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New DHS Rule Requires Some Immigrants to Register Starting April 11, 2025

Starting April 11, 2025, some people in the U.S. who are not U.S. citizens will need to register online with the Department of Homeland Security (DHS). They will also need to give their fingerprints, have their photograph taken, and pass a background check.

At SimpleCitizen we want you to know the basics of the immigrant registration requirements and have put together this FAQ to help you answer your questions.

1. Why Is This Happening?

U.S. laws have long said that foreign nationals (people who are not U.S. citizens) must register with the government. Many already do this when they apply for a visa or receive documents like a green card or work permit. In January 2025, President Trump signed an order that told the Department of Homeland Security (DHS) to strictly enforce these rules. As a result, DHS created a new online registration process for people who have not yet registered.

2. Who Is Already Registered?

You do not need to register again if you already started or have certain current immigration papers. You are considered registered if you have:

• A green card (permanent resident card)
  
• A border crossing card
  
• A work permit, also known as an Employment Authorization Document (EAD)
  
• An I-94 travel record
  
• A passport with a valid, unexpired DHS stamp
  
• A Notice to Appear (NTA) in immigration court
  

You are also considered registered if you filed one of the following applications:

• A Form I-485 adjustment of status application
  
• A Form I-590 application for Registration for Classification as a Refugee status
  
• Certain applications for temporary residence status
  

3. Who Does Not Have to Register?

You do not have to register if:

• You were issued a nonimmigrant or immigrant visa before you arrived in the United States and you entered after turning 14 years of age;
  
• You hold or have applied for an A or G visa (used by diplomats and government workers)
  
• You will be in the U.S. for less than 30 days
  

4. Who Must Register?

You must register if:

• You are a Canadian of any age who: (1) is traveling to the US without a visa for business or tourism, (2) entered the US by land, (3) were not issued an I-94 arrival record, and (4)  will stay in the US for 30 days or more.
  
• You are turning 14 while in the U.S. and have been here 30 days or more.
  
• You entered the U.S. without going through an official entry point (this is called “entry without inspection” or EWI), and you:
  
  • Remain in the US for 30 days or longer; and
  • Do not have a registration documents (See paragraph 2) 
  • Have not applied for adjustment of status, refugee status, or temporary residence status. This includes foreign nationals who entered without inspection and have applied for DACA, TPS, or asylum, but have not been issued an Employment Authorization Document, Notice to Appear, or other document that qualifies as evidence of registration (see Question 2).

5. What About Kids Who Turn 14 While in the US?

Most kids who are turning 14 and have been in the U.S. for 30 days or more will need to register or re-register. This is true even if they were already considered registered. Most children will also need to be fingerprinted when they turn 14, unless they are exempt.

6. Do Children Under 14 Need to Register?

Yes, if they entered without a visa or I-94 and will be in the U.S. for more than 30 days. Their parent or guardian must register them, but children under 14 do not need to be fingerprinted. Once children turn 14, they must re-register and be fingerprinted.

7. How Do You Register?

• Go to myUSCIS.gov and create an account, if the registrant is a child under 14, a parent or guardian must create the account for the child;
  
• Complete Form G-325R online; and
  
• If you are age 14 or older and not a Canadian visitor, appear at a USCIS Application Support Center for fingerprinting and photographing
  
• After approval, you will get a document called “Proof of Alien Registration.” You must print it and carry it with you

8. What’s the Deadline?

In general, for those subject to the registration or re-registration requirement, the deadline to register is within 30 days of entering the US, or within 30 days after turning 14, as applicable.

The deadline is not clear, however, for individuals subject to registration who entered the U.S. or turned 14 more than 30 days before the April 11 effective date of the new rule, and whose 30-day registration or re-registration deadline will have already passed by the April 11 effective date of the rule. For these individuals, it is recommended that they register or re-register within 30 days after the April 11 effective date of the rule.

9. Can Someone Else Register for Me?

No, only you can register for yourself. Attorneys and third parties cannot submit the form for you. However, parents or guardians can register for children under 14. If someone helps you fill out the form, you must list them on your application as a preparer.

10. What Information Do You Have to Provide?

To properly fill our Form G-325R you will need to provide:

• Your name and contact info;
  
• Immigration history;
  
• Date of last entry, how long you plan to stay, and when you plan to depart;
  
• Family details (spouse and parents); and
  
• Criminal history, if any

You must be honest. Giving false information can lead to serious trouble. At the same time, disclosing information about criminal history or immigration violations – including entry to the United States without inspection – can pose significant risks. See below for more information.

11. What Happens After You Register?

After you submit your G-325R online, the system will review your information. If USCIS records show that you are already registered, the system will inform you and the application will be closed. Remember, children are required to re-register within 30 days of their 14th birthday.

If your Form-325R is accepted, USCIS will schedule you for biometrics, unless the registrant is under 14 or is a Canadian visitor, in which case biometrics are waived. Accepted registrants must appear for in-person biometrics at a local USCIS Application Support Center. Once USCIS has your fingerprints and photograph, the agency starts processing security and background checks. 

Once the entire process is complete, the online system will produce a “Proof of Alien Registration” document. This document will contain a unique identifier. You MUST print and carry this document with you at all times. 

12. Do You Have to Carry Registration Proof?

Yes. Everyone 18 and older must carry proof of their immigration status. If you register through the new system, you must print and carry the “Proof of Alien Registration” form at all times. If you are not required to register through the new system you must carry an acceptable proof of registration document such as:

• A valid, unexpired Form I-94 admission record; 
• A US Customer and Border Protection passport admission stamp;
• A Form I-551 Permanent Resident Card (Green Card);
• A Firm I-766 Employment Authorization Document (EAD; or
• A Firm I-185 or I-186 Border Crossing Card for citizens of Canada and Mexico.

13. What If You Don’t Register?

Failing to register or carry proof can lead to:

• A fine of up to $5,000 and/or
  
• Jail time (up to 6 months for not registering, or up to 30 days for not carrying proof)
  
• Removal from the U.S. (deportation)
  

14. Are There Risks to Registering?

Yes. If you have a criminal record or entered the U.S. without inspection, registering might alert the government to your status. This could lead to immigration enforcement. If this applies to you, speak to an immigration lawyer before registering.

We know this alien registration process may seem confusing. That’s why we produced this guide to help you make sense of your obligations. At SimpleCitizen, we provide access to an independent network of immigration attorneys to help our customers navigate situations just like this. Please keep in mind that this post is meant to be informational and may not cover every aspect of your situation. If you have questions about the registration requirement or process, please contact an immigration attorney.

We’re happy you’re here!

Last Updated: March 26, 2025.

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Learn about name change procedures, court approval, filing fees, and updating legal documents with step-by-step instructions for restoring a maiden name or adopting a new one.

One way to reclaim your identity and move forward after divorce is by restoring your pre-marriage name. Whether you want to restore a maiden name, revert to a previous name, or adopt a completely new one, there are specific legal steps to follow. This guide provides a comprehensive overview of the process, including legal requirements, documentation, and potential challenges.

Restoring Your Maiden Name During Divorce Proceedings

Many jurisdictions allow individuals to request the restoration of their maiden name as part of the divorce process. This request is typically included in the initial divorce petition or response and must be approved by the court in the final divorce decree. If granted, this provision only allows for the return to a prior legal name and does not permit adopting a completely new name without additional legal steps. Rules can vary by state.

Steps to Restore Your Maiden Name During Divorce:

1. Include the Name Change Request in Your Divorce Petition or Complaint: When filing for divorce, there should be a place on the petition or response to request to restore your maiden or former name. If you are the respondent, you may need to file a separate motion or request to include this change.
2. Get Court Approval: The judge must formally accept the name change request and include it in the final divorce decree.
3. Obtain Certified Copies of the Divorce Decree: Certified copies of the final decree are required before you can update things like personal records and IDs.
4. Notify Government Agencies and Institutions: Once you have a certified copy of your decree, you should promptly update your name with entities including:
   • Social Security Administration (SSA) to update your Social Security card.
   • Department of Motor Vehicles (DMV) to update your driver’s license or state ID.
   • Banks, credit card companies, and financial institutions.
   • Employers and payroll departments.
   • Passport office for international travel documentation.
   • Insurance providers, utility companies, and other service providers.

Legal Name Change After Divorce

If you did not request a name change during your divorce or decide you want a completely different name after your divorce has been finalized, you will need to follow a separate legal name change process. 

Most courts require filing a formal petition, undergoing a background check, and obtaining a court order to finalize the name change. The process may vary depending on where you live.

Steps for a Legal Name Change After Divorce:

1. File a Petition for Name Change: Submit a petition to your county court. This document includes your personal details, the requested new name, and a reason for the name change.
2. Pay Filing Fees: Most courts require a filing fee, which ranges from as low as $25 to as high as $450. Fee waivers may be available based on financial hardship.
3. Complete a Background Check (if required): Some jurisdictions require fingerprinting and background checks to ensure the name change is not being pursued for fraudulent purposes, such as avoiding debts or criminal history.
4. Publish a Notice of Name Change (if required): Sometimes a legal name change must be published in a newspaper or other public forum as a legal notice. This ensures transparency and allows objections to be filed if necessary.
5. Attend a Court Hearing: The court may require you to appear before a judge to confirm your request. If there are no objections or legal issues, the judge will approve the request and issue an official court order granting the name change.
6. Obtain Certified Copies of the Court Order: Once approved, request multiple certified copies of the court order to update all legal and personal records.
7. Update Identification and Records: Use the certified court order to change your name on all official documents, including:
   • Social Security card (update with SSA)
   • Driver’s license or state ID (update with DMV)
   • Passport (update with the U.S. State Department or equivalent agency in your country)
   • Bank accounts, credit cards, and loan documents
   • Employment records and professional licenses
   • Health insurance, auto insurance, and other policies
   • Utility bills, leases, and property records

Changing Your Name During Divorce as a Non-U.S. Citizen

If you are not a U.S. citizen, changing your name during or after divorce may require additional legal steps depending on your immigration status and country of origin.

It's possible to do a name change while going through immigration processes; however, you should have copies of your name change documentation in hand and ready to submit to USCIS, in case the reviewing immigration officer gets confused about a petitioner or beneficiary's identity. If an immigrant or their spouse can't prove who they say they are with the documents to back their name change up, that could cause delays and will likely cause them to receive a request for evidence (RFE).

Immigration Documentation Updates

If you are a visa holder or lawful permanent resident (green card holder), you must update your name with the U.S. Citizenship and Immigration Services (USCIS) using the appropriate form (e.g., Form I-90 for green card updates).

If you are in the process of naturalization, you may be able to request a name change as part of your citizenship application.

Passport and National ID

You may need to update your name on your home country’s passport and other national identification documents through the respective embassy or consulate. Some countries may have specific rules about recognizing name changes made abroad, requiring additional legal steps.

Work and Visa Sponsorship Considerations

If you are on a work visa, notify your employer and update records with the U.S. Department of Labor or other applicable agencies. Sponsored visas may require notification to the petitioner (e.g., a spouse or employer sponsoring your visa).

International Travel Restrictions

Ensure your travel documents match your updated name to avoid complications at border controls. If you have dual citizenship, you may need to update both sets of documentation to ensure consistency when traveling.

Legal Recognition in Your Home Country

Some countries require a separate legal process to recognize a name change made in the U.S. Consult your home country’s embassy or consulate to determine the necessary steps.

Changing a Child’s Name After Divorce

A parent’s name change does not automatically extend to their children. If you want to change a child’s last name after a divorce, you must go through a separate legal process. Courts generally prioritize the best interests of the child and require consent from both parents, unless there are extenuating circumstances such as parental abandonment or safety concerns.

Steps to Change a Child’s Name:

1. File a Petition: Submit a formal request to the court in the county where the child resides. The petition must include the reason for the name change and details about both parents.
2. Notify the Other Parent: Most jurisdictions require that the non-petitioning parent be formally notified. If the other parent does not consent, they may have the right to contest the name change in court.
3. Attend a Court Hearing (if required): Some courts require a hearing, where the judge evaluates whether the name change is in the child’s best interests.
4. Obtain a Court Order: If approved, the court will issue a legal order granting the name change.
5. Update Official Records: Once the name change is granted, you must update the child's records, including:
   • Birth certificate (through the vital records office)
   • Social Security Administration (to update the Social Security card)
   • School and medical records
   • Passport and immigration documents (if applicable)

Considerations for Children with Immigration Status:

• Visa and Green Card Holders: If the child has a visa or green card, the name change must be updated with U.S. Citizenship and Immigration Services (USCIS). This often requires submitting the court order along with Form I-90 (for green card holders) or a visa amendment request.
• Dual Citizenship: If the child holds citizenship in another country, you may need to update their foreign passport and records through the appropriate embassy or consulate.
• Naturalization Applicants: If a child is in the process of applying for U.S. citizenship, a legal name change must be documented in all immigration filings to ensure consistency.

Additional Considerations for Name Changes

If you are changing your own or your child’s name, here are some things to keep in mind.

Legal and Financial Implications

Changing your name can have implications for financial accounts, property ownership, tax filings, and legal documents. Ensure all relevant institutions are notified to prevent complications.

Professional and Business Considerations

If you hold professional licenses, own a business, or have contracts under your previous name, ensure that all legal documents reflect the change to avoid issues with employment or ownership rights.

Travel and International Name Changes

As noted in the section about immigration status, if you have international ties, be aware that name changes may need to be recognized in other countries through additional legal steps, including updating visas, citizenship documents, and travel records.

Seeking Legal Assistance

While many name changes can be handled without an attorney, consulting a legal professional can provide valuable guidance, especially in cases involving minor children, name changes across different jurisdictions, or if complications arise. Legal aid services and self-help resources provided by government websites can also offer support and step-by-step instructions tailored to your location. Navigating a name change during or after divorce involves multiple steps and legal considerations. Understanding these processes in advance can help ensure a seamless transition and prevent future complications. Whether restoring a previous name or choosing a new one, following the proper legal channels will help you move forward with confidence.

One of the most common comments we hear is how much our customers love the ready-to-mail application they receive after using our service. Our goal of simplifying the immigration process extends beyond helping you fill out your immigration paperwork. Our print and assembly team works hard to help make the USCIS submission process a breeze as well. Wondering what that entails? Let’s take a look at what you can expect in your finalized application!

Our Box

Designed to protect your application in transit, our box uses sturdy materials and features an exterior sleeve as well as a magnetic enclosure. Many of our customers reuse their SimpleCitizen box as a place to store immigration-related documents.

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Checklist

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Receiving your application is exciting! Though it can be difficult to know where to start. That's why you will receive a checklist tailored to your case, with each step ready for you to check off as you prepare your application for submission.

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Assembled Application

You will receive your entire USCIS application bound and organized. Depending on your application type, this application typically ranges from 150-600 pages including all USCIS forms, supporting documentation, and required translations. In addition, you will find “Sign Here” sticker labels on each page that requires a signature, showing you exactly where you or any other signer should sign and date.

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Instruction Book

One of the most important items you will find in your application is the detailed instruction booklet that, along with the additional resources listed below, helps guide you step-by-step through preparing your physical application for USCIS submission. These instructions cover topics like government fees, signature requirements, and mailing instructions. In addition to clear instructions, there are plenty of helpful diagrams along the way to help take the guesswork out of the final steps. Depending on your case, you might also find additional instruction pages covering medical exam requirements and passport photos.

Many USCIS applications require that petitioners and/or beneficiaries add passport-style photos. For applications that require them, we provide sample photos to show the size and specifications of the photos so that they meet the USCIS requirements.

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Signature Guide

You will find a signature guide indicating which person is assigned to each color of the “Sign Here” signature labels on your application. That way, you can ensure that the correct person signs each page! We even include a black-ink SimpleCitizen pen so you can sign and date the forms using the color of ink required by USCIS! The signature guide might also include a word of encouragement from the member of our team who packed your application!

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Pre-addressed Sticker Label to USCIS

Depending on the application type, connected forms, and place of residence, USCIS has various lockbox facilities that process applications. We know it can feel overwhelming to research where your application should be sent, so we provide a pre-addressed shipping label for you to use when sending your application to USCIS. For your convenience, the label is a sticker ready for you to peel off and attach to your box of choice. Please note we recommend shipping your application to USCIS using a method that allows you to track and confirm delivery.  

Want to ship with USPS? Your shipping label is accompanied by a QR code that links to the USCIS addresses specific to USPS shipments!

We can’t wait to help you get your application sent to USCIS! Reach out to us today if you have any questions about your application process. We’re happy you’re here!

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Your application deserves to look this good!

Get Started

You asked and we listened! SimpleCitizen has recently released an exciting new integration that allows customers to “Buy Now, Pay Later” using Klarna. Klarna is a third-party provider that allows customers to make purchases and then pay them back using a variety of payment plans. 

How it Works

Signing up for Klarna is easy and can be done in just a few short steps. If you select Klarna as your payment method at your SimpleCitizen checkout, you will be directed to their website to set up the ability to pay for your SimpleCitizen application in installments. Klarna has different payment plans with interest rates based on your credit profile and the payment plan you select. Please note that SimpleCitizen’s Klarna integration cannot be used to pay for any USCIS filing fees at this time. Rather, it can only be used for SimpleCitizen’s application preparation services. 

Who can Use It

In order to use their services, Klarna requires that the account holder meet the following requirements:

1. Be a resident of the United States or its territories
2. Have a valid bank card/ bank account
3. Be at least 18 years of age
4. Have a positive credit history
5. Be able to receive verification codes by text

The ability to use Klarna is dictated exclusively by Klarna’s eligibility criteria. It may require a soft credit check (conducted by Klarna), depending on which payment plan you want to use. You can learn more about Klarna’s eligibility criteria here.

Payment Options 

Klarna offers four different payment plans which offer incredible flexibility to consumers:

1. Pay in Full at Checkout

2. Four interest-free installments paid automatically every 2 weeks 

3. Pay in up to 30 days

4. Pay over time with small monthly payments

All Klarna payments and payment plans can be managed in the Klarna app. 

Other Great Klarna Features: 

In addition to flexible payment options, Klarna has many other great features that can help make life easier! These include, but are not limited to: 

1. Easy checkout
2. Buyer Protection
3. Extensive retail partnerships
4. User-friendly app

Things to Remember: 

As a friendly reminder, Klarna is a third-party service and is separate from SimpleCitizen. Financing terms are offered by Klarna and it's banking partners. Any questions regarding their account services, eligibility, payment plans, making the payments, etc. should be addressed via their customer service team.

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.

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.

Understanding Consular Processing for a Marriage-Based Green Card

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.

Step-by-Step Guide to Consular Processing

Step 1: Filing Form I-130 Petition for Alien Relative

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.
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‍Key Elements of the I-130 Petition

• Proof of the petitioner’s U.S. citizenship or permanent residency.
• Evidence of a bona fide marriage, such as joint bank accounts, photographs, and affidavits from friends and family.
• Check out our guide to the Form I-130

Step 2: USCIS Approves I-130 Petition and Case Transfer

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.

Step 3: Paying Fees and Submitting Affidavit of Support

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.

Step 4: Submitting Civil Documents

The NVC will request various civil documents, including, but not limited to:

• Birth certificates
• Marriage certificates
• Police clearance certificates from countries where the applicant has lived for six months or more
• A copy of the applicant’s passport

Step 5: Completing DS-260 Immigrant Visa Application

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.

Step 6: Interview Scheduling

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.

Step 7: Attending the Medical Examination

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.

Step 8: Attending the Consular Interview

During the consular interview, the applicant will answer questions about their marriage, background, and plans in the U.S.

‍Tips for a Successful Interview:

• Bring the interview notice page, proof of fee payment, and all original civil documents.
• Be ready to discuss the relationship in detail.
• Be truthful and concise in responses.

Step 9: Receiving the Visa and Traveling to the U.S.

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.

Step 10: After Arrival: Obtaining the Green Card

Once in the U.S., the new permanent resident should:

• Apply for a Social Security number, if not already obtained.
• Wait for the green card to arrive by mail.
• Start important activities like obtaining a driver’s license and opening bank accounts.

Required Documents for a Marriage-Based Green Card via Consular Processing

Applicants must provide:

• Birth certificates
• Marriage certificates
• Police clearance certificates
• A copy of the applicant’s passport
• Form I-130 and DS-260 confirmation pages

Average Processing Time for a Consular Process Green Card for a Spouse

Processing times vary but generally range from several months to over a year, depending on the consulate and individual circumstances.

Tips for a Successful Application

• Stay Organized: Keep track of all documents, deadlines, and correspondence with USCIS and the NVC.
• Double-Check Everything: Ensure all forms are complete and accurate before submission.
• Use SimpleCitizen: Our platform offers experienced professionals and powerful software to guide you through the process. We’ve helped people like you for over 10 years. Get started today!
• Seek Professional Help: If the process seems overwhelming, consider hiring an immigration attorney.

Conclusion

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.

Internal and External Links

• Internal Link: Learn more about our services
• External Link: U.S. Department of State: Immigrant Visa Process

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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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!