Checklists for Immigration Procedures
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Permanent Residency (Green Card)
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Asylum and Refugee Status in the U.S.
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Work Visa (H-1B, TN, etc.)
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Naturalization and Citizenship
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DACA Renewal
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Employment Authorization Document (EAD Card)
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Overview: A Green Card allows individuals to live and work permanently in the United States.
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Eligibility Categories:
- Family-Based: Immediate relatives of U.S. citizens, such as spouses, children under 21, and parents.
- Employment-Based: Workers in specific job categories or with particular skills.
- Special Immigrants: Including certain religious workers, juveniles, or international broadcasters.
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Application Process:
- Determine Eligibility: Identify the appropriate immigrant category.
- File an Immigrant Petition: Usually through Form I-130 (family-based) or Form I-140 (employment-based).
- Adjustment of Status or Consular Processing:
- Inside the U.S.: File Form I-485 for Adjustment of Status.
- Outside the U.S.: Consular processing at a U.S. embassy or consulate.
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Checklist of Required Documents:
- Completed application forms.
- Proof of eligibility (e.g., family relationship, job offer).
- Medical examination report (Form I-693).
- Financial support evidence (Form I-864).
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Overview: Protection for individuals fearing persecution in their home countries.
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Eligibility:
- Must have suffered persecution or have a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion.
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Application Process:
- Asylum (for those in the U.S.):
- File Form I-589 within one year of arrival.
- Attend biometric services appointment.
- Participate in an interview or immigration court hearing.
- Refugee (for those outside the U.S.):
- Receive a referral to the U.S. Refugee Admissions Program (USRAP).
- Complete necessary forms and interviews abroad.
- Undergo medical examinations and background checks.
- Asylum (for those in the U.S.):
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Checklist of Required Documents:
- Completed Form I-589 (asylum) or refugee application forms.
- Personal identification documents.
- Supporting evidence of persecution or fear thereof.
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Overview: Temporary visas for employment in specialized occupations.
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Common Types:
- H-1B: For specialty occupation workers.
- TN: For professionals from Canada and Mexico under NAFTA.
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Application Process:
- Employer Petition: Employer files Form I-129 on behalf of the worker.
- Labor Condition Application (LCA): For H-1B, employer must obtain LCA approval from the Department of Labor.
- Visa Application: Worker applies for a visa at a U.S. embassy or consulate.
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Checklist of Required Documents:
- Approved Form I-129.
- LCA certification (for H-1B).
- Proof of qualifications (e.g., degrees, certifications).
- Employment offer letter.
- Step-by-Step Guide:
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Determine Eligibility:
- Be at least 18 years old.
- Have been a lawful permanent resident (Green Card holder) for at least 5 years, or 3 years if married to a U.S. citizen.
- Demonstrate continuous residence and physical presence in the U.S.
- Exhibit good moral character.
- Have basic knowledge of English and U.S. civics.
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Prepare and Submit Form N-400:
- Complete Form N-400, Application for Naturalization.
- Include required documents:
- Photocopy of both sides of your Permanent Resident Card.
- Two passport-style photos (if residing outside the U.S.).
- Filing fee of $725 (which includes a $640 application fee and an $85 biometric fee).
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Attend Biometrics Appointment:
- USCIS will notify you of the time and location.
- They will collect your fingerprints, photograph, and signature.
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Complete the Interview and Tests:
- USCIS will schedule an interview to review your application.
- You’ll take the English language test and the civics test during this interview.
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Receive a Decision:
- USCIS will inform you of their decision after the interview.
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Attend the Oath Ceremony:
- If approved, you’ll take the Oath of Allegiance at a naturalization ceremony, officially becoming a U.S. citizen.
- Example Checklist:
- Completed Form N-400.
- Photocopy of Permanent Resident Card.
- Two passport-style photos (if applicable).
- Filing fee payment.
- Any additional documents supporting your eligibility (e.g., marriage certificate, tax records).
- Step-by-Step Guide:
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Determine Eligibility:
- Currently have DACA status.
- Have not departed the U.S. without advance parole since your last DACA approval.
- Have continuously resided in the U.S. since your last DACA approval.
- Have not been convicted of a felony, significant misdemeanor, or three or more misdemeanors.
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Prepare and Submit Renewal Forms:
- Complete the following forms:
- Form I-821D, Consideration of Deferred Action for Childhood Arrivals.
- Form I-765, Application for Employment Authorization.
- Form I-765WS, Worksheet.
- Include required documents:
- Photocopy of your current Employment Authorization Document (EAD).
- Two passport-style photos.
- Filing fee of $495 ($410 for Form I-765 and $85 for biometrics).
- Complete the following forms:
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Submit Your Renewal Packet:
- Mail your completed forms, supporting documents, and fees to the appropriate USCIS address.
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Attend Biometrics Appointment:
- USCIS will notify you of the time and location.
- They will collect your fingerprints, photograph, and signature.
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Await Decision:
- USCIS will process your renewal and notify you of their decision.
- Example Checklist:
- Completed Forms I-821D, I-765, and I-765WS.
- Photocopy of current EAD.
- Two passport-style photos.
- Filing fee payment.
- Any additional supporting documents (e.g., proof of continuous residence).
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Overview:
An Employment Authorization Document (EAD), also known as a work permit, allows certain non-U.S. citizens to legally work in the United States. The EAD is typically valid for one to two years and must be renewed before expiration if the applicant remains eligible.
Step-by-Step Guide
Determine Eligibility
You may apply for an EAD if you are in one of the following categories:
- Pending Green Card Applicants (Adjustment of Status – Form I-485)
- DACA Recipients
- Asylum Seekers (with a pending Form I-589 application for over 150 days)
- Temporary Protected Status (TPS) Holders
- F-1 Students (seeking Optional Practical Training or STEM OPT Extension)
- H-4 Spouses (of H-1B visa holders if eligible)
- J-2 Visa Holders (dependents of J-1 exchange visitors)
For a full list of eligible categories, visit:
USCIS – Who May Apply for Employment AuthorizationPrepare and Submit Form I-765
- Complete Form I-765, Application for Employment Authorization
- Select the appropriate category in Part 2, Question 27 based on your eligibility
- Gather the required supporting documents (listed below)
- Pay the filing fee (if applicable)
Submit Your Application
- Online Submission (for eligible categories via USCIS Online Filing)
- Mail Submission (Print & mail the completed form + documents to the correct USCIS address based on your eligibility category)
Processing Time:
- Processing times vary (Typically 3-7 months, but may be faster for some categories like STEM OPT Extensions).
- Track your case via USCIS Case Status
Attend Biometrics Appointment (If Required)
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Receive Your EAD Card
- If approved, USCIS will mail your Employment Authorization Document (EAD Card)
- If denied, USCIS will send you a denial notice explaining the reason and appeal options
Validity:
- Most EADs are valid for 1-2 years depending on the applicant’s status.
- Renew your EAD at least 6 months before expiration if you remain eligible.
Required Documents Checklist
Completed Form I-765
Copy of passport biographic page
Copy of most recent I-94 Arrival/Departure Record
Copy of previous EAD card (if renewing)
Copy of supporting immigration status document (e.g., DACA approval notice, I-485 receipt, TPS approval)
Passport-style photos (2) (if required)
Filing fee payment ($410 or applicable exemption) -
Sample Official Documents
Example of Form N-400 (Citizenship)
Example of Form I-485 (Adjustment of Status)
Example of Form I-765 (Work Permit)
Example of Asylum Declaration Letter
Glossary of Legal Terms
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A – C
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D – F
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G – I
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J – N
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O – R
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S – Z
- Adjustment of Status (AOS): The process of applying for a Green Card while inside the U.S., without having to return to your home country for visa processing.
- Advance Parole: A travel document allowing certain non-citizens (such as DACA recipients) to temporarily leave and return to the U.S. without jeopardizing their status.
- Alien: A non-citizen or non-national of the United States. The term is commonly used in U.S. immigration law.
- Asylum: Protection granted to individuals already in the U.S. who fear persecution in their home country based on race, religion, nationality, political opinion, or social group.
- Beneficiary: The person for whom an immigration petition (such as a Green Card or work visa) is filed.
- Biometrics: The collection of fingerprints, photographs, and digital signatures as part of security checks for immigration applications.
- Certificate of Naturalization: The official document issued to a lawful permanent resident who successfully completes the naturalization process and becomes a U.S. citizen.
- Consular Processing: The process of applying for a Green Card or visa at a U.S. embassy or consulate abroad instead of inside the U.S.
- Continuous Residence: The requirement that an applicant must have lived in the U.S. for a specified time period before applying for benefits such as naturalization.
- DACA (Deferred Action for Childhood Arrivals): A program that protects eligible undocumented individuals who arrived in the U.S. as children from deportation and grants work authorization.
- Deferred Action: A form of temporary protection from deportation for specific groups (such as DACA recipients), but it does not grant legal status.
- Department of Homeland Security (DHS): The U.S. government agency that oversees immigration enforcement, border security, and naturalization processes.
- Department of State (DOS): The U.S. government agency responsible for issuing passports, visas, and managing consular affairs abroad.
- Deportation (Removal): The formal process by which a non-citizen is ordered to leave the U.S. due to violation of immigration laws.
- Employment Authorization Document (EAD): Also known as a work permit, it is an official document allowing non-citizens to legally work in the U.S.
- Employer Sponsorship: When a U.S. employer petitions for a foreign worker to receive a work visa (such as an H-1B visa) or a Green Card.
- Expedited Processing: A faster review process available for certain immigration applications under specific urgent conditions.
- Green Card (Permanent Resident Card): A document proving that an individual has lawful permanent residence (LPR) status in the U.S.
- H-1B Visa: A temporary work visa for highly skilled professionals in specialty occupations such as technology, engineering, and medicine.
- Immigrant Visa: A visa category that allows the holder to enter the U.S. permanently, typically leading to a Green Card.
- Immigration and Customs Enforcement (ICE): A government agency responsible for enforcing immigration laws and conducting deportations.
- Immigration Petition: A formal request, usually filed by a family member or employer, to grant a visa or Green Card to a non-citizen.
- Inadmissibility: A legal term referring to conditions that prevent a person from entering or staying in the U.S., such as criminal records, health issues, or past immigration violations.
- Interview Waiver: A policy that allows certain visa or immigration applicants to skip an in-person interview at a U.S. embassy or USCIS office.
- I-94 Record: An electronic or paper document issued by CBP (Customs and Border Protection) when a non-citizen enters the U.S., showing their authorized stay period.
- J-1 Visa: A nonimmigrant visa for individuals participating in exchange visitor programs, such as researchers, teachers, or au pairs.
- Labor Certification (PERM): A process where a U.S. employer proves that hiring a foreign worker will not negatively affect U.S. workers, required for some employment-based Green Cards.
- Lawful Permanent Resident (LPR): A Green Card holder who is allowed to live and work permanently in the U.S.
- Naturalization: The legal process by which a lawful permanent resident (Green Card holder) becomes a U.S. citizen after meeting eligibility requirements.
- Nonimmigrant Visa: A temporary visa allowing individuals to visit, work, or study in the U.S. for a set period (e.g., B-1/B-2 tourist visa, F-1 student visa).
- Optional Practical Training (OPT): A program allowing F-1 students to work in the U.S. for up to 12 months after graduation (or 24 months for STEM graduates).
- Parole in Place (PIP): A discretionary relief that allows certain undocumented family members of U.S. military personnel to adjust their status without leaving the U.S.
- Petitioner: The U.S. citizen, lawful permanent resident, or employer who files an immigration petition on behalf of a foreign national.
- Priority Date: The date when an immigration petition is filed, used to determine when a visa number becomes available under the visa bulletin system.
- Public Charge Rule: A policy that can deny Green Cards or visas to applicants deemed likely to become financially dependent on U.S. government benefits.
- Refugee: A person outside the U.S. who is granted protection due to persecution in their home country and is admitted through the U.S. Refugee Admissions Program (USRAP).
- Request for Evidence (RFE): A notice from USCIS asking for additional documents to process an immigration application.
- Special Immigrant: A category of individuals eligible for a Green Card under unique circumstances, such as religious workers, U.S. military members, or crime victims (U visa holders).
- STEM OPT Extension: A 24-month extension of OPT (Optional Practical Training) for F-1 students in Science, Technology, Engineering, or Math (STEM) fields.
- Temporary Protected Status (TPS): A form of relief allowing nationals of certain countries facing war, natural disasters, or humanitarian crises to live and work in the U.S. temporarily.
- Visa Bulletin: A monthly publication by the Department of State that tracks visa availability for Green Card applicants based on their priority date.
- Visa Waiver Program (VWP): A program allowing citizens of select countries to visit the U.S. for up to 90 days without a visa (e.g., citizens of the U.K., Germany, Japan).
Useful Links
USCIS (Citizenship and Immigration Office):uscis.gov
Consulates and Embassies in the U.S.:usembassy.gov