When requesting immigration benefits, generally, a married applicant may provide a copy of their marriage certificate and indicate their current legal name on the forms as any of the following:

1. Their pre-marriage name (ex. Jane Doe)
2. Taking their spouse’s surname (ex. Jane Smith)
3. Taking a hyphenated version of their pre-marriage name and their spouse’s surname.(ex. Jane Doe-Smith)

Typically, any other name changes, such as changing a first or middle name, etc., will require documented proof of a prior legal name change in addition to the marriage certificate. Should an applicant wish to include such a legal name change, they would need to wait to complete that process before moving forward with their immigration applications. In addition, the ability to change names after marriage varies according to the laws and regulations in each country or state, and applicants should review the changes needed for a legal name change in their area.

Please Note: Changing an applicant’s name on the green card may mean that other documentation, such as driver's license, passport, social security cards, etc., do not match. As applicants pursue legal name changes on those documents, in many circumstances, when using documents where the legal names do not match, they may use their marriage certificate as proof of a name change.

Have you ever needed to reach out to a government agency for help with a previous or current immigration request? If so, you may be familiar with what are called FOIA requests! In this article, we'll explain what a FOIA request is, what they are generally used for, and when they should be submitted.

What is a FOIA Request?

If you are trying to get personal documents from a government agency, you may have heard of a FOIA Request. FOIA stands for Freedom of Information Act. Passed in 1967, the Freedom of Information Act states that the public has the right to request records from the government. As long as the information is not protected by one of the specified nine exemptions or three exclusions, the government is required to provide it. Since FOIA was passed, each government agency has developed a method for the public to submit requests for documents through their agency. Typically, FOIA requests are not needed to file for an immigration benefit. However, they can be useful in situations where an individual needs more information about a previous immigration application or needs to request information to help with a current one.

The Nine Exemptions and Three Exclusions
Government agencies are only allowed to withhold information if it is protected by one of the nine exemptions or three exclusions. These exemptions are designed to protect information such as classified documents, trade secrets, or information that unreasonably violates the privacy of other people. For a full list of the exemptions and exclusions, see this link.

When Should I Submit a FOIA Request?

You can submit a FOIA request to a government agency anytime you need specific information from them that is not readily available through other means. 

Here are some examples of reasons someone might submit a FOIA request to USCIS:

• Requesting information on a previous immigration application
• Requesting information on a USCIS decision from a previous immigration application
• Requesting your full file of info from USCIS (this is called an A-file)

FOIA Requests can also be submitted to other government agencies as well. Here are some examples of reasons someone might submit a FOIA request to another agency as a part of their immigration application:

• Requesting records from Customs and Border Patrol (CBP) regarding  entry and exit (for example, if there is no record on the CBP website for their I-94/travel history) 
• Requesting detention center records from Immigration Customs and Enforcement (ICE)
• Requesting Court Orders from the Department of Justice or Executive Office of Immigration Review (EOIR)
• Requesting information on passport or visa applications from the Department of State 

Please note: If you are requesting a FOIA because you are in deportation proceedings, it is a good idea to consult an immigration attorney. If you need help finding an immigration attorney, AILA’s lawyer search can help locate attorneys living in your area.

How Do I Submit a FOIA Request?

1. Step 1: Determine Needed Documents. The first step in submitting a FOIA request is to determine what documents are needed. Requesting a lot of documents, such as a whole file from an agency, can result in longer wait times. Knowing exactly what documents are needed can help make the process faster and more successful.
2. Step 2: Identify Relevant Agency. Once you have determined the documents needed, the next step is to figure out what agency has these documents. If you are not sure what agency has the documents you need, a quick Google search can usually help determine this. Foia.gov also has a list of agencies that you can explore.
3. Step 3: Locate FOIA Procedure for Selected Agency. After determining what documents are needed and what agency has them, the next step is to find the procedure for submitting a FOIA request to that agency. Each agency handles its own FOIA requests and has its own procedure for doing so.
   1. If you are submitting a FOIA request through USCIS, you can find the full instructions for doing so here. Requests are made through the applicant’s USCIS account, and there is a link included in the instruction page.
   2. For other agencies, you can find information on how to submit a FOIA request by searching that agency here by clicking “Start Your Request”

FOIA Request Fees: Sometimes, fees are associated with FOIA requests. These fees vary by agency. They are usually based on the amount of time (in hours) it takes to process the request or the number of copies required. USCIS does not charge for the first 2 hours or 100 copies but does start to charge after that. If the fees are anticipated to cost more than $250, they may contact you in advance of completing the request. 

Conclusion 

Feel free to reach out to our live chat with any additional questions you may have about FOIA requests. If you would like additional support and a full review of your documents by a licensed attorney after completing your FOIA request, we would be happy to help you with your application! You can sign up for one of our application packages here, and we will help guide you through the application process. We're happy you're here!

Congratulations on your engagement!

US citizens who are engaged to someone living in another country may wonder how they can get their loved one to the US to get married. A Fiancé(e) (K-1) visa can be granted after filing Form I-129F with USCIS and allows for the foreign national fiancé(e) to come to the US to get married and apply for legal permanent residency.

As part of the fiancé(e) visa application process, USCIS asks applicants to provide a variety of supporting documents to show that their relationship is well-established. Chief among the evidence required by USCIS is proof that the petitioner and applicant have met in person within the last 2 years, that they are in a bona fide relationship, and that they are planning to get married. This article focuses specifically on the relationship evidence that USCIS requires and addresses the following:  

1. Basic guidelines for adding relationship evidence, including evidence of having met in person in the last 2 years 
2. Potential red flags that might cause USCIS officers to treat an application with greater scrutiny 
3. Ideas for different types of relationship evidence that may be included
4. Tips for compiling relationship evidence

Disclaimer: Although this article will focus on the kinds of relationship evidence fiancé(e) applicants can provide with their application, it does not provide an exhaustive list of all the documents required to file the I-129F form. You can check the other documentation requirements for fiancé(e) visas here. 

Basic Guidelines

Before detailing examples of relationship evidence people can submit with their fiancé(e) application, here are a few basic guidelines applicants can follow when they are collecting relationship evidence: 

• USCIS expects a variety of evidence to prove the legitimacy of the relationship. Generally, a good benchmark is to provide around 50+ unique pieces of relationship evidence, including 6+ different types of evidence. For examples of relationship evidence, see below. 
• All evidence must be in English, or a Certified English Translation must be provided. You can find out more about providing certified self-translations here.
• Non-photo evidence must include the names of both individuals in order to be considered by USCIS as evidence. For example, if you would like to add proof of money transfers, the screenshots should clearly show both the name of the receiver and the sender. 
• It is important to add as much proof as possible that the couple has met in person in the last 2 years.

IMPORTANT:
USCIS requires that if a couple has not met within 2 years before applying for a Fiancé(e) visa, the applicants need to submit evidence that meeting in person would violate strict and long-established customs of their fiancé(e)’s foreign culture or social practice or would be an extreme hardship on the petitioner.

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Suggestions for Different Types of Relationship Evidence

For many people, it can be difficult to know what kinds of documents count as relationship evidence. The primary goal is to demonstrate to USCIS that the relationship is strong and enduring, that the couple communicates frequently, and that they have sincere plans to marry. However, to help people get started,  we have provided some lists of different types of relationship evidence applicants can consider including with their application below. They are divided into different categories for convenience.

Please note that USCIS recognizes that each couple’s circumstances are different, so not everyone will have the same types of evidence. Applicants are welcome to get creative and add things to their applications that are not on this list. As a reminder, applicants typically experience the greatest success when they provide extensive and varied relationship evidence. As previously mentioned, a good rule of thumb is to provide at least 25-50 unique pieces of relationship evidence that include at least 6+ different types of evidence. 

While USCIS does require people to show evidence of meeting in person for the last 2 years prior to applying for a Fiancé(e) visa, most of the other evidence examples listed below are not mandatory to include. Rather, they are just suggestions to help get people started compiling their evidence. However, to avoid unnecessary delays, we generally recommend providing USCIS with as much evidence as possible to prove your relationship is bonafide.

Note: When gathering proof of spending time together, it is helpful to focus on evidence that shows the length of the relationship, and also that shows that the relationship is public and that friends and family are aware and involved in the couple’s lives.

1. Evidence of having met in person in the last 2 years 

As previously mentioned, USCIS requires applicants to include as much evidence as possible of having met in person in the 2 years prior to filing a fiancé(e) visa application. Here are some examples of evidence that can demonstrate this:

• Photos from the couple’s engagement, getaways, family meals, holidays, etc. List the date and names of the people in the photographs.
• Message history showing the planning, anticipation, and/or excitement surrounding the visit (should ideally show dates and names)
• Flight itineraries and bookings from visiting each other 
• Flight itineraries and lodging bookings from joint vacations or get-aways
• Photos from joint vacations or trips, especially trips abroad to visit relatives. List the date and names of the people in the photographs when possible.
• Tickets to events both the petitioner and beneficiary attended or plan to attend
• Social media posts with time stamps from the time spent together in person
• Engagement pictures and engagement ring pictures.
• A letter describing the details of your last in-person get-together 

2. Proof of Frequent Correspondence 

Showing proof that the couple communicates frequently despite their physical distance is highly recommended. When possible, this evidence should include names and a timestamp showing when the communication occurred. Here are some examples of evidence that can serve as proof of frequent correspondence: 

• Message screenshots (Text, Messenger, WhatsApp, DM’s, etc.)
• Phone logs showing both names 
• Email history between the couple 
• Letters and cards between the couple
• Screenshots/photos from video calls between the couple
• Evidence that the spouses have met or communicated with each other’s parents and relatives, including photographs, letters, cards, emails, messages, etc.
• Records of social media posts and interactions, including screenshots of Facebook pages, Twitter posts, Instagram posts, etc.

3. Evidence of joint financial responsibilities

If available, adding proof of sharing finances can be great evidence to establish a bonafide relationship. However, it can be challenging to have proof of joint finances prior to marriage, and this is not directly required by USCIS. However, here are some examples of evidence that can serve as proof of joint finances: 

• Receipts for engagement rings
• Bank statements for joint bank accounts, if any
• Venmo, CashApp, or wire transfer receipts between the couple that shows both names
• Receipts of joint purchases showing both names 
• Receipts of gifts the couple bought for each other 
• Documents showing joint memberships such as Amazon, Netflix, Hulu, etc.

Applicants are also welcome to add proof of their future wedding plans, such as receipts for wedding attire purchases, proof of looking for quotes related to wedding venues, photographers, rings, and/or other correspondence about the wedding, etc.

4. Affidavits of support

Affidavits of support from family and friends, showing their support for the relationship, can also make great relationship evidence. This article gives an in-depth explanation of what these letters should include, as well as provides several sample letters. The beneficiary and petitioner can also provide their own letters describing their relationship and their love. 

Note: The article linked above has examples of letters for married couples and will need to be slightly adjusted for couples that are engaged but not yet married. 

Warning Signs:

USCIS officers review every application and make decisions on a case-by-case basis. While there is no guarantee that someone will be accepted or denied, the following circumstances may cause an application to receive greater scrutiny from USCIS: 

• A large age disparity between the petitioner and the beneficiary. 
• The inability of the petitioner and beneficiary to speak each other’s language.
• Vast differences in the cultural and ethnic backgrounds of the petitioner and the beneficiary.
• Family or friends are unaware of the relationship.
• The petitioner filed previous petitions on behalf of other intending immigrants, especially previous immigrant spouses.
• Lack of varied and extensive relationship evidence
• The couple has not met in person within the last 2 years before applying for a fiancé(e) visa. 

In situations where one or more of these conditions apply, applicants may consider including as much evidence as possible to help demonstrate the bonafide nature of the relationship and help offset any additional scrutiny. 

Preparing documentation for USCIS

Here are some tips and tricks that can help applicants with preparing relationship evidence to send to USCIS. These tips are not USCIS requirements but can make it easier to organize the evidence and for the USCIS officer to process the application!

• Organize by Evidence Type: Applicants can divide their evidence into sections of photos, money transfers, gifts, receipts, tickets, etc. They can also consider including section breaks or header pages for each evidence type.
• Show Both Names: As much as possible, applicants should make sure that both couples’ names are on all non-photo documents, especially money transfers, travel itineraries, etc. USCIS has to clearly see that both people are connected to each piece of evidence. A good tip is to highlight both names on the documents so that USCIS can clearly identify them.
• Show Dates: When possible, applicants should try to include dates/timestamps on the evidence so that the adjudicating officer can see where the evidence is from.
• Add Captions to Photos: While adding captions to photos and other documents is not required, it can be helpful. For example, adding captions can help explain evidence that is less clear (such as a flight itinerary with only one person’s name on it because they were traveling to visit the other person).

Conclusion:

In conclusion, it is important that US citizens hoping to apply for a Fiancé(e) visa provide a wide variety of relationship evidence that shows they are in a bona fide relationship. As previously discussed, applicants should be prepared to provide evidence of having met within the last 2 years prior to submitting the application to USCIS. Adding other types of evidence, such as the ones listed above, can also help strengthen the application and avoid Requests for Evidence (RFE) letters from USCIS. This evidence should be varied, and it should show an established relationship and intention to marry. Additionally, please note that this article is not a comprehensive list of all documentation needed when filing Form I-129F, Petition for Alien Fiancé(e). If you would like more in-depth and specific feedback from an attorney on the requirements for a fiancé(e) application, our premium fiancé(e) packages include up to three 30-minute consultations with an independent immigration attorney, plus a legal review of your application before you submit it to USCIS.

Hoping to apply for a Fiancé(e) visa? SimpleCitizen is here to help! You can sign up for one of our application packages here, and we will be happy to help guide you through your application. We’re happy you’re here!

The United States Citizenship and Immigration Services (USCIS) assigns a unique identifier called the Alien Registration Number, A-Number, or USCIS Number to non-citizens who are in the United States and have a lawful immigration status. This A-Number, which is a 7, 8, or 9-digit number, helps USCIS keep track of an individual's immigration history and status. It can be found on important immigration documents such as visas, green cards, and Employment Authorization Documents. So, if you're a non-citizen in the United States, your A-Number is an important identifier that helps ensure your immigration information is accurately tracked and managed.

This article aims to provide a clear and comprehensive explanation of what an A-number is and how to find out if you have one. Whether you are seeking to apply for a visa, green card, or citizenship, understanding the role of A-numbers in the immigration process will help you stay informed and better navigate the complex landscape of U.S. immigration.

Where can I find my A-number?

You can find your Alien Registration Number (A-Number) on several immigration documents, such as:

1. Visa Stamp: The A-Number can be located on a visa stamp and is shown as the red number in the lower right-hand corner. If the A-Number on the visa stamp is fewer than 9 digits, a zero is inserted after the “A” and before the first digit to create a 9-digit number.
2. Green Card: If you are a lawful permanent resident, your A-Number will be included on the front of your green card. The USCIS# found on a Permanent Resident card is the A-Number .‍
3. Employment Authorization Document (EAD): If you have been authorized to work in the United States, your A-Number will be included on the front of your EAD. The USCIS# found on a Permanent Resident card is the A-Number .
4. Check previous communications from USCIS: If you have corresponded with USCIS in the past, your A-Number may be included in any communications you received from the agency. This could include an Immigrant Data Summary, USCIS Immigrant Fee Handout, or Form I-797.

What if I have more than one A-Number? 

It's not uncommon for USCIS to issue multiple A-numbers to individuals over time. When completing immigration forms, it's important to list all A-numbers that have been issued. While individuals may have multiple A-numbers, the most recent one issued is typically considered their "primary" A-number and should be used.

Not sure if you have an A-Number? 

If you are still determining whether you have an A-Number or need assistance in finding it, you can contact USCIS customer service for assistance. Call 1-800-375-5283 or visit https://www.uscis.gov/ to use their live chat via Ask Emma. 

If you are a non-citizen or permanent resident, it is possible and completely normal that you do not have an A-Number, and you can leave that part blank in the immigration forms.

Conclusion:

In conclusion, the Alien Registration Number, A-Number, or USCIS Number is an identifier for non-citizens who are in the United States and have a lawful immigration status. If you have been issued an A-number, it is important to keep track of your A-Number(s) and ensure that it is correctly included on all immigration documents. Doing so helps USCIS track and manage your immigration records. If you are unsure whether or not you have been assigned an A-Number, it is recommended to contact USCIS customer service to inquire about your immigration record. 

If you have questions or concerns about your A-Number or any other aspect of your immigration status, we encourage you to reach out to our team of experienced immigration professionals. Our platform provides a comprehensive suite of tools and resources that can help simplify the immigration process and put you on the path to success. 

With SimpleCitizen by your side, you can achieve your immigration goals and build a future in the United States. We may be able to help prepare your immigration application! Get started today. We’re happy you’re here!

The medical exam or Form I-693 (Report of Medical Examination and Vaccination Record) is one of the USCIS-required forms for people looking to apply for a green card/permanent residency in the United States. Since Form I-693 needs to be filled out by a USCIS-approved doctor, there are many things to consider when choosing a doctor. This article will contain basic information for people completing the medical exam from inside the United States. 

This article will help answer the following:

• What is a civil surgeon?
• Where can I find a USCIS-approved doctor close to me?
• Things to consider when choosing a civil surgeon
• When should I get my medical exam done?

Please note that the process differs for those completing the medical exam outside the United States. If you are doing your medical examination from outside the US, please visit this link for more information on the correct medical exam process.

What is a civil surgeon?

The USCIS doctors assigned to perform the immigration medical examination are referred to as “civil surgeons.” Only civil surgeons can perform the medical examinations and fill out and seal Form I-693. It is important to remember that unless a doctor is a USCIS-approved civil surgeon and is part of the list of USCIS-approved physicians, they cannot complete Form I-693 or conduct the medical exam. 

Where can I find a Civil Surgeon close to me?

If you are applying for a Green Card from inside the United States, you can look for a USCIS-approved doctor (Civil Surgeon) near you using your address, state, or zip code with this link. You can also look up doctors by gender and the language they speak.

Things to consider when choosing a civil surgeon:

There are many things to keep in mind as you determine when and where to complete your medical exam and which civil surgeon to choose. Planning ahead and researching can be very helpful, especially for something as time-sensitive as immigration paperwork. Here are a few things to consider before taking the medical exam:

1. Cost of the Medical Exam 

USCIS does not require medical offices to charge a set fee for the medical exam. Rather, each medical office gets to determine the fee it will charge for the medical exam. Typically, the exam can cost anywhere between $175 and $900, though it can be much more at some medical offices. For this reason, calling different doctors and shopping around can be helpful. Additionally, please note that medical exam fees doctors charge do not usually include the cost of vaccinations that applicants may need. Some doctors can provide the necessary vaccinations in-office, so be sure to contact a USCIS civil surgeon for more information.

For a list of the vaccines required by USCIS, click here.  

2. Wait times

Wait times for the medical exam vary and are subject to the availability of the civil surgeon you choose. While some offices are available within a week of scheduling, others may have long delays. Usually, the cheapest medical offices have the longest wait times. This is another reason why it can be helpful to consult multiple doctors when possible. While the medical exam can be a relatively short interaction with the doctor, it is not unusual for it to take two weeks or more for the doctor’s office to complete the required paperwork and mail it to the applicant. This wait time is often impacted by needed vaccinations.

Any Form I-693 that was properly completed and signed by a civil surgeon on or after November 1, 2023, does not expire and can be used indefinitely as evidence to show that the applicant is not inadmissible on health-related grounds. USCIS officers have the discretion to request more evidence or a new or updated Form I-693 if they have reason to believe the applicant’s medical condition has changed since the civil surgeon signed the Form I-693, or that the Form I-693 submitted does not accurately reflect the applicant’s medical condition and the applicant may be inadmissible on health-related grounds. Medical exams completed before November 1, 2023, have a 2-year validity period.

3. Location

As listed above, you can find your closest doctor using this link and your zip code. Please note that the number of civil surgeons available varies by state and location. Planning ahead can be helpful, as some people may be required to travel long distances to complete this exam. 

4. Reviews

There are several ways people can find a doctor that they are comfortable with. Many civil surgeons have reviews on Google that discuss other patients’ experiences. Also, through the USCIS “Find a Civil Surgeon” link, a person can filter doctors by gender and by the language they speak. People can use reviews and these filters to look for options they trust. 

When should I get my medical exam done?

While USCIS previously allowed Form I-485 to be submitted without a complete Form I-693, Report of Immigration Medical Examination and Vaccination Record, they changed that rule as of December 2, 2024, and now require that adjustment of status applicants submit the medical exam at the time of submission of Form I-485.

For applicants who are required to submit Form I-693 or a partial Form I-693 (such as the Vaccination Record for applicants who entered on K visas), USCIS will reject Form I-485 if the completed medical exam is not submitted concurrently with Form I-485, Application to Register Permanent Residence or Adjust Status.

TRANSLATION OF VACCINATION RECORDS:
Some offices require applicants to translate their vaccination records. In some cases, when the USCIS civil surgeon speaks the applicant’s native language, translations may not be needed. However, this can vary from office to office. Please make sure to call and check with the USCIS doctor to determine what documents are translations are needed.

Conclusion

USCIS requires the medical examination (Form I-693) for all people filing for a green card. A USCIS-approved doctor (civil surgeon) must perform the exam and complete the form. The exam can then be submitted with the application or at the moment of the USCIS interview. Please consider the vaccines needed, wait times, and availability of doctor’s offices before scheduling an appointment. It is also important to note that the current USCIS requirement is to send the medical exam with the application. If you have any questions about your medical exam, please feel free to reach out to our live chat or call your Civil Surgeon.

Please visit this article for more information on what to bring to your medical examination, what happens at the exam, and how to send the form. 

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If you’ve ever been an Exchange Visitor on the J-1 visa, you may have heard of the “Two-Year Home Residency Requirement” or 212(e). If you have entered the US on a J-1 visa in the past and now wish to apply for a green card, it’s important to understand that if you were ever subject to this requirement, it could impact your eligibility to apply. The 212(e) requirement can be a bit complex, but in this article, we will help you understand if you are subject to this requirement and what to do.

What is the 212(e) requirement?

The Two-Year Home Residency Requirement, also known as 212(e), promotes cultural exchange by encouraging J-1 Exchange Visitors to return to their home country for two years after they complete their J-1 program. However, this rule only applies to certain categories of people currently in the US on a J-1 visa or who have previously been on a J-1 visa. If someone is subject to 212(e), they are required to return to their home country of citizenship or legal permanent residence and reside there for a cumulative period of two years before they are eligible to:

• Return to the US as a Legal Permanent Resident (green card holder) or
• Return to the US on an H-1B, K, or L visa. 

Being subject to 212(e) also prohibits changing status in the US to any of those visas or applying for Adjustment of Status to Legal Permanent Residency until the conditions of the requirement have been met or a waiver has been issued. 

Who is subject to 212(e)?

The J-1 visa has many different categories - examples of these categories include au pair, exchange student, visiting scholar, visiting physician, work-travel programs, and many more. Some of these categories, like visiting physicians, can automatically cause someone to be subject to 212(e). In contrast, those in other categories may be subject based on meeting at least one of the conditions below during their J-1 program:

• Receiving government funding:  Funding directly or indirectly from either your home country’s government or the U.S. Government. In some situations, funding through a University could count as government funding.
• Receiving funding from an International Organization or Binational Commission: Funding from organizations that receive money from government sources such as the United Nations, NATO, etc.
• Specialized Knowledge or Skill: Having skills or expertise that your country has deemed essential and necessary to the country's development as identified on the Exchange Visitor Skills List.
• Graduate Medical Education (GME) or Training: Visiting the US to obtain graduate medical education or training.

NOTE: It is possible to be subject to the 212(e) in more than one of the above categories.

How do you know if you’re subject to 212(e)?

The visa stamp in your passport and/or a US Consular note on the bottom-left of your original DS-2019 may indicate whether or not you are subject to the 212(e) requirement.

Please note: It is possible to be subject to 212(e) even if it is not indicated on your visa and/or DS-2019. It is also possible that the information on your DS-2019 or visa stamp may be inaccurate. If you have questions about whether you are subject, you can submit a request for an Advisory Opinion to the US Department of State.

What is a waiver of the 212(e) requirement, and can I apply for one?

In some situations, someone subject to 212(e) may be eligible to apply for a waiver of this requirement. When approved by the US Department of State, this waiver removes the 212(e) requirements – this means that someone who was previously subject to 212(e) who is approved for the waiver would no longer be barred from applying for Legal Permanent Residency or any of the other visa types that 212(e) prohibits.

However, please keep in mind that the waiver process can be lengthy, and it may take up to a year or more before a decision is made on your request. Please see the Department of State website for more information about applying for a 212(e) waiver, and click here to see the 212(e) waiver eligibility requirements.

Applying for the 212(e) waiver process can vary depending on your country of citizenship or legal permanent residence and is quite complex. Because SimpleCitizen is a self-service tool and not a law firm, we suggest you contact a licensed immigration attorney about applying for the waiver. The American Immigration Lawyers Association (AILA) is an organization of immigration attorneys. A good way to find an immigration attorney is to use the AILA website. To find an immigration attorney in your area, you can use AILA's lawyer search here. 

For some, 212(e) can be seen as a significant barrier to becoming a Legal Permanent Resident in the US. However, with the guidance of an experienced immigration attorney, many can apply for a waiver of this requirement and pursue their goal of immigrating to the US. For those approved for the waiver already, SimpleCitizen is happy to help you with the next steps of your immigration journey!

Please note: If you are subject to 212(e) and would like to use SimpleCitizen’s services when applying for a green card, your waiver must be approved when you submit your application for review by the network partner attorney. We will unfortunately not be able to review your application if you have only submitted your 212(e) waiver, but it has not been approved yet.

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SimpleCitizen is here to help you achieve the American dream. Safely and accurately apply, submit, & stay on top of your immigration status, from your visa to your naturalization.

Click here to learn more about what we do, our application assistance timeline, and what customers say about SimpleCitizen’s services.

Do you have a question about SimpleCitizen’s application packages? Let’s chat!

Frequently Asked Questions

I would like to fulfill the 212(e) requirement before I apply for a green card. Am I allowed to leave my home country during my two-year home residency? 

Yes! Being subject to 212(e) does not prevent you from traveling from or spending time away from your country of citizenship or legal permanent residence. Remember, 212(e) only prevents you from returning to the US as a Legal Permanent Resident (green card holder) or on an H-1B, L, or K visa until you fulfill the requirement or are approved for a waiver.

If I’m subject to 212(e), can I leave the US and return on another nonimmigrant visa type? 

Yes, you can depart the US and return on another non-immigrant visa type (such as F-1 or B-2). However, this does not remove the 212(e) requirement. Remember, 212(e) only prevents you from returning to the US as a Legal Permanent Resident (green card holder) or on an H-1B, L, or K visa until you fulfill the requirement or are approved for a waiver.

If I’m subject to 212(e), is my J-2 dependent also subject to 212(e)? 

Yes. J-2 dependent status is directly related to the status of the principal J-1 visa holder. If you are on the J-1 visa and subject to 212(e), then your spouse and/or children on the J-2 visa would also be subject to that requirement.

I came to the US on a J-1 visa more than 5 years ago and was subject to 212(e) for that J-1 program. However, I did not depart the US. Am I still subject to 212(e)?

Yes. If you did not reside in your country of citizenship or legal permanent residence for two (cumulative) years, and you do not have an approved 212(e) waiver, you are still subject to 212(e). No matter how long ago you were on a J-1 program subject to 212(e), this requirement will stay in place until you fulfill the requirement or are approved for a waiver.

My visa stamp says I am subject to 212(e), but my DS-2019 doesn’t. Am I subject to 212(e)?

It can be subject to 212(e) even if it is not indicated on your visa and/or DS-2019. It is also possible that the information on your DS-2019 or visa stamp may be inaccurate. If you have questions about whether you are subject, you can submit a request for an Advisory Opinion to the US Department of State.

Last Updated May 25, 2023.

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The main goal of this article is to provide you with the framework for the basic steps involved when applying for a K-1 fiancé(e) visa or a family-based green card through the consular process. For those seeking to bring their fiancé, spouse, or immediate family to the United States, the process can seem daunting. However, obtaining a fiancé(e) visa or a family-based green card through the consular process is possible with the right information. In this article, we will discuss the basic steps involved in applying for a K-1 visa or family-based green card through the consular process. By understanding these steps, you can increase your chances of success and reuniting with your loved ones in the United States.

What is Consular Processing?

The consular process is a way for people from other countries to apply for a US visa from outside the US. The term consulate refers to petitions that originate through a US Embassy or Consulate located in countries outside of the United States. The consular process can differ based on the type of visa you're applying for and your unique situation. Our team at SimpleCitizen is here to help guide you through the process, whether you're applying for permanent residency or a K visa.

The consular process for a family-based green card or fiancé(e) visa is a multi-step process that involves coordination between different government agencies. Those are the US Citizenship and Immigration Services (USCIS) which is a division under the Department of homeland security, and the National Visa Center (NVC), which is a division under the US Department of State. Let’s take a look into what processing looks like for each application type!

Applying for Permanent Residence Through the Consular Process

If you live outside of the United States and are eligible to apply to become a lawful permanent resident, you may be able to do so through the consular process. This process involves applying for an immigrant visa at a US embassy or consulate in your home country or country of residence. If you are approved for an immigrant visa, you can then travel to the United States and become a lawful permanent resident. The green card obtained through the consular process is similar to a green card obtained through adjustment of status within the United States, but the application process is different. In this section, we will provide an overview of the green card application process through the consular process, including the forms and documents required, the interview process, and important considerations for applicants.

1. File Petition through USCIS: The US citizen spouse must file a Form I-130, Petition for Alien Relative, with USCIS to establish the relationship between the foreign national spouse and the US citizen. On average, it can take anywhere from 8-12 months for USCIS to process the I-130. Processing times depend on the number of applications that USCIS has at any given time, and their capacity to review them.
   
2. The petition is Approved: USCIS will review the I-130 petition and, if approved, will notify the petitioner and send the approved petition to the National Visa Center (NVC) for further processing.
   
3. USCIS Transfer Petition to NVC: Once the I-130 petition has been approved, it will be forwarded to the National Visa Center (NVC) for further processing. The NVC will review the application and any necessary supporting documents that have been submitted. Once all required documentation has been received, the NVC will forward the application to the US consulate or embassy in your home country.
   
   During this process, the NVC will also contact the petitioner with instructions on how to set up an account on the Consular Electronic Application Center (CEAC) website. This account will allow the petitioner to keep track of the application status and complete any necessary forms and fees. The NVC will also provide details on which additional steps are needed to proceed with the application.
   
   The timeline for this process can vary, and it may take approximately 1-2 months for USCIS to transfer the petition to the NVC. If you have any questions or concerns about this process, please do not hesitate to contact us for further assistance.
   
4. NVC Forms: Using the online account provided by the NVC, the petitioner must file Form DS-260 and Form I-864 as well as pay the associated fees.
   
5. Schedule Interview and Complete Medical: The interview is scheduled by the US consulate or embassy. The foreign national will be required to attend the consular interview and will need to prepare for the interview by gathering all necessary documents and information, such as a valid passport, police certificates, and evidence of the bona fide nature of the marriage or relationship with the family member. They will also need to complete a medical exam through an approved doctor and bring the results to the interview.
   
   The consulate or embassy will provide instructions on when, where, and how to complete the medical exam. The specifics of what needs to be brought to the interview can vary depending on the consulate/embassy, so be sure to become familiar with the specific requirements of the office conducting the interview.

 
Note: Processing times can vary greatly depending on which Embassy or Consulate is processing the application.

6. Complete Interview: The foreign national will attend a consular interview at the US consulate or embassy in their home country OR in the country where they currently hold residence. During the interview, a consular officer will review the foreign national's application documentation and ask questions to determine the validity of the relationship and the eligibility for a green card.
   
7. Decision Issued: After the consular interview, the consular officer will make a decision on the green card application. If approved, the foreign national spouse will be instructed on how to pay the visa issuance fee and how to obtain the green card. If denied, the foreign national spouse will be notified in writing of the reasons for the denial. Here is what to expect going forward if your visa is approved:
   
   1. The consulate or embassy will place the visa inside your passport. Please verify the information contained both on the visa and on the letter stapled to the package to ensure that the information is correct. If not, please contact the embassy or consulate you are working with. A visa does not guarantee entry into the United States. The Department of Homeland Security, U.S. Customs and Border Protection (CBP) officials have the authority to grant or deny admission.
      
   2. If you receive a sealed packet with your passport, do not open the sealed visa packet. You must carry it unopened to an immigration officer at a port of entry with your passport and valid visa.
      
   3. If your visa has the annotation “IV Docs in CCD,” you will not receive a sealed packet.
      
8. Pay Immigration Fee: Once the immigrant Visa has been granted, the applicant should pay a $220 Immigrant Fee BEFORE entering the US. This fee can also be paid after entering the US but can delay the speed at which the green card is issued.

Note: Government fees are subject to change.

9. Enter the United States: When entering, give the CBP officer the sealed Visa Packet (if available). CBP will inspect and admit you. If admitted, you will have Legal Permanent Resident status. You must arrive in and apply for admission to the United States by the visa expiration date printed on your visa. An immigrant visa is usually valid for up to six months from the date of issuance unless your medical examination expires sooner, which may make your visa valid for less than six months.
   
10. Receive Green Card in Mail: Green card will be sent in the mail as long as you have paid your immigrant fee. It usually takes several months for DHS to process and send the legal permanent resident card to you. In the meantime, the passport stamp permits employment and travel until the card arrives.

Refer to the NVC website for more information on what happens after the interview for those seeking an immigrant visa through the consular process. 

K-1 Fiance Visa Steps

The K-1 fiancé(e) visa is a nonimmigrant visa that allows a foreign national fiancé(e) of a US citizen to enter the United States for the purpose of getting married. Here are the general steps in the K-1 fiancé(e) visa process:

1. File Form I-129F: The US citizen sponsor must file a Form I-129F, Petition for Alien Fiancé(e), with the US Citizenship and Immigration Services (USCIS). On average, it can take anywhere from 8-12 months for USCIS to process the I-129F, though the wait can be longer or shorter at times. Processing times depend on the number of applications that USCIS has at any given time and their capacity to review them.
   

2. USCIS Review: USCIS will review Form I-129F and, if approved, will send the approved petition to the National Visa Center (NVC) for processing. The NVC will provide an application number and send the petition to the US Embassy or Consulate where the fiancé(e) lives. It can take about 1-2 months for USCIS to transfer the petition to the NVC.
   
   The NVC will send a Welcome Letter by e-mail or physical mail. With the information in this letter, applicants can log in to the NVC Consular Electronic Application Center (CEAC) to check their status, receive messages, and manage their application.  

3. NVC Processing: The NVC will review the approved I-129F and, once all necessary documentation has been received, will forward the application to the US consulate or embassy in the foreign national fiancé(e)'s home country. 

4. NVC Forms: Next, the sponsored fiancé must complete the State Department’s online DS-160 Online Nonimmigrant Visa Application and the I-134 Affidavit of Support may be requested.

5. Interview Preparation: The embassy will reach out to the applicant with the scheduled interview time, location, etc. AND instructions on how to complete a medical exam. The foreign national fiancé(e) will be required to attend a consular interview and will need to prepare for the interview by gathering all necessary documents and information, such as a valid passport, police certificates, and evidence of the bona fide nature of the relationship.
   
   1. The US Embassy or Consulate will provide instructions regarding medical examinations, including information on authorized panel physicians. See Medical Examination for more information.

6. Consular Interview: The foreign national fiancé(e) will attend a consular interview at the US consulate or embassy in their home country (or country of current legal residency). During the interview, a consular officer will review the foreign national's application and ask questions to determine the validity of the relationship and the eligibility for a K-1 visa.

7. Decision Issued: After the consular interview, the consular officer will make a decision on the K-1 visa application. If approved, the foreign national fiancé(e) will be instructed on how to pay the visa issuance fee and how to obtain the visa. If denied, the foreign national fiancé(e) will be notified in writing of the reasons for the denial. ‍
8. Application for Permanent Residency: After the marriage, the foreign national spouse needs to apply for permanent residency by filing Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS. 

Here is what to expect going forward if your visa is approved:

1. If you are issued a K-1 visa, the Consular Officer will give you your passport containing the K-1 visa and a sealed packet containing the civil documents you provided, plus other documents prepared by the US Embassy or Consulate.
2. With your visa, you can apply for a single admission at a US port-of-entry during the validity of the visa, which will be a maximum of 6 months from the date of issuance.
   
3. Enter the United States: Upon arrival in the US, the foreign national fiancé(e) must marry the US citizen fiancé(e) within 90 days of entering the country.
   
   Please be aware that K-1 and K-2 nonimmigrant status automatically expires after 90 days and cannot be extended. However, if married after the 90-day period, the couple may file a Form I-130, Petition for Alien Relative. 

Conclusion

The consular process is a key part of the journey for those who are eligible and wish to come to the United States. The process includes several important steps, like filling out a visa application, having a consular interview, and getting your visa. Depending on the type of visa you're applying for, and your personal circumstances, the steps involved may vary. But don't worry; the consular process is designed to make sure you're eligible for a US visa and that your time in the US follows all immigration laws. With the help of helpful organizations like SimpleCitizen, the consular process can be a breeze!

Planning to apply for a K-1 visa to bring your fiancé to the United States through the consular process? Consider using SimpleCitizen to help you prepare your application.

Already have a K-1 visa and now looking to file a green card application? We can help with that too! Learn more about our package offerings here!

The main goal of this article is to give you information about the risks and consequences of working in the United States without proper authorization. We will also explain some potential options for people in the United States working without authorization. 

Working in the United States without proper authorization is generally not allowed, and people who are working without authorization or overstaying their visas may face serious consequences. However, some family members of US citizens seeking a green card through marriage may have certain exceptions or options. Please note that this article is not a substitute for legal advice. There are possible repercussions if you work in the United States without proper authorization. It is a good idea to talk to an immigration attorney or other qualified immigration professional to learn more about your options and the risks and consequences of your situation. 

Authorization within the Context of USCIS Immigration 

If you are planning to work in the United States, it’s essential to understand the concept of work authorization. Work authorization refers to the legal permit required for foreign nationals or non-citizens to work in the United States. Different types of visas offer different levels of employment authorization, so it’s essential to understand what kind of work you are allowed to do based on your visa type. 

Authorized work is any work done with current, valid work authorization. Unauthorized work is any work done when someone does not have current, valid work authorization or work outside the scope of their work authorization. The US government grants work authorization through various visa programs, such as the H-1B program for skilled workers and the E-2 program for investors. If you are interested in working in the United States, it may be worth exploring these options to see if you are eligible. 

For example, an F-1 visa and a J-1 visa are two types of visas that allow foreign nationals to come to the United States temporarily. They have different purposes and restrictions, though. 

Take the time to learn about your specific work authorization and its privileges and restrictions.

Accepting Unlawful Employment while in the US

Accepting unlawful employment violates US immigration laws and can have severe consequences, including being barred from applying for a green card or permanent resident status. If someone is considering accepting unlawful employment in the United States, they can consult with an immigration attorney or other qualified immigration professional. They can help you understand the potential risks and consequences of this action and advise you on any possible options that may be available to you.

There are certain situations where USCIS may grant forgiveness for unauthorized employment. For example, the Violence Against Against Women Act (VAWA) protects specific individuals who have experienced abuse or violence at the hands of a US citizen, permanent resident spouse, or parent. Additionally, certain military service members and their families may be eligible for forgiveness for unauthorized employment.

If you are in the United States on a visa and have overstayed your visa, or if you have worked without authorization, you may be able to adjust your status to a lawful permanent resident (also known as getting a green card). However, this is not the case for all immigrants, as the eligibility to be forgiven for unauthorized work only applies to immediate family members of US citizens seeking a green card through marriage.

View the screenshot below for more information about these exceptions to the adjustment bars. Please click here to read more on the USCIS website.

Working Without Authorization

It is not legal to work in the United States without proper authorization. If you are in the United States on a nonimmigrant visa, such as a tourist visa, you are not allowed to work while you are in the country. If you are found to be working without authorization, you could face serious consequences, including deportation.

It is also important to note that specific programs may allow you to work in the United States legally, such as the H-1B visa program for skilled workers and the E-2 visa program for investors. If you are interested in working in the United States, it may be worth exploring these options to see if you are eligible.

If you are considering applying for a green card and have worked without authorization, keep in mind that failing to disclose this information or providing false information on your application can have severe consequences and may result in USCIS denying your application or your deportation.

It is also important to note that falsely claiming US citizenship or permanent residency to work is a severe violation of immigration laws and can have serious consequences. Suppose you have used false documents or made false claims to work. In that case, it is strongly advised that you consult with an immigration attorney or other qualified immigration professional as soon as possible. They can help you understand the potential risks and consequences of these actions and advise you on any potential options available.

Overall, it is vital to understand the legal requirements for employment in the United States and to follow the proper procedures to ensure that you can work legally. As previously discussed, some of these requirements can be visa-specific, meaning that you should ensure that you are familiar with the roles of your specific visa type. 

SimpleCitizen can assist you and offer you peace of mind in adjusting your status or applying for a green card. Find out more here.

Wondering if you can travel outside the US using a dual-intent visa while your green card application is pending? Here, we will outline the options, regulations, and potential risks for traveling when you have a dual-intent visa. This article will review traveling and reentering the US on a dual-intent visa, which visa types allow for reentry into the US while a green card application is pending, and applying for Advance Parole while on these visa types.

For information on traveling abroad while on other nonimmigrant visa types, please click here.

Non-Immigrant Visa and Immigrant intent

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To receive approval for a non-immigrant visa (such as B-2, F-1, J-1, etc.), a visa applicant must prove to the consular officers at the US Embassy or Consulate that they only plan to stay in the US temporarily on that visa. In addition, they must show that they do not have any plans to stay in the US and become a permanent resident. They must prove that their reasons for applying for that visa match the defined purpose of that visa, such as visiting for no more than 60 days, studying to complete a degree, or completing a 1-year Au Pair program.

Immigrant visas, such as K-1, CR1, and IR1, allow the applicant to immigrate to the US. With these visas, the applicant does not have to have any plans to depart the US once they arrive. They will need to prove to the consular officers that they intend to move to the US permanently.

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What is a “dual-intent” visa?

Dual-intent visas, such as H-1B, K-1, and L, allow for both immigrant and nonimmigrant intent when entering the US. Someone who enters the US on a dual-intent visa for a temporary stay is less likely to be scrutinized if they also plan to immigrate to the US.

Though they have dual intent, K-1 visas only offer a single entry into the US - once a K-1 visa has been used to enter the US, it cannot be used to travel outside the US and reenter again on the same K-1 visa.

Please note that the O-1 visa is also considered to be a dual-intent visa; however, the travel restrictions for O-1 are a bit different from H-1B, K-1, and L visas. Please continue reading for more information about O-1 travel information.

Can I travel outside the US after I submit my green card application?

Someone on a nonimmigrant visa cannot travel and reenter the US while their green card application is pending without approved travel authorization (Advance Parole). However, in many cases, someone who is on a dual-intent visa can travel and reenter the US on that visa. They do not need Advance Parole to return to the US after a brief trip (less than 6 months).

Please note, however, that someone who does not have a valid, unexpired visa stamp in their passport for their dual-intent visa must apply and be approved for that visa at a US Embassy or Consulate abroad before being authorized to reenter the US. 

Why do I need a Visa Stamp?

Once someone has applied for a dual-intent visa type like H-1B while inside the US through the “change of status” process, they will receive an I-797 Approval Notice from USCIS once their change of status is approved.

The I-797 Approval Notice will show that their H-1B status has been approved and that they are authorized to work for the employer who sponsored that visa. However, if they travel with this document alone, they may find themselves stuck outside the US when Customs and Border Protection (CBP) inspects them at the airport. CBP does not accept I-797 Approval Notices for reentry into the US. For this reason, the dual-intent visa holder must obtain a visa stamp at the US Embassy or Consulate abroad to return to the US on a dual-intent visa.

It is essential to plan if you do not have a dual-intent visa stamp on your passport. If you plan to take a short, week-long trip abroad, you may not have enough time to receive your visa stamp before returning. Remember that many US embassies/consulates have ‘busy’ seasons around holidays, so securing your appointment before travel can help you save time.

For example, if someone in the US applied for a Change of Status from the F-1 visa to H-1B and their Change of Status was approved, they would not have an H-1B visa stamp in their passport. An I-797 Approval Notice from USCIS is insufficient for reentry into the US.

Likewise, if someone has an expired H-1B visa stamp in their passport but extended their H-1B while in the US, they would also need to apply for a new visa stamp to reenter the US on H-1B while their green card application is pending.

Please remember that each entry into the US is at the discretion of the CBP officer who inspects you at the border - there is never a guarantee that you will be allowed entry. However, the risk of being denied entry is low if you have the proper documentation (e.g., your valid, unexpired passport and unexpired H1B visa stamp).

Should I apply for Advance Parole if I have a dual-intent visa?

If someone is on a dual-intent visa, like H-1B, and they submit Form I-131 for Advance Parole with their green card application, they would be able to use that travel authorization once approved. Doing so can be helpful in situations where their H-1B expires or they fall out of status on that visa. There are some things to be aware of for those in the United States dual-intent visas when they apply for Advance Parole:

• If someone travels and re-enters the US on their dual-intent visa while their Form I-131 is still pending, their Form I-131 is likely to be denied for abandonment. 
• If someone plans to maintain their dual-intent visa status, but travels and re-enters the US on their Advance Parole instead of their visa, then the government will cancel their visa, and they will no longer have that status in the US. They will be “paroled” into the US rather than entering on their visa.

I am on an O-1 visa - can I travel while my green card application is pending?

While an O-1 visa is a dual-intent visa, it does not have the same travel benefits as other dual-intent visas like H-1B and L. If someone on an O-1 visa and has a pending green card application travels outside the US, their green card application is very likely to be denied for abandonment. For this reason, traveling outside the US on an O-1 without an approved Advance Parole is not recommended. Also, be aware that, as with other visa types, if someone enters the US on Advance Parole instead of the O-1 visa, USCIS would cancel the visa, and they would no longer have O-1 status in the US. When the government cancels the visa, they would also lose the work authorization that the visa provides. 

Related Articles: 

• Can I travel if I don’t have a dual-intent visa? Click here for more information about traveling while your green card is pending and applying for Advance Parole.
• Can I travel after my green card has been approved? Click here to learn more about traveling on your approved green card.

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Introduction: 

Immigration terms can be hard to wrap your head around – especially when you are just starting your immigration journey. To assist you with this, we have compiled some of the most commonly used USCIS terms and their definitions. For a more extensive list of Immigration terms and their definitions, please refer to the USCIS Glossary. 

Terms:

A

A-Number/Alien Registration Number/Alien Number (A-Number or A#)

An A-number is an unique seven-, eight- or nine-digit number assigned to a noncitizen by the Department of Homeland Security, used for identification purposes. Also see USCIS Number.

Most people aren’t granted an A-number until they file for a green card, so if you don’t have one yet, don’t worry. However, one exception to this is that students on F-1 visas who are granted work authorization are likely to be assigned an A-number on their EAD card, when issued. 

Once you apply for a green card, your A#-number should be listed on all of the documents sent to you by USCIS, including the I-797 notices. 

Pro Tip: USCIS will sometimes assign out multiple A#s to an applicant during the immigration process. Be sure to record all A-numbers in a safe place. 

Adjustment of Status

Adjustment of Status is the process that you can use to apply for lawful permanent resident status (also known as applying for a Green Card) when you are present in the United States. This means that you may get a Green Card without having to return to your home country to complete visa processing. (Please note that this is different from a Change of Status). 

Typically, one would need to submit Form I-485 in order to file to adjust their status. 

For more information on Adjustment of Status, please see the following resources:

1. What is Adjustment of Status 
2. Form I-485 Step-by-Step Instructions
3. Maintaining H-1B Visa vs Using Adjustment of Status Work and Travel Permit
4. What Evidence Must you Provide with Form I-485?

Affidavit

An affidavit is a document in which a person gives facts, and swears that the facts are true and accurate.

For an example of a type of affidavit, see the following article. 

Arrival-Departure Record (Form I-94/I-94A)

The Arrival and Departure Record is the I-94, in either paper or electronic format, issued by a Customs and Border Protection (CBP) officer to foreign visitors entering the United States. As of April 30, 2013, most Arrival and/or Departure records are created electronically upon arrival.

For more information, see the following USCIS webpage.

To look up your more recent Form I-94 and/or Travel Record, see the following webpage. 

B

Beneficiary

A Beneficiary is an individual who is sponsored by a relative or a business, or has self-petitioned for an immigration benefit. They can also be referred to as the applicant or the intending immigrant. 

For example, if a US citizen spouse is hoping to sponsor their spouse for a green card, the spouse needing a green card would be the beneficiary. 

C

CBP

An abbreviation for U.S. Customs and Border Protection, an agency of the Department of Homeland Security that is responsible for securing the homeland by preventing the illegal entry of people and goods while facilitating legitimate travel and trade.

Certificate of Citizenship

This is an identity document proving U.S. citizenship. Certificates of Citizenship are issued to derivative citizens and those who acquired U.S. citizenship..

Certificate of Naturalization

A certificate given at the oath ceremony. It serves as evidence of your citizenship. 

Civil Surgeon

A Civil Surgeon is a medically trained and licensed physician having no less than 4 years’ experience who is designated by USCIS to perform immigration medical exams in a state where the physician is licensed and practicing medicine. 

Civil surgeons practice within the United States. If you are completing your medical exam outside of the United State, you would go through what is called a Panel Physician. Information about Panel Physicians and which ones can be used is provided by the Consulate/Embassy processing the application. 

IMPORTANT: Medical examinations will not be recognized if they are given by a doctor in the U.S. who is not a civil surgeon. Please make sure that your appointment is with a civil surgeon, or your results and documents will be invalid.

For more information on the medical exam within the United States, see the following article. 

Find a Civil Surgeon near you here. 

Conditional resident

Any alien granted permanent resident status on a conditional basis (for example, a spouse of a U.S. citizen or an immigrant investor) who must petition to remove the conditions of their status before the second anniversary of the approval date of their conditional status.

See the following articles to learn more about Removing Conditions from a Conditional Permanent Resident card. 

• 5 Tips for Removing Conditions After a Divorce
• What happens after submitting your I-751 – Petition to Remove Conditions?
• Form I-751 & How to Prove Your Marriage is Legitimate

D

Duration of Status (D/S)

Duration of Status (D/S) is a notation on certain nonimmigrant Forms I-94 indicating that a person, such as an F-1 nonimmigrant student, is authorized to remain in the United States as long as they maintain a valid status. In other words, for the duration of their status. 

E

Employment Authorization Document (Form I-766/EAD)

A general term used to describe a card USCIS issues on Form I-766, Employment Authorization Card, to aliens who are authorized to work in the United States. The card contains a photograph of the individual and sometimes his or her fingerprint. An alien who has an EAD usually has open-market employment authorization, but there are exceptions.

To learn more about EAD’s, see the following articles: 

• Form I-765 EAD Step by Step Guide
• What is an EAD or OPT?
• Submitting an Expedite Request for the Employment Authorization Document (EAD)

F

F-1 Nonimmigrant Student

A person who has been admitted to the United States as a full-time academic student at an accredited college, university, seminary, conservatory, academic high school, elementary school or other academic institution, or in a language training program. The student must be enrolled in a program or course of study that culminates in a degree, diploma or certificate, and the school must be authorized by the U.S. government to accept international students.

To learn more about F1 Visas, see the following Articles: 

• F1 Student Visa
• How Do I Apply For an F1 Visa?
• Can I change my F1 status to another non-immigrant status?
• What documents do I need in order to apply for an F1 visa?
• How long can I stay in the U.S. on an F1 visa?
• Can I work while in the United States on an F1 Visa? 
• What are my employment options as an F1 Visa holder?
• Can I travel abroad while I am in the United States on F1 status?

Field office

Field offices are offices within a USCIS district that provide services and enforcement functions for a particular portion of the district.

Please note that applicants are assigned a specific field office depending on their physical address. USCIS does not allow for people to request specific field offices.  

Use this link to find the field office nearest to you. 

G

Green Card

A green card is also known as a Permanent Resident Card, Form I-551, or alien registration card. USCIS issues Green Cards to aliens as evidence of their lawful permanent resident status in the United States. For Form I-9, it is acceptable as proof of identity and employment authorization. Although some Green Cards do not have an expiration date, most are valid for 10 years. Cards issued to individuals with conditional permanent resident status are valid for two years.

To find out if you are eligible to apply for a Green Card, you can use our Eligibility Quiz Here. 

I

Immediate Relative

USCIS offers specific protections or exemptions for the immediate relatives of US Citizens. Immediate relatives refer to the nature of the relationship between the petitioner and the beneficiary and includes the following relationship types:

• The spouses of U.S. citizens,
• The children (unmarried and under 21 years of age) of U.S. citizens,
• The parents of U.S. citizens at least 21 years old, and
• Widows or widowers of U.S. citizens if the U.S. citizen filed a petition before his or her death or if the widow(er) files a petition within 2 years of the citizen’s death.

Any other relationship type would not be considered to be an immediate relation. Examples of these other relationships include, but are not limited to, the following examples: 

1. The aunts or uncles of U.S. Citizens 
2. The Cousins of U.S. Citizens
3. The siblings of U.S. Citizens 

L

Last name

Family name or surname.

Lawful Permanent Resident (LPR)

Any person not a citizen of the United States who is living in the U.S. under legally recognized and lawfully recorded permanent residence as an immigrant. Also known as “permanent resident alien,” “resident alien permit holder,” and “Green Card holder.”

M

Maiden name

A woman’s last name or family name at birth, before she married.

Mailing Address

The address where you would like to receive written correspondence from USCIS.

N

Naturalization

Naturalization is the manner in which a person not born in the United States voluntarily becomes a U.S. citizen.

To learn more about Naturalization and the N-400, see the following articles: 

• How to Become a United States Citizen
• Applying for U.S. Citizenship: 10 Most Common Questions
• What Happens After Submitting Your Form N-400?
• 4 Common Reasons Citizenship Applications are Denied
• How to Apply for Citizenship while Serving in the United States Military
• What is “Good Moral Character?”

To find out if you are eligible to apply for Citizenship, use our Eligibility Quiz here.

P

Permanent resident

See Lawful Permanent Resident.

Permanent Resident Card (Form I-551)

Also known as a Green Card or alien registration card, this card is issued by USCIS to aliens as evidence of their lawful permanent resident status in the United States. For Form I-9, it is acceptable as proof of identity and employment authorization. Although some Permanent Resident Cards contain no expiration date, most are valid for 10 years. Cards held by individuals with conditional permanent resident status are valid for two years.

Petitioner

A petitioner is a person who files an immigration petition or application on behalf of the beneficiary/intending immigrant.

For example, if a US citizen spouse is trying to get their spouse a green card, the US citizen spouse would be the petitioner and their spouse would be the beneficiary. 

Processing Times

Processing times are an estimate of how long it will take to process your case from start to finish. Each case is different, so some cases may take longer than others to process. These processing times tend to be form- and location-specific. You can find our average processing times on the USCIS website. If you use your receipt number to check your case status, please remember that USCIS will only research your case if it is beyond their current processing times.

To look up the current processing times for your assigned field office, go to the following webpage. 

R

Re-entry Permit

Permanent or conditional residents should apply for a re-entry permit if they will be outside the United States for one year or more. A valid re-entry permit allows you to apply for admission to the U.S. without having to get a returning resident visa from a U.S. Embassy or Consulate.

Receipt Number

The receipt number is a unique 13-character identifier that USCIS provides for each application or petition it receives. The agency uses it to identify and track its cases.

The receipt number consists of three letters-for example, EAC, WAC, LIN, SRC, NBC, MSC or IOE-and 10 numbers. You can find it on I-797 notices of action (also known as receipt notices) USCIS has sent you via the mail or digitally to your USCIS account.

Request for Evidence (RFE)

USCIS may send you a request for additional evidence if:

• You did not submit all the required evidence;
• The evidence you submitted is no longer valid; or
• The officer needs more information to determine your eligibility.

This request is placed by sending the applicant or petitioner a letter detailing what is being requested and when it needs to be submitted by. 

S

Service centers

Service centers only adjudicate applications that individuals have mailed, filed electronically, or filed with a USCIS Lockbox. Service centers do not provide in-person services, conduct interviews, or receive walk-in applications or questions. USCIS has five service centers: California, Nebraska, Potomac, Texas, and Vermont.

Sponsor

In the immigration field, the term “sponsor” often means to bring to the United States or “petition for.” 

Another meaning of the term “sponsor” is a person who completes Form I-864, Affidavit of Support Under Section 213A of the Act. However, this type of sponsorship is not the first step in any immigration process. 

U

U.S. Citizenship and Immigration Services (USCIS)

USCIS is a federal agency in the Department of Homeland Security that oversees lawful immigration to the United States. Its functions include:

• Granting employment authorization to eligible aliens;
• Issuing documentation of alien employment authorization;
• Maintaining Forms I-9; and
• Administering the E-Verify employment eligibility verification program.

USCIS Number

A USCIS Number is a unique, 9-digit number assigned to a noncitizen by the Department of Homeland Security that is listed on the front of Permanent Resident Cards (Form I-551) issued after May 10, 2010. See also Alien Number.

USCIS Online Account Number

Your USCIS Online Account Number (OAN) is a unique identification number issued by the USCIS online filing system account. You should have one account number for all cases submitted.