wantmygcnow
Volunteer Moderator
Acronym Definitions:
Courtesy: Punjabimunda
RD = Receipt Date (When USCIS received your application)
ND = Notice Date (When USCIS notified U that they Rcv'd your application.
RFI = Request for Initial Evidence
RFE = Request for Evidence
FP = Finger Print
AD = Approval Date (When your application was approved)
LUD = Last Update Date on your on-line portfolio at USCIS web-site. It is the date when they last took action on your application, could be anything.
Bio = Biometrics (Digiatal photo, index finger FP and your digital signature. This is needed for the production of GC.
1 year Residence Proof
Courtesy: Hampton8844, Gilbert,Wantmygcnow
I did some research for you and here is what is accepted for 1 year presence in the United States:
-Apartment lease, housing contract, mortgage statement
-Utility bill (Power bill, cable bill, water bill, etc.) or contract for utility services
-School records signed by school official, including date of attendace and days absence.
-Computer generated tax record
-Current life, health, property or automobile insurance policy or binder
-Letter from homeless shelter
-Document from Social Services
-Computer generated check stub
- A sworn affidavit stating knowledge of your 1 year valid stay in the United States after the grant of asylum (may be used ONLY if one of the above documents is NOT available).
________________________________________________________
Question about RFEs
Courtesy: Windywd
USCIS has responded to questions posed by members of the American Immigration Lawyers Association concerning a recent rash of requests for waiver applications by asylee applicants for adjustment of status. Siskind Susser attorneys were contacted by no fewer than ten individuals in different parts of the country who received such requests. Referring to recent reports that applicants for asylee adjustments have been required to fill out I-602 waiver applications for entering the U.S. on false documents, AILA asked why the agency is suddenly requiring waivers of people who are excused from having to go to such measures in order to protect themselves from persecution.
AILA recorded the USCIS response as follows:
"An asylee applying for adjustment of status to that of lawful permanent resident pursuant to Section 209(b) of the Act must be admissible as an immigrant to the US. However, 212(a)(4) public charge, 212(a)(5) labor certification and 212(a)(7)(A) no valid documents are not applicable to asylees seeking adjustment. With the exception of certain inadmissibility grounds related to crimes or national security, most other grounds may be waived for humanitarian purposes, to ensure family unity, or when it is otherwise in the public interest.
"In the case of asylees, however, CIS issued guidance in July 2003, stating that it is not necessary to require the submission of the Form I-602 in those cases involving inadmissibility grounds that appear related to the asylee's manner of entry or unlawful presence because the alien has received protection in the United States. While the subsequent grant of asylum does not 'cancel out' the inadmissibility ground, it does provide sufficient basis for determining that a waiver is warranted on humanitarian grounds in those cases where the applicant was fleeing persecution as demonstrated by an asylum grant.
"When an adjudicator determines that an asylee requires a waiver of inadmissibility prior to adjustment of status, the adjudicator may grant the waiver without requiring submission of the Form I-602 if: The applicant is inadmissible under 212(a)(6)(A)(i) or 212(a)(9)(B); CIS records and other information in the alien file contain sufficient information to assess fully the eligibility for a waiver; There is no evidence in CIS records to suggest that other adverse factors would affect the discretionary determination; and It is appropriate to grant a waiver as described above.
"If evidence does not support a discretionary approval of a waiver, the officer may request that the applicant provide additional information in support of a waiver of inadmissibility. At the time of this request, Form I-602 can be requested if it is not present in the record."
_____________________________________________________________
ASYLEE Travel
Courtesy: Windywd
In a memo released last fall but only recently made available, the USCIS discussed the requirements for international travel by asylees and refugees. Asylees and refugees are required to obtain a refugee travel document before traveling abroad to ensure their readmission to the US. Those who leave without such a document, or attempt to reenter after the document has expired, are inadmissible and may be placed in removal proceedings. They may not reassume their asylee or refugee status until they are granted a new refugee travel document abroad or at the port of entry.
If the person reenters with a valid, unexpired travel document, they must still be examined for admissibility. For asylees, the only grounds of inadmissiblity that should be examined are those that would also result in a revocation of asylum. If a refugee is found inadmissible, they will be placed in removal proceedings. They can apply for asylum during these proceedings. Asylees and refugees may also use advance parole to reenter the US.
Although refugees and asylees who depart the US without a valid travel document are not entitled to readmission, their status as an asylee or refugee clearly indicates that there are compelling circumstances to consider in evaluating their application for admission. Therefore, INS offices overseas have been instructed to issue travel documents to those who left the US without knowing the requirement, and apply for the document within one year of leaving the US. If the person fails to obtain such a document, they may seek humanitarian parole into the US. While reentering on parole terminates the person’s status as an asylee or refugee, the person is still eligible to apply for adjustment of status as a refugee or asylee.
Often, the asylee or refugee will have to return to the country where they claimed to fear persecution. While this will not automatically terminate their status, such visits will be closely examined. The legal standard for determining whether to readmit the person is that “the alien did not engage in any activities while outside the US that would be inconsistent with continued refugee or asylee status.” Therefore, the examination of this issue is very fact specific, and the reasons for the return must be closely examined.
Asylees and refugees who have filed applications for adjustment of status may leave and reenter the US without an advance parole document without abandoning the adjustment application. This is because the law under which asylees and refugees apply for adjustment, unlike the general adjustment of status provision, does not deem an adjustment application abandoned when the applicant leaves without advance parole.
Courtesy: Punjabimunda
RD = Receipt Date (When USCIS received your application)
ND = Notice Date (When USCIS notified U that they Rcv'd your application.
RFI = Request for Initial Evidence
RFE = Request for Evidence
FP = Finger Print
AD = Approval Date (When your application was approved)
LUD = Last Update Date on your on-line portfolio at USCIS web-site. It is the date when they last took action on your application, could be anything.
Bio = Biometrics (Digiatal photo, index finger FP and your digital signature. This is needed for the production of GC.
1 year Residence Proof
Courtesy: Hampton8844, Gilbert,Wantmygcnow
I did some research for you and here is what is accepted for 1 year presence in the United States:
-Apartment lease, housing contract, mortgage statement
-Utility bill (Power bill, cable bill, water bill, etc.) or contract for utility services
-School records signed by school official, including date of attendace and days absence.
-Computer generated tax record
-Current life, health, property or automobile insurance policy or binder
-Letter from homeless shelter
-Document from Social Services
-Computer generated check stub
- A sworn affidavit stating knowledge of your 1 year valid stay in the United States after the grant of asylum (may be used ONLY if one of the above documents is NOT available).
________________________________________________________
Question about RFEs
Courtesy: Windywd
USCIS has responded to questions posed by members of the American Immigration Lawyers Association concerning a recent rash of requests for waiver applications by asylee applicants for adjustment of status. Siskind Susser attorneys were contacted by no fewer than ten individuals in different parts of the country who received such requests. Referring to recent reports that applicants for asylee adjustments have been required to fill out I-602 waiver applications for entering the U.S. on false documents, AILA asked why the agency is suddenly requiring waivers of people who are excused from having to go to such measures in order to protect themselves from persecution.
AILA recorded the USCIS response as follows:
"An asylee applying for adjustment of status to that of lawful permanent resident pursuant to Section 209(b) of the Act must be admissible as an immigrant to the US. However, 212(a)(4) public charge, 212(a)(5) labor certification and 212(a)(7)(A) no valid documents are not applicable to asylees seeking adjustment. With the exception of certain inadmissibility grounds related to crimes or national security, most other grounds may be waived for humanitarian purposes, to ensure family unity, or when it is otherwise in the public interest.
"In the case of asylees, however, CIS issued guidance in July 2003, stating that it is not necessary to require the submission of the Form I-602 in those cases involving inadmissibility grounds that appear related to the asylee's manner of entry or unlawful presence because the alien has received protection in the United States. While the subsequent grant of asylum does not 'cancel out' the inadmissibility ground, it does provide sufficient basis for determining that a waiver is warranted on humanitarian grounds in those cases where the applicant was fleeing persecution as demonstrated by an asylum grant.
"When an adjudicator determines that an asylee requires a waiver of inadmissibility prior to adjustment of status, the adjudicator may grant the waiver without requiring submission of the Form I-602 if: The applicant is inadmissible under 212(a)(6)(A)(i) or 212(a)(9)(B); CIS records and other information in the alien file contain sufficient information to assess fully the eligibility for a waiver; There is no evidence in CIS records to suggest that other adverse factors would affect the discretionary determination; and It is appropriate to grant a waiver as described above.
"If evidence does not support a discretionary approval of a waiver, the officer may request that the applicant provide additional information in support of a waiver of inadmissibility. At the time of this request, Form I-602 can be requested if it is not present in the record."
_____________________________________________________________
ASYLEE Travel
Courtesy: Windywd
In a memo released last fall but only recently made available, the USCIS discussed the requirements for international travel by asylees and refugees. Asylees and refugees are required to obtain a refugee travel document before traveling abroad to ensure their readmission to the US. Those who leave without such a document, or attempt to reenter after the document has expired, are inadmissible and may be placed in removal proceedings. They may not reassume their asylee or refugee status until they are granted a new refugee travel document abroad or at the port of entry.
If the person reenters with a valid, unexpired travel document, they must still be examined for admissibility. For asylees, the only grounds of inadmissiblity that should be examined are those that would also result in a revocation of asylum. If a refugee is found inadmissible, they will be placed in removal proceedings. They can apply for asylum during these proceedings. Asylees and refugees may also use advance parole to reenter the US.
Although refugees and asylees who depart the US without a valid travel document are not entitled to readmission, their status as an asylee or refugee clearly indicates that there are compelling circumstances to consider in evaluating their application for admission. Therefore, INS offices overseas have been instructed to issue travel documents to those who left the US without knowing the requirement, and apply for the document within one year of leaving the US. If the person fails to obtain such a document, they may seek humanitarian parole into the US. While reentering on parole terminates the person’s status as an asylee or refugee, the person is still eligible to apply for adjustment of status as a refugee or asylee.
Often, the asylee or refugee will have to return to the country where they claimed to fear persecution. While this will not automatically terminate their status, such visits will be closely examined. The legal standard for determining whether to readmit the person is that “the alien did not engage in any activities while outside the US that would be inconsistent with continued refugee or asylee status.” Therefore, the examination of this issue is very fact specific, and the reasons for the return must be closely examined.
Asylees and refugees who have filed applications for adjustment of status may leave and reenter the US without an advance parole document without abandoning the adjustment application. This is because the law under which asylees and refugees apply for adjustment, unlike the general adjustment of status provision, does not deem an adjustment application abandoned when the applicant leaves without advance parole.
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