Frequently Asked Questions - USCIS

F-1 OPT Requirements

1. Once you receive a recommendation for post-completion OPT from your Designated School Official (DSO) to pursue OPT, you must apply for an employment authorization document (EAD) with USCIS within 30 days. Additionally, you may file up to 90 days prior to your program end-date and not later than 60 days after your program end date. 

USCIS Immigrant Fee

The USCIS Immigrant Fee of $165 recovers USCIS costs related to immigrant visas granted by the U.S. Department of State at U.S. Embassies and Consulates.The fee covers the cost of USCIS processing, filing and maintaining immigrant visa packets, plus the cost of producing Permanent Resident Cards.

Foreign nationals who seek permanent residence in the United States and receive an immigrant visa from the Department of State need to pay the USCIS Immigrant Fee online before departing for the United States.

FAQs on I-864 Affidavit of Support

1. When your immigrant visa case is ready to begin processing at the NVC, the NVC will send an Affidavit of Support processing fee invoice and payment instructions to your petitioner.

Fraud Detection and National Security Directorate
Time Taken by USCIS to Respond to a RFE

If the petition was filed  under premium processing, the 15-day clock will restart when the response is received by USCIS.  If the petition was filed under regular processing, it generally takes two to six months for USCIS to respond.

Combining All USCIS Filing Fees In One Check

If you provide all filing fees in one check and have added incorrectly, your petition will be rejected.  USCIS recommends using separate checks for each filing fee, particularly the premium processing fee.

Proof of Speeding Tickets During an N-400 Interview

Applicant should try to provide proof of the ticket and proof of payment of any fine or additional penalties for any tickets over the past five years.

Applicants for Naturalization to Demonstrate Ability to Read, Write, Speak,and Understand English

USCIS says that applicants for naturalization are required to demonstrate an ability to read, write, speak,and understand English.  The ability to read and write English is determined byadministering the reading and writing tests to the applicant.  An applicant’s ability to understand and speak English is determined by the applicant’s ability to understand and speak English during the interview.  This includes responding to all questions on the application including und

Application for Naturalization Denied for Lack of Good Moral Character

USCIS says that these situations are reviewed on a case-by-case basis looking at all of the factors in the case and that intent would certainly be a factor to consider.

Naturalization Cases Involving Outstanding Tax

USCIS instructs officers to accept proof that regular tax payments are being made.  USCIS says that all N-400 cases involving an outstanding tax debt will be reviewed on a case-by-case basis, looking at the totality of circumstances.

Procedure for Filing the I-824

The I-824 needs to be filed concurrently. Once the I-485 approval is done, the I-824 must be adjudicated. Any further delays should be reported to USCIS.

I-765 combo card

USCIS has made it clear that only two photos are required for the I-765 combo card.

Premium Processing for EB-1-3

USCIS does not anticipate expanding Premium Processing Service to include EB-1-3 multinational executives and managers for the foreseeable future.

Naturalization Procedures at Atlanta Office

It is unlikely that the Atlanta District Office will resume swearing-in applicants on the same day as the N-400 interview, aside from customers who come from Alabama or at least four hours away, who CIS makes every effort to swear in the same day due to the distance traveled for the interview.

Recanting of Misrepresentation in Naturalization Application

USCIS would submit the case to Immigration and Custom Enforcement (ICE) counsel for determination.

Misrepresentation in Naturalization Application

It might.  If Immigration and Custom Enforcement (ICE) counsel proceeds with denaturalization and is successful, removal proceedings may be instituted.

Denaturalization

If USCIS determines that an applicant for naturalization was not eligible to naturalize, the evidence is obtained and submitted to Immigration and Custom Enforcement (ICE) counsel for determination of denaturalization.

Naturalization after Extended Absence

These applications are decided on a case-by-case basis.

Evidence of Legal Permanent Resident Status

There have been no changes to this policy.  USCIS does not issue ADIT stamps routinely as the applicant should be receiving I-551s within several weeks.

Error by USCIS Giving Time Beyond 6 Years on H-1

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://www.youtube.com/watch?v=3YV-qIlAEpI#t=1831

 

FAQ Transcript

What happens is sometimes, USCIS by mistake gives you more time than you are entitled soon for your H-1. Let's say your 6 years is getting over in one year and they give you 2 or 3 years by mistake.

USCIS Stamps

As of July 1, 2014, U. S. Citizenship and Immigration Services (USCIS) began using a new secure blue ink for many of its secure stamps. The older secure red ink will be retired and no longer used by USCIS on the effective date.

USCIS stamps with secure blue ink:

    Department of Homeland Security (DHS) Parole Stamp
    Temporary I-551 Alien Documentary Identification and Telecommunication (ADIT) Stamp
    Refugee Stamp (Section 207)
    Asylum Stamp (Section 208)
    Initial / Replacement I-94 Stamp

USCIS Updated Questions &Answers on the H-1B Employer-Employee Relationship

No. This memorandum does not change any of the requirements for an H-1B petition.