Administrative Relief
Alert (Jan 2017):
President-elect Donald Trump will take office at noon on January
20, 2017. The new president may decide to make adjustments
to the current legal immigration system and enforcement policies
and may discontinue DACA (Deferred Action for Childhood
Arrivals)--an election promise he issued. Checking with
the various U.S. Department of Justice agencies listed in the
second paragraph below will help keep you informed of future
changes in immigration policy, procedures and programs.
Info (Dec 2014): If you have questions, concerns,
or need basic facts concerning President Obama’s recent
“Administrative Relief” actions announced on November
20, 2014 visit the Committee for Immigration Reform
Implementation (CIRI) Resource Center at
www.adminrelief.org for
details and sign up for email alerts as well!
U.S.
Department
of Justice agencies are also providing information and
details on how Administrative Relief will be implemented
within their own agencies.
Department of Homeland Security (DHS):
https://www.dhs.gov/archive/immigration-action
Immigration and Customs
Enforcement (ICE):
https://www.ice.gov/immigrationAction
U.S. Citizenship and Immigration Services (USCIS):
https://www.uscis.gov/immigrationaction
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Affidavit of Support Letters:
Authorization
Reminder (Apr 2016, Nov 2014): For the past several years, it has been the
established protocol of the Society of the Divine Word's Chicago
Province (USC) that the USC Provincial is the
only person authorized to write letters of invitation for family
members, friends, and other SVDs seeking to come to the U.S. to
visit on a B1/B2 Tourist Visa. (This also includes so-called
"simple" letters of invitation.) This policy was recommended to
us by our immigration legal team who firmly advise that only one
person should speak for the Chicago Province when inviting nonimmigrants
into the United States. Since the legal responsibility for these
nonimmigrants lies with the Chicago Province while they are here in the U.S.,
it is the Provincial who speaks for (and represents) the Chicago
Province in
this the legal responsibility.
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Alien Registration "Green Card" Holder
Reminders
Reminder (Jul
2017, Feb
2015, Aug 2012): If you are a Legal Permanent Resident (LPR) traveling outside of the
U.S., you need to have a valid passport and your "green card"
with you. It is a good, sensible idea to always have your
passport stamped as this will help you keep track of your travel
dates. Later should you decide to apply for naturalization, you
will be required to list all of your trips outside the U.S. since
becoming an LPR and it may be difficult to recall all the dates without
the corresponding stamps in your passport.
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Application to Preserve
Residence for Naturalization Purposes (for LPRs)
Info (May 2015): Certain LPRs serving outside the U.S.
may be eligible to file a form N-470 Application to Preserve
Residence for Naturalization Purposes. If approved, time spent
outside the U.S. may be counted as physical presence in the U.S.
and count toward the LPR’s naturalization.
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Canada:
Electronic Travel Authorization (eTA)
Update (Jun 2016):
The leniency period for complying with the new Electronic
Travel Authorization (eTA) requirement has been extended to
September 29, 2016 but if you need an eTA don’t wait! Find
instructions at
http://www.cic.gc.ca/english/visit/eta.asp
and answers to frequently asked questions at
http://www.cic.gc.ca/english/helpcentre/results-by-topic.asp?st=16.7.
Alert (May 2016): As of March 15, 2016, visa-exempt foreign
nationals are expected to have an Electronic Travel Authorization (eTA)
to fly to or transit through Canada. Exceptions include U.S.
citizens and travelers with a valid Canadian visa. Check
http://cic.gc.ca/english/visit/eta.asp
for details on eTA requirements, documents, and applying.
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Canadian Immigration Websites
Update (Aug 2016):
The website addresses and information listed for these Canadian
immigration websites have been reviewed, updated, and are current
as of August 2016.
Update (Apr
2014):
Several of the links
below have
been updated.
Info (Mar 2013):
Following are several websites that could be helpful to our
members assigned to Canada. The list is courtesy of our
Canadian immigration attorneys.
•
Citizenship and Immigration Canada:
http://www.cic.gc.ca/english/index.asp
•
Official site of the Government of Quebec.
The Ministère de I’Immigration, de la Diversitè et
l'Inclusion:
http://www.immigration-quebec.gouv.qc.ca/en/index.html
(note that the content of this site is not entirely
translated in English)
•
The Régie d’Assurance Maladie du Québec (Quebec
health insurance program):
http://www.ramq.gouv.qc.ca/en/Pages/home.aspx
•
Employment and Social Development (previously known as
"Service Canada")
https://www.canada.ca/en/employment-social-development.html
•
Ontario Health Insurance Program (OHIP):
http://www.health.gov.on.ca/en/public/programs/ohip/
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Canadian Residency Obligation
Reminder (Jun
2014): Individuals with Permanent Resident (PR) status in Canada are
required to comply with the residency obligation with respect to
"every five-year period". This means that an
individual must be physically present in Canada for at least 730
days during each five-year period.
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Change of Address Requirement
Info (Mar 2016, Nov 2014): Please note that when filling out the AR-11
Change of Address form, your employer's name and address is the
"Society of the Divine Word, 1985 Waukegan Road, Techny,
Illinois 60082." The employer you list is not the
archdiocese or parish you are assigned to.
Reminder
(Jun 2014, Apr 2012):
It is your personal responsibility to keep the USCIS up-to-date on
your current address. Please refer to the Alert below for details on
how to do that.
Failure to report a change of address is punishable by fine or
imprisonment and/or removal.
Keeping the USCIS up-to-date is the responsibility of Lawful
Permanent Residents (LPRs) and all nonimmigrant visa holders.
That includes those who are in R-1 Religious Worker status.
Reminder (Mar
2012):
Lawful Permanent Residents (LPRs) are
required to notify USCIS of every change of address until such
time you obtain U.S. Citizenship. See the Alert below. The address change can
be completed
online at the USCIS website. It is Form AR-11.
Alert (Jun 2011): Per the USCIS, Lawful
Permanent Residents (LPRs) and all nonimmigrant visa holders,
including R-1 Religious Worker status,
are required to update the U.S. Customs and Immigration Service (USCIS) concerning any change in address. To do this, go to
https://www.uscis.gov/ar-11. Complete the form
online and submit it electronically. Save a pdf copy of the completed,
submitted form for your records and send a copy to the Provincial
Office or Province Education Office.
During the May 24,
2011 Department of Homeland Security/U.S. Citizenship
and Immigration Services’ inspection visit, the officer from the
Administrative Site Visit Verification Program inquired about our
compliance with this address verification requirement.
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Correct (and Consistent) Name on
Immigration Documents
Reminder
(Jun 2016, Jan 2014): Visa
holders are urged to make sure that their name is correct on all
official immigration documents as well as driver's license
applications and other identity-related documents. All
documents should have your name spelled exactly as it is listed
on your passport and the passport should match exactly what is
listed on your U.S. visa.
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Deferred Action for Childhood Arrivals (DACA)
Alert (Jan 2017):
President-elect Donald Trump will take office at noon on January
20, 2017. Although he stated during his campaign that he
would end DACA, it is unclear how, when, or if this will
actually happen. If you are planning to apply for DACA or
renewing your application, it is advised that you consult with
your attorney or a trusted legal service provider for advice
first.
Update (Sep 2012):
On June 15, 2012, President Obama announced a
program offering deferred action to certain people who are
present in the United States unlawfully and came to the United
States as children.
Program details can be found at
https://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-daca
(link updated October 7, 2015)
or visit our Immigration Resources page
here.
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Deferred
Inspection Sites
Info (Jul 2016):
These sites provide assistance to those individuals who at the time
of entry into the United States were scheduled for a deferred
inspection or believe that the documentation and corresponding
endorsements issued at the port of entry require review and possible
correction. For locations and details go to U.S. Customs and Border
Protection’s website at
https://www.cbp.gov/document/guidance/deferred-inspection-sites.
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Driver's License
Info (Jul 2017, Jul 2015): The State of Nevada offers an
up-to-date, comprehensive list of all 50 state's Department of
Motor Vehicles (DMV) websites. Visit
www.dmvnv.com/50_state_dmv_list.html.
Info (May 2013): The requirements for applying for a driver's
license may vary from state to state, so you will need to check
with the local office that issues the license in your area of
residence. For State of Illinois requirements, please visit
www.cyberdriveillinois.com
which will provide you with information regarding necessary
documents for both driver’s licenses and state ID cards.
(See also Section VI of the SVD USC Visa Holders Handbook.)
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Employment for F-1 Students Targeted
Update (Sep
2015): On March 7, 2014 the
U.S. General Accountability Office (GAO) responded to Sen.
Grassley's concerns. You can access the GAO’s recommendations
and Department of Homeland Security (DHS) responses
here.
Update (Sep 2012):
Sen. Charles Grassley (R. IA) has focused on F-1
student employment as a possible threat to U.S. national and
economic security and program integrity. In a May 31, 2012
letter to the Government Accounting Office (GAO), he called for
a complete investigation of the Optional Practical Training
Program. In a February 2012 letter to President Obama, Sen.
Grassley criticized an expansion of OPT for certain students in
high tech fields during a period of high unemployment of U.S.
workers. Recently, USCIS has begun denying OPT requests that
are not timely filed by the student within 30 days of the DSO’s
recommendation.
Unauthorized employment by F-1 students is a violation of
status. Employment may be authorized:
•
at an on-campus job;
•
as curricular practical training (“CPT”) to engage in an
externship or work-study program for course credit or
required by his or her academic program;
•
as optional practical training (“OPT”), with
authorization by USCIS to allow a student to work in a
job related to his or her field of study but not
required by his or her academic program and for which
course credit is not granted; or
•
because of proven, unanticipated financial hardship.
F-1 students must consult with their DSO
before beginning
employment to make sure their employment is lawful and that
all necessary paperwork is completed. All of these employment
categories contain restrictions on the number of hours or number
of months a student may work. For example on-campus employment,
OPT engaged in prior to graduation, and financial hardship
employment may be only part-time (i.e. no more than 20 hours a
week) except during school holidays and in the summer. In
addition, in most cases students must have completed at least
one academic year of full-time study before being eligible for
employment authorization. Finally, with the exception of
on-campus employment, all employment requires the DSO to
authorize the employment in SEVIS. For OPT and financial
hardship employment, the student must also apply to USCIS and
receive an employment authorization card before beginning work.
Sen. Grassley letter to GAO regarding OPT
Sen. Grassley Letter to the President
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F-1
Student Status: Completion of Studies
Alert (May 2016): After you have completed your academic studies,
you must depart the U.S. within 60 days of completing your program.
See the SVD USC Handbook for Visa Holders, Section I, page 6 for
complete details.
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Global Entry Program (LPRs)
Update (Aug 2017):
CBP (U.S. Customs and Border Protection) has expanded program
eligibility for Global Entry to citizens of India. The announcement
was made July 3, 2017 and can be read at
https://www.cbp.gov/newsroom/national-media-release/cbp-announces-expansion-global-entry-indian-citizens.
Info
(Jun
2015): If you are enrolled in the Global Entry Program (GE) and
your LPR card (aka "green card") has been renewed or
replaced since enrolling in GE, you will need to visit a Global
Entry Center so that a Customs Border Protection (CBP) officer
can input the LPR card's "new" information. The CBP-entered
data will then coincide with your Global Entry Program
membership and your LPR card will be accepted at GE kiosks.
Global Entry Centers are located in most major U.S. airports.
Visit
https://www.cbp.gov/travel/trusted-traveler-programs/global-entry/locations for a list.
Reminder (Feb 2015, Apr 2012): "Green Card" holders are eligible to apply for
the Global Entry Program. See the information below (Apr
2012) and
the
U.S.
Customs and Border Protection website for details.
Info (Apr
2012): Global Entry is a U.S. Customs and Border Protection (CBP) program that
allows expedited clearance for pre-approved, low-risk travelers upon
arrival in the United States. For full details, requirements, and
to sign up for the program, visit the CBP site
https://www.cbp.gov/travel/trusted-traveler-programs/global-entry/how-apply. As
we understand it, this program is available to U.S. citizens, Lawful
Permanent Residents (LPRs), and citizens of Mexico.
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Guide to USCIS Online Tools
Info (Feb 2017, Aug 2015, Jul 2014): USCIS
offers a variety of online tools for their customers, the
organizations that serve them and the general public. The
information from their online tools is updated based on their
systems and usually provides the same information you would get
by calling the USCIS national toll-free number. You can
keep track of your case, make an appointment at one of their
local field offices or verify your employment eligibility.
Access the guide at
https://www.uscis.gov/tools.
We even suggest you print the page out for quick reference.
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I-94 Arrival / Departure Record (NonImmigrants)
Alert (Nov 2016):
Customs and Border Protection (CBP) has changed the website address
at which you can obtain a copy of your I-94 and travel
history. Please note that the new address is
https://i94.cbp.dhs.gov/I94/#/home.
When requesting a copy of your I-94 (or travel history), you should
have your passport available as the site will ask you for your first name, last name, date of birth,
passport number and the country of issuance. (All of that
information is noted on your
passport.)
Info (Sep 2015, Dec 2013):
Nonimmigrants departing the U.S. by air or sea and who
were previously issued a paper Form I-94 (White Card) should
surrender it to their commercial carrier or to Customs and
Border Protection (CBP) upon departure. Those with the new
electronic I-94 record printout do NOT need to surrender the
document since CBP will record their departure electronically
via the manifest information provided by their carrier.
Update (Sept 2015, Jul 2013):
The paperless I-94 is now in effect. Travelers arriving to
the U.S. by sea or air will have their passports stamped with an
admission stamp that notes their date of admission, class of
admission and admitted-until date. It is the
responsibility of the traveler to then retrieve/obtain their own
I-94 paper copy at
https://i94.cbp.dhs.gov/I94/#/home.
Reminder (Sep 2015, Aug 2012): Rule 264e of the Immigration and
Nationality Act, states that the I-94 Arrival/Departure Card must be
carried on your person. There is a fine as well as possible jail
time (misdemeanor charge) for not complying with the rule. This rule
also applies to anyone in the U.S. holding a B1/B2 Tourist status.
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Immigration Documents
Reminder (Jul 2017, Mar 2015, Sep 2013): Visa
holders must carry their I-94 with them at all times.
This is the law for visa holders. Legal Permanent Residents (LPRs) must carry their permanent
residence card (aka "green card") with them at all times.
This is the law for LPRs.
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Immigration Site Visits by the USCIS
Info (Nov 2014): The number of unannounced site inspections by U.S.
Citizenship and Immigration Services (USCIS) is now seven: Five
in-person inspections occurring at the Province Center, an SVD
community or parish; and two inspections via phone by a USCIS
agent.
Info (Aug 2014):
The
Chicago Province experienced the sixth unannounced site inspection
by U.S. Citizenship and Immigration Services (USCIS) Department
of Homeland Security, Administrative Site Visit and Verification
Program on April 16, 2014. Four of the unannounced visits
have taken place at the Province Center, one at an SVD
Community, and one at an SVD Parish. The Provincial also
received a phone call from a USCIS Site Verification Office on
May 15, 2014 asking to verify the R-1 employment of two SVDs
working at a parish in the Midwest.
All Religious Worker (R-1) applicants and valid R-1
status holders are subject to these inspections. An
example being the latest inspection which was for an SVD
recently approved for an R-1 extension. Remain vigilant!
Info (May 2011):
The
Chicago Province had its fourth unannounced immigration visit on May
24, 2011 when an agent from the Administrative Site Visit and
Verification Program, U.S. Citizenship and Immigration Services,
Department of Homeland Security came to the Province Center.
The interview was lengthy and detailed, but we were well prepared
and answered all questions thoroughly. The visit also involved a
campus tour, as well as some picture taking by the officer.
Earlier this year the same government agency paid an unannounced
visit to one of our communities, and prior to this the USCIS conducted
an inspection over the phone with a member.
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Immigration
Terminology
Info (Jun 2017, Nov 2015):
The SVD Handbook for Visa Holders has a section that
explains many frequently used terms and acronyms with regards to
immigration (i.e., "alien", "Port of Entry", "SEVIS", etc.).
See page 25, Section XIV.
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InfoPass
Info (Aug 2016):
USCIS (U.S. Citizenship and Immigration Services) has launched a
“refresh” of InfoPass, the online system that lets you schedule an
appointment at one of their offices. New features include a mapping
function that makes it easier to find a local office in the United
States and an improved visual style that matches the rest of USCIS’
web site. At the InfoPass site you can also link to application
forms and check on your case status and more. Go to
https://my.uscis.gov/en/appointment.
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Lawful Permanent Residence (LPR):
Procedure for Applying
Info (Feb 2016): SVDs applying for Lawful Permanent
Residence status, i.e. a “green card” can only do so after
receiving authorization from the Provincial. Only the
Provincial is authorized to give permission for this process.
For complete procedure details see Section X, page 20 of the
SVD Handbook for Visa Holders
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Maximum Status Rule (R-1s)
Reminder (Oct 2015, Sep 2011): An individual holding an R-1 visa must depart the U.S. for at least
one full year after reaching the five-year maximum. R-1 Holders need to keep this in mind when planning
extended trips outside of the United States.
This five-year time limit could also affect those filing for Legal
Permanent Resident (LPR). Such persons must remain in valid R-1 status
up to the time he applies for LPR status and must obtain an
Employment Authorization Document (EAD) in order to remain eligible
to adjust status.
Update (Apr 2012): On March 8, 2012 the USCIS issued a
Policy Memorandum which formally recognizes that
time spent outside of the U.S. by R-1 nonimmigrants will not be
counted toward their five-year time limit. This reverses their
official position of August 29, 2011 (below) and is good news, indeed!
Alert (Sep 2011):
The USCIS reaffirmed their position on recapturing R-1 time while
outside of the U.S. and this official position was published in "88
Interpreter Releases", pp. 2048, dated August 29, 2011. The USCIC
decision was made public during the National Religious Worker
Stakeholder Engagement Q&A Sessions held on July 14, 2011 and July 28,
2011.
USCIS Official
position (as of August 29, 2011): The five-year time limit will
continue to accrue even while a person is outside of the U.S.
for meetings, home leave or other reasons.
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Medical Examination and Vaccination Record
(LPR Applicants)
Update (Apr 2017): Form I-693 Report of Medical Examination and
Vaccination Record has been updated by USCIS. Starting April
28, 2017, USCIS will only accept the 02/07/17 edition of this
form. Until then, you can use the 03/30/15 edition.
(You can
find the edition date at the bottom of the page on the Form and
Instructions.) For specific details and instructions go to the USCIS website at
https://www.uscis.gov/i-693.
Alert (Aug 2014):
Starting May 30, 2014, U.S. Citizenship and Immigration
Services (USCIS) will limit the validity period for all Forms
I-693 Report of Medical Examination and Vaccination Record to
one year from the date of submission to USCIS. Applicants
must also submit Form I-693 to USCIS within one year of the
immigration medical examination.
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Naturalization
Reminder (Feb 2017, Aug 2014): Legal Permanent Residents (LPRs) intending to
apply for naturalization--whether soon or in the coming
years--should review the U.S. residency requirements noted in
the Oct 2011 Alert below.
Alert (Oct 2011):
The rule for naturalization is that
the applicant must be an LPR residing in the U.S. for at least five
years, and physically present in the U.S. for at least one half of those
five years. Any departure of more than six months and less than
one year gives rise to a presumption that the LPR broke his continuous
residence. That presumption may be overcome by evidence that the
LPR did not intend to abandon his residence in the U.S. Any
departure of more than one year will necessarily break residence for
naturalization purposes, unless the LPR has filed an N-470 application
to preserve residence for naturalization purposes.
The N-470
application, when approved, treats period of time spent outside the U.S.
as if it were physical presence in the U.S. It is available to
priests and religious workers assigned to perform religious service
outside the U.S. But the LPR must have been continuously
physically present in the U.S. for one year in order to qualify for the
N-470 benefit.
If the
priest or confrere will be outside the U.S. for longer than six months,
it is recommended that he file an application for a re-entry permit.
This is one way to argue that the LPR did not intend to abandon his
residence in the U.S.
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One Year Presence (LPRs)
Reminder (Dec 2015, Aug 2011): LPRs must be continuously physically present in the U.S. for a
one year period after becoming a Lawful Permanent Resident,
if they intend to file for the N-470 (Application to Preserve Residence
for Naturalization Purposes) anytime in the future. Check the USCIS
web site under
https://www.uscis.gov/sites/default/files/files/form/n-470instr.pdf
for additional details.
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Overseas Training Program / Cultural
Training Program (F-1s)
Update (Apr 2015):
The guidelines
issued by this Province for OTP/CTP
have been updated to be more specific and to also include
information about C transit visas. See item 2.(B) under
section "Before
returning to the U.S." We suggest you print a copy of
these guidelines for
your reference.
Info (Sep 2012): The USC
Education Office and Scott D. Pollock and Associates have
developed a set of
guidelines for F-1 Students planning to participate in the
OTP (Overseas Training Program) / CTP (Cultural Training
Program) outside of the United States. You are encouraged
to review the guidelines in order to ensure a timely and trouble-free
return to the U.S.
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Passport: Expiration Date
Reminder (Sep
2017, Jan
2015, Dec 2012):
You are reminded to check the expiration date of your passport
and renew it well in advance of the expiration. The
renewal process for some countries can be lengthy. You
should check the website,
www.embassyworld.org, which is a directory of
locations and links to foreign nations' embassies and
consulates.
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Passport: Lost or Stolen
Info (Sep 2017, Oct 2015, Apr 2013): The U.S.
Department of State has complete information and
instructions on what to do if your valid U.S. passport is
lost or stolen either in the United States or abroad or if
you find another person's lost U.S. passport. The website is
https://travel.state.gov/content/passports/en/emergencies/lost-or-stolen-passports-abroad.html.
If you have a foreign passport that has been lost or stolen,
contact your home country's consulate general for additional
information. To locate your home country's embassy or
consular offices within the U.S. visit
www.embassyworld.org.
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Passport: Renewal
Info (Sep 2017, Mar 2015, Nov 2012):
If you renew your passport and
your old valid visa is in your old passport, please make
sure your Consulate returns the old passport with the valid visa
inside to you. Normally when this happens the Consulate stamps
your passport VIOP, which means "visa in the old passport". This
signals U.S. Customs and Border Protection (USCBP) to check your
old passport (which you must keep with you) for your valid visa.
If your Consulate does not return your old passport with the
valid visa inside, you will not be allowed to re-enter
the U.S. and will be required to apply for a new visa, which
takes a lot of extra time.
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Payment Requests: Scam Alert
Alert (Oct 2016):
Please be aware that USCIS officials will never ask for payment
over the phone or in an email. If USCIS need payment, they will
mail a letter on official stationery requesting payment. Never
respond to a request for payment made by phone or email, no
matter how persuasive or aggressive it sounds. You can report a
scam email or phone call to the Federal Trade Commission at
https://www.ftc.gov/.
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Permanent Residence Card (LPRs)
Alert (May 2017):
USCIS has redesigned the Permanent Resident Cards (“green cards”)
and the Employment Authorization Document (EAD) and will begin
issuing these newly-designed cards to applicants on May 1, 2017.
USCIS news release.
The new card designs demonstrate USCIS’ commitment to continue
taking a proactive approach against the threat of document tampering
and fraud. Read the news release from USCIS at. New cards will not
be issued to current green card- and EAD-holders. Current
cards—regardless of design—remain valid until expiration.
Reminder (Feb 2015, Aug 2012):
Those
in Legal Permanent Resident (LPR)
status must carry their
"permanent residence card" (also known as a "green card") with them at all times. It is the law.
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R-1 Approval vs. I-94
Retrieval Validity Dates
Info (Sep 2016, May 2014): An individual may receive R-1 status for a total
period of up to five years in the U.S., with a maximum 30 month
authorization at any given time. An individual must have an
approved R-1 petition in order to request an R-1 visa from a
U.S. Consulate.
There has been a great discrepancy among CBP officials and the
amount of R-1 authorized time that they issue upon an
individual’s arrival to the U.S. If at any time you see a stamp
in your passport authorizing your stay in the U.S. beyond the
validity period of you R-1 approval notice, it is IN ERROR.
This is the same for your I-94 printout, which often contains a
different R-1 ending date than from the end date noted in your
passport stamp.
You must rely on the dates of your original R-1 approval notice
(issued by U.S. Citizenship and Immigration Services on Form
797B - Notice of Action),
and be sure to always have an approved R-1 petition if you
travel outside the U.S. If you do not, you will be ineligible
to receive a new visa and cannot return to the U.S.
It is confusing to see different dates on your approval,
passport and I-94 printout. Based on one document you appear to
be in status while looking at another you are not. For this
reason it is of utmost importance that you provide a copy of
your visa, any stamps placed in your passport and your I-94
printout to us within 48 hours of every new trip and re-entry to
the U.S. Only by doing so can we be sure that you are
maintaining lawful status in the U.S.
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Reading and Understanding Your Visa
Info (Jun 2017, Aug 2015, Feb 2014):
The U.S. Department of State has posted an illustrated guide to
reading and understanding visas at
https://travel.state.gov/content/visas/en/general/frequently-asked-questions/what-is-a-u-s-visa.html.
The site also contains links to FAQs about visas as well as the
latest USCIS-visa news.
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Re-entry Permit (for LPRs)
Info (May 2015): LPR holders planning to remain outside
of the U.S. for 12 months or more, should request a “re-entry
permit” with USCIS while still in the United States. An
approved permit from USCIS allows re-entry to the U.S. for up to
two years from your departure date.
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SEVIS: Fraud Alert
Alert (May 2015):
Recently, the Student and Exchange Visitor Program (SEVP) became
aware that scammers are targeting students in the Chicago area
in an attempt to solicit funds on behalf of the I-901 Student
and Exchange Visitor Information System (SEVIS) Fee. The
scammers are using the 'Location Services' app on students'
cellular devices to find the students' location and threaten
them with continued pursuit if they do not receive the money.
Please read the full
fraud
alert for specific details on how to deal with this scam.
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SEVIS: Status Verification at Ports of
Entry
Alert (Sep 2016):
If the
U.S. Customs and Border Protection (CBP) officer at the
port of entry cannot verify your information, or if you do not
have all of the required documentation, a CBP officer may direct
you to an interview area known as “secondary inspection.”
Secondary inspection allows inspectors to conduct additional
research in order to verify information without causing delays
for other arriving passengers. See DHS’s website for more
information regarding secondary inspections:
https://studyinthestates.dhs.gov/what-is-secondary-inspection
Alert (May 2013):
The Department of Homeland Security (DHS) has implemented a
system that updates U.S. Customs and Border Protection (CBP)
databases with a lookout for F, M. and J nonimmigrants whose
SEVIS record has been terminated, cancelled, or completed. The
protocol has been implemented to ensure that individuals whose
SEVIS records have been terminated, cancelled, or completed are
not admitted or readmitted without a thorough review of their
situation. Individuals who do not have a lookout on their record
(due to termination, cancellation or completion) should be
admitted to the United States as usual through primary
inspection, unless there is some other unrelated reason which
calls for a more thorough review in secondary inspection. For
up-to-date information regarding your student visa status visit
the "Study in the States" DHS website:
https://studyinthestates.dhs.gov/
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Social Security Number and Card
Info (Mar 2016, May 2014): Information about applying for a social security
number and/or card can be found online at
http://www.ssa.gov/ssnumber/. This is the U.S. Government’s
official Social Security website. You can also reference the
SVD USC Handbook for Visa Holders (Section VI, page 14).
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Special Immigrant Religious Worker Sunset
Relief
Update (Sep 2012):
The House and Senate passed, S. 3245, legislation
extending the Special Immigrant Religious Worker category for
non-ministers for three years until September 30, 2015. The
legislation passed unanimously in the Senate and by a large
majority in the House was sent to President Obama for signature
on September 13. Religious organizations should be able to
continue filing I-360 petitions for non-ministers without
difficulty.
Bill summary and status:
https://www.congress.gov/bill/112th-congress/senate-bill/3245/text?overview=closed
More details on the bill:
http://www.aila.org/infonet/s-3245-3-year-extension-of-certain-uscis-programs
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Study in the States Website
Info (Feb
2017, Dec
2014): The U.S.
Department of Homeland Security has a website designed to
provide information to international students studying in the
U.S. as well as for the schools they attend. Among the
features are an interactive glossary with definitions of
commonly used terms, an "Ask a Question" section, and links to
SEVIS resources. The Study in the States website is at
https://studyinthestates.dhs.gov/.
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SVD USC Handbook for Visa Holders
Update (Jul 2015): The Visa Handbook has been updated
to include new information on Practical Training (page 5),
Transit Visas (page 12), Change of Address Form (page 13)
US-Visit Program (page 19), and SVD Policy on Applying for U.S.
Citizenship (page 22). SVD visa holders are strongly urged
to print out this latest edition. See
Accessing the Visa Holders Handbook.
Update (Oct 2014): The Visa Handbook has been updated to include
new information on practical training for F-1 Students (page 5
of the Handbook). It is suggested that you print out page
5 of the online Handbook and insert it in your print
copy. The current (most up-to-date) edition of the SVD USC
VISA Holders Handbook which includes all updates is
available to members at
www.divineword.org.
Update (Jul 2014): The Visa Handbook has been updated to include
changes to several website resources on page 24 as well
additions to pages 10, 13, 22, and 24. (See the last paragraph
below for instructions on how
to access the Handbook online.)
Update (Nov 2013): The Visa Handbook has been updated to include
changes to Section
IX: US-VISIT (pg. 19) wherein LPRs are no longer exempt from the US-VISIT program and
Section XIII:
RESOURCES (pg. 24) which has a new
website added. We strongly suggest you print out the
Handbook's cover page and the updated pages to replace
the old. (See the following paragraphs for instructions on how
to access the Handbook online.)
New (Jul 2013): The SVD USC
Handbook for Visa Holders has been updated.
New information is included
with regards to: Fundraising (pg. 10); change of address (pg.
13); the paperless I-94 process (Sections I and II); photograph
requirements for F-1 visa applications (pg. 6); and applying for
a visa at an overseas U.S. consulate (pg. 9).
Accessing the Visa Holders Handbook: Hardcopies of the
Handbook are not physically distributed. All SVD visa
holders and those SVDs involved with
immigration issues are urged to
print out their own copy of the Handbook. To
do so, you will need to login to the “Members” section on the
Province website www.divineword.org. Once you are logged in, select “Education”
then refer to the text "For visa holders" found on the left-hand
sidebar. Please note that the Handbook is copyrighted and is
intended for SVD members only.
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SVD
Visa Holders Seminars
Info: The dates for the 2016-17 series of SVD Visa Holders Seminars
were November 12, 2016
at Divine Word Theologate, Chicago and April 20, 2017 at Divine
Word Missionaries in Bordentown, New Jersey.
Info: The dates for the 2015-16 series of SVD Visa Holders Seminars
were November 14, 2015
at Divine Word Theologate, Chicago and April 23, 2016 at Divine
Word Missionaries in Bordentown, New Jersey.
Info: The
dates for the 2014-15 series of SVD Visa Holders Seminars were November
8, 2014 at Divine Word Theologate in Chicago and April
25, 2015 at Divine Word Missionaries in Bordentown, New Jersey.
Info: The
dates for the 2013-14 series of SVD Visa Holders Seminars were November 9, 2013 at Divine Word Theologate in Chicago and April
26, 2014 at Divine Word Missionaries in Bordentown, New Jersey.
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Travel Record (R-1s
and LPRs)
Reminder (Dec 2015, Nov 2012): Keep
a list or log of ALL your travel "outside" of the United States,
including the date of departure and the date of re-entry each
time. Should an R-1 holder need to recapture R-1 status
time in order to take full advantage of R-1 approval for the
maximum of five years, and should an LPR eventually seek
naturalization approval from both the Provincial and ultimately
USCIS, a detailed record of ALL travel outside of the U.S. since
first arriving will be a mandatory document. Make this an
ongoing record/list/log and keep it in a safe place.
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Travel to Canada, Mexico (F-1s)
Reminder (Jan
2016): Students in F-1 status may travel to Canada or
Mexico for no more than 30 days and are reminded that they must
have a current signed SEVIS I-20 with them when they re-enter
the U.S. Please refer to Section I, page 5 of the USC
SVD Handbook for Visa Holders for specific information and
more details.
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Traveling Outside of the U.S.
Reminder
(Dec 2015, Oct 2013):
Members should always carry with them a copy of their updated
SVD Affidavit of Support letter when traveling outside of
the U.S. (for example: home leave) in case the U.S. Customs and
Border Protection officer at your port of re-entry asks for
proof of your continued membership and/or employment. The
Provincial Office or the Education Secretariat can provide you
with this letter before you leave the U.S. if you request
it well in advance. Carrying a current Affidavit of
Support letter is recommended even if your visa remains
valid.
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United States, China Extend Student
Visa Validity
Info (Jan 2015):
On November 10, 2014, President Barack Obama announced that the
United States and China will increase the validity of student
and exchange visitor visas from one to five years, and the
validity of short-term tourist and business visas from one to 10
years. Details on this agreement and answers to frequently
asked questions can be found at
http://beijing.usembassy-china.org.cn/niv_info.html
and
https://travel.state.gov/content/visas/en/general/us-china-agree-to-extend-visas.html.
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USC Province Immigration Activities
Info (May 2015, Sep 2014, Jul
2014, Jun 2014, Nov 2013, Apr 2013): An
overview of the immigration activities handled by the USC
Province's immigration administrator and staff from 1995 to the
present is available
for your review
here.
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USCIS Case Status
Info (Jun 2016, May 2014): If you have a pending case with the USCIS, you can
now check its status online. You can also sign up to receive
case status updates by email and text message. Visit
https://egov.uscis.gov/casestatus/landing.do.
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USCIS Forms: Applications, Petitions
Alert (Jan 2017):
During
December 2016 U.S. Citizenship and Immigration Services (USCIS)
updated many of its application and petition forms to
easier-to-use formats and to take advantage of new data
collection technologies. Form I-90 Application to Replace
Permanent Resident Card, Form I-129 Petition for a Nonimmigrant
Worker, and Form I-539 Application to Extend/Change Nonimmigrant
Status were among those updated. Our legal counsel is aware of
the form updates and will always file the current acceptable
form on your behalf.
Your timely cooperation with counsel when you are asked for
information will keep your immigration case moving forward.
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USCIS Website,
Virtual Assistant
Info (Jan 2016):
USCIS (U.S. Citizenship and Immigration Services) has added a
virtual assistant
to their website. Her name is "Emma" and she is named
after Emma Lazarus, whose famous words are inscribed at the base
of the Statue of Liberty. Emma can answer questions in
plain English and navigate users to relevant USCIS web pages.
Check out Emma at
https://www.uscis.gov and click the "Emma" icon in the upper
right-hand corner of the page.
Info (Dec
2014): USCIS
(U.S. Citizenship and Immigration Services) has updated their
homepage with a new look and a better Case Status tool.
The homepage will still offer the user-friendly icons and tabs
you are familiar with, and it will now provide easy-to-navigate
sections on USCIS news, outreach events, educational webinars,
and other services. Visit
https://www.uscis.gov.
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US-VISIT Program (LPRs)
Update (Aug 2016):
The Department of Homeland Security (DHS) has replaced the United
States Visitor and Immigration Status Indicator Technology
(US-VISIT) Program with the Office of Biometric Identity Management
(OBIM). Information about OBIM can be found at
https://www.dhs.gov/obim. You should also mark this new
information in your SVD USC Handbook for Visa Holders on page
19.
Update (Nov 2013): Please note that Legal Permanent Residents
(LPRs) are no longer exempt from the US-VISIT program. All
LPRs must now submit to this biometric based entry/exit data
collection program whenever arriving or departing the United
States.
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Visa (an overview)
Info (Apr 2015): A visa is a
document issued by a U.S.
consulate and placed in the visa holder’s passport. It allows
the visa holder to travel to and enter the U.S. before the
expiration date of the visa. The expiration date of the visa
does not determine how long the visa holder may remain in the
U.S. (How long you can stay in the U.S. is determined by and
recorded by an immigration officer at the port of
entry and is noted on your I-94.)
(Ref: page 26 of the SVD USC Handbook for Visa Holders).
•
If your visa expires while you are in the U.S. this is not a
problem. The visa is an entry document.
•
For SVD purposes a new visa must be obtained outside of the
U.S., preferably in the home country when a person is on
home leave.
•
A visa can be applied for in Canada or Mexico but if the SVD
is denied a visa for any reason he must return immediately
to his home country and will not be allowed back into the
United States. The online Visa Appointment Reservation
System for U.S. nonimmigrant visa appointments at U.S.
Consulates in Canada is at
https://ais.usvisa-info.com/en-ca/niv; for Mexico
it is at
https://ais.usvisa-info.com/en-mx/niv.
•
Visas are issued for various period of time based on the
Department of State (DS) Visa Reciprocity Table. This table
may be accessed online at
https://travel.state.gov/content/visas/en/fees/reciprocity-by-country.html.
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Visa: Application Status Check
Info (Apr 2016, Nov 2013): You can now
check the status of your visa application online at
https://ceac.state.gov/CEACStatTracker/Status.aspx. You will
need to enter your visa application type: Immigrant Visa (IV) or
Nonimmigrant Visa (NIV); and your visa case number. Note that
the site is managed by the Bureau of Consular Affairs, U.S.
Department of State--not U.S. Customs and Border Protection
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Visa:
Evidence of Nonimmigrant Intent / Visa Denials
Info (Jul
2015):
Documents needed to prove nonimmigrant intent when applying for
a visa vary according to the particular visa being requested.
Below is a list to assist you with this particular requirement
(proof of nonimmigrant intent).
B1/B2 Visa:
•
Clearly explain reasons for travel
•
Have set dates of intended travel to and from
•
Proof of financial support
•
Roundtrip ticket
•
Detailed itinerary while in the U.S.
•
NO full time study
•
No fundraising activities (refer to Visa Handbook,
Section II, pg. 10)
F-1 Visa:
•
SEVIS I-20 form from institution
•
Evidence of financial support (refer to Visa Handbook,
Section I, pg. 4 and pg. 7)
R-1 Visa:
•
USCIS pre-approved petition (refer to Visa Handbook,
Section II, pg. 8)
•
SVD Affidavit of Membership, which includes vow history,
ordination
•
SVD Affidavit of Financial Support
•
Detailed job description
•
Academic credentials
H-3 Visa:
•
USCIS pre-approved petition
•
Valid explanation that training is not available in home
country
•
Detailed program/training description including topics and
reading list
•
Program calendar day by day and month
•
Credentials of the program’s Director
Additional Resources:
•
Department of State website
https://travel.state.gov/content/visas/en/visit.html
•
SVD USC Handbook for Visa Holders,
Section VIII, pg. 17 and Section XII, pg. 23
Info (Jan 2015):
Visa applicants should be aware of the requirement
of providing evidence of nonimmigrant intent with the submission
of their visa application. Details on this
requirement can be found on page 7 of the SVD USC Handbook
for Visa Holders.
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Visa: Fraud
Info (May 2017, Dec 2014):
Visa fraud is a serious crime. To
underscore that statement, ICE (Immigration and Customs Enforcement)
frequently releases details on investigations and trials involving
fraudulent visa schemes and those who exploit the legal immigration
system for personal gain. We mention this information as a caution
to anyone who may be considering falsifying information on an
application, concealing pertinent history, or simply attempting to
"bend the rules" during the immigration process. Visit ICE's
website for the latest on
document and benefit fraud.
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Visa: New Application Fees
Alert (Nov 2016):
U.S. Citizenship and Immigration Services (USCIS) has increased
its application and petition fees. The new fees average an
increase of 21% and will go into effect December 23, 2016.
Applications and petitions postmarked or filed on or after
December 23, 2016, must include the new fee or USCIS will reject
the submission. It should be noted that USCIS is almost
entirely funded by application and petition fees. For a list of
the new fees visit
https://www.uscis.gov/forms/our-fees.
Alert (Jul
2015, Apr
2012):
Nonimmigrant and immigrant
visa application fees for certain visa categories changed on
September 12, 2014.
All visa
applicants must pay the fee amount in effect on the day they
pay. Visit the U.S. Department of State, Bureau of
Consular Affairs website
https://travel.state.gov/content/visas/en/fees/fees-visa-services.html
for current fee schedules.
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Visa: Renewal
Info (Aug 2017, Mar 2015, Feb 2013): The visa is an "entry
only" document and cannot be renewed within the United States.
Consult the online version of the
SVD USC Handbook for Visa Holders,
Section VII for additional information. Also see page 26
of the Immigration Terminology section under "visa".
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Visa: Transit Visa
Info (May 2015): Transit (C) visas are nonimmigrant
visas for persons (i.e. foreign citizens) traveling to
another country who will have a brief layover (such as
changing planes) in the United States when the only reason
for entering the United States is to transit. See
https://travel.state.gov/content/visas/en/other/transit.html
for details.
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Visa: Validity Periods
Info (Jul 2016, Jan 2014): Visa validity
periods vary depending on the country an individual is from.
Visa validity (the length of time the visa is good for and the
number of entries that can be made with that visa) is regulated
by the "visa reciprocity" agreement between the U.S. and
the visa
applicant's home country. See Section VII: USC Visa
Renewal Policy, page 15 of the SVD USC Handbook for Visa
Holders. You can also reference the USCIS Country
Reciprocity Tables for updates and current information at
https://travel.state.gov/content/visas/en/fees/reciprocity-by-country.html
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Websites: Links and Resources
Info (Nov 2015): The SVD USC Handbook for Visa
Holders contains a list of U.S. Department of State websites
and links to pertinent immigration information (i.e., I-94
retrieval, visa application and status, consulates, etc.).
See page 24, Section XIII.
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Links reviewed and
updated as necessary: February 2017
|
Society of the Divine Word
•
Chicago Province
• Techny, Illinois