Asylum
Last Updated: December 26, 2024
CAT
Last Updated: December 26, 2024
FAQ's
Last Updated: July 31, 2023
How To
Last Updated: August 10, 2023
Inadmissibility
Last Updated: December 24, 2024
Reference Information
Last Updated: August 9, 2023
USCIS
Last Updated: December 26, 2024
Waiver
Last Updated: December 24, 2024
Withholding of Removal
Last Updated: December 26, 2024
Frequently Asked Questions
USCIS
- Where can I find the location of a USCIS Field Office or Service Center?
You can use the USCIS website's Office Locator to find the location of any USCIS Field Office or Service Center.
- Where is the Long Island USCIS Field Office Located?
33 Barretts Ave
Holtsville, NY 11742
- Where is the Queens/Brooklyn/Staten Island USCIS Field Office Located?
26 Federal Plaza
New York, NY 10278
- Where is the New York (Manhattan) USCIS Field Office Located?
26 Federal Plaza
New York, NY 10278
- What is the biometrics fee?
The biometrics fee is the $85 fee to be paid in addition to the filing fee, which is meant to cover the costs of USCIS taking your fingerprints and photographs (biometrics) and running those background checks.
- What is the USCIS filing fee?
You can calculate the USCIS filing fee for any form or combination of forms that you are submitting by using the USCIS fee calculator on the USCIS website.
You can also check the USCIS Filing Fee Schedule (pdf ).
- Where do I file my Form I-130 visa petition?
If you live in New York then you will probably be filing it at the USCIS Pheonix Lockbox.
USCIS Phoenix Lockbox
U.S. Postal Service (USPS) deliveries:
USCIS
Attn: I-130
P.O. Box 21700
Phoenix, AZ 85036-1700FedEx, UPS, and DHL deliveries:
USCIS
Attn: I-130 (Box 21700)
2108 E. Elliot Rd.
Tempe, AZ 85284-1806You can check the USCIS website to find the direct filing address .
- Where do I file my Form I-485?
It will vary depending on the basis for your I-485. You can find out the proper location by checking the USCIS website for the direct filing address .
EOIR - Immigration Court
- What is my next hearing date?
You can check the automated case status system online to find out your next hearing date and the location of that hearing or you can call 1-800-898-7180.
Form I-864 & I-864A
- Can the immigrant visa applicant count assets that he or she owns that are outside the United States, such as real estate or personal property?
Yes, under the following conditions:
- The assets must be convertible to cash within 12 months.
- The applicant must show that the assets can be removed from the country where they are located. Many countries have limits on cash or liquid assets that can removed from the country.
- The net value of assets must be at least five times the difference between the sponsor's income and 125 percent of the poverty guideline for the household size.
The visa applicant needs to file a Form I-864A to have his or her assets included in the minimum income level calculations.
- The assets must be convertible to cash within 12 months.
- What can be used as assets?
Financial sponsors can only include assets that are convertible into cash within one year and without considerable hardship or financial loss to the sponsor and his/her family. Examples of assets easily convertible to cash are savings, stocks, bonds and property. Sponsors may include the value of their home. They may not include the value of their automobile, unless they can show they have more than one and the primary automobile is not included as an asset.
- If the poverty guidelines change between the time the petitioner signed the Affidavit of Support and the issuance of an immigrant visa, must the petitioner/sponsor and joint sponsor, if required, submit a new Form I-864?
No, the Form I-864 remains valid indefinitely unless evidence of failure to meet the poverty guidelines in effect on the date of I-864 filing. The consular officer will determine whether the income claimed by the sponsor and documented with financial evidence meets the poverty guidelines in effect at the time the I-864 was filed. If the income claimed does not meet the poverty guidelines, then the consular officer may request that the sponsor submit current year income information.
- What if the petitioner doesn’t have enough income?
Petitioners who cannot meet this level have two choices: 1) find a “joint sponsor” who will agree to also financially support the visa applicant, or 2) use the income of a household member to meet the Poverty Guidelines. These additional financial sponsors also have to submit an Affidavit of Support, proof of their income, and proof of their legal status in the United States. Remember: Even if a petitioner finds a joint sponsor or uses the income of a household member to financially sponsor a visa applicant, that petitioner must still submit an Affidavit of Support.
- What are Poverty Guidelines?
Petitioners must meet a minimum income level, called the Federal Poverty Guidelines, in order to financially sponsor a visa applicant. The Poverty Guidelines in effect on the filing date of an Affidavit of Support are used to determine whether the income requirement is met. You can find these guidelines on USCIS’s website.
- Who can be a Financial Sponsor?
A financial sponsor, including a petitioner, must be at least 18 years old and either a U.S. citizen or a lawful permanent resident (LPR). The sponsor must also have a domicile (residence) in the United States.
- How do I calculate my household size?
The Form I-864 asks for the financial sponsor’s household size. When calculating their household size, sponsors must include:
- Their spouse,
- Any children by birth, marriage, or adoption living in the sponsor's residence,
- Anyone else claimed as a dependent on the sponsor's tax return for the most recent year, regardless of whether they are related to the sponsor or have the same principal address as the sponsor,
- The principal visa applicant,
- Any derivative applicants who plan to immigrate within six months,
- Any other people in the United States whom the sponsor is supporting on a different Form I-864, if the obligation has not terminated, and
- Any nondependent siblings, parents, or adult children who reside in the sponsor's household who are not dependents, if they complete a Form I-864A.
A sponsor does not have to include people on other I-864s who have not yet immigrated to the United States.
- Their spouse,
- Where do I find instructions?
https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf