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Author: Joseph Caraccio

  • Employment Authorization Eligibility Category Codes

    Employment Authorization Eligibility Category Codes

    USCIS EAD CATEGORY CODES An Employment Authorization Document (EAD) also referred to as a “Work Permit” by some people, allows the person to legally work in the U.S., usually while their application with USCIS is pending adjudication. To get your EAD you must submit a Form I-765 to USCIS, which will ask you for your…

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  • Residency Category Codes

    Residency Category Codes

    IMMIGRANT CLASSES OF ADMISSION A lawful permanent resident (LPR) or “green card” recipient may live and work anywhere in the United States and may apply to become U.S. citizens if they meet certain eligibility and admissibility requirements. The Immigration and Nationality Act (INA) provides several broad classes of admission for foreign nationals to gain LPR…

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  • FAQ: Special Immigrant Juvenile Status (SIJS)

    FAQ: Special Immigrant Juvenile Status (SIJS)

    WHO IS ELIGIBLE TO ADJUST STATUS TO A LEGAL PERMANENT RESIDENT THROUGH SIJS? In order to adjust status as a special immigrant juvenile, the applicant must: 1) be eligible to adjust status, 2) have an immediately available visa, and 3) demonstrate that they merit a favorable exercise of discretion. WHAT IS MY PRIORITY DATE AND…

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  • Reschedule A USCIS Biometrics Appointment

    Reschedule A USCIS Biometrics Appointment

    HOW TO RESCHEDULE YOUR USCIS BIOMETRICS APPOINTMENT Your biometrics appointment is for you USCIS to collect your fingerprints and a photograph of you for running security clearances and checking your identity and criminal record. Your biometrics appointment notice will arrive on USCIS Form I-797C with a location of a biometrics service center as well as…

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  • FAQ: Freedom of Information Act

    ASK A QUESTION Have a question that isn’t answered on this page? submit your question using this form and it will be added to the page. If you provide your email we will send the answer to your email as well (your email address will not be shared with anyone). Please enable JavaScript in your…

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  • HOW TO: Make A FOIA Request

    How to use the Freedom of Information Act to request a copy of your A-File (or Alien File) from Immigration to see all documents and other information that the U.S. Government has regarding your past immigration filings, entries, stops by immigration, How to File With USCIS How to File With CBP How to File With…

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  • USCIS Pushing Online FOIA Requests Hard

    The Freedom of Information Act 5 U.S.C. § 552, is the United States’ federal law that requires the full or partial disclosure of previously unreleased or uncirculated information and documents controlled by the U.S. Federal Government upon request [full text of 5 U.S.C.§552]. The act defines agency records subject to disclosure, outlines mandatory disclosure procedures,…

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  • UNLAWFUL PRESENCE BARS CAN RUN IN THE US, BIA & USCIS AFFIRM

    UNLAWFUL PRESENCE AND THE THREE/TEN-YEAR-BAR Under the unlawful presence grounds of inadmissibility, the three- and ten-year bars at INA § 212(a)(9)(B) penalize people who are present in the US. without any lawful immigration status for more than 6 months and 12 months respectively. This could be overstaying a visa by failing to depart the US.…

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  • Petty Offense Exception

    The “petty offense exception” applied to a person with only one conviction for a crime involving moral turpitude (CIMT). Eligibility for the petty offense exception. Only one CIMT, Punishment under 6 months. Max term of imprisonment under one year.

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  • False Claim to U.S. Citizenship

    Inadmissible and deportable for making a false claim to U.S. citizenship. INA § 212(a)(6)(C)(ii); INA §237(a)(3)(D). A person who falsely represents or has falsely represented themselves to be a U.S.citizen for any purpose or benefit under the INA or any other federal or state law is inadmissible anddeportable Therefore, as written, DHS could apply these…

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  • INFORMATION & RESOURCES

    INFORMATION & RESOURCES Immigration Court Immigration Appeals VISAS & CITIZENSHIP Helpful Links Templates & Samples WebEx Court Links Immigration Judge Stats Immigration Judge approval rates and statistics for the NY Immigration Courts. Read Here “In this nation of immigrants and their descendants, we have become so obsessed with rooting out, locking up and packing off…

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  • USCIS Launches Online Appointment Request Form

    USCIS is now allowing for people to schedule an in-person appointment at USCIS using an online form. It will no longer be necessary to call the USCIS 1-800 number, say ‘infopass,’ then talk to a rep to schedule an appointment. It’s nice of USCIS to bring back this option that used to exist but they…

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