Guide to replacing or correcting USCIS documents. Learn how to use Form I-90 for a lost or incorrect green card and how to update other immigration records.

Fixing or Replacing Your Immigration Documents: A Simple Guide

After going through the long immigration process, the last thing you want to do is lose all your documents. But if worse comes to worse, and it gets stolen, what do you do?

It can be stressful, but there actually is a process for correcting or replacing these essential documents. This guide will walk you through the common steps for handling lost, stolen, or incorrect immigration documents.

Replacing Your Green Card (Lost, Stolen, or Expiring)

If your Green Card has been lost, stolen, damaged, or is expiring, you will need to file an application to replace it.

• The Form to Use: The main application is Form I-90, Application to Replace Permanent Resident Card.
  
  
• When to File:
  
  • Lost, Stolen, or Mutilated: You should file Form I-90 as soon as you realize your card is gone or damaged.
  • Expiring Card: If you have a 10-year green card, USCIS recommends filing to renew it within the 6 months before it expires. (Note: Do NOT use Form I-90 to renew a 2-year conditional green card; for that, you must file Form I-751 to remove conditions. However, Form I-90 SHOULD be used if the 2-year green card is lost, stolen, damaged, or incorrect).
    
    
• How to File: You can typically file Form I-90 online through a myUSCIS account, which is often the fastest and easiest method.

Correcting an Error on Your Green Card or Other Document

If you receive your card and notice a mistake, like a misspelled name, wrong date of birth, or incorrect visa category, you must get it corrected. Here are your options:

1. If the Error Was Made by USCIS:

• If you can show that the mistake was a government error, you typically do not have to pay a new filing fee to get it corrected.
• You will still likely need to file Form I-90 (for a green card) or contact USCIS to have other documents (like an EAD or travel document) reissued. You'll need to submit the incorrect card along with evidence showing the correct information and proving the error was not yours.

2. If the Error Was Your Fault:

• If the mistake happened because of incorrect information you provided on your original application, you will generally have to file a new application and pay the full fee to get a corrected document.

The "Typographic Error" Conundrum: Sometimes, USCIS will consider correcting minor typos on documents other than green cards without a new application, but this is not guaranteed. The best first step is to check the official USCIS instructions or contact them through your online account.

What if My Card Was Mailed but Never Arrived?

This is a frustrating, but not impossible, situation. If your USCIS online account shows that your card was mailed but you never received it, there is a specific process to follow.

• Check Your Address: First, double-check that the address USCIS has on file for you is correct.
  
  
• Submit an Inquiry: You can submit an inquiry for a "non-delivery" of a card through your USCIS online account or by calling the USCIS Contact Center.
  
  
• Timing is Key: There are specific timeframes for reporting non-delivery. If too much time passes, USCIS may require you to file a new application (like Form I-90) and pay the fee again. It's important to act quickly if you think your card was lost in the mail.

Updating Your Information (Like a Legal Name Change)

Life changes, and your documents sometimes need to change, too.

• Legal Name Change: If you legally change your name (for reasons other than marriage, which is often handled during the green card process itself), you'll need to update your documents. For a green card, this means filing Form I-90 and providing a copy of the official court order or other legal proof of your name change.
  
  
• Other Biographic Information: If other personal information changes, you should check the specific USCIS guidelines for how to update it. Keeping your information current is an important responsibility.

Why Keeping Your Documents Safe and Accurate is So Important

Your Green Card (Form I-551) or EAD card are official proof of your identity and your status to live or work in the United States. You'll typically need them for:

• Getting a job.
• Applying for a driver's license or state ID.
• Traveling and re-entering the United States (for green card holders).
• Applying for a mortgage or other financial services.
• Eventually applying for U.S. citizenship.

If your document is lost, stolen, or has incorrect information, it can cause major problems. It's important to address the issue as soon as possible.

Dealing with a lost or incorrect immigration document can feel like a major setback, but thankfully USCIS has established processes to fix these problems. The most important thing is to act promptly and follow the official instructions on the USCIS website.

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A guide to replacing or renewing your green card. Learn when and how to file Form I-90 if your Permanent Resident Card is lost, stolen, or expiring.

How to Replace or Renew Your Green Card: A Simple Guide

As a Lawful Permanent Resident, your Green Card (officially Form I-551) is your most important document for proving your identity and your right to live and work in the United States. But what happens if it gets lost, stolen, damaged, or is about to expire?

Don't panic! There is a clear process for replacing or renewing your card. This guide will walk you through when you need to file, what form to use, and the basic steps involved.

When Do I Need to Replace or Renew My Green Card?

You must apply for a replacement card if your current one was:

• Lost, stolen, or destroyed: If your card is gone for any reason, you should apply for a replacement as soon as possible.
  
  
• Expiring or Expired: If you have a 10-year green card, you should apply for renewal if it expires within the next 6 months. Please note that 2-year green cards must be renewed by filing Form I-751 up to 90-days before the cards’ expiry date.
  
  
• Incorrect: If the card has incorrect information due to a USCIS error or a legal change (like a name change).
  
  
• Never Received: If USCIS mailed your card but it never arrived at your address.
  
  
• You turned 14: If you have a green card issued before your 14th birthday, you typically need to get a new one after you turn 14.

Very Important Distinction: This process outline below is for renewing a 10-year green card. If you have a 2-year conditional green card (usually from a recent marriage), you do NOT use this process. You must file Form I-751, Petition to Remove Conditions on Residence, to remove conditions and get your 10-year card.

Form I-90: The Key to Replacing Your Green Card

The application to replace or renew your green card is Form I-90, Application to Replace Permanent Resident Card. This is the main form you will need to complete and file with USCIS.

How to File Form I-90: A Step-by-Step Guide

Filing Form I-90 is a relatively straightforward process, and for most people, it can be done online.

Step 1: Complete Form I-90

• The easiest and often fastest way to file is through a myUSCIS online account. The online form guides you through the questions to make sure you complete it correctly.
• If you prefer to file by mail, you can download the latest paper version of Form I-90 from the USCIS website.

Step 2: Gather Your Supporting Documents

• You will need to provide a copy of your current green card (if you have it).
• If your card was lost or stolen, you might include a copy of a police report (if you made one).
• If you are replacing your card because of a legal name change, you'll need to provide a copy of the official name change document (like a court order or marriage certificate).
• If you are correcting a USCIS error, you'll need to provide evidence of the correct information and show that the error was not yours.

Step 3: Pay the Filing Fee

• There is a filing fee and a biometrics (fingerprinting) fee for Form I-90. The total cost can change, so it's critical to check the current amount on the official USCIS Fee Schedule before you file.
• If you file online, you can pay the fee electronically.

Step 4: Submit Your Application

• If filing online, you can submit everything through your myUSCIS account.
• If filing by mail, send your form, supporting documents, and fee to the correct USCIS Lockbox address listed in the Form I-90 instructions.

Step 5: Attend Your Biometrics Appointment

• After you file, USCIS will schedule you for a biometrics appointment at a local Application Support Center. They will take your fingerprints, photo, and signature. This is a standard step to verify your identity and conduct background checks.

Step 6: Receive Your New Green Card

• Once your application is approved, USCIS will produce and mail your new green card to you. You can track the status of your case online using the receipt number USCIS sends you after you file.

What About Traveling While My I-90 is Pending?

Waiting for your new green card can take several months. What if you need to travel internationally during this time?

• If your card is expired or lost: Once you file Form I-90, your I-797 receipt notice (which typically includes proof of a temporary green card extension), combined with your expired green card can provide temporary evidence of your status for a certain period. However, for international travel, reentry into the US is not always guaranteed. Please proceed with caution and consider speaking with a licensed immigration attorney before leaving the country. . 
• Getting temporary proof: You may be able to schedule an appointment at a local USCIS office to get a temporary stamp in your valid passport, known as an Alien Documentary Identification and Telecommunication (ADIT) stamp. This stamp serves as temporary evidence of your permanent resident status for travel and work purposes while you wait for your new card.

It's always best to resolve your need for travel proof before you leave the United States to ensure a smooth return.

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Learn what an Affidavit of Support (Form I-864) is, who needs one, the income requirements, and what it means to be a financial sponsor.

The Affidavit of Support Explained: Your Guide to Financially Sponsoring an Immigrant

If you're helping a family member apply for a green card, you'll definitely want to know about an Affidavit of Support. It can seem intimidating at first glance because it deals with finances and serious legal promises, but it’s a standard part of most family-based immigration processes.

This guide will break down what an Affidavit of Support is, who needs to file one, what the income requirements are, and what it means to be a sponsor.

What is an Affidavit of Support?

An Affidavit of Support is a legal contract between a sponsor (a U.S. citizen or green card holder) and the U.S. government. By signing it, the sponsor promises to financially support the immigrating family member so that they will not need to rely on public benefits from the government.

The main form used for this is Form I-864, Affidavit of Support Under Section 213A of the INA.

Who Needs to File an Affidavit of Support?

The person who filed the initial immigrant petition (Form I-130) for their family member must almost always be the one to file the Affidavit of Support.

This is typically required for:

• Most family-based green card applicants, including spouses, parents, children, and siblings.
• Some employment-based green card applicants, but only if the petition was filed by a relative or a company where a relative has a significant ownership interest.

For reference, the person filing the Affidavit of Support is called the "sponsor."

What are the Requirements for a Sponsor?

To be a financial sponsor for a green card applicant, you must meet a few requirements first:

• Status: You must be a U.S. citizen or a Lawful Permanent Resident (green card holder).
• Age: You must be at least 18 years old.
• Domicile: You must live in the United States or a U.S. territory.
• Income: Most importantly, you must have an annual income of at least 125% of the Federal Poverty Guidelines for your household size. (The requirement is 100% for sponsors who are on active duty in the U.S. armed forces and are sponsoring their spouse or child).

Understanding the Income Requirements

This is often the most confusing part of the process. Let's break it down.

1. What are the Federal Poverty Guidelines?

• The U.S. government publishes poverty levels each year that vary based on the number of people in a household. USCIS uses a specific version of these guidelines for the Affidavit of Support, which you can find on the USCIS I-864P, Poverty Guidelines page.

2. How do you calculate your household size?

• Your household size typically includes:
  
  • Yourself (the sponsor).
  • Your spouse (if you have one).
  • Any dependent children.
  • The intending immigrant you are sponsoring.
  • Any other immigrants you have previously sponsored with an I-864 who are now permanent residents.
  • Sometimes, other relatives living with you.

3. Do you meet the 125% requirement?

• You find your household size on the I-864P Poverty Guideline Page, then look at the income required for that number of people. The sponsor’s current individual annual income must be at or above that amount. For example, if the 125% level for a household of 2 is $25,550, the sponsor's income must be at least that much. (These numbers change, so always check the current chart).

What if My Income Isn't High Enough?

It's a common situation, and thankfully, there are other options if the main sponsor's income isn't sufficient on its own:

• Option 1: Use the Income of Other Household Members
  
  
  
  • You may be able to include the income of your spouse or other relatives living in your household. They would typically need to sign a special form (Form I-864A, Contract Between Sponsor and Household Member) agreeing to make their income available to support the immigrant.
    
    
• Option 2: Use Assets to Supplement Income
  
  
  
  • You can use the value of your assets (or the immigrant's assets) to make up for a shortfall in income. This can include cash in savings accounts, stocks, bonds, or real estate.
  • The general rule is that the total net value of the assets must be at least five times the difference between your income and the required 125% poverty level. (The multiple is lower in some specific cases, like for spouses of U.S. citizens).
    
    
• Option 3: Get a Joint Sponsor
  
  
  
  • A joint sponsor is another person (who must also be a U.S. citizen or green card holder) who agrees to accept full legal responsibility for supporting the immigrant, just like the main sponsor.
  • This person must meet the 125% income requirement on their own and will file their own separate Form I-864. This is a common solution, and can be any qualifying individual, not necessarily a family member.

What is the Sponsor's Responsibility?

Signing Form I-864 is a serious, legally binding commitment.

• It's a Contract: You are promising the U.S. government that you will ensure the immigrant has financial support.
• Duration: This responsibility typically ends only when the immigrant:
  
  • Becomes a U.S. citizen.
  • Has worked for 40 quarters (usually about 10 years) in the U.S.
  • Leaves the U.S. permanently.
  • Passes away.
• Repayment of Benefits: If the immigrant receives certain means-tested public benefits (like Medicaid or food stamps) while the affidavit is in effect, the government agency that provided the benefit can sue the sponsor to get the money back.

This responsibility does not end even if the sponsor and the immigrant get divorced (in a marriage-based case). It's a long-term commitment that should be taken seriously.

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Navigate Form I-130 with our easy guide! Learn who can sponsor relatives for a green card, and how to start the process.

If you're a U.S. citizen or a Lawful Permanent Resident (a.k.a. green card holder) wanting to help a close family member get a green card, Form I-130, Petition for Alien Relative, is most likely where you’ll want to start. It’s basically a way to say to the U.S. government, "Hey, this person is my relative, and I will vouch for them to get a green card."

This guide will walk you through what Form I-130 is for, who can file it, who can be sponsored, what you’ll need, and what happens after you send it in.

Disclaimer: This article is for educational purposes only and is not a substitute for legal advice from a licensed immigration attorney.

What's the Main Goal of Form I-130?

The whole point of Form I-130 is to prove to U.S. Citizenship and Immigration Services (USCIS) that a valid family relationship exists between you (the petitioner) and your relative (the beneficiary) who wants to immigrate. An approved I-130 doesn't guarantee a green card, but it’s the critical first step that gets them a place in line.

Who Can File Form I-130? (The "Petitioner")

To file Form I-130 for a relative, you (the petitioner) must be either:

• A U.S. Citizen
• A Lawful Permanent Resident (LPR), also known as a green card holder.

Your status will determine which relatives you can petition for.

Which Relatives Can You Sponsor with Form I-130? (The "Beneficiary")

This is where your status as a U.S. citizen or LPR really matters:

If you are a U.S. Citizen, you can file Form I-130 for your:

• Spouse
• Children (unmarried and under 21)
• Unmarried sons or daughters (21 or over)
• Married sons or daughters (any age)
• Parents (if you, the U.S. citizen petitioner, are 21 or older)
• Brothers or sisters (if you, the U.S. citizen petitioner, are 21 or older)

If you are a Lawful Permanent Resident (LPR), you can file Form I-130 for your:

• Spouse
• Unmarried children (under 21)
• Unmarried sons or daughters (21 or over)

Important Note on "Immediate Relatives": For U.S. citizens, spouses, unmarried children under 21, and parents are considered "immediate relatives." This is great because there are no annual limits on visas for immediate relatives, so they generally don't have to wait for a visa to become available after the I-130 is approved (though processing times still apply). Other categories (like siblings or adult children) are "preference categories" and often have waiting times determined by the Visa Bulletin.

Relatives Who Generally CANNOT Be Sponsored Directly Through Form I-130

It's also good to know who you can't directly petition for with an I-130:

• Grandparents
• Grandchildren (unless specific adoption laws apply or through a different process after their parent immigrates)
• Aunts or uncles
• Nieces or nephews
• Cousins
• In-laws (father-in-law, mother-in-law, etc.)

These relatives might be able to immigrate through other means, perhaps if another eligible relative petitions for them.

How Much Does It Cost to File Form I-130? (As of May 2025)

As of May 30, 2025 (and always double-check the official USCIS website before filing as fees can change):

• Filing Form I-130 online: $625
• Filing Form I-130 by paper (mail): $675

Remember, this fee is non-refundable, even if your petition is denied.

Key Documents You'll Need to File Form I-130 

The exact documents depend on your status and the relative you're petitioning for, but here's a general checklist of what you'll likely need to gather:

• Proof of Your Status (the Petitioner):
  
  • If U.S. Citizen: A copy of your birth certificate (if born in the U.S.), Certificate of Naturalization, Certificate of Citizenship, U.S. passport biographical page, or Consular Report of Birth Abroad.
  • If Lawful Permanent Resident: A copy of your Green Card (Form I-551, front and back) or a copy of your foreign passport with the stamp showing temporary evidence of LPR status.
• Proof of the Beneficiary's Identity and Nationality:
  
  • A copy of their birth certificate.
  • A copy of their passport biographical page.
• Proof of the Qualifying Family Relationship: This is super important!
  
  • For a Spouse:
    
    • A copy of your marriage certificate.
    • Proof that any previous marriages for either of you were legally terminated (e.g., divorce decrees, annulment documents, or death certificates).
    • Evidence of a bona fide (real) marriage (e.g., photos together over time, joint bank account statements, joint leases or mortgages, birth certificates of children you have together, affidavits from friends/family).
  • For a Child/Parent:
    
    • A copy of the child's birth certificate listing you (and/or your spouse, if applicable) as the parent.
    • If petitioning for a parent, your birth certificate showing their name(s).
    • If petitioning for an adopted child or adoptive parent, adoption decrees and other relevant legal documents.
    • If petitioning for a stepchild or stepparent, marriage certificate proving the marriage that created the step-relationship occurred before the child turned 18.
  • For a Sibling:
    
    • Your birth certificate and your sibling's birth certificate showing you have at least one common parent.
    • If you have different last names or only one common parent, you might need additional documents like marriage certificates of parents or adoption papers.
• Passport-Style Photos: Sometimes required for you and/or your relative, especially if filing for adjustment of status concurrently or for consular processing later. Check the specific I-130 instructions.
• Name Change Documents: If either you or your relative has legally changed names (e.g., through marriage or court order), provide copies of those documents.
• The Completed Form I-130: Make sure it's the latest edition from the USCIS website, signed and dated.

Always check the most current Form I-130 instructions on the USCIS website for the definitive list of required documents for your specific situation.

How to File Form I-130: The Basic Steps

1. Complete Form I-130: Fill it out accurately and completely. You can type it or hand-write your answers (legibly!) in black ink. 
2. Gather Your Supporting Documents: Collect all the necessary documents from the checklist above that apply to your situation. Make sure you have clear copies.
3. Pay the Filing Fee: Pay the correct fee (As of June 2025, $625 for online, $675 for paper, as of this writing).
4. File Your Petition:
   
   • Online: You can file Form I-130 online through a USCIS online account for most categories. This is often the preferred method.
   • By Mail: If filing by paper, mail your completed Form I-130, the fee, and all supporting documents to the correct USCIS Lockbox facility address listed in the form instructions.

Crucial Tip (Newer Requirement): When you file, you must clearly indicate whether your relative will apply for their immigrant visa at a U.S. consulate abroad (consular processing) or if they are in the U.S. and will apply to adjust their status to a green card holder (adjustment of status). 

What Happens After You File Form I-130?

Once USCIS receives your I-130 petition, here’s a general idea of what to expect:

1. Receipt Notice: You'll get a Form I-797C, Notice of Action, confirming they've received your petition. This will include a receipt number you can use to track your case status online.
2. Review for Completeness: USCIS will check if your petition is properly filed with the required initial evidence and fee.
3. Biometrics Appointment: This is generally not required for the petitioner of an I-130, but may come later for the beneficiary in subsequent steps.
4. Request for Evidence (RFE): If USCIS needs more information or documents, they'll send you an RFE. Respond to it promptly and thoroughly.
5. Interview (Maybe): While not always required for I-130 petitions themselves, USCIS might schedule an interview, especially for marriage-based petitions, to verify the authenticity of the relationship.
6. Decision (Approval or Denial):
   
   • If Approved: Great! This means USCIS agrees you have a qualifying relationship.
     
     • If your relative is outside the U.S. (or will be consular processing), USCIS sends the approved petition to the Department of State's National Visa Center (NVC). The NVC will then contact your relative to begin the immigrant visa application process.
     • If your relative is inside the U.S. and eligible, they may be able to file Form I-485, Application to Register Permanent Residence or Adjust Status, to get their green card without leaving the country. This depends on visa availability (check the Visa Bulletin!).
   • If Denied: USCIS will send a letter explaining the reasons. You may have options to appeal or file a motion to reopen/reconsider, or you might need to refile.

How Long Will It Take? (I-130 Processing Times)

Processing times for Form I-130 sadly vary quite a bit, from several months to over a year (or even longer). How long the processing takes depends on the petitioner's status (U.S. citizen or LPR), the relationship category, the specific USCIS service center handling the case, and their current workload.

You can check estimated processing times on the USCIS website, but remember these are just estimates.

Form I-130 in Action: Meet Maria and Luis (A Fictional Example)

Let's imagine a person named Maria, a U.S. citizen living in California, who recently married Luis. Luis is currently living in his home country, Mexico. Maria wants to bring Luis to the United States to live with her permanently.

Here’s a simplified look at how Maria might use Form I-130:

1. Maria Gets Started (The Petitioner):
   
   
   
   • As a U.S. citizen, Maria is eligible to petition for her spouse, Luis.
   • She goes to the official USCIS website and downloads the latest edition of Form I-130 and its instructions.
2. Filling Out Form I-130 and Gathering Documents:
   
   
   
   • Maria carefully fills out Form I-130, providing all the required information about herself and Luis.
   • She indicates that Luis will be applying for his immigrant visa at a U.S. consulate in Mexico (this is "consular processing").
   • She gathers her supporting documents. For her and Luis, this would include:
     
     • A copy of her U.S. birth certificate (to prove her U.S. citizenship).
     • A copy of their official marriage certificate.
     • Proof that any previous marriages for either of them were legally ended (luckily, this is the first marriage for both).
     • Evidence that their marriage is genuine (bona fide), not just for immigration purposes. This might include photos of them together over time, correspondence, travel itineraries from visits, and maybe affidavits from friends or family who know them as a couple.
3. Paying the Fee and Filing:
   
   
   
   • Maria checks the current USCIS filing fee for Form I-130. As of May 2025, if she files online, it's $625.
   • She decides to file online through her USCIS account, uploads her completed Form I-130, all the supporting documents as clear digital copies, and pays the fee.
4. What Happens After Maria Files:
   
   
   
   • Receipt Notice: Soon after filing, Maria receives an official receipt notice (Form I-797C, Notice of Action) from USCIS. This notice includes a receipt number, which she can use to track the status of her I-130 petition online.
   • Processing: USCIS will review her petition and documents. In some cases, they might issue a Request for Evidence (RFE) if they need more information, or they might schedule an interview (though less common for straightforward I-130s where the beneficiary is abroad). Let's say Maria's package was complete and clear.
   • Approval! After some months (processing times vary!), Maria receives great news: her Form I-130 petition for Luis is approved! She gets an approval notice from USCIS.
5. The Next Steps for Luis:
   
   
   
   • Because Luis is in Mexico and will be processing his immigrant visa there, USCIS sends the approved I-130 petition to the U.S. Department of State's National Visa Center (NVC).
   • The NVC will then contact both Maria and Luis to begin the next stage. This involves paying more fees (for the visa application and affidavit of support), submitting additional forms (like the DS-260, Immigrant Visa Application for Luis, and Form I-864, Affidavit of Support from Maria), and providing civil documents.
   • Once all that is processed by the NVC, Luis will eventually be scheduled for an interview at the U.S. embassy or consulate in Mexico. If his interview is successful and he meets all requirements, he'll receive his immigrant visa to come to the U.S. and become a lawful permanent resident.

Important Note: This is a very simplified example to illustrate the basic I-130 journey for a U.S. citizen sponsoring a spouse abroad. Every case is unique, required documents can vary, and processing times can change significantly.

Filing Form I-130 is a significant step in helping your family member immigrate. By understanding the requirements and preparing your petition carefully, you can help make the process as smooth as possible.

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

What is a FOIA Request?

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

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

When Should I Submit a FOIA Request?

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

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

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

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

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

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

How Do I Submit a FOIA Request?

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

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

Conclusion 

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

What is Form I-566?

I-566, Interagency Record of Request -- A, G or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G or NATO Status, can be used for various reasons. Here at SimpleCitizen, we include the option to include this form for individuals with A, G, or NATO status in the United States who are applying to adjust their status. This form helps these individuals who would be otherwise ineligible to file for an adjustment of status to permanent residence to be eligible to receive legal permanent residence in the United States.

When to file Form I-566 and Connected Forms

For A, G, and NATO non-immigrant visa holders who are required to file Form I-566, this form can be filed at the time of submission of Form I-485, Application to Register Permanent Residence or Adjust Status.

We’re happy you’re here!

SimpleCitizen is here to help you achieve the American dream. Safely and accurately apply, submit, & stay on top of your immigration status. Let SimpleCitizen guide you through filing Form I-566. With our easy-to-use platform and expert guidance, filing Form I-566 has never been simpler. Check your eligibility to Form I-566 with SimpleCitizen.

Learn more about what we do, our application assistance timeline, and what customers say about SimpleCitizen’s services.

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What is Form I-508?

I-508, Request for Waiver of Certain Rights, Privileges, Exemptions and Immunities, is used by non-US citizens working in the US for a foreign government or international organizations who are on A, G, and E non-immigrant visas. Under those statuses/visas, there are certain privileges, exemptions, and immunities. The purpose of this form is for lawful permanent residents and individuals applying to adjust their status to permanent residency to waive those privileges in order to have a permanent resident status. At SimpleCitizen, we include the option for the required individuals to include this form with the adjustment of status application.

When to file Form I-508 and Connected Forms

For A, G, and E non-immigrant visa holders who are required to file Form I-508, this form is filed at the time of submission of Form I-485, Application to Register Permanent Residence or Adjust Status.

We’re happy you’re here!

SimpleCitizen is here to help you achieve the American dream. Safely and accurately apply, submit, & stay on top of your immigration status. Let SimpleCitizen guide you through filing Form I-508. With our easy-to-use platform and expert guidance, filing Form I-508  has never been simpler. Check your eligibility to Form I-508 with SimpleCitizen.

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What is Form I-485?

Last Updated: Dec 5, 2024

Form I-485, Application to Register Permanent Residence or Adjust Status, is used to either register for permanent legal residence in the United States or adjust to permanent resident status. Adjusting to permanent resident status simply means obtaining a green card (i.e., permanent legal residency) without returning to your home country if you’re already in the United States. 

For family-based and employment-based green card applications, Form I-485 is the second step in becoming a permanent resident, and other forms will either have already been filed or will be filed along with Form I-485. 

When to file Form I-485:

When to file Form I-485 will vary depending on how the individual is eligible for the adjustment of status. Let's look at some of the common situations SimpleCitizen helps with.

Family-Based Applications:

Entered the US on a Fiancé(e) Visa (K Visa): Once the couple has been married after entering on the K visa, they are eligible to file Form I-485 for K-1 visa holders and any K-2 dependents also in the US.
‍Immediate Relatives of US citizens: If the relative is considered an immediate relative of a U.S. Citizen (spouses of citizens, unmarried children (under age 21) of citizens, and parents of citizens 21 years of age or older), they may be eligible to file Form I-485, Application to Register Permanent Residence or Adjust Status, at the same time as the Form I-130.
Non-Immediate Relatives: Any other eligible family-based applications will file Form I-130 and wait for the visa bulletin to indicate their priority date has been reached and that they can continue. At that point, they can file Form I-485.

Employment-Based Applications: 

Employment-based applicants will file Form  I-140 and wait for the visa bulletin to indicate their priority date has been reached and that they can continue. At that point, they will be able to file the Form I-485.

Connected Forms

USCIS has several forms connected to Form I-485, some of which are required and some of which are optional. Here are some of the commonly connected forms:

As mentioned above, at times, Form I-130, Petition for Alien Relative, and Form I-140, Immigrant Petition for Alien Workers, will be filed at the same time as Form I-130.

Form I-693, Report of Immigration Medical Examination and Vaccination Record: Form I-693 is typically a required form. If you are required to submit a complete or partially completed I-693, it MUST be filed concurrently with Form I-485. As of Dec 2, 2024, this form can no longer be submitted to USCIS after submitting Form I-485.

Form I-765, Application for Employment Authorization, is the application to request employment authorization along with the adjustment of status application. This form is optional. 

Form I-131, Application for Travel Document, is the application to request advance parole along with the adjustment of status application. This form is optional.

Form I-864, Affidavit of Support Under Section 213A of the INA, is the form for financial sponsorship. For family-based applications, this is a required form. For some other applications, such as DV lottery-based, employment-based, and asylum-based applications, form I-864 is typically not required (though there may be exceptions).

Form I-485 Supplement J, ​​Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j), is required for some employment-based applications. Below you will find additional USCIS information on the use of this supplement. 

We’re happy you’re here!

SimpleCitizen is here to help you achieve the American dream. Safely and accurately apply, submit, & stay on top of your immigration status. Let SimpleCitizen guide you through filing Form I-485 and other connected forms. With our easy-to-use platform and expert guidance, filing Form I-485 has never been simpler. Check your eligibility to Form I-485 with SimpleCitizen.

Learn more about what we do, our application assistance timeline, and what customers say about SimpleCitizen’s services.

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Connected Articles: 

What is Form I-485 Used For?

Who May File Form I-485?

What Evidence Must You Provide With Form I-485?

Understanding the Different Paths to Permanent Residency for Marriage-Based Applications

What is Form I-751?

Form I-751, Petition to Remove Conditions on Residence, applies for a 10-year green card when a permanent resident’s 2-year conditional green card expires. A conditional green card is a type of green card explicitly given to people who are married to US citizens who were married for less than two years at the time of green card approval. When filing Form I-751, a couple must provide evidence that the marriage is genuine and they are still living together. Failure to file Form I-751 or remove the conditions can result in USCIS terminating the green card and placing the individual in removal proceedings. 

When to file Form I-751:

Typically, unless the form’s joint filing requirement is requested to be waived, it can be submitted up to 90 days before their conditional green card expires. USCIS states, “If this petition is not filed, you will automatically lose your permanent resident status two years from the date you were granted conditional status. You will then become removable from the United States. SPECIAL NOTE: If your failure to file was through no fault of your own, you may file your petition late with a written explanation and request that USCIS excuse the late filing. Failure to file before the expiration date may be excused if you demonstrate when you file the petition that the delay was due to extraordinary circumstances beyond your control and that the length of the delay was reasonable.”

If Form I-751 is filed with a request to waive the requirement of joint filing under the approved USCIS reasons, the petition can be filed at any time between green card approval and its expiration. 

Connected Forms

Generally, this form is filed separately from other forms and doesn’t require any other forms to be filed simultaneously.

We’re happy you’re here!

SimpleCitizen is here to help you achieve the American dream. Safely and accurately apply, submit, & stay on top of your immigration status. Let SimpleCitizen guide you through filing Form I-751. With our easy-to-use platform and expert guidance, filing Form I-751 has never been simpler. Check your eligibility to Form I-751 with SimpleCitizen.

Learn more about what we do, our application assistance timeline, and what customers say about SimpleCitizen’s services.

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

Connected Articles: 

How to Apply to Remove the Green Card Conditions

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

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

Calculating When to File for the Removal of Conditions 

5 Tips for Removing Conditions After a Divorce 

Understanding Which Green Card Renewal Process is Right For You

What is Form N-400?

N-400, Application for Naturalization, if the application to apply for U.S. Citizenship through naturalization. What this means is that this form is used by U.S. permanent residents that meet the necessary criteria to apply for citizenship. 

When to file Form N-400:

As a general rule, permanent residents over the age of 18 are eligible to apply for naturalization after they have been held and maintained permanent resident status for 5 years. Some exceptions exist, such as spouses of U.S. citizens who obtained their permanent residency through that spouse. In that case, they can apply after 3 years as a permanent resident. There are also some exceptions for members of the U.S. military. 

Connected Forms

Generally, this form is filed separately from other forms and doesn’t require any other forms to be filed simultaneously.

We’re happy you’re here!

SimpleCitizen is here to help you achieve the American dream. Safely and accurately apply, submit, & stay on top of your immigration status. Let SimpleCitizen guide you through filing Form N-400. With our easy-to-use platform and expert guidance, filing Form N-400 has never been simpler. Check your eligibility to Form N-400 with SimpleCitizen.

Learn more about what we do, our application assistance timeline, and what customers say about SimpleCitizen’s services.

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

Connected Articles:

What Happens After Submitting Your Form N-400?

4 Common Reasons Citizenship Applications are Denied 

What is “Good Moral Character?” 

How to Apply for Citizenship while Serving in the United States Military