K-1 Fiance Visa Information Checklist



I-485

Employment Based I-485, I-765, I-131, and G-325 Information Checklist

Law Offices of Attorney P. Michael Khosla

CINCINNATI OFFICE ADDRESS: 11123 Montgomery Road, Suite 202

Cincinnati, OH 45249

Cincinnati Voice: 513-697-7502 Cincinnati Fax: 513-697-7504

SEND ALL MAIL TO CINCINNATI ONLY !!!

PEORIA OFFICE ADDRESS: 411 Hamilton Blvd, Suite 1001 Peoria, IL 61602

Peoria Voice: 888-454-6752

Nationwide Toll Free Voice: 1-888-454-6752

Email: khosla@ Internet:

Member American Immigration Lawyers Association

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PLEASE USE A SEPARATE SHEET TO PROVIDE ANSWERS TO ALL THE QUESTIONS BELOW. THE INFORMATION PROVIDED BELOW IS ESSENTIAL FOR COMPLETING THE INS DOCUMENTS

SPECIAL NOTES (PLEASE READ CAREFULLY)

A. PLEASE MENTION EXACTLY WHAT APPLICATIONS YOU WOULD LIKE TO FILE AT THIS TIME FOR YOURSELF, YOUR SPOUSE AND CHILD(REN)

(MENTION IN TERMS OF I-485, I-765 AND I-131)

FOR THE PRINCIPAL APPLICANT: (CHECK ALL THAT APPLY):

I WANT THE FOLLOWING TO BE FILED NOW WITH MY I-485: APPLICATION FOR ADJUSTMENT OF STATUS:

________ I-765 FOR WORK AUTHORIZATION

________ I-131 FOR ADVANCE PAROLE

FOR THE PRINCIPAL APPLICANT’S SPOUSE: (CHECK ALL THAT APPLY):

I WANT THE FOLLOWING TO BE FILED NOW WITH MY

SPOUSE’S I-485: APPLICATION FOR ADJUSTMENT OF STATUS:

________ I-765 FOR WORK AUTHORIZATION

________ I-131 FOR ADVANCE PAROLE

FOR THE PRINCIPAL APPLICANT’S CHILD(REN): (CHECK ALL THAT APPLY):

I WANT THE FOLLOWING TO BE FILED NOW WITH MY CHILD (REN)’S

I-485: APPLICATION FOR ADJUSTMENT OF STATUS:

________ I-131 FOR ADVANCE PAROLE

(Note: you do not have to file an EAD or Advance Parole for you or your spouse or family members at the time of filing I-485. it is advisable to do that at the time of I-485 filing, but you can always do it later also)

B. IF YOU HAVE A CHILD OR CHILDREN WE ARE TO FILE FOR, PLEASE MENTION THE SEX OF THE CHILD OR CHILDREN IN THEIR CHECKLIST.

C. PLEASE DO NOT ASSUME THAT THE ATTORNEY OR THE CASE MANAGER WILL KNOW ALL THE CITIES AND STATES IN YOUR HOME COUNTRY. WHEREVER ASKED, PLEASE WRITE (CITY/STATE/COUNTRY) WITHOUT FAIL, OTHERWISE IT WILL SIMPLY RESULT IN DELAYS IN THE PREPARATION OF YOUR 485 CASE DOCUMENTS

D. WRITE ALL DATES IN NUMBERS AS 01/01/2003 (MONTH/DAY/YEAR) FOR ALL RESPONSES WHERE COMPLETE DATES ARE TO BE MENTIONED. STATE THE DATES IN THE MM / DD / YYYY FORMAT, UNLESS THE QUESTION SPECIFICALLY ASKS FOR ONLY MONTH AND YEAR

E. PLEASE WRITE FULL NAMES (FIRST/MIDDLE/LAST) IN EVERY QUESTION THAT REQUIRES IT. DO NOT MENTION JUST ABBREVIATIONS OR INITIALS PLEASE EVEN FOR MIDDLE NAMES. IT IS VERY IMPORTANT TO STATE THE FULL NAME IN THE CORRECT MANNER

F. MAKE SURE THAT ALL ADDRESS THAT YOU PROVIDE FOR CURRENT AND PAST RESIDENCES MENTION CLEARLY THE DATES (IN THE FORMAT MM / YYYY ) FOR THE PERIODS OF RESIDENCE. SAME GOES FOR CURRENT AND PAST EMPLOYMENT. STATE START AND END DATE OF EACH EMPLOYMENT IN THE FORMAT MM / YYYY. PROPER DATES ARE VERY IMPORTANT SO DO NOT FAIL TO PROVIDE THEM.

G. IF ANY APPLICANT DOES NOT HAVE A SOCIAL SECURITY NUMBER, BUT HAS A TAX ID NUMBER INSTEAD, PLEASE MENTION THAT TAX ID# IN THE CHECKLIST.

H. PLEASE CHECK ALL DATES AND INFORMATION TWICE BEFORE EMAILING THIS INFORMATION CHECKLIST TO THE ATTORNEY OR THE CASE MANAGER. ERRORS IN THE COMPLETION OF THE CHECKLIST BY THE CLIENT ARE THE MAIN CAUSE FOR DELAYS ON OUR SIDE IN THE PREPARATION AND SUBMISSION OF THE FINAL 485 DOCUMENTS (BECAUSE WE HAVE TO SPEND TIME CORRECTING EACH ERROR IN SEVERAL RELATED DOCUMENTS)……(I.E., ONE ERROR FINDS ITS WAY IN SEVERAL DOCUMENTS BECAUSE SOME OF THE INFORMATION IS REPITITIOUS IN SEVERAL DOCUMENTS. SO PLEASE BE CAREFUL WHEN PREPARING THE I-485 CHECKLIST.

I. WHEN MENTIONING EMPLOYMENT HISTORY FOR THE LAST 6 YEARS AS WELL AS YOUR PRESENT EMPLOYMENT DETAILS, PLEASE REFER TO THE LABOR CERTIFICATION THAT WAS FILED FOR YOU AND MAKE SURE THAT THE INFORMATION YOU PROVIDE NOW IN THE 485 CHECKLIST IS CONSISTANT WITH THE EMPLOYMENT HISTORY MENTIONED ON YOUR LABOR CERT. SEE A COPY OF THE ETA750 PART B THAT WAS PROVIDED TO YOU. MAKE SURE THE DATES OF EDUCATION AND EMPLOYMENT ARE CONSISTENT WITH THE ETA750 PART B.

A. Information required from the Principal Applicant

(for whom the I-140 has been approved)

THIS INFORMATION IS NEEDED TO COMPLETE FORM G325

THIS FORM CAN BE VIEWED AT:



1. Name (First/Middle/Last).

1. Other names used in the past (Maiden Name/Names used from previous marriages)

2. Current Residential Address in the United States.

3. Date of Birth (M/D/Y).

4. Place of Birth (City/State/Country).

5. Social Security Number (If you don’t have SS#, but have a Tax ID #, pl. mention that)

6. A # (Employment Authorization #) (If you have or have had an EAD card)

7. Date when you had applied for Employment Authorization (M/D/Y)

8. Name of INS Service Center where you had applied for Employment Authorization

9. Validity dates of past Employment Authorization if it has already expired or is still valid (M/D/Y till M/D/Y) as mentioned on your EAD Card.

10. Date and place of present marriage (M/D/Y) and (City/State/Country).

11. Names of previous husbands/wives (First/Middle/Last)(Maiden last name for wife

12. Date of birth for each of your previous spouses (M/D/Y)

13. Dates and places of previous marriages (M/D/Y) and (City/State/Country).

14. Dates and places of termination of previous marriages (M/D/Y) and (City/State/Country).

15. Names/Date of Birth/Country of Birth of children from present / previous marriages

16. Your residential address abroad (in full) if any.

17. Name and address of your present employer if not self-employed or unemployed.

18. Your current occupation with your present employer.

19. YOUR current annual salary

20. Date when your present employment began (M/D/Y).

21. Names and addresses of all previous employers since the last 6 years (in full).

22. Dates between which you worked with each employer (M/D/Y) to (M/D/Y) above.

1. Your specific occupation with each employer above.

2. Your last occupation abroad. Mention the Employer’s address, your occupation with the employer and the dates (M/D/Y) to (M/D/Y)

23. List of all residences since the last 6 years (addresses in full for each).

24. Dates between which you resided at every place (M/D/Y) to (M/D/Y) above.

25. Length of residence (years and months) for you at YOUR CURRENT address

26. Your last address outside the U.S. at which you lived for more than 1 year. Mention (M/D/Y) to (M/D/Y)

27. Your Mother’s and Father’s full name (First/Middle/Last)

28. Your Mother’s Maiden name (First/Middle/Last)

29. Your parents’ Dates and Places of birth (M/D/Y) and (City/State/Country)

30. Your parents’ Place of current residence (City/State/Country)

31. Current Immigration Status.

32. Status on which you last arrived into the U.S.

33. Date when you first arrived into the U.S. (M/D/Y)

34. Your immigration status when you first arrived (whether on B1/B2/H-1/H4 or other)

35. Date and place of last arrival into the U.S. (M/D/Y) and (City, State)

36. Current Non-Immigrant Visa Number. (Found on the top right hand corner of the Visa)

37. Consulate where the Visa was issued. (City/Country)

38. Date on which Visa was issued (M/D/Y).

39. Date on which your authorized stay in the U.S. will expire (M/D/Y).

40. Arrival/Departure (I-94) Number.

41. Your name as mentioned on the I-94

42. Your Phone Numbers (Work and Home and Cell Phone)

43. Your FAX Number at work and home (if any)

44. Your E-Mail address (if any)

B. Information required from the Principal Applicant’s Spouse and/or Child (child means unmarried and under age 21):

THIS INFORMATION IS NEEDED TO COMPLETE FORM G325

THIS FORM CAN BE VIEWED AT:



NOTE: IF FILING FOR YOUR CHILD(REN), PLEASE MENTION THE SEX (male or female) OF THE CHILD(REN) (state Male or Female next to their names)

1. Name (First/Middle/Last).

2. Other names used in the past (Maiden Name/Names used from previous marriages)

3. Current Residential Address in the United States.

4. Date of Birth (M/D/Y).

5. Place of Birth (City/State/Country).

6. Social Security Number. (If you don’t have SS#, but have a Tax ID #, pl. mention that)

7. A # (Employment Authorization #) (If you have or have had an EAD card)

8. Date when you had applied for Employment Authorization (M/D/Y)

9. Name of INS Service Center where you had applied for Employment Authorizatio

10. Validity dates of past Employment Authorization if it has already expired or is still valid (M/D/Y till M/D/Y) as mentioned on your EAD Card.

11. Date and place of present marriage (M/D/Y) and (City/State/Country).

12. Names of previous husbands/wives (First/Middle/Last)(Maiden last name for wife)

13. Date of birth for each of your previous spouses (M/D/Y)

14. Dates and places of previous marriages (M/D/Y) and (City/State/Country).

15. Dates and places of termination of previous marriages (M/D/Y) and (City/State/Country).

16. Names/Date of Birth/Country of Birth of children from present / previous marriages

17. Your residential address abroad (in full) if any.

18. Name and address of your present employer if not self-employed or unemployed.

19. Your current occupation with your present employer.

20. YOUR current annual salary

21. Date when your present employment began (M/D/Y).

22. Names and addresses of all previous employers since the last 6 years (in full).

23. Dates between which you worked with each employer (M/D/Y) to (M/D/Y) above.

24. Your specific occupation with each employer above.

25. Your last occupation abroad. Mention the Employer’s address, your occupation with the employer and the dates (M/D/Y) to (M/D/Y)

26. List of all residences since the last 6 years (addresses in full for each).

27. Dates between which you resided at every place (M/D/Y) to (M/D/Y) above.

28. Length of residence (years and months) for you at YOUR CURRENT address

29. Your last address outside the U.S. at which you lived for more than 1 year. Mention (M/D/Y) to (M/D/Y)

30. Your Mother’s and Father’s full name (First/Middle/Last)

31. Your Mother’s Maiden name (First/Middle/Last)

32. Your parents’ Dates and Places of birth (M/D/Y) and (City/State/Country)

33. Your parents’ Place of current residence (City/State/Country)

34. Current Immigration Status.

35. Status on which you last arrived into the U.S.

36. Date when you first arrived into the U.S. (M/D/Y)

37. Your immigration status when you first arrived (whether on B1/B2/H-1/H4 or other)

38. Date and place of last arrival into the U.S. (M/D/Y) and (City, State)

39. Current Non-Immigrant Visa Number. (Found on top right hand corner of the Visa)

40. Consulate where the Visa was issued. (City, Country)

41. Date on which Visa was issued (M/D/Y).

42. Date on which your authorized stay in the U.S. will expire (M/D/Y).

43. Arrival/Departure (I-94) Number.

44. Your name as mentioned on the I-94

45. Your Phone Numbers (Work and Home)

46. Your FAX Number at work and home (if any)

47. Your E-Mail address (if any)

C. List of additional documents required:

a) DOCUMENTS NEEDED FORM THE PRINCIPAL APPLICANT

1. A color copy of alien's passport page bearing photo and basic biographical information, as well as a color copy of the alien’s US driver’s license.

2. Copy of I-94 and ALL previous F1, H1, TN or other nonimmigrant visa/status approval notices.

3. Copy of all previous I-20's issued to you while on F1 status

4. Copy of all previous EAD cards (the employment authorization card)

1. Copy of current nonimmigrant visa from passport (H-1, F-1, J-1, B-1, B-2 etc.)

2. Copy of US social security card (if any)

3. See below

i) If either principal applicant or the spouse has been married before, please provide copies of divorce decrees

ii) Copy of marriage certificate and marriage license if presently married

iii) Birth certificate** (see important note below concerning birth certificates) copies for each person adjusting status (i.e., the principal applicant, his/her spouse, and all children) .    If the BC is in non-English, then a copy of it plus English translation plus a translator's certificate (see attached)

8. Current pay-stubs copies for each applicant (if lawfully employed)

9. Last 3 years TAX RETURNS COPIES (FEDERAL ONLY)

10. I-140 petition copy with all supporting documents

11. Copy of the I-140 approval notice

12. Signed signature card - Form I-765 CARD (1-23-91)

SEE END OF THIS CHECKLIST FOR THIS CARD

NOTE: Even if my law office has handled your Labor Cert. and/or I-140 before on the basis of which this I-485 is being filed, and even though we already have copies of some or all of the documents in one or more of either the Labor Cert or the I-140 files, please send us all the documents in items 1-9 above.

Those clients for whom I did not do the Alien Labor Cert or the I-140, please mail me copies of items 10-11 also.

b) Additional documents needed FROM THE PRINCIPAL APPLICANT’S DERIVATIVE BENEFICIARIES, I.E., SPOUSE AND/OR CHILD(REN) (if your spouse and/or child is adjusting status) (for those who are married only)

1. Color copy of alien's passport pages bearing photo and basic biographical information as well as a color copy of the alien’s US driver’s license.

2. Copy of all I-94 and all previous F1, F2, H1, H4, TN, TD or other nonimmigrant visa/status approval notices

3. Copy of all previous I-20's issued to you while on F1 status (if applicable)

4. Copy of all previous EAD cards (the employment authorization card)

1. Copy of current nonimmigrant visa from passport (H-1, H-4, F-1, F-2, J-1, J-2, B-1, B-2, TN, TD etc.)

2. Copy of social security card (if any)

3. See below:

iv) If either principal applicant or the spouse has been married before, please provide copies of divorce decrees

v) Copy of marriage certificate and marriage license if presently married

vi) Birth certificate ** (see important note below concerning birth certificates) copies for each person adjusting status (i.e., the principal applicant, his/her spouse, and all children) .    If the BC is in non-English, then a copy of it plus English translation plus a translator's certificate (see attached)

8. Current pay-stubs copies for each applicant (if lawfully employed)

9. Last 3 years TAX RETURNS COPIES (FEDERAL ONLY)

NOTE (important note below concerning birth certificates)

Note 1

In the event that a person’s birth certificate was issued by the issuing authority on a date that was more than 1 year after that date of birth of the person, the INS will want to see two affidavits from two separate persons (such as (i) your mother/father, and (ii) uncle/aunt), making a sworn declaration about your date of birth and place of birth. Of course it goes without saying that your mother and father have personal knowledge of your birth date and place of birth. But for an uncle, aunt or some other relative, they also must have had personal knowledge of the birth (i.e., that must have been present at the time of your birth.

The format of this affidavit from parents/relatives is attached at the end of this checklist. It is called “Affidavit in addition to a Birth Certificate”

Note 2

In the event that a person’s birth certificate was never ever issued by the issuing authority, the INS will want to see the following: (1) a certificate of non-availability of the birth certificate from the municipal corporation having jurisdiction over the city/state/country where you were born; and (2) two affidavits from two separate persons (such as (i) your mother/father, and (ii) uncle/aunt), making a sworn declaration about your date of birth and place of birth. Of course it goes without saying that your mother and father have personal knowledge of your birth date and place of birth. But for an uncle, aunt or some other relative, they also must have had personal knowledge of the birth (i.e., that must have been present at the time of your birth.

To get the certificate of non-availability, you must write to the municipal corporation. A format letter is available at the end of this checklist and it is called Letter to Home Country Municipal Corp reg BC or Cert of Non-Avail.

A format of the certificate of non availability is also attached, and it is called Certificate of nonavailability of Birth Cert from Municipal Corp.

The format of this affidavit from parents/relatives is attached at the end of this checklist. It is called “Affidavit in LIEU of a birth certificate”

Also see the Certification by Translator, below

GO TO NEXT PAGE FOR PHOTO INSTRUCTIONS

c) Photographs (8 for each applicant)

[pic]

d) Medical Examination results

List of USCIS Certified Physicians:

You need to provide your Medical Exam results on Form I-693, sealed by an INS certified physician before we can file your I-485 for adjustment of status to a permanent resident application

For: Civil Surgeons Locator for medical examinations

Click on:



 

For: Medical Examination Forms

Click on:



NOTE THAT THIS IS A NEW FORM IN EFFECT FROM 4/27/05. THE OLD VERSION CAN ONLY BE USED UP TO 9/30/05.

I SUGGEST THAT YOU DOWN LOAD THE NEW FORM FROM AND GIVE TO YOUR PHYSICIAN IN THE EVENT THAT HE/SHE MAY NOT HAVE THE NEW FORM

 

For each applicant, medical exam results need to be provided to the attorney. These results will be provided to you in a sealed envelope from the INS certified physician in an INS form called I-693. Please email me, or call my office, and we will provide a list of latest INS certified physicians for your area. Please check with the doctor to make sure that they carry the INS Form I-693. Sometimes they do not. In those cases, read below:

Special Note about I-693 Forms:

An INS I-693 form is a 10-page document (2 page Instructions and 8-page form) and it is multicolored, as explained below. This form is to be filled out by the physician after he/she completes the medical examination, and returned back to you in a sealed envelope. You will in turn, forward this sealed envelope to me. The sealed envelope contains the confidential medical report.

Most physician offices keep a stack of these I-693 forms in their offices. Some do not. When making an appointment, please make sure that the physician’s office has these forms in stock.

Sometimes, some of my clients will get an appointment from a physician who does not carry these forms. In this case, my clients request my law office to send them these I-693 forms so that that they can provide these to the physician’s office. In the past, when this has been requested, I have done so. However, more and more, it is getting to be a hassle to send these forms out. In the first place, it is the INS certified physician that is supposed to keep an abundant supply of these forms in his office. That is one reason why the physician is INS certified. In the second place, these forms are downloadable and printable off the Internet at



Description of the I-693 Form

Page Content Color of the page

1st and 2nd Pages Instructions for completing the form White

Page 1 of the 8-page form Medical Clearance Requirements White

Page 2 of the 8-page form I-693 Original: INS A-FILE COPY White

Page 3 of the 8-page form Medical Clearance Requirements White

Page 4 of the 8-page form I-693 CIVIL SURGEON COPY Blue*

Page 5 of the 8-page form Medical Clearance Requirements White

Page 6 of the 8-page form I-693 APPLICANT COPY Green*

Page 7 of the 8-page form Medical Clearance Requirements White

Page 8 of the 8-page form I-693 PHYSICIAN OR HEALTH DEPT. Pink*

(*) Colors description

Blue: You can get this from Office Depot, Office Max, Staples or Kinko’s. Many manufacturers make this, and for example, the one made by XEROX is called “Multipurpose Pastel Paper” Blue. It is the color of this text.

Green: You can get this from Office Depot, Office Max, Staples or Kinko’s. Many manufacturers make this, and for example, the one made by XEROX is called “Multipurpose Pastel Paper” Green. It is the color of this text.

Pink: You can get this from Office Depot, Office Max, Staples or Kinko’s. Many manufacturers make this, and for example, the one made by XEROX is called “Multipurpose Pastel Paper” Pink. It is the color of this text.

BLACK AND WHITE IS FINE

Note: Each person undergoing the medical exam needs their own I-693 form, i.e., a separate form for the principal applicant, spouse (if any) and child (if any).

Give the physician only pages 2,4,6, and 8 of the I-693 form. (i.e., the pages having the colors - white-blue-green-pink.

Place a black carbon paper between each colored sheet (i.e., between pages 2-4, 4-6 and 6-8, so that when the physician writes on page 2, it transfers on pages 4, 6, and 8 also.

e) All INS filing fees. (PER PERSON)

FOR EACH PERSON ADJUSTING STATUS, SEND ME 4 SEPARATE CASHIERS CHECKS ONLY (NO PERSONAL CHECKS)

SEE NEXT PAGE

See: for new fee schedule effective 10/26/05

NEW USCIS IMMIGRATION BENEFIT APPLICATION FEES eff: 10/26/2005

I-485/765/131/FP FEES ARE PER PERSON

PLEASE MAKE MONEY ORDERS OR CASHIER CHECKS PAYABLE TO “USCIS”

|I-140 |I-485 |I-765 |I-131 |BIOMETRICS |

|PETITION FOR ALIEN |REGISTER PERMANENT RESIDENCE |EMPLOMENT AUTHORIZATION |TRAVEL DOCUMENT |(AKA) |

|WORKER | | | |FINGER PRINTING |

|$195.00 |$325.00 for 14 years or |$180.00 |$170.00 |$70.00 |

|(only for the principal|older. | | |(No fee for kids under age 14) |

|alien (not family |Under age 14, fees are | | | |

|members) |$225.00 | | | |

Usually, we file I-485, I-131 and I-765 all together for the same person. That is the normal procedure and I recommend that this be done. However, some people do not really want permanent work authorization card or advance parole (whatever the reason be)

If for any person, you do not wish to file I765 (for work authorization card) or I-131 (for

advance parole), please let me know and do not send me INS fees for that. But the I-485 and Fingerprinting fees are a must in order to file the I-485 case.

NOTE: CONTACT ME AT LEAST 130 DAYS BEFORE EAD EXPIRATION TO FILE A RENEWAL WITH THE INS! EADs ARE ONLY GOOD FOR 1 YEAR, AND MUST BE RENEWED EACH YEAR. INS TAKES ABOUT 120 DAYS.

NOTE: CONTACT ME AT LEAST 130 DAYS BEFORE ADVANCE PAROLE EXPIRATION TO FILE A RENEWAL WITH THE INS! ADVANCE PAROLES ARE ONLY GOOD FOR 1 YEAR, AND MUST BE RENEWED EACH YEAR. INS TAKES ABOUT 120 DAYS.

NOTE:

INS IS TAKING ABOUT 90-120 DAYS TO PROCESS EADS AND ADVANCE PAROLE.

INS IS TAKING ABOUT 30-45 DAYS TO ISSUE RECEIPT NOTICES ON I-485, I-131 AND I-765

INS IS TAKING ABOUT 2-6 MONTHS TO SCHEDULE FINGERPRINTING AFTER FILING DATE

INS IS TAKING ABOUT 14-15 MONTHS ON AN AVERAGE TO APPROVE I-485

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ADDITIONAL NOTES FROM INS’ WEBSITE (WWW. ):

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Advance Parole

Most aliens who have pending applications for immigration

benefits or for changes in nonimmigrant status need

Advance Parole to re-enter the U.S. after traveling

abroad. Aliens applying for advance parole on the basis

of a pending application for adjustment of status must be

approved for advance parole prior to leaving the United

States in order to avoid the termination of their pending

application for adjustment. Note: this does not apply to

aliens who have applied to adjust to permanent resident

status and who maintain H-1 (Specialty Worker) or L-1

(Intracompany Transferee) status, or their dependents,

who have applied to adjust to permanent resident status

and who have a valid V nonimmigrant visa, are in valid V

nonimmigrant status and have or obtain a valid V

nonimmigrant visa before applying for readmission to the

US, who have applied to adjust to permanent resident

status and who have a valid K-3/4 nonimmigrant visa, are

in valid K-3/4 nonimmigrant status and have or obtain a

valid K-3/4 nonimmigrant visa before applying for

readmission to the US.

Aliens in the United States should, prior to departure,

obtain Advance Parole in order to re-enter the United

States after travel abroad if they have:

Filed an application for adjustment of status but

have not received a decision from the INS;

Hold refugee or asylee status and intend to depart

temporarily to apply for a U.S. immigrant visa in

Canada; and/or

An emergent personal or bona fide reason to travel

temporarily abroad. Applicants who are the

beneficiary of a Private bill and Applicants who are

under deportation proceedings must file at INS,

Office of International Affairs, Parole and

Humanitarian Assistance Branch, 425 I Street, NW,

ATTN: International Affairs, Washington, DC 20536

Aliens in the United States are not eligible for Advance

Parole if they are:

In the United States illegally;

An exchange alien subject to the foreign residence

requirement;

Please note that Advance Parole does not guarantee

admission into the U.S. Aliens with Advance Parole are

still subject to the INS inspection process at the port

of entry.

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MAIL ALL DOCUMENTS TO THE CINCINNATI OFFICE at:

P. Michael Khosla, Attorney

11123 Montgomery Road, Suite 202

Cincinnati, OH 45249

CALL ME AT 1-888-454-6752 (NATIONWIDE CLIENTS)

IF YOU HAVE ANY QUESTIONS

AFFIDAVIT IN ADDITION TO BIRTH CERTIFICATE

CITY OF )

)

STATE OF )

TO: US CONSULATE OR US IMMIGRATION & NATURALIZATION SERVICE

I/WE, ________________________(full name of the person making the statements in the affidavit), BEING OF SOUND BODY AND MIND, MAKE THE FOLLOWING STATEMENTS UNDER OATH:

1. I/WE AM/ARE PROVIDING THIS AFFIDAVIT TO SUPPORT THE IMMIGRANT VISA APPLICATION THOUGH I-485 for ADJUSTMENE OF STATUS, OF OUR ____ (son/daughter), ___________________ (state full name in the format LAST NAME, First Name, Middle Name of the person undergoing I-485), IN ORDER TO BECOME A U.S. PERMANENT RESIDENT PURSUANT TO AN EMPLOYMENT BASED IMMIGRANT VISA PREFERENCE CATEGORY.

2. I/WE AM/ARE BOTH CITIZENS OF _________(county). OUR PERMANENT ADDRESS IN ___________(country) IS: ____________________________________________(address).

3. I, ____________(state full name in the format LAST NAME, First Name, Middle Name), AM THE FATHER OF _________ (state full name in the format LAST NAME, First Name, Middle Name) of the person undergoing I-485. I WAS BORN ON _______ (format example: January 01, 1950) IN __________(city) , ________(country).

4. I, ____________((state full name in the format LAST NAME, First Name, Middle Name)), AM THE MOTHER OF _________ ((state full name in the format LAST NAME, First Name, Middle Name, of the person undergoing I-485). I WAS BORN ON _______ (format example: January 01, 1950) IN _____________(city) , ________(country).

5. OUR _____(son/daughter), _____________(state full name in the format LAST NAME, First Name, Middle Name), WAS BORN ON ___________(date) AT _______________(city), ________________(state), ____________(country) IN _______________(name of clinic or hospital)

6. I, ____________________((state full name in the format LAST NAME, First Name, Middle Name of mother), GAVE BIRTH TO _________((state full name in the format LAST NAME, First Name, Middle Name), of the person undergoing I-485) ON _____________(date).

7. I, _________________((state full name in the format LAST NAME, First Name, Middle Name of father, uncle, aunt, grandfather, grandmother) WAS PHYSICALLY PRESENT TO WITNESS THE BIRTH OF ________________ (full name in the format LAST NAME, Middle Name, First Name, of the person undergoing I-485), AND HENCE HAVE PERSONAL KNOWLEDGE OF THIS.

8. WE BOTH HEREBY TESTIFY UNDER PENALTY OF PERJURY THAT THE ABOVE STATEMENTS ARE TRUE.

____________________________(signature)

name of FATHER, UNCLE, AUNT ETC. (state full name in the format LAST NAME, First Name, Middle Name)

____________________________(signature)

name of MOTHER (state full name in the format LAST NAME, First Name, Middle Name)

SWORN BEFORE ME THIS _______ DAY OF ____________, (year), IN __________________(city), STATE OF ___________(name of state), ______________(country).

_____________________________(signature)

NOTARY PUBLIC

AFFIDAVIT IN LIEU OF BIRTH CERTIFICATE

CITY OF _______ )

)

STATE OF ______ )

TO: US CONSULATE , OR

US IMMIGRATION & NATURALIZATION SERVICE

1. THIS AFFIDAVIT IS BEING FURNISHED IN SUPPORT OF THE APPLICATION I-485 FILED BY OUR SON/DAUGHTER, ______________ FOR ADJUSTMENT OF STATUS AS A US PERMANENT RESIDENT UNDER AN EMPLOYMENT BASED 2ND OR 3RD PREFERENCE CATEGORY.

2. WE ARE BOTH CITIZENS OF _________(COUNTRY). OUR PERMANENT ADDRESS IN ___________(COUNTRY) IS: ____________________________________

3. I, ____________, AM THE FATHER OF _________. I WAS BORN ON _______ IN _____________(city) , ________(country).

4. I, ____________, AM THE MOTHER OF _________. I WAS BORN ON _______ IN _____________(city) , ________(country)..

5. OUR SON/DAUGHTER, _____________, WAS BORN ON ___________ AT _______________(CITY), ________________(STATE), ____________(COUNTRY) IN _______________(NAME OF CLINIC OR HOSPITAL)

6. I, ____________________(MOTHER), GAVE BIRTH TO _________ ON _____________.

7. I, _________________(FATHER, UNCLE, AUNT), WAS PHYSICALLY PRESENT TO WITNESS THE BIRTH OF ________________, AND HENCE HAVE PERSONAL KNOWLEDGE OF THIS.

8. TO OUR KNOWLEDGE, NO FORMAL BIRTH CERTIFICATE WAS EITHER ISSUED OR NOW EXISTS.

9. WE BOTH HEREBY TESTIFY UNDER PENALTY OF PERJURY THAT THE ABOVE STATEMENTS ARE TRUE.

____________________________

FATHER, UNCLE, AUNT ETC.

____________________________

MOTHER

SWORN BEFORE ME THIS _______DAY OF ____________, 2000, IN __________________(CITY), STATE OF ___________

_____________________________

NOTARY PUBLIC

Note: In the affidavit, where the name of any person appears (whether your name, your dad's name or your mother's name), please clarify which is the first name, middle name and last name.

For example, use the format as shown below, paying careful attention to the use of brackets and semi-colons:

"YADAV (Last Name); Santosh (First Name); Babau (Middle Name)”

See below, a short and better version of an Affidavit in proof of Date of Birth, that is more generic and can be used whether one is doing Adjustment of Status or Consular Processing, and whether this is an affidavit in addition to or in Lieu of, a Birth Certificate

AFFIDAVIT

I ____________ (Name of the Mother or Father)_____________ BEING DULY SWORN, DESPOSES AND SAYS:

1. I AM THE MOTHER/FATHER OF ________________ (Name of the Alien)_______ AND PRESENTLY RESIDE AT ____________________________ (Address abroad)_______________.

2. I UNEQUIVOCALLY STATE THAT MY SON/DAUGHTER ______( Name of the Alien)____________ WAS BORN TO ME ON ___(date)__ DAY OF _____(month) _____ IN ______(year)______ AT ______(city, state and country).

3. I HEREBY TESTIFY UNDER PENALTY OF PERJURY THAT THE ABOVE STATEMENTS ARE TRUE AND CORRECT AND BASED ON MY PERSONAL KNOWLEDGE AND BELIEF.

____________________________(signature)

(Name) (Mother/Father)

WITNESS STATEMENT

I __________________(name of father, brother, sister, uncle, aunt or grandparent, or some other witness, such as friend, or neighbor) _WAS PHYSICALLY PRESENT TO WITNESS THE BIRTH OF ________________ (Name of the Alien)_______ , AND HENCE HAVE PERSONAL KNOWLEDGE OF THIS.

____________________________(signature)

(Name) (Father, Brother, Sister, Uncle, Aunt, Grandfather, Grandmother, etc.)

NOTARY STAMP

SWORN BEFORE ME THIS _______ DAY OF ____________, (year), IN __________________(city), STATE OF ___________(name of state), ______________(country).

_____________________________(signature)

NOTARY PUBLIC

FORMAT A

Certificate regarding Clarification of a Birth Certificate from a Municipal Corp.

Date:

From:

Municipal Corporation

City

State

Country

To whomsoever it may concern:

This is to state that Mr./Ms.______’s birth records do not show that his/her name was ever registered at a later date in our files. All we have is a birth certificate issued for a ‘baby boy”/”baby girl” born to parents Mr. & Mrs. ______________ on date ______. We do not have any additional records of Mr./Ms. ___________’s birth other than a birth certificate, page no. ______ from the birth register of ____(place), dated _____________(date of birth or entry into record).

Signed:

_________________

Name

Title

FORMAT B

Certificate of Non-availability of Birth Certificate from a Municipal Corp.

Date:

From:

Municipal Corporation

City

State

Country

To whomsoever it may concern:

This is to state that we have searched Mr./Ms. ______'s birth records and

we do not show that his/her name was ever registered by her parents in our files.  We do not have any additional records of Mr./Ms. _______ 's date of birth or place of birth.

Signed:

_________________

Name:

Title:

Letter to Home Country’s Municipal Corp. requesting them to either (i) send an official copy of a Birth Certificate, or if none is available, then send (ii) a Certificate of Non-Availability of a Birth Certificate

Date:__________

Records Keeper

Municipal Corporation

Register of Births and Deaths

______________________

______________________

________________(City)

________________(State)

________________(Country)

Re: Birth Records for Mr._______________

Dear Sir:

My name is ___________________(First Name), _______________(Middle Initial), ___________________Last Name). In connection with my application for permanent residence in the United States, I am writing this letter to verify my birth records.

i) Attached is a translation of the official birth record which shows that I was born to ___________(father) and ___________(mother) on ___________(birth date) in ______________(city/state/country). However, my name does not appear in the birth certificate; OR

ii) I do not have my birth certificate but I was born on ____in ______(city/state/country) to ___________(name of father) and _________(name of mother).

I would like to know if your birth records show whether my name was later recorded in your files. If it is not recorded, please send me a letter on your official letterhead which states the following, as per the attached Format A or Format B.

I thank you for your time and consideration and hope a quick reply will be forthcoming. Attached is a money order for US $10.00 to cover miscellaneous costs that you my incur in handling this matter. Please treat this with the utmost urgency.

Sincerely,

______________(applicant)

(SEND COPIES OF FORMAT A AND FORMAT B AS ABOVE)

Certification by Translator

I [Typed Name], certify that I am fluent in the English and [type in the

name of the foreign language] languages, and that the attached document is

an accurate translation of the document attached entitled " [type title of

the document].

________________________

Signature

Typed name:

Date:

Address:

Sworn and subscribed before me on ______ day of _____month of year _____, in ___________(town), ___________(state).

________________

Notary Public

___

Signature________________

Place

Print

Here

Form I-765 CARD (1-23-91)

INSTRUCTIONS:

Dear Client:

1. Please sign in the place where it says “Signature_______”.

2. Do not let the signature get out of the box. Sign small if you have to, but keep it in the box

3. Where it states “Place Print Here, please do not do anything.

4. Return this signed form back to my office: 11123 Montgomery Road, Suite 202, Cincinnati, OH 45249.

Mike Khosla

Attorney at Law

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