Upload
jose-junior-machado
View
225
Download
2
Embed Size (px)
Citation preview
USCIS and Immigration 101 Resources Guide
USCIS and Immigration 101 Resources Guide
Main Table of Contents About US
Privacy Information & Enforcement Sensitive IssuesAbout ResourcesAbout Immigration Benefits
Case Status
Processing Time
InfoPassOLA Contact
Department of State
Click the icon on slides for web resource
USCIS and Immigration 101 Resources Guide
ABOUT US
MainTable of Contents
USCIS and Immigration 101 Resources Guide
INS to DHS - March 3, 2003: 1 Agency into 3 Agencies
MainTable of Contents
USCIS and Immigration 101 Resources Guide
Department of StateDepartment of StateBureau of Consular AffairsBureau of Consular Affairs
U.S. CitizenshipU.S. Citizenshipand Immigrationand ImmigrationServicesServices
U.S. ImmigrationU.S. Immigrationand Customs and Customs EnforcementEnforcement
U.S. Customs and U.S. Customs and Border ProtectionBorder Protection
Immigration – Key players
MainTable of Contents
Department of Department of LaborLabor
Department of JusticeDepartment of Justice
USCIS and Immigration 101 Resources Guide
• STATE Department (Consular Affairs) is the only agency that issues visas
Agency Functions
• USCIS includes, but not limited to: Family and Employment-based Application Adjudication (e.g. Adjustment of Status and Naturalization) and International Benefit Programs
• ICE includes, but not limited to: Investigations, Detention and Removal, Interior and International Enforcement
• CBP includes, but not limited to: Inspections (Port-of-Entry), Border Patrol and International Enforcement (including Container Security)
MainTable of Contents
USCIS and Immigration 101 Resources Guide
• 18,000 USCIS Government Employees and Contractors Work in 250 offices around the World on Programs Including:
– E-Verify Work Authorization– Systematic Alien Verification for Entitlements (SAVE)– Green Card (permanent residence) Issuance– Permanent and Temporary Employment-based Visa Programs– Citizenship through Civilian and Military Naturalization– Humanitarian Parole– Refugee and Asylum– Temporary Protected Status– Inter-Country Adoptions– Family based immigration
USCIS PROGRAMS
MainTable of Contents
USCIS and Immigration 101 Resources Guide
On an average day, USCIS will… • Process 135,000 national security background checks• Answer 41,000 calls at our toll free Customer Service line• See 12,000 visitors at 86 local offices• Fingerprint and photograph 11,000 applicants at 129 Application Support
Centers• Screen employment eligibility of more than 80,000 new hires• Adjudicate 30,000 applications • Welcome 18,300 new permanent residents, issue 18,300 green cards• Welcome 3,400 naturalized citizens, 30 in the U.S. military• Process 400 refugees applications, grant asylum to 40 individuals • Help American parents adopt 100 foreign-born orphans
USCIS Agency-Wide Daily Statistics
MainTable of Contents
USCIS and Immigration 101 Resources Guide
North East Region (Districts 1-7)
South East Region (Districts 8-11)
Central Region (Districts 12-19)
Western Region (Districts 20-26)
MainTable of Contents
USCIS and Immigration 101 Resources Guide
MainTable of Contents
USCIS and Immigration 101 Resources Guide
• USCIS Service Centers: – California (CSC), Nebraska (NSC), Texas (TSC) and Vermont (VSC)– Mail-based facilities that adjudicate and process petitions and applications for immigration
benefits that typically do not require an interview.
– Congressional Constituent Services: • Each service center has a Congressional Inquiry Unit.• Each of these units is responsible for addressing inquiries brought to the service centers by
Congressional offices.– 2 Types of Service Center Jurisdiction:
• By Geography: Jurisdiction for a particular service center is geographically divided according to the state/district/territory where an applicant resides.
• By Form Type: Particular service centers may also possess exclusive nationwide jurisdiction for a particular caseload. Typically, two service centers share jurisdiction over a form type.
• National Benefit Center (NBC): – Performs centralized front-end processing of applications and petitions that do require field
office interviews (primarily family-based I-485s and N-400s).
MainTable of Contents
USCIS and Immigration 101 Resources Guide
Service Center Statistics
On an average day, USCIS Service Centers… • Process 15,000 applications and petitions• Issue 15,000 green cards• Process 2,700 Requests for Evidence (Initial issue as well as responses)• Receive 900 pieces of correspondence• Process 2,400 Service Request Management Tool inquiries on cases
MainTable of Contents
USCIS and Immigration 101 Resources Guide
The Office of Legislative Affairs (OLA)
• OLA serves as the principal point of coordination to Congress regarding USCIS operations and policies.
• OLA conducts/manages responses to all Congressional casework inquiries.• OLA Consists of:
1. A Washington DC based headquarters unit with 3 branches;• Legislative• National Coordination (Partnering with USCIS local leadership and
liaisons) • Operations
2. Over 120 Congressional liaisons located across our USCIS domestic offices.
MainTable of Contents
USCIS and Immigration 101 Resources Guide
A Year in the Life of OLA-FY 2011 • Telephone Inquiries from Congressional Offices
– > 76,000 relating to immigration policy and casework nationwide– 10,028 HQ OLA
• Written Inquiries– > 9,400 relating to immigration policy and casework nationwide– 1,767 HQ OLA
• E-Mail Inquiries– > 123,000 relating to immigration policy and casework nationwide– 9,730 HQ OLA
• Meetings and Briefings– HQ OLA organized almost 130 meetings/briefings with Members and/or
staff.– Numerous field meetings/briefings for Congressional District
caseworkers.Main
Table of Contents
USCIS and Immigration 101 Resources Guide
Inquiries: Helpful Tips
• Telephonic: Best when dialogue is required, or an emergency exists that requires immediate attention.
• Written: Recommended when a case is complicated, and USCIS will need to review documents. Should be limited in number, as they take longer to resolve.
• Email: Great for simple status checks and requests regarding USCIS policies and procedures
MainTable of Contents
USCIS and Immigration 101 Resources Guide
Telephone InquiriesUSCIS OLA national response goals require that telephone inquiries receive an initial response by the close of the next business day.
Even if a liaison is not able to completely resolve the matter by that time, the liaison must make contact and offer a definite plan of action.
Phone inquiry received
Initial response
MainTable of Contents
USCIS and Immigration 101 Resources GuideE-mail Inquiries
E-Mail inquiries shall be resolved, or at least acknowledged with an initial response, within 5 business days of receipt.
An acknowledgement should detail the next steps and a plan for resolution of the inquiry. If only an acknowledgement can be given in the first 5 business days, we will strive to resolve or at least provide a meaningful response on all pending inquiries within 30 days of receipt.
E-mail inquiry received
Initial response
MainTable of Contents
USCIS and Immigration 101 Resources Guide
Written or Faxed inquiry received
Initial response
Formal Written and Faxed InquiriesFormal written correspondence and faxes shall be resolved or initially acknowledged within 10 business days of receipt.
Acknowledgement should detail next steps and a plan for resolution. If only an acknowledgement can be given in the first 10 business days, we will strive to resolve or at least provide a meaningful response on all pending inquiries within 30 days of receipt.
MainTable of Contents
USCIS and Immigration 101 Resources Guide
Privacy Information and Enforcement Sensitive Issues
MainTable of Contents
USCIS and Immigration 101 Resources Guide
•
Privacy Release Requirements
• To remain in compliance with the Privacy Act, as well as the Department of Homeland Security policy and regulations, USCIS may not disclose, any information without the consent from the subject of the records.
• Family members, friends, and attorney or authorized representative (even if there is a G-28) or other interested parties may not authorize the release of information on behalf of the person who is the subject of the record.
• Inquires requesting general information or non-case specific information do not require a privacy release.
MainTable of Contents
USCIS and Immigration 101 Resources Guide
•
Privacy Release Requirements(Continued)
• Congressional staffers must possess a privacy release for all case specific inquiries.
• Even if the individual who is the subject of the records is outside of the United States, there must still be a release. Common examples are approved form 1-730’s when the inquiry is really about the beneficiary’s processing or interview, Form I-601 (Application for Waiver of Grounds of Inadmissibility), of Refugee applications.
MainTable of Contents
USCIS and Immigration 101 Resources Guide
Requests for Expedited or Special ProcessingUSCIS cannot expedite solely on the basis of an expedite request from a congressional office.
Expedited processing may be considered in line with USCIS policy, for example:
Severe financial loss to a company or individual Extreme emergent or humanitarian situation Military readiness or other national interest situation USCIS error or other compelling interest of USCIS
MainTable of Contents
USCIS and Immigration 101 Resources Guide
www.uscis.gov
Become familiar with the USCIS website, it is an excellent tool at your disposal!
MainTable of Contents
USCIS and Immigration 101 Resources Guide
RESOURCES
MainTable of Contents
USCIS and Immigration 101 Resources Guide
How Do I…? Customer Guides
These guides answer questions regarding immigration benefits. The series provides information on 50 main application procedures.
U.S. Citizens
Permanent Residents
Nonimmigrants
Refugees and Asylees
Employers
General Information
MainTable of Contents
USCIS and Immigration 101 Resources Guide
Congressional Staff FAQ
The link below will show you some of the most frequently asked questions from congressional staffers.
MainTable of Contents
USCIS and Immigration 101 Resources Guide
Forms USCIS FORMS ARE FREE: Your constituent should never pay anyone for copies of our forms.
USCIS forms are always FREE to download on our site, or order by mail or phone at 1-800-870-3676. Most USCIS forms can be downloaded and filled out using the latest version of Adobe Reader . "DS" forms are available on the Department of State website.
Shortcut links now on all forms pages: For example, Form I-130 is at www.uscis.gov/i-130 - Form N-400 is at www.uscis.gov/n-400 - and so on.
E-Notification: When filing at Lockbox facilities in Chicago, Phoenix, or Lewisville, TX, your constituent may sign up to receive an email and/or text notification that their application has been accepted. See "G-1145,E-Notification of Application/Petition Acceptance" for more.
MainTable of Contents
USCIS and Immigration 101 Resources Guide
Laws and Regulations The USCIS LAWS section provides information on laws, regulations and interpretations controlling immigration and the work of the immigration-related components of the Department of Homeland Security.
The LAWS section includes several legal resources linked on the left column of this page. These links include information on:
Title 8 of the Code of Federal Regulations (8 CFR) Immigration Nationality Act Administrative Decisions Finding Legal Advice Handbooks and guides Immigration Policy and Procedural Memoranda
And much more.
MainTable of Contents
USCIS and Immigration 101 Resources Guide
Glossary
Immigration law has a number of highly technical terms that may not mean the same thing to the average reader.
To inform USCIS.gov users, we provide this glossary of immigration terms and acronyms.
MainTable of Contents
USCIS and Immigration 101 Resources Guide
ABOUT IMMIGRATION BENEFITS
MainTable of Contents
USCIS and Immigration 101 Resources GuideCASE STATUS
Your constituent can view the status of their case online. They must enter the corresponding application receipt number in the location identified in the USCIS website. The 13-character application receipt number can be found on application notices your constituent received from USCIS.
MainTable of Contents
USCIS and Immigration 101 Resources Guide
PROCESSING TIMES
USCIS usually processes cases in the order they are received. For each type of application or petition we have specific workload processing goals.
We have created a table you can use to determine how long we are taking to process an application or petition at a particular office.
MainTable of Contents
USCIS and Immigration 101 Resources Guide
INFO PASS
InfoPass is a free service that lets your constituent schedule an appointment with a U.S. Citizenship and Immigration Services (USCIS) Immigration Officer by using the Internet at any time of day or night. If your constituent has an immigration issue that is best handled by a trained USCIS Immigration Officer, InfoPass will let them schedule their appointment instead of requesting it in person at your local USCIS office.
MainTable of Contents
USCIS and Immigration 101 Resources Guide
IMMIGRATION BENEFITSTable of Contents
Permanent Residence
Working in the US
Humanitarian
Visit the US
Citizenship
Family
Adoption
Military
MainTable of Contents
USCIS and Immigration 101 Resources Guide
LAWFUL PERMANENT RESIDENCEA permanent resident is someone who has been granted authorization to live and work in the United States on a permanent basis. As proof of that status, your constituent is granted a permanent resident card, commonly called a "green card." Your constituent can become a permanent resident several different ways. Most individuals are sponsored by a family member or employer in the United States. Other individuals may become permanent residents through refugee or asylee status or other humanitarian programs. In some cases, your constituent may be eligible to file for themselves.
Benefits Table of Contents
USCIS and Immigration 101 Resources Guide
CITIZENSHIPDeciding to become a U.S. citizen is one of the most important decisions in your constituent’s life.
Citizenship Through NaturalizationGenerally, permanent residents (green card holders) age 18 or older who meet all eligibility requirements for naturalization may submit a Form N-400, Application for Naturalization. For more information, visit our Citizenship Through Naturalization page.
Citizenship Through ParentsIf eligible, you can “acquire” or “derive” U.S. citizenship through a qualifying U.S. citizen parent(s). For more information, visit our Citizenship Through Parents page.
BenefitsTable of Contents
USCIS and Immigration 101 Resources Guide
NATURALIZATION TESTMost naturalization applicants are required to take a test on:
- English- U.S. History- Government
We provide resources to help your constituent prepare. For more information, visit our Naturalization Test page. Get study materials from the Citizenship Resource Center.
Benefits Table of Contents
USCIS and Immigration 101 Resources Guide
WORKING IN THE U.S.The United States welcomes thousands of foreign workers in multiple occupations or employment categories every year. These include artists, researchers, cultural exchange participants, information technology specialists, religious workers, investors, scientists, athletes, nurses, agricultural workers and others. All foreign workers must obtain permission to work legally in the United States. Each employment category for admission has different requirements, conditions and authorized periods of stay. It is important that your constituent adhere to the terms of their application or petition for admission and visa. Any violation can result in removal or denial of re-entry into the United States.
BenefitsTable of Contents
USCIS and Immigration 101 Resources Guide
WORKING IN THE U.S.(Continued)
Temporary (Nonimmigrant) WorkerA temporary worker is an individual seeking to enter the United States temporarily for a specific purpose. Nonimmigrants enter the United States for a temporary period of time, and once in the United States, are restricted to the activity or reason for which their nonimmigrant visa was issued.
BenefitsTable of Contents
USCIS and Immigration 101 Resources Guide
Permanent (Immigrant) WorkerA permanent worker is an individual who is authorized to live and work permanently in the United States. Immigrants enter the United States to take up permanent residence.
WORKING IN THE U.S.(Continued)
BenefitsTable of Contents
USCIS and Immigration 101 Resources Guide
WORKING IN THE U.S.(Continued)
Information for Employers & Employees
Employers must verify that an individual whom they plan to employ or continue to employ in the United States is authorized to accept employment in the United States. Individuals, such as those who have been admitted as permanent residents, granted asylum or refugee status, or admitted in work-related nonimmigrant classifications, may have employment authorization as a direct result of their immigration status. Other aliens may need to apply individually for employment authorization.
BenefitsTable of Contents
USCIS and Immigration 101 Resources Guide
WORKING IN THE U.S.(Continued)
Temporary Visitors For Business
To visit the United States for business purposes your constituent will need to obtain a visa as a temporary visit or for business (B-1 visa), unless they qualify for admission without a visa under the Visa Waiver Program. For more information on the topics, select the category related to your constituents situation to the left side of the webpage.
BenefitsTable of Contents
USCIS and Immigration 101 Resources Guide
STUDENTS AND EXCHANGE VISITORSThe United States welcomes thousands of foreign students and exchange visitors every year.
If your constituent wishes to pursue full-time academic or vocational studies in the U.S., they may be eligible for one of two nonimmigrant student categories. The “F” category is for academic students and the “M” is for vocational students.If they wish to participate in an exchange program they may be eligible for the “J” category for exchange visitors. The J visa is for educational and cultural exchange programs designated by the Department of State, Bureau of Consular Affairs.
BenefitsTable of Contents
USCIS and Immigration 101 Resources Guide
FAMILYYour constituent’s status determines which relatives (or future relatives) may be eligible to receive immigration benefits. In order to help a family member immigrate, your constituent must be a:
-U.S. Citizen
-Lawful Permanent Resident
-Refugee admitted as a refugee within the past 2 years
-Asylee granted asylum within the past 2 years
BenefitsTable of Contents
USCIS and Immigration 101 Resources GuideHUMANITARIAN
USCIS provides a number of humanitarian programs and protection to assist individuals in need of shelter or aid from disasters, oppression, emergency medical issues and other urgent circumstances.
Listed below are the humanitarian benefits we offer:
-Battered Spouse, Children and Parents
-Victims of Human Trafficking and Other Crimes
-Humanitarian Parole
-Temporary Protective Status
-Special Situations
BenefitsTable of Contents
USCIS and Immigration 101 Resources Guide
MILITARY
Citizenship for Military Members & DependentsMembers and veterans of the U.S. armed forces, and their dependents may be eligible for citizenship under special provisions of law.
Family Based Survivor Benefits (for Relatives)A person who is the surviving spouse, child, or parent of a United States citizen, whose citizen spouse, parent, or child dies during a period of honorable service in an active duty status in the U.S. Armed Forces may be eligible for certain "survivor" immigration benefits, including citizenship.
BenefitsTable of Contents
USCIS and Immigration 101 Resources Guide
FAMILY BASED SURVIVOR BENEFITSA person who is the surviving spouse, child, or parent of a United States citizen, whose citizen spouse, parent, or child dies during a period of honorable service in an active duty status in the U.S. Armed Forces may be eligible for naturalization.
Generally, service in the armed forces means service in one of the following branches: Army, Navy, Marine Corps, Air Force, Coast Guard, certain reserve components of the National Guard, and the Selected Reserve of the Ready Reserve.
Surviving family members seeking immigration benefits are given special consideration in the processing of their application for permanent residence or for classification as an immediate relative.
BenefitsTable of Contents
USCIS and Immigration 101 Resources Guide
ADOPTIONEach year, thousands of U.S. citizens adopt children from overseas. This is known as an intercountry adoption.
Adopting a child from another country is often a complicated journey. We will define the process and provide information to help you make informed decisions for you and your family.
USCIS is Responsible For:• Determining the eligibility and suitability of the Prospective Adoptive Parents (individuals) looking to adopt.
• Determining the eligibility of the child to immigrate to the United States.
BenefitsTable of Contents
• •
USCIS and Immigration 101 Resources Guide
VISIT THE U.S.There are two types of nonimmigrant visas available for people who want to visit the United States.
The B-1 visa is for individuals who wish to visit the United States temporarily for business purposes, (e.g. conferences) or for medical treatment, or to accompany a family member who requires medical treatment.
The B-2 visa is for individuals who wish to visit the United States temporarily or to visit family or friends.
BenefitsTable of Contents
USCIS and Immigration 101 Resources Guide
Department of State Visa Services
The Visa section of the Department of State website is all about U.S. visas for foreign citizens to travel to the U.S. Before traveling to the U.S., a citizen of a foreign country must generally obtain a nonimmigrant visa for temporary stay or an immigrant visa for permanent residence. The type of visa your constituent will need is based on the purpose of their travel.
MainTable of Contents
USCIS and Immigration 101 Resources Guide
Visa Bulletin
Under the current statutes, many immigrant visa and lawful permanent resident (LPR) applicants must wait a period of time prior to receiving their LPR card. This is because the United States puts limits on the number of certain types of immigrants that can be approved each year. To help everyone keep track of their petitions the Department of State publishes a monthly “Visa Bulletin.” The bulletin summarizes the availability of immigrant petitions.
MainTable of Contents
USCIS and Immigration 101 Resources GuideContacting OLA
• Your Local USCIS Office Congressional Liaison Is The Best Initial Contact: – For Constituent Casework (there are exceptions to this rule)– For Details on USCIS Events in Your Area – NOTE: Please first inquire at our local office working the case. If
need be, elevate to your Regional Congressional Liaison. If need be, elevate to Headquarters.
• Please Contact HQ OLA For the Following: Subject Matter– Administrative Appeals - Humanitarian Parole– Overseas case inquiries - National policy questions– Prior attempts to obtain casework assistance unsuccessfulEmail: [email protected] Phone: (202) 272-1940; Fax: (202) 272-1955
BenefitsTable of Contents
MainTable of Contents