USCIS will reject Form I-485 if the completed medical exam is not submitted concurrently with it
U.S. Immigration News
Updated: December 5, 2024
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.
While preparing their I-485 application for submission to USCIS, applicants should remember to plan ahead with their medical exam, as it can commonly take 2 or more weeks for the medical exam to be completed. Some civil surgeons have wait times that exceed a month for the initial appointment. Researching the prices and timelines of local Civil Surgeon offices early on in the preparation process is recommended to help avoid potential filing delays.
For more information on scheduling and completing a medical exam, read this article.
For more information about USCIS's change, read their announcement.
Consular processing is the method used to apply for a green card when you are living outside the U.S.
Green Card Application
Are you applying for a green card while living outside the U.S.? This comprehensive guide covers everything you need to know about consular processing for a marriage-based green card. Follow these steps to navigate the process and reunite with your spouse in the United States.
Consular processing is the method used to apply for a green card when you are outside the U.S. This is essential for foreign nationals married to U.S. citizens or green card holders who want to live permanently in the U.S. The process involves several stages, starting with the U.S. citizen or green card holder spouse submitting a petition.
The journey begins with the U.S. citizen or green card holder spouse completing Form I-130 and submitting it to USCIS. This form proves the legitimacy of the marriage.
Key Elements of the I-130 Petition
USCIS processes the I-130 petition, which can take several months. Once approved, the case is transferred to the National Visa Center (NVC), which is part of the U.S. Department of State. The NVC assigns a case number to the application and begins pre-processing.
Next, the petitioner pays the required fees and submits Form I-864, the Affidavit of Support. This form is a legally binding document where the U.S. spouse agrees to financially support the immigrant spouse.
The NVC will request various civil documents, including, but not limited to:
The applicant fills out the DS-260 form online, providing personal details, marital information, and any previous immigration history. After submitting the DS-260, applicants receive a confirmation page to bring to the consular interview.
Once the NVC is satisfied with the provided documents, it will schedule an interview at the U.S. Consulate or Embassy. The wait time varies by location.
Before the interview, the applicant must complete a medical examination by an authorized physician. The results are sent directly to the consulate or brought in a sealed envelope to the interview. Instructions on how, where, and when to complete the medical exam are given to the applicant by the consulate or embassy they are applying through.
During the consular interview, the applicant will answer questions about their marriage, background, and plans in the U.S.
Tips for a Successful Interview:
If the consular officer approves the application, the applicant receives an immigrant visa, allowing them to travel to the U.S. Upon entry, the applicant is granted permanent resident status. The green card will be mailed to the U.S. address provided shortly after arrival.
Once in the U.S., the new permanent resident should:
Applicants must provide:
Processing times vary but generally range from several months to over a year, depending on the consulate and individual circumstances.
Consular processing for a marriage-based green card involves several steps. By understanding each stage and preparing well, applicants can navigate the process successfully and reunite with their loved ones in the U.S. Stay organized, follow instructions carefully, and remember that SimpleCitizen is here to help if you need it. We wish you a smooth and successful journey to obtaining a green card.
Parole in Place Program for Undocumented Spouses of US Citizens Starting August 19, 2024
U.S. Immigration News
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.
You may qualify for the PIP program if you:
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.
Some children of eligible spouses may also qualify for PIP if:
Even though you can’t apply until August 19, you can start gathering supporting documents now:
Spouses of US Citizens should gather:
The following supporting documents will be helpful proving a PIP spouse’s relationship to a child:
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.
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!
A comprehensive overview of the eligibility requirements and evidence for PIP applications
U.S. Immigration News
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:
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.
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
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.
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!
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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Parole in Place program offers a legal pathway for some undocumented immigrants to stay in the US
U.S. Immigration News
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.
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:
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.
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.**
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.
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!
Learn how to apply for naturalization while your Form I-751 is still pending.
Citizenship Application
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.
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:
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.
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:
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.
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:
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!
This article will detail what an I-94 is, where to request an I-94, and more.
General Immigration Information
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.
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.
The DHS may issue an I-94 to the following individuals:
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 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.
Please follow these steps when requesting an I-94 from the CBP website:
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.
In some cases, visitors may be unable to request their I-94 from the CBP website. The following steps may help:
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:
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!
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Taking a married name on a USCIS marriage-based immigration application can be fairly straightforward.
Green Card Application
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:
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.
Understanding SimpleCitizen's three package tiers.
Getting Started
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!
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:
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:
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:
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:
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.
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:
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.
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.
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!
Summary of USCIS 2024 Fee Changes
U.S. Immigration News
Last Updated: February 13, 2024
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.
The announced fee changes impact almost all immigration application types. In this article, we will review primarily the application types that SimpleCitizen offers.
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.
Previous Fee | Updated Fee | Percentage Increase | |
---|---|---|---|
Biometrics Fee | $85 | $0 | -100% |
Previous Fee | Updated Fee | Percentage Increase | |
---|---|---|---|
Form I-130 (Online Filing) | $535 | $625 | 17% |
Form I-130 (Paper Filing) | $535 | $675 | 26% |
Previous Fee | Updated Fee | Percentage Increase | |
---|---|---|---|
Form I-485 | $1,225 | $1440 | 18% |
Form I-485 for children under 14 in certain circumstances | $750 | $950 | 27% |
Forms I-485 with connected Form I-765 | $1,225 | $1,700 | 39% |
Forms I-485 with connected Form I-131 | $1,225 | $2,070 | 69% |
Forms I-485 with connected Form I-765 and Form I-131 | $1,225 | $2,330 | 90% |
Previous Fee | Updated Fee | Percentage Increase | |
---|---|---|---|
Form I-131 | $0 when filed with Form I-485 | $630 | 630% |
*This fee will also be required for renewal of the EAD if required.
Previous Fee | Updated Fee | Percentage Increase | |
---|---|---|---|
Form I-765 | $0 when filed with Form I-485 | $260 when filed with Form I-485 | 260% |
Previous Fee | Updated Fee | Percentage Increase | |
---|---|---|---|
Form I-751 | $680 (with biometrics) | $750 | 10% |
Previous Fee | Updated Fee | Percentage Increase | |
---|---|---|---|
Form I-129F | $535 | $675 | 26% |
Previous Fee | Updated Fee | Percentage Increase | |
---|---|---|---|
Form N-400 (Online Filing) | $725 (with biometrics) | $710 | -2% |
Form N-400 (Paper Filing) | $725 (with biometrics) | $760 | 19% |
Previous Fee | Updated Fee | Percentage Increase | |
---|---|---|---|
Form I-90 (Online Filing) $540 (with biometrics) |
$540 (with biometrics) | $415 | -23% |
Form I-90 (Paper Filing) $540 (with biometrics) |
$540 (with biometrics) | $465 | -14% |
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.
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.
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