Overview of Forms. Texas Service Center Special Presentation October 2010 8 CFR 299.1 Instructions to U.S. CIS Forms. First, Some Terms…. A petition is generally filed by a qualifying U.S. citizen or U.S. employer on behalf of a non U.S. citizen (Think sponsor).
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Texas Service Center
Special Presentation October 2010
8 CFR 299.1
Instructions to U.S. CIS Forms
Some forms are for information or notification purposes only, including:
This is a quick overview of the most commonly filed applications and petitions that require an adjudicative decision:
I-90 I-102 I129
I-129F I-130 I-131
I-140 I-485 I-539
I-730 I-751 I-765
Filed by Lawful Permanent Residents (LPRs) and Conditional Resident Aliens (CRAs) to apply for replacement alien registration cards
Must be filed because the original Form I-94 was:
Applicants must submit proof of legal entry.
To re-issue form I-94 or I-95(Crewman’s landing permit) only.
Approval will not:
Filed to receive:
A Re-entry Permit:
Refugee Travel Document:
Advance Parole Document
Issued as Form I-512
To petition for an immigrant based on employment
May be filed by U.S. employer for:
Individuals (including alien) may file:
Labor Certification required for:
Unless it is revoked, the approval is valid indefinitely.
Aliens are entitled to recapture an older priority date from an approved, unrevoked I-140, even if it was a different employer or preference category.
Adjustment of status is the means by which an alien becomes a lawful permanent resident (LPR) without leaving the United States.
To be eligible, an alien must:
Beneficiary of an approved visa petition may be…
Eligibility under special programs:
Currently only Asylum applications are done at
Allows for adjustment of status for aliens not maintaining lawful status for an aggregate of less than 180 days:
Allows for adjustment of status for aliens not maintaining lawful status for an aggregate of more than 180 days:
Filed by aliens who are granted asylum or refugee status and wish to petition for their accompanying or following-to-join spouse/child.
If the beneficiary was not previously claimed by the petitioner, the burden of proof is on the petitioner to explain why the beneficiary was not previously claimed and submit clear and convincing evidence of relationship.
An alien who gains permanent residence in the U.S. by virtue of a marriage (to a USC) that is less than 24 months old is a Conditional Permanent Resident (CPR) must file an I-751 to remove the conditional basis on their permanent residence.
These are not worked at TSC.
Filed to obtain Employment Authorization Document (EAD):
Examples of Eligibility for EAD:
Examples of Eligibility for EAD (cont’d):
Not required to file for EAD:
For nonimmigrants in the United States to apply for an extension of stay or change to another nonimmigrant status.