Form I-129
Form I-129 Supplement, if applicable
Form I-539
Other evidence
Supporting documentation
I-485
Fee payment
Form G-28, if applicable
Form I-485 with two photos attached
Form I-485 Supplement, if applicable
Form I-864, if applicable
Form I-131 and/or form I-765
G-325A
Other evidence
Supporting documentation
N-400
Fee payment
Form N-400 with two photos attached
Form G-28, if applicable
Copy of front and back of I-551 (Permanent Resident) card
Other evidence
Supporting documentation
Paying Fees:
PLEASE DO NOT SEND CASH. The Service Center will accept money orders, personal checks, and cashiers checks for payment of fees. The Service Center cannot deposit cash. Be sure checks are signed and correctly dated. Post-dated checks are acceptable as long as the date on the check is no more than 5 days in advance of the date the check is received.
Place the check on top of the application, securely fastened in the upper left corner. If more than one application is filed, submit a separate check for each. This will avoid the necessity of returning ALL applications should just one be found to be unacceptable. Place all the checks on the top application.
Your Receipt:
After filing your application and paying your fees, you will receive a receipt number. These receipt numbers are very important. Please use these numbers whenever you write to us about your case, and whenever you contact us to find out about the status of your case.
The numbering system used on receipts has significance.
For most applications filed at a Service Center, your receipt may look like this: LIN 99 001 50001. In this example, the LIN represents the Nebraska Service Center, where the application was initially received into the electronic system. Cases that are filed at or received by another Service Center but processed at the NSC will generally carry the designation of the originating Service Center:
LIN = Lincoln, Nebraska or NSC
EAC = St. Albans, Vermont or VSC
SRC= Dallas, Texas or TSC
WAC= Laguna Niguel, California or CSC
In the example above:
The 99 represents the fiscal year (October 1, through September 30) in which the case was received.
The 001 represents the computer workday in the fiscal year on which the fee was taken.
The 50001 represents the particular case number.
For cases with particular case numbers starting with a 5, electronic case status information is available (see Finding the Status of Your Case, below). For cases with particular case numbers starting with a 0, you must write to request the status of your case.
For Naturalization cases (currently only N-400s), a different structure and process is used.
The application receipt number (for example: LIN*00006) is the case/receipt number. This is strictly sequential and does not change with the fiscal year. This is the number to refer to when seeking information regarding this case.
How We Process Your Application at a Service Center:
Normal Processing:
The first step is the receipt of mail. Mail is generally opened within twenty-four hours of receipt. The majority of mail arrives on Monday (40%) and Friday (20%). The other three days of the week share an equal amount of mail. Because of the volume of mail arriving on the two busiest days, sending a case via express mail to arrive on either of those days does not ensure faster processing. The lower volumes of mail arriving on Tuesdays means that the mail is usually opened by Tuesday evening.
Applications are stamped with the time and date of physical receipt, not the time and date they are actually opened. Mail with fees enclosed is routed immediately to mail assembly. Cases that are filed prematurely (before the applicant was eligible or met the legal criteria) or that were filed on an outdated form are prepared for manual rejection at this point. Cases lacking proper signature or correct fee are identified for system rejection.
Mail without a fee enclosed is considered correspondence and is sorted by type, if the appropriate destination can be quickly determined. If mailroom personnel are unsure as to the routing, the material is sent to the Customer Contact Services unit where it is read and either responded to or routed to the appropriate division for action.
Properly filed cases and cases flagged for system rejections are then forwarded to the Data Entry unit. In the Data Entry unit, information is keyed into the INS computer system and fees processed.
The Data Entry unit collects the appropriate fee or when necessary, rejects the case if the fee is incorrect or the form is not signed. If a case is not clearly acceptable, it is immediately passed to our Case Resolution unit for review. If they are unable to overcome the obstacle to processing, the case is returned to the applicant/petitioner for correction. Receipt or rejection notices are generated during Data Entry and mailed no later than the next morning.
Fee receipts are printed and mailed after the electronic record is created. This means the date on the fee receipt may be different from the date the mail was received for priority date purposes.
Once the fee has been properly receipted and the electronic records created, cases are routed to the Work Distribution unit to await a call for work by the Product Line or Field Office.
If the application will be adjudicated at the Service Center, an Adjudications Officer will review the case; the appropriate data (including cable requests) will be noted on a processing sheet and forwarded with the application/petition to the clerical section. The system is then updated, and the completed application or petition is sent to the file room, consulate or other appropriate office, and original documents are returned as required.
The Center makes every effort to process each application/petition without returning it for further information. Applications that are well prepared take less time to process, thereby facilitating faster processing of all cases. Therefore, to help applicants better prepare cases and applications before sending them to us, please refer to our General Tips on Assembling Applications for Mailing. Following these procedures will help us to serve applicants better and faster.
Requests for Evidence (RFEs):
When an application or petition is not immediately adjudicable, a request for additional evidence or other documentation is generated. The applicant/petitioner has 12 weeks to respond. During that time, s/he may:
Submit all of the requested evidence,
Submit some or none of the requested evidence and ask for a decision based upon the record, or
Withdraw the application or petition.
If a correction is needed to the petition or application, a photocopy of the form will be included with the request for evidence. The correction can be made on the photocopy and then will be included in the formal INS file of your case.
NO extension of this twelve-week response time is possible. Please also note that NO interim benefits will be granted during the time waiting for additional evidence to be submitted. If a response is not received within the time limit, the case will be considered abandoned and denied; the denial may not be appealed. NOTE: IT IS EXTREMELY IMPORTANT THAT THE LETTER REQUESTING EVIDENCE BE RETURNED WITH THE EVIDENCE AND THAT THE SPECIAL MAILING ENVELOPE PROVIDED BE USED. FAILURE TO DO SO WILL DELAY PROCESSING OF THE CASE AND MAY RESULT IN A DENIAL DUE TO ABANDONMENT. Evidence submitted without the letter and/or proper return mailing envelope will be difficult to match up with the pending case and may be treated as general correspondence.
Motions to Reopen (MTR):
A Motion to Reopen a case denied due to abandonment may be filed if one of the following is demonstrated:
The requested evidence was not material to the issue of eligibility;
The required evidence was submitted with the application or petition or the request for evidence was complied with during the time allowed; or
The request for evidence was sent to an incorrect address and the INS was notified of a change of address before the request was sent.
As with appeals, any Motion to Reopen or reconsider must now be filed within 30 days of the date of the denial.
Denials:
If the Center Adjudications Officer finds that a case should be denied, the denial is written and forwarded to the Clerical unit for printing. The printed denial is then given to the supervisor for review and then returned to the Clerical unit for updating and mailing. In the case of a denial, all material is usually retained in the file.
Denials (other than Legalization/SAW cases) are held in the Records Division of the Center until the time limit for filing an appeal has been reached. Material clearly marked as an appeal will be directly routed to the Records Division to be connected to the appropriate file and then forwarded to the Adjudications Division for processing. Legalization/SAW denials are held in the Legalization records area. Clearly marking the material as an appeal will expedite the time it takes to get the material to the Adjudications Division.
If any evidence and/or argument submitted with an appeal overcomes the grounds of the denial, the case will be treated as a Motion to Reopen and the application/petition will be approved, without forwarding the case to the Administrative Appeals unit, the Legalization Appeals unit or the Board of Immigration Appeals.
Quality Assurance Review:
All adjudications at a Service Center undergo a quality assurance review. This review seeks to ensure that the decision made by the officer is correct and complete, that proper procedures have been followed, and that quality standards have been met.
REQUIREMENTS FOR MAKING FOIA/PA REQUESTS TO INS SERVICE CENTER FOIA/PA UNITS
Request must be submitted in writing to the Service Center FOIA/PA unit. The INS Form G-639, Freedom of Information/Privacy Act Request is preferred and recommended for rapid identification and to ensure expeditious handling.
Every attorney representing a client who is requesting information through a FOIA/PA unit MUST submit a signed (original signature) and dated Notice of Entry of Appearance as Attorney or Representative Form G-28.
Requests must describe the requested information with sufficient specificity with respect to name, (complete name of the subject and any other names used or any variant spelling), alien registration number(s) if applicable, dates (date of birth and country of birth), subject matter, and location to permit INS personnel to identify and locate the records.
POINTS TO CONSIDER:
Requesters must not use the INS' Federal Express account number.
Requesters cannot require the INS to "create" records. The request must be for access to records that already exist.
A Form G-28 entitles authorized representatives to review the current record of proceeding pending before the INS. Even though it does not fall within the purview of the FOIA/PA, it will be handled as an operational matter by the appropriate FOIA/PA unit.
Verification of identity is not required for access to records available under the FOIA. Individuals requesting records protected under the Privacy Act must provide a privacy waiver from the record subject, unless the FOIA requires their release. If a Form G-28 is used for verification purposes, the following situations may apply:
Nonresident Alien - Consent to access for nonexempt material is not required on Form G-28.
Lawful Permanent Resident or U.S. Citizen (LPR or USC) - Consent statement at the bottom of Form G-28 must be completed by the LPR/USC and accompanied by a notarized signature or sworn declaration under risk of perjury. Signature must be original only.
Legalization Files - Consent is required by the person to whom the record pertains for any and all access requests.
A records retention and disposal schedule is published in the General Records Schedule by the National Archives and Records Administration. If the requested information is in the files at the time of the request, then that information may be released if it is not exempt. If, however, the information requested has been destroyed pursuant to the General Records Schedule, then that information is lost.
Two requirements for access requests exist:
Reasonably describe the records sought
Follow agencies published procedural regulations
The FOIA/PA unit is required to inform the requester of decision to grant or deny access to records within 20 working days. (This does not necessarily require the release of the records within 20 days).
The INS may need an extension of time in below situations:
Need to search for and collect records from separate offices.
Need to examine a voluminous amount of records required by request.
Need to consult with another agency or agency component.
Sometimes the FOIA/PA unit cannot meet the time limits due to a variety of reasons, including high volume of requests received and limited resources. The FOIA/PA units rely on the language of 5 U.S.C. 552(a)(6)(c) and on the leading case Open America v. Watergate Special Prosecution Force, 547 F. 2d 605, 614-16 (D.C. Cir 1976) to process the requests using the first-in, first-out concept. Courts have agreed to allow agencies to handle requests on a first-in, first-out basis. Requests can be processed out of turn if there is jeopardy to life or personal safety or a threatened loss of substantial due process rights.
If there is a request for expedited treatment (that the request be taken out-of-turn) and the request fails to meet the criteria, it shall be processed on the appropriate track (first-in, first-out process).
Regarding FOIA requests, any reasonably separable portion of a record must be released after appropriate application of the nine exemptions.
Fees are divided into the following three categories:
Representatives from news media, educational or noncommercial - purpose is scholarly or scientific research. Billed only for reasonable copying charges.
Commercial use (profit making activities) is billed for copying, search and review.
All others - personal use, public interest groups, nonprofit organizations are billed for document copying and search. Review costs may not be charged.
Small requests are free to requesters from groups a and c. Also, if collecting the fees would cost more than the fees themselves, the INS will not normally collect the fees.
Whenever a FOIA request is denied, the FOIA/PA unit will inform the requester of the reasons for the denial and the requester's right to appeal the denial to the head of the agency. There is no set time limit for filing an appeal for a FOIA denial. The INS is required to make a decision on an appeal within 20 working days. This period can be extended 10 more days. If the time period has elapsed, the requester may consider the appeal to be denied and may proceed with judicial appeal; however, courts aren't sympathetic to appeals based solely on the agency's failure to comply within the time limits. Judicial appeals are filed in U.S. District Court in the district where the requester lives, where the documents are located, or in the District of Columbia.
A Privacy Act lawsuit is properly filed against an "agency" only (not an individual, government official or an employee.)
The fastest way to make a Privacy Act request is to identify the specific system of records.
Do not attempt to make telephonic requests for information.
Facsimiles of initial requests are not considered properly received because an original signature is a requirement.
If a FOIA/PA request is thought to be within the jurisdiction of the receiver, but found later to be in the custody of another INS office, the FOIA/PA office will track and transfer the request to the appropriate office. If the request does not constitute a FOIA request, these steps will not be followed.
In the case of an amnesty file, confidentiality does not cease to exist after death because structurally, congress mandated confidentiality to follow the life of the file, and not the life of the applicant. Generally the life of a file is 75 years after the last action taken on the file.
FORMS:
G-28, Notice of Entry of Appearance as Attorney or Representative: Used by attorneys or representatives to review the current record of proceeding pending before the INS.
G-639, Freedom of Information Act/Privacy Act Request: The G-639 was created by the INS FOIA/PA Office for the purpose of providing the public with a convenient means of requesting access to records from the INS under the Freedom of Information Act and the Privacy Act. In accordance with regulation 28 CFR 16.3 and 8 CFR 103.10(a)(2), a request must be made in writing; however, no specific format is required other than the requester must be specific in describing the record requested.
DEFINITIONS:
Access
Includes any form of disclosure. A copy always satisfies FOIA/PA access requirements.
INS Agency Record
Any tangible recording of information and/or any item, collection, or grouping of information that is maintained by, and under the control of, the INS. Notes made by employees are not generally agency records because they are not subject to the rules and controls of the agency for record maintenance and disposition.
Business Information
Commercial or financial information provided to INS by a person that may be protected from disclosure under Exemption 4 of the Freedom of Information Act, 5 U.S.C. 552(b)(4), because disclosure could reasonably be expected to cause competitive harm to the submitter or another person.
Business Information Submitter
Any person or entity who provides business information, directly or indirectly, to INS. The term includes, but is not limited to, corporations, state governments, and foreign governments. It does not include other federal agencies.
First Party Requester
A request from the subject or his/her representative asking for access to his/her own record. A notarized signature, or a sworn declaration under perjury from the record subject, is required for access to a PA record when the request is from a person other than the subject, unless one of the conditions of disclosure authorizes disclosure.
Freedom of Information Act Request
A request in writing by any person (regardless of citizenship status) for access to any record or information maintained by INS, except for the following, which are considered non-FOIA requests:
White House and Congressional requests;
Overseas offices;
News media requests under 28 CFR 50.2;
Requests from another Federal Government agency;
Requests from state, local or foreign governmental agencies;
Routine use disclosures;
Requests for return of original documents;
Requests from other agencies for review of INS files;
Requests for immigrant status verification; or
Visa availability.
Individual (Privacy Act)
A U.S. citizen (USC) or alien lawfully admitted for permanent residence (LPR). Corporations and organizations are not individuals.
Privacy Act (PA) Request
A request in writing submitted from any living citizen or lawful permanent resident of the United States or for access to his/her own records, which are contained in a PA system of records. The records must be under the control of the INS and be retrieved by the name of the requester or other personal identifier. Requests are from:
The subject, for access to his or her own records,
A third party with the written privacy waiver of the record subject, or
The parent of a minor child or the legal guardian of a person declared incompetent by a court of competent jurisdiction.
Routine Use
An established use and authority for disclosure of records from a Privacy Act system of records, other than an interagency disclosure, for a purpose which is compatible with the purpose for which they were collected, and which would otherwise be prohibited by the PA. Such disclosures do not require the prior written consent of the record subject, but must be published in the Federal Register prior to their implementation.
System of Records
A group of any records on United States citizens or aliens lawfully admitted for permanent residence under the control of an agency from which information is retrieved by the name of the individual or by some identifying number, symbol or other identifying particular assigned to the individual, and which is therefore subject to the Privacy Act.
Third Party Request
A request from any person for access to another individual's records without the individual's consent. The identity of a third party requester and his/her relationship to the subject does not increase (or decrease) his/her rights of access to the records.
General Tips on Assembling Applications for Mailing
Mark both the envelope and the cover letter as to the nature of the submission. Example: ORIGINAL SUBMISSION - BRIEF FOR AN APPEAL - RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION - etc.
Use the appropriate mailing address and mark both the envelope and the cover letter as to the form type. Example: I-129; I-130; I-690; I-698, etc.
Provide both the receipt notice number and the A-Number as an identifier, if they are available.
If the packet is being resubmitted in response to a REQUEST FOR ADDITIONAL EVIDENCE, please place the notice requesting the additional evidence/information on the top of the packet. Also, please use the special mailing envelope provided.
If evidence is being submitted in support of a previously filed appeal or motion, a cover letter stating "BRIEF FOR APPEAL", etc., should be placed on top of the packet.
In preparing your packet, please take note of the following:
Do not use binders or folders that cannot be easily disassembled.
Use ACCO fasteners to hold together thick or bulky applications or petitions. Two-hole punching the top of the material for easy placement in the file is appreciated.
The use of tabs assist in locating items listed as attachments. The tabs should be placed on the bottom and not the side for ease in filing.
Avoid using heavy-duty staples; instead use ACCO fasteners or heavy clips.
Avoid submitting originals unless specifically required (Forms I-94, Labor certifications, etc). Avoid submitting oversized documentation when possible.
If you are sending more than one case in an envelope, clearly separate the cases by rubber band or clip fasteners.
A form G-28 is not acceptable unless signed by the authorized representative and the petitioner (re: petitions) or the applicant (re: applications). Facsimile signature stamps are acceptable for the signature of the representatives. However, applicants/petitioners must live sign the initial Form G-28 submitted with the application/petition. Any subsequent Form G-28 relating to the same case may be a photocopy of the original, which should be already attached to the relating case.
Send copies of any prior approval notices with any new requests for extensions of stay, change of status or amended petitions.
Keep copies of all submissions. Don't assume the officer will have access to a prior file or record. Submit as complete a packet as possible so the case can be adjudicated from what you submit. Submit a complete packet of information for each petition or application. If officers have to review prior files or records, the adjudication of the case can be delayed substantially.
Be sure to complete all pertinent items on the petition or application. Ensure all entries on the forms are legible. Note the appropriate consulate, embassy, or a request to adjust status on the petition. Do not enter "N/A" when "None" is appropriate.
If you believe your situation to be unique, explain it fully in an attachment to the packet, not as a cover letter.
Please submit certified translations for all foreign language documents. The translator must certify that s/he is competent to translate and that the translation is accurate.
The certification format should include the certifier's name, signature, address, and date of certification. A suggested format is:
Certification by Translator
I typed name , certify that I am fluent (conversant) in the English and languages, and that the above/attached document is an accurate translation of the document attached entitled .
Signature
Date Typed Name
Address
The INS no longer routinely requires submission of original documents or "certified copies." Instead, ordinary legible photocopies of such documents (including naturalization certificates and alien registration cards) will be acceptable for initial filing and approval of petitions and applications.
At the discretion of the officer, original documents may still be required in individual cases. Please be advised that the INS no longer returns original documents submitted with the exception of Certificates of Naturalization, Forms I-551, Permanent Resident Card, Forms I-94, Arrival/Departure Document, valid passports, or those specifically requested by the officer. Such documents will be returned when they are no longer needed.
Reminder: The best way to locate records is through the receipt number and/or the A-Number. Always provide this information whenever possible. If you don't know the A-Number, provide a COMPLETE name and date of birth. ALSO: Provide ANY AND ALL names used by the individual, including aliases, maiden names, names used when originally admitted to the United States, etc. Providing this information is extremely helpful and speeds up processing time.
DUPLICATE FILINGS (without fee): Cases will be accepted as a duplicate filing only when the INS has specifically requested that a duplicate be filed. In such a case, be sure to submit the receipt number of original filing or any copies of notices received from the INS on the first filing when submitting a duplicate petition or application.
The address block on the forms is the data field captured for all of our mailings. Consistent with the limitations on the number of characters per line (a maximum of 32) and the total numbers of lines (4) in that field, whatever is in the block will become the mailing address used by the system. The data in these fields is entered exactly as indicated on the forms. Please include internal routing symbols in the address block, especially for large organizations. It is better to abbreviate the name of the organization and have space for the routing codes than to fully spell out the name and have notices sit in the organization's mailroom.
Recognized authorities: Many I-129 petitions filed with evidence of the beneficiary's education or accomplishments include documentation submitted by various authorities. For example, petitions for artists and entertainers may include evidence the beneficiary has received an award or other recognition of achievement. Petitions for individuals employed in a specialty occupation may include evidence the beneficiary belongs to a professional organization. When an individual's awards or membership is used to support a petition, evidence establishing the reputation of that organization must also be submitted. Examples of the type of evidence needed includes the following: the size and standing of the organization or the organization's requirements for membership and any other documentation which would establish the reputation of that organization.
When an opinion from a recognized authority is submitted, the opinion should state: the writer's qualifications as an expert; the writer's experience giving such opinions, citing specific instances where past opinions have been accepted as authoritative and by whom; how the conclusions were reached; and the basis for the conclusions, including copies or citations of any research material used.
Any application or petition for an individual currently in F-1 status needs to include evidence the student has been maintaining status and has been authorized employment if applicable. Such evidence usually can be satisfied by submitting the latest Form I-20AB/I-20ID and a copy of the employment authorization card.
The information provided here is not legal advice. If you want legal advice, you need formally to retain an attorney
Alondra wish all happy holidays!!
The Center makes every effort to process each application/petition without returning it for further information. Better-prepared applications/petitions take less time to process and speed general processing and thereby enhance service.
Filling Out the Form:
The easier it is to read the information on the form the faster the data can be entered. If data cannot be typed, use a dark colored ink pen to print clearly. Do not use lead pencils. They are too light, smear, and are hard to read.
Pictures:
If pictures are required for an application, please place them in a separate envelope and attach the envelope to the relating application. Do not staple photographs to applications. Stapling photographs directly to the form often results in the photo being unuseable, causing delay while new photos are requested. Please be sure to send the correct number of pictures. Pictures must be in color.
Other Small Items/Attachments:
If small items or documents are being submitted, place them in an envelope. A list of the contents should be written clearly on the outside of the envelope.
Tape Three Sides, But Not Four:
To the extent possible, please avoid using strapping tape on all four sides of an envelope (if you can, please leave one side free of tape). While using this tape may add some protection against harm while it is in transit, it does make the package difficult to open when it arrives.
Notices of Appearance – Form G-28:
Attorneys and other approved representatives of applicants/petitioners must file a Form G-28, Notice of Appearance. The G-28 must be properly completed and signed by the affected party. The term "affected party" refers to the petitioner or the applicant depending on the type of request. The signed G-28 should be stapled to the top of the form being filed. If multiple applications are submitted for other family members or for different applicants/petitioners, make sure that a separate G-28 is submitted for each affected party. To minimize the potential for error, the G-28 should be attached to each and every application and petition filed.
Cover Letters:
Attorneys may wish to submit a cover letter outlining the benefit sought, and identifying the attached supporting evidence. This can be very useful to the adjudicating officer, especially if the wrong block is checked off on a visa petition. Visa petitions are frequently rejected and occasionally denied because the petitioner appears to be filing for a benefit not authorized by law, i.e., a lawful permanent resident petitioning for a sibling. It should not be assumed that the adjudicating officer will instantly recognize the merits of the case or that she/he will automatically understand the entire request unless you provide a clear explanation of the benefits/actions sought.
Complete All Information:
Please be careful that forms are complete. We prefer not to speculate why a particular question was not answered. The response "none" is preferable to a blank space.
Keep a Copy:
You should make a copy of your submission to ensure that you can quickly submit a duplicate if the original is lost or if you need to bring an error to INS’ attention.
Assembling the Package:
Also see: General Tips on Assembling Applications for Mailing.
For most forms, your application package should be assembled in the following order:
Fee payment
Form G-28 (if applicable)
Application or petition with photos in attached envelope (if applicable)
G-325A (if applicable)
Other evidence
Supporting documentation
NOTE: Please assemble all fee payments on the top of each and every case, whether or not the case is filed with one fee payment or multiple fee payments. When multiple applications are simultaneously filed (such as an I-485, I-765, I-131, and I-824) place all checks together on the top left of the I-485.
Assembly Order for All Forms (except the I-129, I-485 and the N-400): please assemble the following applications as specified above:
I-90 I-102
I-129F I-130
I-131 I-140
I-212 I-290
I-360 I-526
I-539 I-589
I-612 I-690
I-694 I-695
I-698 I-724
I-730 I-751
I-765 I-817
I-821 I-824
I-864 Motion
Assembly Order for Forms I-129, I-485, and N-400: Use the more specialized assembly order below:
I-129
Fee payment
Form G-28, if applicable
Form I-129
Form I-129 Supplement, if applicable
Form I-539
Other evidence
Supporting documentation
I-485
Fee payment
Form G-28, if applicable
Form I-485 with two photos attached
Form I-485 Supplement, if applicable
Form I-864, if applicable
Form I-131 and/or form I-765
G-325A
Other evidence
Supporting documentation
N-400
Fee payment
Form N-400 with two photos attached
Form G-28, if applicable
Copy of front and back of I-551 (Permanent Resident) card
Other evidence
Supporting documentation
Paying Fees:
PLEASE DO NOT SEND CASH. The Service Center will accept money orders, personal checks, and cashiers checks for payment of fees. The Service Center cannot deposit cash. Be sure checks are signed and correctly dated. Post-dated checks are acceptable as long as the date on the check is no more than 5 days in advance of the date the check is received.
Place the check on top of the application, securely fastened in the upper left corner. If more than one application is filed, submit a separate check for each. This will avoid the necessity of returning ALL applications should just one be found to be unacceptable. Place all the checks on the top application.
Your Receipt:
After filing your application and paying your fees, you will receive a receipt number. These receipt numbers are very important. Please use these numbers whenever you write to us about your case, and whenever you contact us to find out about the status of your case.
The numbering system used on receipts has significance.
For most applications filed at a Service Center, your receipt may look like this: LIN 99 001 50001. In this example, the LIN represents the Nebraska Service Center, where the application was initially received into the electronic system. Cases that are filed at or received by another Service Center but processed at the NSC will generally carry the designation of the originating Service Center:
LIN = Lincoln, Nebraska or NSC
EAC = St. Albans, Vermont or VSC
SRC= Dallas, Texas or TSC
WAC= Laguna Niguel, California or CSC
In the example above:
The 99 represents the fiscal year (October 1, through September 30) in which the case was received.
The 001 represents the computer workday in the fiscal year on which the fee was taken.
The 50001 represents the particular case number.
For cases with particular case numbers starting with a 5, electronic case status information is available (see Finding the Status of Your Case, below). For cases with particular case numbers starting with a 0, you must write to request the status of your case.
For Naturalization cases (currently only N-400s), a different structure and process is used.
The application receipt number (for example: LIN*00006) is the case/receipt number. This is strictly sequential and does not change with the fiscal year. This is the number to refer to when seeking information regarding this case.
How We Process Your Application at a Service Center:
Normal Processing:
The first step is the receipt of mail. Mail is generally opened within twenty-four hours of receipt. The majority of mail arrives on Monday (40%) and Friday (20%). The other three days of the week share an equal amount of mail. Because of the volume of mail arriving on the two busiest days, sending a case via express mail to arrive on either of those days does not ensure faster processing. The lower volumes of mail arriving on Tuesdays means that the mail is usually opened by Tuesday evening.
Applications are stamped with the time and date of physical receipt, not the time and date they are actually opened. Mail with fees enclosed is routed immediately to mail assembly. Cases that are filed prematurely (before the applicant was eligible or met the legal criteria) or that were filed on an outdated form are prepared for manual rejection at this point. Cases lacking proper signature or correct fee are identified for system rejection.
Mail without a fee enclosed is considered correspondence and is sorted by type, if the appropriate destination can be quickly determined. If mailroom personnel are unsure as to the routing, the material is sent to the Customer Contact Services unit where it is read and either responded to or routed to the appropriate division for action.
Properly filed cases and cases flagged for system rejections are then forwarded to the Data Entry unit. In the Data Entry unit, information is keyed into the INS computer system and fees processed.
The Data Entry unit collects the appropriate fee or when necessary, rejects the case if the fee is incorrect or the form is not signed. If a case is not clearly acceptable, it is immediately passed to our Case Resolution unit for review. If they are unable to overcome the obstacle to processing, the case is returned to the applicant/petitioner for correction. Receipt or rejection notices are generated during Data Entry and mailed no later than the next morning.
Fee receipts are printed and mailed after the electronic record is created. This means the date on the fee receipt may be different from the date the mail was received for priority date purposes.
Once the fee has been properly receipted and the electronic records created, cases are routed to the Work Distribution unit to await a call for work by the Product Line or Field Office.
If the application will be adjudicated at the Service Center, an Adjudications Officer will review the case; the appropriate data (including cable requests) will be noted on a processing sheet and forwarded with the application/petition to the clerical section. The system is then updated, and the completed application or petition is sent to the file room, consulate or other appropriate office, and original documents are returned as required.
The Center makes every effort to process each application/petition without returning it for further information. Applications that are well prepared take less time to process, thereby facilitating faster processing of all cases. Therefore, to help applicants better prepare cases and applications before sending them to us, please refer to our General Tips on Assembling Applications for Mailing. Following these procedures will help us to serve applicants better and faster.
Requests for Evidence (RFEs):
When an application or petition is not immediately adjudicable, a request for additional evidence or other documentation is generated. The applicant/petitioner has 12 weeks to respond. During that time, s/he may:
Submit all of the requested evidence,
Submit some or none of the requested evidence and ask for a decision based upon the record, or
Withdraw the application or petition.
If a correction is needed to the petition or application, a photocopy of the form will be included with the request for evidence. The correction can be made on the photocopy and then will be included in the formal INS file of your case.
NO extension of this twelve-week response time is possible. Please also note that NO interim benefits will be granted during the time waiting for additional evidence to be submitted. If a response is not received within the time limit, the case will be considered abandoned and denied; the denial may not be appealed. NOTE: IT IS EXTREMELY IMPORTANT THAT THE LETTER REQUESTING EVIDENCE BE RETURNED WITH THE EVIDENCE AND THAT THE SPECIAL MAILING ENVELOPE PROVIDED BE USED. FAILURE TO DO SO WILL DELAY PROCESSING OF THE CASE AND MAY RESULT IN A DENIAL DUE TO ABANDONMENT. Evidence submitted without the letter and/or proper return mailing envelope will be difficult to match up with the pending case and may be treated as general correspondence.
Motions to Reopen (MTR):
A Motion to Reopen a case denied due to abandonment may be filed if one of the following is demonstrated:
The requested evidence was not material to the issue of eligibility;
The required evidence was submitted with the application or petition or the request for evidence was complied with during the time allowed; or
The request for evidence was sent to an incorrect address and the INS was notified of a change of address before the request was sent.
As with appeals, any Motion to Reopen or reconsider must now be filed within 30 days of the date of the denial.
Denials:
If the Center Adjudications Officer finds that a case should be denied, the denial is written and forwarded to the Clerical unit for printing. The printed denial is then given to the supervisor for review and then returned to the Clerical unit for updating and mailing. In the case of a denial, all material is usually retained in the file.
Denials (other than Legalization/SAW cases) are held in the Records Division of the Center until the time limit for filing an appeal has been reached. Material clearly marked as an appeal will be directly routed to the Records Division to be connected to the appropriate file and then forwarded to the Adjudications Division for processing. Legalization/SAW denials are held in the Legalization records area. Clearly marking the material as an appeal will expedite the time it takes to get the material to the Adjudications Division.
If any evidence and/or argument submitted with an appeal overcomes the grounds of the denial, the case will be treated as a Motion to Reopen and the application/petition will be approved, without forwarding the case to the Administrative Appeals unit, the Legalization Appeals unit or the Board of Immigration Appeals.
Quality Assurance Review:
All adjudications at a Service Center undergo a quality assurance review. This review seeks to ensure that the decision made by the officer is correct and complete, that proper procedures have been followed, and that quality standards have been met.
REQUIREMENTS FOR MAKING FOIA/PA REQUESTS TO INS SERVICE CENTER FOIA/PA UNITS
Request must be submitted in writing to the Service Center FOIA/PA unit. The INS Form G-639, Freedom of Information/Privacy Act Request is preferred and recommended for rapid identification and to ensure expeditious handling.
Every attorney representing a client who is requesting information through a FOIA/PA unit MUST submit a signed (original signature) and dated Notice of Entry of Appearance as Attorney or Representative Form G-28.
Requests must describe the requested information with sufficient specificity with respect to name, (complete name of the subject and any other names used or any variant spelling), alien registration number(s) if applicable, dates (date of birth and country of birth), subject matter, and location to permit INS personnel to identify and locate the records.
POINTS TO CONSIDER:
Requesters must not use the INS' Federal Express account number.
Requesters cannot require the INS to "create" records. The request must be for access to records that already exist.
A Form G-28 entitles authorized representatives to review the current record of proceeding pending before the INS. Even though it does not fall within the purview of the FOIA/PA, it will be handled as an operational matter by the appropriate FOIA/PA unit.
Verification of identity is not required for access to records available under the FOIA. Individuals requesting records protected under the Privacy Act must provide a privacy waiver from the record subject, unless the FOIA requires their release. If a Form G-28 is used for verification purposes, the following situations may apply:
Nonresident Alien - Consent to access for nonexempt material is not required on Form G-28.
Lawful Permanent Resident or U.S. Citizen (LPR or USC) - Consent statement at the bottom of Form G-28 must be completed by the LPR/USC and accompanied by a notarized signature or sworn declaration under risk of perjury. Signature must be original only.
Legalization Files - Consent is required by the person to whom the record pertains for any and all access requests.
A records retention and disposal schedule is published in the General Records Schedule by the National Archives and Records Administration. If the requested information is in the files at the time of the request, then that information may be released if it is not exempt. If, however, the information requested has been destroyed pursuant to the General Records Schedule, then that information is lost.
Two requirements for access requests exist:
Reasonably describe the records sought
Follow agencies published procedural regulations
The FOIA/PA unit is required to inform the requester of decision to grant or deny access to records within 20 working days. (This does not necessarily require the release of the records within 20 days).
The INS may need an extension of time in below situations:
Need to search for and collect records from separate offices.
Need to examine a voluminous amount of records required by request.
Need to consult with another agency or agency component.
Sometimes the FOIA/PA unit cannot meet the time limits due to a variety of reasons, including high volume of requests received and limited resources. The FOIA/PA units rely on the language of 5 U.S.C. 552(a)(6)(c) and on the leading case Open America v. Watergate Special Prosecution Force, 547 F. 2d 605, 614-16 (D.C. Cir 1976) to process the requests using the first-in, first-out concept. Courts have agreed to allow agencies to handle requests on a first-in, first-out basis. Requests can be processed out of turn if there is jeopardy to life or personal safety or a threatened loss of substantial due process rights.
If there is a request for expedited treatment (that the request be taken out-of-turn) and the request fails to meet the criteria, it shall be processed on the appropriate track (first-in, first-out process).
Regarding FOIA requests, any reasonably separable portion of a record must be released after appropriate application of the nine exemptions.
Fees are divided into the following three categories:
Representatives from news media, educational or noncommercial - purpose is scholarly or scientific research. Billed only for reasonable copying charges.
Commercial use (profit making activities) is billed for copying, search and review.
All others - personal use, public interest groups, nonprofit organizations are billed for document copying and search. Review costs may not be charged.
Small requests are free to requesters from groups a and c. Also, if collecting the fees would cost more than the fees themselves, the INS will not normally collect the fees.
Whenever a FOIA request is denied, the FOIA/PA unit will inform the requester of the reasons for the denial and the requester's right to appeal the denial to the head of the agency. There is no set time limit for filing an appeal for a FOIA denial. The INS is required to make a decision on an appeal within 20 working days. This period can be extended 10 more days. If the time period has elapsed, the requester may consider the appeal to be denied and may proceed with judicial appeal; however, courts aren't sympathetic to appeals based solely on the agency's failure to comply within the time limits. Judicial appeals are filed in U.S. District Court in the district where the requester lives, where the documents are located, or in the District of Columbia.
A Privacy Act lawsuit is properly filed against an "agency" only (not an individual, government official or an employee.)
The fastest way to make a Privacy Act request is to identify the specific system of records.
Do not attempt to make telephonic requests for information.
Facsimiles of initial requests are not considered properly received because an original signature is a requirement.
If a FOIA/PA request is thought to be within the jurisdiction of the receiver, but found later to be in the custody of another INS office, the FOIA/PA office will track and transfer the request to the appropriate office. If the request does not constitute a FOIA request, these steps will not be followed.
In the case of an amnesty file, confidentiality does not cease to exist after death because structurally, congress mandated confidentiality to follow the life of the file, and not the life of the applicant. Generally the life of a file is 75 years after the last action taken on the file.
FORMS:
G-28, Notice of Entry of Appearance as Attorney or Representative: Used by attorneys or representatives to review the current record of proceeding pending before the INS.
G-639, Freedom of Information Act/Privacy Act Request: The G-639 was created by the INS FOIA/PA Office for the purpose of providing the public with a convenient means of requesting access to records from the INS under the Freedom of Information Act and the Privacy Act. In accordance with regulation 28 CFR 16.3 and 8 CFR 103.10(a)(2), a request must be made in writing; however, no specific format is required other than the requester must be specific in describing the record requested.
DEFINITIONS:
Access
Includes any form of disclosure. A copy always satisfies FOIA/PA access requirements.
INS Agency Record
Any tangible recording of information and/or any item, collection, or grouping of information that is maintained by, and under the control of, the INS. Notes made by employees are not generally agency records because they are not subject to the rules and controls of the agency for record maintenance and disposition.
Business Information
Commercial or financial information provided to INS by a person that may be protected from disclosure under Exemption 4 of the Freedom of Information Act, 5 U.S.C. 552(b)(4), because disclosure could reasonably be expected to cause competitive harm to the submitter or another person.
Business Information Submitter
Any person or entity who provides business information, directly or indirectly, to INS. The term includes, but is not limited to, corporations, state governments, and foreign governments. It does not include other federal agencies.
First Party Requester
A request from the subject or his/her representative asking for access to his/her own record. A notarized signature, or a sworn declaration under perjury from the record subject, is required for access to a PA record when the request is from a person other than the subject, unless one of the conditions of disclosure authorizes disclosure.
Freedom of Information Act Request
A request in writing by any person (regardless of citizenship status) for access to any record or information maintained by INS, except for the following, which are considered non-FOIA requests:
White House and Congressional requests;
Overseas offices;
News media requests under 28 CFR 50.2;
Requests from another Federal Government agency;
Requests from state, local or foreign governmental agencies;
Routine use disclosures;
Requests for return of original documents;
Requests from other agencies for review of INS files;
Requests for immigrant status verification; or
Visa availability.
Individual (Privacy Act)
A U.S. citizen (USC) or alien lawfully admitted for permanent residence (LPR). Corporations and organizations are not individuals.
Privacy Act (PA) Request
A request in writing submitted from any living citizen or lawful permanent resident of the United States or for access to his/her own records, which are contained in a PA system of records. The records must be under the control of the INS and be retrieved by the name of the requester or other personal identifier. Requests are from:
The subject, for access to his or her own records,
A third party with the written privacy waiver of the record subject, or
The parent of a minor child or the legal guardian of a person declared incompetent by a court of competent jurisdiction.
Routine Use
An established use and authority for disclosure of records from a Privacy Act system of records, other than an interagency disclosure, for a purpose which is compatible with the purpose for which they were collected, and which would otherwise be prohibited by the PA. Such disclosures do not require the prior written consent of the record subject, but must be published in the Federal Register prior to their implementation.
System of Records
A group of any records on United States citizens or aliens lawfully admitted for permanent residence under the control of an agency from which information is retrieved by the name of the individual or by some identifying number, symbol or other identifying particular assigned to the individual, and which is therefore subject to the Privacy Act.
Third Party Request
A request from any person for access to another individual's records without the individual's consent. The identity of a third party requester and his/her relationship to the subject does not increase (or decrease) his/her rights of access to the records.
General Tips on Assembling Applications for Mailing
Mark both the envelope and the cover letter as to the nature of the submission. Example: ORIGINAL SUBMISSION - BRIEF FOR AN APPEAL - RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION - etc.
Use the appropriate mailing address and mark both the envelope and the cover letter as to the form type. Example: I-129; I-130; I-690; I-698, etc.
Provide both the receipt notice number and the A-Number as an identifier, if they are available.
If the packet is being resubmitted in response to a REQUEST FOR ADDITIONAL EVIDENCE, please place the notice requesting the additional evidence/information on the top of the packet. Also, please use the special mailing envelope provided.
If evidence is being submitted in support of a previously filed appeal or motion, a cover letter stating "BRIEF FOR APPEAL", etc., should be placed on top of the packet.
In preparing your packet, please take note of the following:
Do not use binders or folders that cannot be easily disassembled.
Use ACCO fasteners to hold together thick or bulky applications or petitions. Two-hole punching the top of the material for easy placement in the file is appreciated.
The use of tabs assist in locating items listed as attachments. The tabs should be placed on the bottom and not the side for ease in filing.
Avoid using heavy-duty staples; instead use ACCO fasteners or heavy clips.
Avoid submitting originals unless specifically required (Forms I-94, Labor certifications, etc). Avoid submitting oversized documentation when possible.
If you are sending more than one case in an envelope, clearly separate the cases by rubber band or clip fasteners.
A form G-28 is not acceptable unless signed by the authorized representative and the petitioner (re: petitions) or the applicant (re: applications). Facsimile signature stamps are acceptable for the signature of the representatives. However, applicants/petitioners must live sign the initial Form G-28 submitted with the application/petition. Any subsequent Form G-28 relating to the same case may be a photocopy of the original, which should be already attached to the relating case.
Send copies of any prior approval notices with any new requests for extensions of stay, change of status or amended petitions.
Keep copies of all submissions. Don't assume the officer will have access to a prior file or record. Submit as complete a packet as possible so the case can be adjudicated from what you submit. Submit a complete packet of information for each petition or application. If officers have to review prior files or records, the adjudication of the case can be delayed substantially.
Be sure to complete all pertinent items on the petition or application. Ensure all entries on the forms are legible. Note the appropriate consulate, embassy, or a request to adjust status on the petition. Do not enter "N/A" when "None" is appropriate.
If you believe your situation to be unique, explain it fully in an attachment to the packet, not as a cover letter.
Please submit certified translations for all foreign language documents. The translator must certify that s/he is competent to translate and that the translation is accurate.
The certification format should include the certifier's name, signature, address, and date of certification. A suggested format is:
Certification by Translator
I typed name , certify that I am fluent (conversant) in the English and languages, and that the above/attached document is an accurate translation of the document attached entitled .
Signature
Date Typed Name
Address
The INS no longer routinely requires submission of original documents or "certified copies." Instead, ordinary legible photocopies of such documents (including naturalization certificates and alien registration cards) will be acceptable for initial filing and approval of petitions and applications.
At the discretion of the officer, original documents may still be required in individual cases. Please be advised that the INS no longer returns original documents submitted with the exception of Certificates of Naturalization, Forms I-551, Permanent Resident Card, Forms I-94, Arrival/Departure Document, valid passports, or those specifically requested by the officer. Such documents will be returned when they are no longer needed.
Reminder: The best way to locate records is through the receipt number and/or the A-Number. Always provide this information whenever possible. If you don't know the A-Number, provide a COMPLETE name and date of birth. ALSO: Provide ANY AND ALL names used by the individual, including aliases, maiden names, names used when originally admitted to the United States, etc. Providing this information is extremely helpful and speeds up processing time.
DUPLICATE FILINGS (without fee): Cases will be accepted as a duplicate filing only when the INS has specifically requested that a duplicate be filed. In such a case, be sure to submit the receipt number of original filing or any copies of notices received from the INS on the first filing when submitting a duplicate petition or application.
The address block on the forms is the data field captured for all of our mailings. Consistent with the limitations on the number of characters per line (a maximum of 32) and the total numbers of lines (4) in that field, whatever is in the block will become the mailing address used by the system. The data in these fields is entered exactly as indicated on the forms. Please include internal routing symbols in the address block, especially for large organizations. It is better to abbreviate the name of the organization and have space for the routing codes than to fully spell out the name and have notices sit in the organization's mailroom.
Recognized authorities: Many I-129 petitions filed with evidence of the beneficiary's education or accomplishments include documentation submitted by various authorities. For example, petitions for artists and entertainers may include evidence the beneficiary has received an award or other recognition of achievement. Petitions for individuals employed in a specialty occupation may include evidence the beneficiary belongs to a professional organization. When an individual's awards or membership is used to support a petition, evidence establishing the reputation of that organization must also be submitted. Examples of the type of evidence needed includes the following: the size and standing of the organization or the organization's requirements for membership and any other documentation which would establish the reputation of that organization.
When an opinion from a recognized authority is submitted, the opinion should state: the writer's qualifications as an expert; the writer's experience giving such opinions, citing specific instances where past opinions have been accepted as authoritative and by whom; how the conclusions were reached; and the basis for the conclusions, including copies or citations of any research material used.
Any application or petition for an individual currently in F-1 status needs to include evidence the student has been maintaining status and has been authorized employment if applicable. Such evidence usually can be satisfied by submitting the latest Form I-20AB/I-20ID and a copy of the employment authorization card.
The information provided here is not legal advice. If you want legal advice, you need formally to retain an attorney
Alondra wish all happy holidays!!
