Petition for Alien Relative Step One USCIS = UNITED STATES CUSTOMS AND IMMIGRATION SERVICE I-130 Petition for Alien Relative Step One

I-130 Petitioner: You Beneficiary: Your relative (spouse, child, parent, brother/sister) Cost= $420.00 Current processing time: 8 months Immediate relatives (of US Citizens): Spouse, children (under age 21) and Parents

What documents do I need? Proof of citizenship US Passport Birth Certificate Naturalization Certificate Proof of Relationship: Marriage License Termination of Previous Marriages (if any) “bona fides” of the marriage

G-325 A Used to perform background checks on both petitioner and beneficiary Asks lots of questions about background Must be accurate Non-roman alphabets (arabic, chinese, etc.)

Things to Remember Copies only at this point! Current Address information-Any time there is a change you MUST let USCIS know. Last address abroad Your relative’s current address abroad Always tell the truth! 5 years in prison Fine up to $250,000 for marriage fraud Fine up to $10,000 for providing false information

NVC = National Visa Center Issuing the Visa Petition for Alien Relative Step Two

NVC is located in Portsmouth, New Hampshire Three parts to this step Sending “fee bills” and collecting fees Collecting documents and the Affidavit of Support (form I-864) after the fees are paid Scheduling the interview at the appropriate consulate after all documents have been collected

“Fee Bills” Immigrant Visa (IV) fee: $230.00 I-864 fee: $88.00 Preferred method of payment: online Online payments from checking or savings account from a US Bank Cashier’s check via mail (no cash or credit card) NVC will not begin processing documents until the fee bills are paid

I-864 Affidavit of Support Required to insure that the prospective immigrant is not likely to become a “public charge” Complex and Detailed Must be accurate Person who signs is legally responsible for the financial support of the immigrant for a certain period of time

Collecting Documents for Visa Processing Form DS-260- Immigrant Visa and Alien Registration Application Submitted online through the Consular Electronic Application Center (CEAC) Print copy of confirmation page and bring to interview. Collect the required “civil documents” Depending on the consulate, may be able to submit scanned civil documents to NVC in PDF format online.

End of Step 2!

Petition for Alien Relative At the Consulate The Interview Petition for Alien Relative Step Three

Medical Exam Must be done before interview (72 hours) Applicant must schedule exam with a “panel physician” Must bring to medical exam: Medical records Immunization records Prior X-rays (to screen for TB) Cost varies (call ahead for cost) After exam, the applicant will be given the results in a sealed envelope to take to interview. DANGER: DO NOT OPEN THE ENVELOPE!!!!

What do I take to the interview? Original Appointment Letter from NVC Original Passport valid for 6 months after intended date of arrival in USA Sealed Medical Examination Envelope Two (2) color immigration style photos

Documents Continued…….. All “civil documents” and original documents establishing the relationship between petitioner and beneficiary Supporting documents for Petitioner’s Affidavit of Support (I-864) Any location specific document required by the Consulate Note: Any questions at this point must be directed to the Consulate, not USCIS or NVC.

The Consular Officer This is the person who conducts the interview and decides whether or not to issue the Immigrant Visa (IV) The Visa Applicant will be alone during the interview Take additional copies of everything to the interview in case something has gotten lost along the way. Practice answering the questions on the DS-260 before the interview

Approved! Now what? The consular officer will give the applicant some papers, including the immigrant visa, to present at the US Border. The Visa Packet will be SEALED. DO NOT OPEN THE ENVELOPE The applicant must enter the US during the 6 months before the visa expires in order to become a Lawful Permanent Resident (LPR).

USCIS Immigrant Fee Must be paid after IV is issued but before departing for the US. Must be paid online using USCIS ELIS: www.uscis.gov/uscis-elis Only the immigrant can open a USCIS ELIS account and pay the required fee Cost: $165.00 (USD) Once paid you can depart for the US

At the Airport CBP = Customs and Border Patrol Petition for Alien Relative Step Four

CBP CPB is a part of the Department of Homeland Security (DHS) that decides who may enter the United States. The arriving alien presents the visa materials from the consulate to CPB If everything is in order, CBP will stamp the passport and the immigrant will be a LPR as of the day the passport is stamped

Welcome! The passport stamp authorizes the immigrant to work in the US and is proof of lawful presence in the USA. USCIS will send the permanent resident card (“Green Card”) by mail within a few months.

LPR vs. Citizen LPRs are not US Citizens LPRs cannot vote or hold elected office LPRs can: Work Obtain a driver’s license (will need a translated birth certificate from a state University) Remain in the US indefinitely Apply for government benefits, including Social Security if they otherwise qualify Sue and be sued in court Be deported

QUESTIONS? 319 West Jefferson Street, STE D Tupelo, Mississippi 38804 (662) 350-3971 james@tinsleylaw.net