Immigration Forms

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Immigration Forms: A Detailed Guide

Immigration is a process of legally entering and settling in a country other than one’s own. The process of immigrating to a new country has always been a tedious and complicated ordeal, and a crucial part of it is the paperwork. Filling up immigration forms can be a daunting task, especially if it’s your first attempt. In this article, we will guide you through the most common immigration forms and explain the significance of each form in the immigration process.

1. Form I-130: Petition for Alien Relative

Form I-130 is a petition filed by a U.S. citizen or lawful permanent resident to establish the relationship between them and their foreign national spouse, child, or parent. The petitioner must establish that the relationship is genuine and that they are financially capable of sponsoring the foreign national.

The process starts by filing Form I-130, accompanied by the appropriate fee and documentation to the United States Citizenship and Immigration Services (USCIS). The USCIS will then review the petition, and if approved, will forward the case to the National Visa Center (NVC) for further processing.

2. Form I-485: Application to Register Permanent Residence or Adjust Status

Form I-485 is the primary form used by foreign nationals to adjust their current status to permanent residency in the United States. This form is generally used by individuals who were admitted to the United States in a non-immigrant visa status and are now looking to obtain permanent residency.

Once Form I-130 has been approved and the applicant has a visa number available, they can file Form I-485 along with all the required documentation and fees to the USCIS. The USCIS will then schedule an interview with the applicant and adjudicate the application.

3. Form I-90: Application to Replace Permanent Residence Card

Form I-90 is used to renew or replace a permanent residence card (Green Card). If an individual’s Green Card is nearing its expiration date, they must file Form I-90 at least six months before its expiration date. This form is also used to replace a lost or stolen Green Card or to update the card if there have been any changes in the individual’s personal information.

The application process involves filling up Form I-90 and paying the appropriate fee to the USCIS. The applicant will then receive an appointment for biometric (fingerprint) and photograph processing, after which USCIS will review the application and provide a decision.

4. Form I-129F: Petition for Alien Fiancé(e)

Form I-129F is used by a U.S. citizen to bring their foreign national fiancé(e) to the United States with the intention of getting married within 90 days of arrival. The petitioner must prove that they have met their fiancé(e) in person at least once within the past two years and that they intend to marry in the United States.

The USCIS will review the petition and, if approved, will forward it to the NVC for further processing. The NVC will then forward the case to the U.S. Embassy or Consulate in the foreign national’s country for an interview.

5. Form I-765: Application for Employment Authorization

Form I-765 is used by non-U.S. citizens to apply for an employment authorization document (EAD), which allows them to work while they are waiting for their Green Card or other immigration benefits. An individual must be in the United States under a qualifying immigration status to be eligible to file Form I-765.

The application process involves filling up the form and submitting it with the appropriate fee and documentation to the USCIS. Once the application is approved, the applicant will receive an EAD, which is valid for a specific period and can be renewed as needed.

6. Form N-400: Application for Naturalization

Form N-400 is used by lawful permanent residents to apply for U.S. citizenship. An individual must meet certain eligibility requirements, such as being at least 18 years of age, having lived in the United States continuously for a specific period, and being able to read, write, and speak conversational English.

The application process involves filling up the form and paying the appropriate fee to the USCIS. The applicant must also undergo biometric processing, attend an interview, and pass a civics test and English language test to become a naturalized U.S. citizen.

7. Form DS-160: Non-immigrant Visa Application

Form DS-160 is used by foreign nationals to apply for a non-immigrant visa to visit the United States temporarily, such as for tourism, education, or business purposes. This form is submitted online, and the applicant must provide detailed information about their travel plans, employment history, and any criminal history.

Once the application is submitted, the applicant must schedule an interview at the U.S. Embassy or Consulate in their country of residence. The interviewer will determine if the applicant is eligible for the non-immigrant visa.

Conclusion

The immigration process can be complicated, and filling up the right forms is essential to avoid any delays or rejections. Understanding each immigration form’s significance and following the application process’s instructions is crucial to ensure a smooth immigration process. Therefore, it is advisable to seek legal assistance to navigate through the intricacies of immigration law. With this guide, we hope to have helped you understand the most common immigration forms used and their roles in the immigration process.