Archive for September, 2010

What is INS?

Posted on September 24, 2010. Filed under: Immigration | Tags: , , |

The Immigration and Naturalization Services shortly called as INS was part of the United States Department of Justice. The INS was authorized to handle all the legal and illegal immigration and naturalization issues. The purpose of INS was to protect and enforce the laws of naturalization and handle the process of an individual becoming a citizen of United States .The INS established three new agencies called USCIS (United States Citizenship and Immigration services), CBP (Customs Border and Protection),  and ICE (Immigration and Customs Enforcement).

The USCIS administers all the immigration services including permanent residence, naturalization and other functions,  CBP handles the border functions which include border patrol and ICE  administers all the investigation, deportation and intelligence.

Immigration and citizenship

Immigration INS is the process of a foreign individual moving into the United States to live on a permanent basis or for a temporary visit. Each individual who wish to enter the country must seek permission to enter the country and abide by the immigration law. The immigration law refers to the government policies which handles the immigration to the United States. The USCIS performs many administrative services carried out by the Immigration and Naturalization Services (INS).

Citizenship:

Many people are welcomed into the United States every year and INS administers all the eligible people to successfully integrate into American Civic Culture. One of the main category administered for immigration through INS is US Citizenship. An individual is called a US citizen, when he/she is a legal member of the United States. Being a US Citizen , the individual has rights to obtain Social Security, receive benefits on retirement and has right to vote and choose a government. A US Citizen may obtain a US passport with which he may travel to every country in the world. Also the US Citizen has the right to sponsor his/her family to enter US legally and help in obtaining Green Card / Permanent Resident Card. Those individuals who seek for Immigration through INS must abide by the immigration laws .

An individual may become a US Citizen either at birth or after birth. If an individual is born in United States then he/she becomes a US Citizen automatically. If the individual is born abroad to US Citizen parents, then he/she may claim US Citizenship through parents. If the individual is born outside US to non- us citizen, who has immigrated to United States may obtain US citizenship through Naturalization. Naturalization is a process where permanent residents of at least18 years of age who meets all the eligibility requirements file for citizenship. If a person wishes to become a citizen of United States he/she must determine through which category he is able to file for US Citizenship.

Once the petitions for immigration is sent to USCIS for processing, the USCIS will check for the eligibility with inclusion of the supporting evidence. The approval of the immigration petition will be determined by the eligibility of the applicant. Once petition for immigration through INS is approved applicants will be notified in writing. If the application is denied, the applicants will be notified in writing the reason for rejection.

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How do I replace my I-94 form?

Posted on September 17, 2010. Filed under: Immigration | Tags: , , |

Before we get started with the real process lets first see what the I-94 form is all about and the relevance it has with your stay in the USA.

The I-94 form is nothing but an Arrival and Departure record which mentions a users authorized stay in the USA. Given todays changed climate it becomes essential that your arrival and departure are properly documented in the USA.

As a foreign citizen you would have completed the I-94 form at the port of entry and the concerned CBP Officer would have given his consent by stamping the form by giving his final approval for admission for a specific period.

As a general rule you are required to submit your I-94 form when departing from the United States. This would help the custom official to record details of your travel and departure. If your departure record is not recorded properly it may cause problems for you while trying to re-enter the United States.

At this instance your file would remain open without closure and this would mean that you had overstayed in the USA. This would have serious problems for you the next time you try to enter the USA or even denial or cancellation of any US visa you might have.

It is in this backdrop that it becomes essential that you file for a replacement if you do not have your I-94 form with you. So in any instance were you are seeking to replace your I-94 form you need to do it with the form I-102.

This form is for an non-immigrant to apply for a new or replacement Form I-94 ( Nonimmigrant Arrival-Departure Document.)

Having a fair idea on the form lets now move on to how you need file with this form.

Typically your form I-102 has 5 parts.


Part 1: will seek your personal details.

Part 2: would be to identify the reason for filing the form I-102. Here you need to mention the reason as to why you are filing with the form I-102.

Part 3: would be on processing information seeking details of whether you are filing this application with any other petition or application or if you are in removal proceedings.

Part 4: & 5: are related to your signatures.

Your completed form should be accompanied with the proper supporting documents.

If your form I-94 was lost or stolen, a copy of the card if available or a biographical page from the passport and a copy of the page that USCIS had stamped your passport on arrival to the United States should accompany your completed signed application. If you do not possess any of these provide a written explanation with a copy of the police report.

Your filing location will depend on the place that you reside. The form I-102 should be accompanied with the filing fee of $320 which is not refundable

Once your form I-102 has been accepted, USCIS will check for its completeness which might also include submission of the required initial evidence. The whole process will take about 2-3 months.

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What is the Procedure For Citizenship Certificate Replacement?

Posted on September 3, 2010. Filed under: Immigration |

N-565, Application for replacement naturalization / citizenship document :

Form N-565 needs to be filed with the USCIS for a citizenship certificate replacement. Per the USCIS ,you may apply form N-565, Application for Replacement Naturalization or Citizenship Document, if you have been issued a Naturalization Certificate, Certificate of Citizenship, Declaration of Intention or Repatriation Certificate which has been lost, mutilated,or destroyed, and you can use the same form if your name has been changed by marriage or by court order after the citizenship document was issued and you seek a document in the new name.

But Form N-565 should not be filed to correct errors on the citizenship certificate unless they are USCIS errors. Apparently, an applicant is required to file with District Court to get them to order a revision if the mistake is due to his or her own error.

Citizenship Certificate Replacement Process :

As soon as as you have signed the forms and gathered the necessary supporting documents, you should mail the completed application package to the USCIS along with the submission fees. The mailing address will be mentioned in the instructions page. If the reason for filing the form is to get a replacement of a mutilated document, you must attach the mutilated document and send it with your application. OR if you are filing for a new document because your name has been changed, you must submit the original USCIS document and a copy of the marriage certificate or court order as proof of the name change. On the other hand, if you are filing for a special certificate of naturalization, you must attach a copy of your naturalization certificate along with the citizenship certificate replacement application.

Apart from the supporting documents, you should submit two color photographs of yourself. It should be taken within 30 days of filing of this application for citizenship certificate replacement.

After you mail the application for citizenship certificate replacement, the USCIS will check for completeness, including submission of the required initial evidence. If you do not completely fill out the form, or have sent the application without the needed initial evidence, you will not establish a basis for eligibility and the USCIS may deny your application. So always ensure that your application is complete and you submit the needed supporting documents. Once you have mailed the application for a citizenship certificate replacement to the USCIS, you can expect to receive an Application Receipt Notice with a 13-character Application Receipt number within 30 days. This Receipt Notice is the proof that USCIS has received your application and that it is being processed. You may use the number on the receipt to check the status of your application while it is pending.

Later, the USCIS may request more information or evidence when you appear at the specific USCIS office for an interview. They may also request you to submit the originals of any document.

Finally, if you establish eligibility for the document, your application will be approved and the new document issued. Where appropriate, a special certificate of naturalization will be forwarded to the U.S. Department of State for delivery to a foreign government official. If your application for citizenship certificate replacement is denied, the USCIS will notify in writing of the reasons for the denial.

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