On November 7, 2024, a federal district court in Texas struck down the Biden Administration’s Keeping Families Together parole in place program. The ruling comes after the court’s earlier temporary halt to the program. The Biden Administration may appeal the decision. We will provide an update once more information is available.

The White House and the Department of Homeland Security (DHS) have announced an important new detail about the Biden Administration’s Parole in Place (PIP) program for undocumented spouses of U.S. citizens. 

Starting August 19, 2024, eligible applicants can apply.

Details about how to apply, including forms and fees, will be available soon and announced in the Federal Register.

Who Can Apply?

You may qualify for the PIP program if you:

• Are in the U.S. without legal permission
• Are married to a U.S. citizen as of June 17, 2024
• Have been in the U.S. continuously for at least 10 years by June 17, 2024
• Have no serious criminal history or security concerns
• Meet other requirements set by DHS

If you qualify, you will get up to three years to adjust status and apply for a green card. During this time, you will have work authorization and be protected from deportation.

Children of Eligible Spouses

Some children of eligible spouses may also qualify for PIP if:

• They are in the U.S. without legal permission
• They are the stepchild of a U.S. citizen as of June 17, 2024
• They are unmarried and under 21 years old
• They were under 18 when the marriage creating the stepchild relationship occurred

Preparing Your Application

Even though you can’t apply until August 19, you can start gathering supporting documents now:

Spouses of US Citizens should gather:

• Proof of marriage to a U.S. citizen (like a marriage certificate)
• Proof of identity (like an old driver’s license, birth certificate, or passport)
• Proof of your spouse’s U.S. citizenship (like a passport or birth certificate)
• Proof that you have been in the U.S. for at least 10 years (like rent receipts, school records, or tax returns)

The following supporting documents will be helpful proving a PIP spouse’s relationship to a child:

• Proof of the child’s relationship to the noncitizen parent (like a birth certificate)
• Proof of the noncitizen parent’s marriage to the U.S. citizen
• Proof that the child has been in the U.S. as of June 17, 2024

Important Information

USCIS will not accept applications before August 19. More details about forms and fees will be available soon. Beware of scams that might attempt to take advantage of you and your family.

We're happy you're here - and we've got your back!

While the policy changes are still in the early stages, we are monitoring USCIS updates and the media so you do not have to. The moment something changes and things become official, we will let you know. Thanks for your interest in SimpleCitizen. We make the immigration process simple. We’re happy you’re here!

On November 7, 2024, a federal district court in Texas struck down the Biden Administration’s Keeping Families Together parole in place program. The ruling comes after the court’s earlier temporary halt to the program. The Biden Administration may appeal the decision. We will provide an update once more information is available.

The new Parole in Place (PIP) program is launching this summer, providing a pathway for certain undocumented immigrants to remain in the United States legally. The program was just announced but it you might have the following questions:

• What are the requirements for Parole in Place?
• How do I apply for Parole in Place?
• What documents do I need to apply for Parole in Place?
• How long will it take for my Parole in Place application to be approved?
• With Parole in Place can I apply for a Green Card?

USCIS has not released information on some of those questions but in this article we will walk you through two specific and important questions: What are the Requirements for Parole in Place and What Documents Do I Need for Parole in Place?o be eligible, applicants must meet specific requirements. We will tell you everything you need to know.

We will walk you through each of the requirements and then each of the documents that you can submit to show that you are eligible for each requirement.

Parole in Place Eligibility Requirements

1. Current Presence in the United States Without Admission or Parole: You must currently be in the U.S. without having been formally admitted or paroled into the country.
2. Continuous Presence in the United States for at Least 10 Years as of June 17, 2024: You must have lived in the U.S. continuously for at least 10 years by June 17, 2024.
3. Legally Valid Marriage to a U.S. Citizen or Qualifying Stepchild of a U.S. Citizen as of June 17, 2024: You must be married to a U.S. citizen or be a qualifying stepchild of a U.S. citizen as of this date.
4. No Disqualifying Criminal History or Threat to National Security/Public Safety: You must have a clean criminal record and pose no threat to national security or public safety.

Documents Needed to Apply for Parole in Place: Supporting Evidence

To prove your eligibility, you will need to provide various documents. Here’s how you can show you meet each requirement:

1. Continuous Residence in the US for Ten Years

• Lease Agreements or Mortgage Statements for the Past Ten Years: These documents show where you have lived and for how long.
• Bank Statements Showing Regular Transactions Over the Past Ten Years: Regular transactions on bank statements can show that you have been living and working in the U.S. continuously.
• Employment Records, Including Pay Stubs and W-2 Forms, for the Past Ten Years: These documents prove your work history and can show a continuous presence in the country.
• School Records for Any Children Listing the Parent and Address of Records: If your children have been attending school, their records can provide proof of your continuous residence.
• Medical Records Showing the Applicant's Name and Address Over the Past Ten Years: Regular medical visits documented in medical records can help prove your presence in the U.S.
• Insurance Policies (Health, Auto, Home) Listing the Applicant's Name and Address: These policies can show that you have been maintaining insurance in the U.S., indicating continuous residence.
• Income Tax Returns Filed for the Past Ten Years: Filing taxes regularly can be strong evidence of your presence and work history in the U.S.
• Affidavits from Neighbors, Landlords, or Community Members: Signed statements from people in your community who can attest to your residence over the past ten years can also be very helpful.

2. Proof of a Lawful Marriage to a US Citizen Spouse

• Marriage Certificate: This is the primary document that proves you are legally married.
• Joint Bank Account Statements: These can show that you share financial responsibilities with your spouse.
• Joint Utility Bills: Utility bills in both names show that you live together.
• Joint Lease or Mortgage Documents: These documents can prove that you live together and share housing costs.
• Joint Tax Returns: Filing taxes together shows financial unity and a valid marriage.
• Birth Certificates of Any Children Born to the Couple: These can further show the legitimacy of your marriage.

3. Proof of the Spouse's US Citizenship

• US Birth Certificate: This shows that your spouse was born in the United States and is a citizen.
• Certificate of Naturalization: If your spouse became a U.S. citizen through naturalization, this certificate will prove their status.
• Certificate of Citizenship: This can be used to prove your spouse's citizenship if they were born abroad to U.S. citizen parents.
• Consular Report of Birth Abroad: This document shows that your spouse was born abroad to U.S. citizen parents and is therefore a U.S. citizen.
• US Passport: A valid U.S. passport is strong evidence of U.S. citizenship.

These documents are examples of some of the evidence that will help make sure that you have a strong application that can potentially avoid any delays from USCIS processing. Like all US immigration applications, it is important to submit all of the required documents and following these examples will help you build a strong case for your eligibility for the Parole in Place program. Make sure to keep your records organized and submit copies of everything required. Want to learn more about the Parole in Place program? Check out this Fact Sheet Published by the US Department of Homeland Security.

Get A Head Start on PIP

By gathering these types of documents now you will be well prepared to start filling out your PIP application as soon as USCIS releases details and makes the application process available later this summer. Thanks for your interest in SimpleCitizen. We make the immigration process simple. We’re happy you’re here!

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As the government announces more details about these policy changes we’ll keep you updated. Sign-up below to receive emails and helpful information from us as it becomes available.

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On November 7, 2024, a federal district court in Texas struck down the Biden Administration’s Keeping Families Together parole in place program. The ruling comes after the court’s earlier temporary halt to the program. The Biden Administration may appeal the decision. We will provide an update once more information is available.

The USCIS Military Parole in Place Program Can Help You Understand What to Expect From Biden’s PIP Program Later this Summer

There have been a lot of immigration announcements over the past few weeks. Former President Trump recently announced that if he wins the election in November he would like to automatically grant students who graduate from U.S. colleges and universities a green card. Before that,  the Biden administration announced a new parole in place (PIP) program that will create a pathway to green cards and citizenship for certain undocumented spouses (and stepchildren) of U.S. Citizens. These developments can be a lot to follow, but don’t worry we have got you covered. You can research and compare the approaches from Trump and Biden by reading this previous article.

Whether you prefer former President Trump or President Biden’s approach there is no denying that the upcoming Biden PIP program represents an exciting and impactful opportunity for immigrants to strengthen the unity of their families. And we want to provide you with as much information as we can to help you navigate the Biden administration’s PIP application process when it becomes available.

Biden PIP Program Eligibility

Previously, we published articles that discuss what we know about the Biden program so far and what types of evidence USCIS will probably be looking for from applicants to prove their eligibility. If you have not yet read those articles, feel free to catch up with us. In the meantime, here is a quick list of what we know the eligibility requirements will be for the Biden PIP program based on the best information available from USCIS right now:

1. Current Presence in the United States Without Admission or Parole: You must currently be in the U.S. without having been formally admitted or paroled into the country.
2. Continuous Presence in the United States for at Least 10 Years as of June 17, 2024: You must have lived in the U.S. continuously for at least 10 years by June 17, 2024.
3. Legally Valid Marriage to a U.S. Citizen or Qualifying Stepchild of a U.S. Citizen as of June 17, 2024: You must be married to a U.S. citizen or be a qualifying stepchild of a U.S. citizen as of this date.
4. No Disqualifying Criminal History or Threat to National Security/Public Safety: You must have a clean criminal record and pose no threat to national security or public safety.

Now, let’s compare the USCIS military PIP program with what we know about the Biden administration’s recently announced effort to establish a PIP program for certain undocumented individuals with a qualifying relationship with a U.S. citizen.

Military PIP Program vs. Biden PIP Program Comparison Chart

In our earlier article we suggested that the current military PIP program may be the best example of what the Biden administration’s new PIP program might look like. Below, we have provided a comparison chart so you can more easily understand the differences of the two programs and better anticipate what the Biden PIP program will look like when more details are released later this year (hopefully this summer).

Question About PIPMilitary Parole in Place ProgramBiden Parole in Place ProgramIs there a required length of residence in the United States?No. There is no residency requirement for military PIPYes. Spouses of U.S. Citizens need 10 years of continuous residence as of June 17, 2024.For stepchildren, we do not yet know if there will be a residence requirement.What type of relationships to a U.S. citizen qualify?Spouses, children, and parents of a U.S. citizen or lawful permanent residents U.S. service member (active-duty, veteran, or select reserve of the ready reserve) qualify.Spouses and children (including stepchildren) of U.S. Citizens only. The spouse and children must have a qualifying relationship as of June 17, 2024.(Today it is unclear if standalone stepchildren will be able to apply independently, or if stepchildren will be able to apply only after a parent receives PIP first.)By what date must an applicant be married to a US Citizen to qualify? There is no deadline for when a qualifying relationship must be established to apply for military PIP.The marriage must have happened on or before June 17, 2024.What is the time period to apply for adjustment of status once parole is issued?There is no defined time-period to apply for adjustment of status after receiving military PIP approval. However, best practice is to apply within one-year of approval. According to the information available today, successful Biden PIP applicants will have 3 years to adjust status.What are the fees to apply?There are no fees to apply for military PIP.There will be an application fee, but details have not yet been released.Is employment authorization available?Yes.Yes. Successful applicants will qualify for 3 years of employment authorization. Is favorable exercise of discretion by USCIS required?Yes. USCIS must exercise favorable prosecutorial discretion. Yes. USCIS must exercise favorable prosecutorial discretion. Can applicants apply if they are in removal proceedings?No. Military PIP applicants in removal proceedings must first obtain prosecutorial discretion before applying. Yes, but only if they are not an enforcement priority as determined by law enforcement agencies.

**The above chart is based on the most current information available about the above discussed programs as of June 27, 2024. As more details are released program qualifications and eligibility requirements may change.**

What does this mean for immigrants?

Right now, USCIS has not released many details about the Biden administration’s PIP process. As more information becomes available we will definitely share it with you. In the meantime, it is a good idea for immigrant’s who think they might want to apply for PIP to anticipate what this program might look like once it is up and running. The military PIP program is probably the best example available. Additionally, if you think you might want to apply for PIP later this summer when the application process opens up, be sure to start collecting your supporting documents now so that you are positioned to act quickly and put your best foot forward. To help you with that we put together a list of supporting documents you will want to have ready to prove your eligibility.

We're happy you're here - and we've got your back!

While the policy changes are still in the early stages, we are monitoring USCIS updates and the media so you do not have to. The moment something changes and things become official, we will let you know. Thanks for your interest in SimpleCitizen. We make the immigration process simple. We’re happy you’re here!

The processing times for Form I-751, Petition to Remove Conditions on Residence, can be long, often taking 1-2+ years for USCIS adjudication. These long processing times can mean that many conditional permanent residents may qualify to apply for naturalization while their application for removal of conditions is still pending. Many applicants assume they have to wait for Form I-751 approval before submitting Form N-400, but in some cases, it is possible to file Form N-400 when Form I-751 is still pending. Let’s look at who qualifies for marriage-based early filing, how submitting Form N-400 can impact a pending Form I-751, and general N-400 eligibility requirements.

General eligibility for filing Form N-400 based on marriage to a US Citizen

Filing Form N-400 is based on meeting several criteria set by USCIS. Among them is that the applicant has to have been a Lawful Permanent Resident for at least 5 years. However, there is an exception to this rule for Spouses of US Citizens. If an applicant applies based on their marriage to a US Citizen, they may be eligible to apply once they have been a Lawful Permanent Resident for at least 3 years. USCIS will begin accepting the N-400 filing up to 90 days before the applicant meets the 3 years of continuous residency. To qualify for this exception, the Lawful Permanent Resident (LPR) must meet the following requirements:

• They must be legally married to a US citizen who resides in the United States, and they must remain legally married to the US citizen until they take the Oath of Allegiance;
• They must have been living in a marital union with their US-citizen spouse for at least 3 years;
• They must have been a lawful permanent resident for at least 3 years, and
• Their spouse must have been a US citizen for at least 3 years

Processing for Conditional Permanent Residents

Green card applicants who have been married for less than 2 years at the time of application approval are issued “Conditional Permanent Residence,” which grants them a conditional green card valid for two years instead of the typical ten given to permanent residents. When the green card expires, they must prove to USCIS their marriage’s legitimacy by submitting Form I-751, Petition to Remove Conditions on Residence.This form is not optional and must be approved before an applicant can be granted US Citizenship. However, it does not have to be approved before filing a naturalization application. It’s very common for applicants to become eligible for Naturalization based on the criteria noted above while their Form I-751 is pending. The ability to file Form N-400 after 3 years only applies to applicants whose marriage to a US Citizen has not ended. In these cases, the applicant may submit Form N-400, but USCIS cannot adjudicate the case until they approve the Form I-751. Submitting Form N-400 while Form I-751 is pending helps the Naturalization processing start sooner, increasing the chances that the applicant can receive US Citizenship sooner. In addition, at times, the submission of Form N-400 can have quicker processing times and can help push USCIS to make a decision on the Removal of Conditions application.

What happens if the Naturalization interview is scheduled while the Removal of Conditions application is still pending?

In cases where the Naturalization interview is scheduled while the Removal of Conditions application is still pending, the applicant can still attend and complete the naturalization test and all other requirements. There are a few things that may happen in these cases:

1. The officer reviews Form I-751 and N-400 in the interview and issues a decision on both applications.
2. The officer reviews both Form I-751 and N-400 in the interview and indicates that you will receive a decision on both applications later.
3. The officer reviews only Form N-400. They will not decide on either application and will review Form I-751 later.

Even if an interview notice indicates it is only for Form N-400, if the I-751 is still pending, many applicants choose to have their spouse come and join them at the interview. Then, if the reviewing officer decides to review Form I-751 during the interview, the spouse will be present. Doing this may reduce the chance of a separate interview being scheduled for Form I-751.

Are you interested in filing for US Citizenship via naturalization?

While the above information covers eligibility for naturalization via marriage, applicants must also meet all other requirements to become a US Citizen. Generally, other than some exceptions, applicants must meet the following eligibility requirements to qualify for naturalization:

1. The applicant must be at least 18 years of age when they file;
2. They must have been a lawful permanent resident for at least 5 years (or 3 years if via marriage);
3. They have demonstrated continuous residence in the United States for at least 5 years (or 3 years if via marriage);
4. They have lived in the US state or US Citizenship and Immigration Services (USCIS) district where they claim residence for at least 3 months before filing;
5. They have demonstrated physical presence in the United States for at least 30 months (913 days) (or 18 months (548 days) if via marriage);
6. They demonstrate good moral character;
7. They demonstrate an attachment to the principles of the US Constitution;
8. They demonstrate a basic knowledge of US history and government (also known as “civics”) as well as an ability to read, write, speak, and understand basic English (some exceptions apply);
9. They are willing to take the Oath of Allegiance to the United States, and you are well disposed to the good order and happiness of the United States.

Becoming a US Citizen is a monumental step for many applicants, and SimpleCitizen loves to support applicants in their process. We aim to streamline and simplify your process through the US immigration system. You are our highest priority. We can’t wait to help make your immigration dreams become a reality. You can click here to get started!

Many immigration applications require proof of a visitor’s last entry into the United States. A few different documents can show this, one of them being Form I-94. Form I-94, which used to be issued as a paper version, is now issued primarily electronically. Sometimes, navigating how to find the I-94 can be overwhelming, but we will guide you through the process. This article will detail what an I-94 is, where to request an I-94, and what to do if your I-94 is unavailable.

What is an I-94? 

Form I-94 is the arrival/departure record of a nonimmigrant visitor’s most recent stay in the US. This document is issued by the Department of Homeland Security (DHS) upon arrival and is connected to the individual’s passport used for that arrival. In addition to recording a visitor’s most recent arrival, this document also designates until what date that individual is legally permitted to stay in the US. This date is called the “date of authorized stay” on Form I-94.

Form I-94 used to be provided on paper during a visitor’s entry into the US. The visitor would present the Form to US Customs and Border Protection (CBP) and be issued a paper stub indicating their arrival and authorized departure record. However, to streamline this process, CBP has automated Form I-94 to include a stamp in a visitor’s travel document/passport. This stamp will show the date of arrival and the date of authorized stay (the date when a visitor must exit the US). Additionally, CBP keeps an online record of the I-94 but does not present the visitor with that record. Suppose an immigration application requests a copy of Form I-94. In that case, it is requesting a copy of the electronic record (or the paper record if the last entry was prior to the issuing of electronic records). However, for immigration purposes, applicants typically include copies of the passport stamp from their recent arrival and the electronic I-94 record.

Who receives an I-94, and what is it used for?

The DHS may issue an I-94 to the following individuals:

• Visitors who are admitted into the US
• Visitors who are changing their status while inside the US
• Or visitors who are extending their stay while inside the US

Visitors may sometimes need a copy of their I-94 to verify their immigration status, alien registration, or employment authorization. Visitors who need a copy of their I-94 can request it from the US Customs and Border Protection (CBP) website.

The CBP website

The CBP website allows visitors to apply for a new I-94, request the I-94 from their most recent entry, and view their travel history (showing all of their most recent entries into the US). Additionally, since the I-94 records a visitor’s authorized stay, visitors can use it to see to what date they are legally allowed to remain in the US until. 

How to request an I-94 using the CBP Website

Please follow these steps when requesting an I-94 from the CBP website:

1. Visit the CBP’s “Get Most Recent I-94” page

2. Accept the “Terms of Service” by reading through them and indicating whether you “Acknowledge and Agree.”

3. Enter your traveler info: this page will request the first and last name of the visitor, their birth date, document number, and country of citizenship. Ensure that this information is entered EXACTLY as it appears on the visitor’s passport used for their most recent entry.

4. Then click “Next” to generate your most recent I-94.

You can print this page if you need the I-94 to verify immigration status, alien registration, or employment authorization or to keep it for your records. 

What can I do if my I-94 record is not available?

In some cases, visitors may be unable to request their I-94 from the CBP website. The following steps may help:

1. Try verifying that your personal information was entered EXACTLY as it appears on the passport used for your most recent entry. 
2. If needing to show verification of the most recent entry, requesting the Travel History from the CBP website may help. 
3. If you cannot get Form I-94 from the CBP website, you may file Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Record, with USCIS.

What can I do if my I-94 record shows errors?

At times, the I-94 record available on the CBP website may be from a former entry (but not from the most recent entry into the US) or may have some errors on it. Here are a few options for how to proceed in these situations:

1. If the I-94 generated on the CBP website shows a previous, older entry, you may keep that I-94 record and also add an explanation explaining that the I-94 of the most recent entry was not available on the CBP website. In the explanation, provide the date of your most recent arrival in the US. In addition, you could request the CBP Travel History or add a scan of the passport stamp received as evidence of this most recent entry.
2. If the I-94 record shows any information on it that appears to be incorrect (such as the wrong date of entry or incorrect class of admission, etc.,), it may be helpful to reach out to the CBP of the airport used for your most recent entry to see if they can correct the record from their end. 

Using SimpleCitizen

The I-94 record serves as a log of a nonimmigrant’s most recent entry into the US. It also specifies the immigrant’s date of authorized stay. If an immigrant needs a copy of their I-94 record, they may visit the CBP website to request their I-94. If someone cannot obtain their I-94, they may also file Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Record, with USCIS.

We’re happy you’re here! If you are applying for an adjustment of status, SimpleCitizen wants to help! We can help you simplify the process of applying for a green card with the help of immigration professionals for a fraction of the cost. Learn more here to get started!

Additional Websites:  

USCIS page for Form I-94

Customs and Border Protection I-94 Automation Fact Sheet

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.

Our goal with SimpleCitizen is to make your entire process as simple as possible. Part of that is helping you get the level of support you desire and that your case needs. Choosing between various packages can feel daunting, so let's look through what each of our package offerings include and help give some guidance to consider as you select the package for you! 

Essential Package Overview:

As the lowest-tiered package that SimpleCitizen provides, the Essential package is an excellent option for those who are confident in their ability to provide the necessary immigration information but want some extra support along the way. This support from SimpleCitizen includes the following:

• SimpleCitizen account: An intuitive platform that guides you through entering the information for your USCIS application.
• Translations: Document translation of official, government-issued documents required by USCIS.
• Legal review: A detailed legal review of your entire immigration application by a member of our network of partner attorneys.
• Application printing and instructions: A finalized application is printed and mailed to your door with detailed instructions to help you successfully submit it to USCIS.

Enhanced Package Overview: 

The enhanced package is an excellent option for people who feel their case is fairly straightforward but want the extra benefit of meeting with an attorney to receive guidance on how to be the most successful as they prepare their application and the peace of mind that if USCIS requests more information, they will receive help responding to the request.

In addition to the Essential package offerings, this Enhanced package includes:

• One attorney consultation: One 30-minute consultation with the partner attorney assigned to your case. Typically, customers find this call to be the most helpful as either a kick-off or post-attorney review consultation.
• Additional document translation: Document translation of up to 5 additional pages of evidence.
• Request for evidence support: Legal support and guidance if USCIS requests more evidence.

Professional Package Overview:

SimpleCitizen’s Professional package aims to provide additional opportunities to connect with licensed attorneys while being affordable and accessible. This is a great option for users who want to connect one-on-one with the attorney assigned to their case at various points of the process. It gives opportunities to address concerns and review their case recommendations.

In addition to the Essential and Enhanced offerings, the Professional package includes:

• 3 total consultations, typically used at the following points:
  • Kick-off Consultation: Receive feedback on how to be successful in completing your case and to help answer your questions.
  • Post-Review Consultation: A consultation with the reviewing attorney to discuss their feedback following their review. This consultation is a chance to go over any questions you have, and the attorney will also go over the updates you have made to ensure your case is on track;
  • Interview/Case Finalization Consultation: A video consultation with the reviewing attorney to help prepare you for your USCIS interview and the next steps after application approval.
• Expedited Shipping: Two-day express shipping of your application so you can submit to USCIS sooner.
• USCIS Interview Preparation Kit: Receive a kit delivered to your door that will help you prepare for your interview with USCIS.

Common Factors Used to Determine Package Choice

The decision between which package works best for you is personal, but we know that many of our customers often consider similar factors to make their decision. Here are some common reasons to consider:

Features and Services: 

Some defining differences between the three packages are direct access to a licensed attorney and support if USCIS needs additional evidence or information. While some people's confidence in continuing with an attorney having reviewed their application is sufficient, others feel a desire to meet the reviewing attorney face to face to talk through their case at various points throughout the process. 

The Complexity of Your Case:

One of the most common reasons people choose their package is the complexity of their case. But sometimes, it can feel overwhelming to determine if your case is complicated or not. Here are some things to consider:

1. Finances: One of the forms that often receives the most scrutiny by USCIS is the affidavit of financial support. People with limited historical, current, or self-employment income often benefit from being able to talk through their options with an attorney.
2. Immigration Status: Individuals with more complicated immigration history often report enjoying the ability to discuss their immigration history with the attorney to get guidance on what needs to be presented in the application.
3. Relationship Evidence: One of the key factors to getting a marriage-based green card is proving that a relationship is legitimate and in good faith, not for immigration benefits. However, there are many cases where, for various reasons, there is limited relationship evidence. It can be helpful to go through the evidence the couple has and discuss other potential options that can be added as evidence.
4. Cases where it is common for USCIS to have extra scrutiny: Here are some of the flags that may cause a case to receive extra scrutiny from USCIS: 

• Large disparity of age
• The inability of petitioner and beneficiary to speak each other’s language
• A vast difference in cultural and ethnic background
• Family or friends unaware of the marriage
• Marriage arranged by a third party
• A marriage contracted immediately following the beneficiary’s apprehension or receipt of notification to depart the United States
• No cohabitation since marriage (even if there are valid reasons)
• The beneficiary is a friend of the family
• The petitioner has filed previous petitions on behalf of aliens, especially alien spouse

Future Needs:

Consider what you hope your case looks like post-submission to USCIS. While SimpleCitizen continues providing legal information and updates on both packages, the enhanced and professional packages also get additional attorney support to answer USCIS requests for further evidence. Request for Evidence (RFEs) are standard practice at USCIS, but answering thoroughly is key to an applicant not getting a case denied. In addition, many people state that the USCIS interview causes them a lot of stress, and they benefit from knowing that they can meet with an attorney to go through their case and discuss anything causing anxiety.

Personal Comfort Level:

Another significant factor is how you feel about the level of support you’d like. Some people feel more comfortable with personalized guidance that comes from multiple attorney consultations, while others are comfortable with largely self-guiding their process. Choose a package that aligns with your preferred level of involvement.

Get Started Today!

Whether you choose the Essential, Enhanced, or Professional package, our mission remains the same: streamlining and simplifying your process through the US immigration system. You are our highest priority. We can’t wait to help make your immigration dreams become a reality. You can click here to get started!

We’re happy you’re here! 

Last Updated: February 13, 2024

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On January 30, 2024, United States Citizenship and Immigration Services (USCIS) announced an approved fee increase that will go into effect on April 1, 2024. This fee change includes increased pricing for many applications and petitions. The reason for these fee changes is that application fees fund the majority of USCIS’s financial needs for operation and to more fully recover its operating costs, reestablish and maintain timely case processing, and prevent the accumulation of future case backlogs.” The previous fee increase was completed by USCIS in 2016. 

2024 Fee Updates: 

The announced fee changes impact almost all immigration application types. In this article, we will review primarily the application types that SimpleCitizen offers.

Biometrics Fee

Note: While previously charged separately on various applications, the biometrics fee has been removed and is now part of the set application fee for a form.

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Form I-130

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Adjustment of Status (Form I-485 and connected forms)

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I-131 (When filed with Form I-485)

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I-765 (When filed with Form I-485)

*This fee will also be required for renewal of the EAD if required.

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Removal of Conditions

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Fiance Visa

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Naturalization

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Renewal

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Important things to note:

The new fee changes will go into effect on applications received by USCIS starting on April 1, 2024. This means your application must be postmarked prior to April 1 in order for the previous fee amounts to be accepted. Beginning April 1, 2024, all applications will be subject to the updated fee schedule.

Please note that this rule intends to preserve the existing fee waiver eligibility for low-income and vulnerable populations. It also includes the addition of new fee exemptions for certain humanitarian programs.

Questions about your USCIS application?

Reach out to SimpleCitizen today and start your application. We know the path through US immigration processes can feel overwhelming, but we’re happy you’re here! Reach out to our chat support team to determine if we can help you submit prior to the fee increase.

In this article, we will cover important information about Form I-751, Petition to Remove Conditions on Residence, including what it is and when it needs to be filed. We will also address whether it's possible to travel while an I-751 application is pending, what risks a permanent resident might face, and what documents they need to carry. By the end of this article, we hope to provide a better understanding of how to protect an immigration status while traveling with a pending I-751 application.

Disclaimer: The information provided here is for general informational purposes only and should not be construed as legal advice. The immigration process and requirements can be complex and may vary depending on individual circumstances. It is highly recommended to consult with an immigration attorney or qualified professional for personalized guidance regarding a specific situation. The decision to travel while an application is pending is ultimately the responsibility of the traveler.

What is an I-751?

Having conditional permanent resident status means that the green card that was granted is valid for only two years. Eventually, the conditional resident or two-year green card holder will need to file Form I-751 to remove the conditions on their green card and obtain a standard 10-year green card. This form is also known as the Petition to Remove Conditions on Residence. 

Typically, individuals who receive a two-year conditional green card have been married to their US citizen or permanent resident spouse for two years or less when they applied for their green card and will need to file an I-751 to remove conditions.

When does Form I-751 Need to be Filed 

USCIS requires that Form I-751 be filed within the 90-day period leading up to the expiration of the conditional resident’s two-year green card. The processing time for an I-751 varies, but it can take months or even years in some cases. It is important to note that the processing times may change due to various factors, such as USCIS workload, the complexity of the case, and other external factors. While these timelines may seem long, USCIS does grant extensions for expired green card holders who file the I-751 on time. We will go over this in more depth later in this article.

For more information on Form I-751, please see the following articles:

• Form I-751 & How to Prove Your Marriage is Legitimate

• What happens after submitting your I-751 – Petition to Remove Conditions?

• How to Apply to Remove the Green Card Conditions

• Calculating When to File for the Removal of Conditions

Can You Travel While Your I-751 is Pending?

When it comes to traveling with a pending I-751 application, it's important to understand the unique circumstances surrounding the validity of a two-year green card. Typically, individuals file their I-751 petition within the 90 days before their conditional green card is set to expire. This means that during the I-751 processing period, individuals have an expired green card that cannot be used for work or travel.

To address this situation, USCIS sends an extension notice to the applicant upon receiving the I-751 application. This notice, when combined with the expired green card, serves as proof of extension and extends the validity of the green card for a period of 12-48 months, depending on the length of extension granted. This extended validity works as proof of holding Permanent Resident status and can be used for things such as traveling outside the US and continuing to work.

It's important to note that both the extension notice and the expired green card must be presented when entering the US or seeking employment. Together, these documents serve as valid proof of Lawful Permanent Resident (LPR) status. Presenting one without the other will not be considered sufficient proof.

Additionally, applicants have the option to visit a USCIS field office and obtain an I-551 stamp in their passport as additional proof of the green card extension once they have the I-751 extension notice. While obtaining the I-551 stamp is optional, it can provide further assurance when traveling or seeking employment.

Before Departing

Before departing, permanent residents should ensure that their application is still pending and does not have any important updates pending, such as appointment scheduling, requests for evidence, approvals, and/or denials. They should also make sure that their current green card and other documents, such as their passport or any necessary visas, are up-to-date and valid. Additionally, when traveling with a green card extension, it is important to return to the US before the extension expires.

It is also important to note that traveling with a pending I-751 application can come with risks. 

The permanent resident with a pending I-751 will potentially be scheduled for both biometrics and interview appointments and will need to attend those appointments if scheduled. Also, remember to follow USCIS guidelines (discussed below, in part) to not abandon status by spending too much time outside the US or taking up residence in another country. 

Length of the Trip

A legal permanent resident is expected to live in the US. A permanent resident can travel outside the US, but there are a few things to keep in mind when doing so. The trip must be temporary, and typically, the traveler cannot remain outside the United States for more than 1 year.

Absences of more than 180 Consecutive Days

Trips of 180 days or more can invite additional questions about the nature of a trip outside the US. When returning from a trip abroad, the Customs and Border Patrol (CBP) officer may ask a traveler with a pending green card application or extended green card additional questions about their trip like:

• Where have they been outside the U.S.?
• How long were they there?
• What were they doing there?
• Why are they coming to the U.S. now?
• What ties to the U.S. did they keep while they were away?
  

Generally, the CBP officer asking these questions is trying to determine the reasons for the immigrant’s overseas trip and their intent to maintain the U.S. as their principal place of residence. At the port of entry after their travel abroad, they may be asked to provide evidence that the intending immigrant has continuing ties to the United States and that they intend to continue living here. For example, documentation of ongoing employment in the United States may be requested.

Absences of more than 365 Consecutive Days

A green card can become invalid for reentry if the permanent resident has been outside the United States for one year or more. Additionally, a US permanent residence may be considered abandoned for absences shorter than 1 year if the permanent resident takes up residence in another country.

Permanent residents of the US who plan on being outside the country for more than one year can apply for a reentry permit, which ensures that the resident did not intend to abandon their status. A reentry permit is obtained by filing Form I-131, Application for Travel Document, which should be filed and approved prior to leaving the US

Eligibility for US Citizenship

It's crucial for permanent residents to be mindful of their travel duration to ensure they maintain eligibility for US citizenship. Prolonged absences may disrupt a green card holder’s continuous residence requirement and could impact their eligibility for naturalization.

Documents to Carry While Traveling with a Pending I-751

Permanent residents should carry both their expired green card and the I-797 receipt notice, which has the extension on it. In addition to these documents, permanent residents should carry other identification documents, such as their passports and driver's licenses. It's also a good idea to have a copy of a travel itinerary.

As a reminder, border entry requirements can change depending on current national or global circumstances, so travelers should be sure to check the CBP website before traveling outside the US so that they can be aware of any travel restrictions or special rules that may be in effect temporarily. 

It is also important to note that Green Cards serve as proof of permanent residency in the United States and do not impact an individual's status as a passport holder for their home country. When planning travel to other countries, such as Canada for example, it is important to review the specific travel requirements based on the passport held rather than relying on the US Green Card. Each country has its own entry requirements, visa regulations, and passport validity rules that should be consulted to ensure a smooth and hassle-free travel experience. Travelers should remember to check with the relevant authorities and consulate of the country they plan to visit to stay informed about the specific travel requirements based on their passports.

It's important to carry the required documents to avoid any complications at the border. If a permanent resident doesn't have the necessary documents, they may be denied entry or face additional questioning. However, if they have the required documents, they can help prove their identity and immigration status, making it easier to enter the US. 

Entry into the United States is at the discretion of the Border Patrol officer. Avoiding doing things like breaking laws, lying, or failing to follow customs or entry requirements can reduce the risk of problems at the border.

Loss of Critical Documents While Abroad

If a permanent resident loses any of their documents while abroad, they should take immediate action to replace them. Contact the nearest US consulate or embassy to report the loss and apply for replacement documents. It is also a good idea to always keep high-resolution digital copies of the documents as well.

The US embassy or consulate may be able to issue a boarding foil, also known as a transportation letter or boarding letter, which is a temporary travel document issued by a US embassy or consulate to individuals who are permanent residents of the United States but have lost or do not have a valid green card. It allows them to travel back to the US and serves as proof of their immigration status. The boarding foil is typically issued in urgent or emergency situations when the individual cannot obtain a replacement green card before their planned travel. It is important to note that a boarding foil is only valid for a single entry and should be used in conjunction with other identification documents, such as a passport, to facilitate re-entry into the United States.

Conclusion

When a permanent resident has a pending I-751 application and plans to travel, it's crucial to stay informed about the rules and regulations. Entry requirements can change depending on current national or global circumstances, so be sure to check the CBP website. To ensure a successful trip, make sure to carry the expired green card, the I-797 receipt notice, and other identification documents. These documents are essential for re-entering the United States.

In case any of these documents are lost, don't panic! Contact the nearest US embassy or consulate immediately. Seeking professional advice can also help clarify any questions or concerns about the process. Having high-quality scans of all documents stored in a safe digital location can be helpful in situations such as this. 

Remember, protecting immigration status is crucial when traveling with a pending I-751 application. Taking the necessary steps can help ensure a smooth trip and prevent any issues with immigration status. We hope this article has been helpful in providing the information needed to travel with confidence. Stay informed and take the necessary steps to protect your immigration status.

We encourage you to stay informed and take the necessary steps to safeguard your immigration status while traveling. Remember, this article provides general information and is not a substitute for personalized legal advice. If you have specific questions or concerns, consult with an immigration attorney or qualified professional who can provide guidance tailored to your situation.

Are you ready to remove the conditions on your green card? Simplify the process by signing up with SimpleCitizen! Our user-friendly platform will guide you through the I-751 application, ensuring accuracy and efficiency every step of the way. Get started today. We’re happy you’re here!

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:

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:

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!