IMMIGRATION SELF-HELP BASICS GUIDE

Understanding Your Options and Protecting Yourself

IMPORTANT WARNINGS

Read This First

Immigration law is one of the most complex areas of law. Mistakes can result in:
- Denial of your application
- Deportation/removal
- Bars from future immigration benefits
- Criminal penalties
- Separation from family

This guide is NOT a substitute for legal advice. It provides basic information to help you:
- Understand your options
- Prepare to work with an attorney
- Avoid scams
- Find legitimate help

FINDING LEGITIMATE HELP

Who Can Help You

Licensed Attorneys:
- Must be licensed to practice law
- Can represent you before USCIS, immigration courts, and federal courts
- Find at: www.ailalawyer.com (American Immigration Lawyers Association)

DOJ-Accredited Representatives:
- Work at recognized non-profit organizations
- Accredited by Department of Justice
- Can represent you before USCIS and immigration courts
- Often free or low-cost
- Find at: www.justice.gov/eoir/recognized-organizations-and-accredited-representatives-roster-state-and-city

Law School Clinics:
- Free help from supervised law students
- Find at local law schools

Who Cannot Help You (Avoid Scams)

Notarios:
- In many countries, "notario" means licensed attorney
- In the U.S., a notary public is NOT an attorney
- Notario fraud is a major problem
- NEVER pay a notario for immigration help

Immigration Consultants:
- Cannot give legal advice
- Cannot represent you before USCIS
- Many are scams

Warning Signs of Fraud:
☐ Guarantees results
☐ Claims special relationships with USCIS
☐ Asks you to sign blank forms
☐ Refuses to give receipts
☐ Says you don't need a lawyer
☐ Charges for free government forms
☐ Tells you to lie on applications

COMMON IMMIGRATION PATHWAYS

Family-Based Immigration

Immediate Relatives of U.S. Citizens:
- Spouse
- Unmarried children under 21
- Parents (if petitioner is 21+)
- No numerical limits (fastest category)

Family Preference Categories:
- Other relatives of U.S. citizens
- Relatives of lawful permanent residents
- Subject to annual limits (long waits)

Form: I-130 (Petition for Alien Relative)

Employment-Based Immigration

Categories:
- EB-1: Priority workers (extraordinary ability, outstanding researchers, multinational managers)
- EB-2: Professionals with advanced degrees, National Interest Waiver
- EB-3: Skilled workers, professionals, other workers
- EB-4: Special immigrants
- EB-5: Investors

Most require employer sponsorship except:
- EB-1A (extraordinary ability) - can self-petition
- EB-2 NIW (National Interest Waiver) - can self-petition

Form: I-140 (Immigrant Petition for Alien Workers)

Humanitarian Programs

Asylum:
- For people fleeing persecution based on race, religion, nationality, political opinion, or membership in a particular social group
- Must file within 1 year of arrival (with limited exceptions)
- Form: I-589

VAWA (Violence Against Women Act):
- Self-petition for abused spouses, children, parents of U.S. citizens or LPRs
- Form: I-360

U Visa:
- Victims of certain crimes who help law enforcement
- Requires law enforcement certification

T Visa:
- Victims of human trafficking

Naturalization (Citizenship)

Requirements:
- Green card holder for 5 years (3 years if married to U.S. citizen)
- Physical presence requirements
- Continuous residence requirements
- Good moral character
- English and civics test

Form: N-400 (Application for Naturalization)

BASIC USCIS PROCESSES

Filing an Application

Step 1: Determine Correct Form
- Find forms at: www.uscis.gov/forms
- Read instructions carefully
- Use current version only

Step 2: Gather Evidence
- Each form has specific evidence requirements
- Read instructions and checklists
- Include required documents

Step 3: Calculate Fees
- Check current fees at: www.uscis.gov/fees
- Fee waivers available for some forms (Form I-912)
- Most forms accept fee waiver: I-90, I-131, I-485, I-765, N-400

Step 4: Complete Forms
- Answer every question
- If not applicable, write "N/A"
- Don't leave blanks
- Be truthful - lies can result in permanent bars

Step 5: Submit Application
- Online filing available for some forms
- Check filing location at: www.uscis.gov/forms (click on specific form)
- Keep copies of everything
- Use tracking method for mailed applications

After Filing

Receipt Notice:
- Receive Form I-797C
- Contains receipt number to track case
- Track at: egov.uscis.gov/casestatus

Biometrics Appointment:
- Fingerprints and photos
- Receive appointment notice
- Bring notice and ID
- Do not miss appointment

Interview (if required):
- Bring original documents
- Review your application
- Be truthful
- Bring interpreter if needed (some cases)

Decision:
- Approval, denial, or Request for Evidence (RFE)
- If RFE, respond by deadline with requested information

UNDERSTANDING YOUR STATUS

Lawful Permanent Resident (Green Card)

Rights:
- Live and work permanently in U.S.
- Travel internationally (with valid green card)
- Sponsor certain relatives
- Path to citizenship

Responsibilities:
- Maintain residence in U.S.
- File taxes
- Register for Selective Service (males 18-25)
- Carry green card at all times

Risks to Status:
- Extended absence from U.S. (over 1 year without reentry permit)
- Criminal convictions
- Fraud

Renewal:
- Green card valid 10 years (2 years for conditional)
- File I-90 to renew (file 6 months before expiration)

Conditional Permanent Residence

Who Has This:
- Married less than 2 years when green card approved
- Certain investors

Removing Conditions:
- File I-751 (marriage) or I-829 (investor)
- File in 90-day window before card expires
- If divorced, can file waiver

Nonimmigrant Status

Common Categories:
- F-1: Students
- H-1B: Specialty workers
- L-1: Intracompany transferees
- B-1/B-2: Visitors
- O-1: Extraordinary ability

Key Points:
- Must maintain status
- Cannot work without authorization
- Status has expiration date
- Overstaying has serious consequences

WHAT TO DO IF YOU RECEIVE A NOTICE

Notice to Appear (NTA)

An NTA means removal (deportation) proceedings have begun.

What to Do:
1. Do NOT ignore it
2. Get an immigration attorney immediately
3. Attend all court hearings
4. Failure to appear results in removal order

Request for Evidence (RFE)

USCIS needs more information about your application.

What to Do:
1. Read carefully what is requested
2. Note the deadline
3. Respond with all requested evidence
4. Send by deadline
5. Keep copies

Notice of Intent to Deny (NOID)

USCIS intends to deny your application.

What to Do:
1. You have opportunity to respond
2. Note the deadline
3. Address each issue raised
4. Submit additional evidence
5. Consider consulting attorney

Denial Notice

Your application was denied.

What to Do:
1. Read reasons for denial
2. Check appeal rights
3. Note deadline for appeal or motion
4. Consider consulting attorney
5. Options may include appeal, motion to reopen/reconsider, or new application

IMPORTANT CONCEPTS

Public Charge

Some applicants must show they won't become a "public charge" (dependent on government benefits).

Factors Considered:
- Age
- Health
- Education and skills
- Family status
- Assets and income
- Affidavit of support (if required)

Affidavit of Support (I-864)

Required for most family-based immigrants:
- Sponsor must meet income requirements (125% of poverty guidelines)
- Legally binding contract
- Sponsor responsible until immigrant works 40 quarters or becomes citizen

Grounds of Inadmissibility

Certain things can make you inadmissible (cannot enter or get green card):
- Criminal history
- Immigration violations
- Security concerns
- Public charge
- Health-related grounds
- Prior deportation

Waivers may be available for some grounds.

Unlawful Presence Bars

If you were in U.S. without authorization:
- 180 days to 1 year = 3-year bar from reentry
- 1 year or more = 10-year bar from reentry

Waiver may be available if you have qualifying relative.

DOCUMENT CHECKLIST

Documents to Keep Safe

☐ Passport (valid at all times)
☐ Visa (if applicable)
☐ I-94 record (download at: i94.cbp.dhs.gov)
☐ Green card (if LPR)
☐ Employment Authorization Document (if applicable)
☐ Travel document (if applicable)
☐ All USCIS receipt notices
☐ All USCIS approval notices
☐ Birth certificate
☐ Marriage certificate (if applicable)
☐ Divorce decrees (if applicable)
☐ Tax returns (last 3 years)
☐ Evidence of immigration history

Keep Copies

• Make copies of everything before submitting
• Keep copies in a safe place
• Consider digital backup

USCIS CONTACT INFORMATION

Online:
- Website: www.uscis.gov
- Case Status: egov.uscis.gov/casestatus
- Ask Emma (virtual assistant): www.uscis.gov

Phone:
- National Customer Service Center: 1-800-375-5283
- TTY: 1-800-767-1833
- Hours: Monday-Friday, 8 AM - 8 PM Eastern

In Person:
- Make appointment at: my.uscis.gov/appointment
- Find office at: www.uscis.gov/about-us/find-a-uscis-office

COMMON MISTAKES TO AVOID

☐ Using outdated forms (always download from uscis.gov)
☐ Not reading instructions
☐ Missing filing deadlines
☐ Leaving questions blank (use "N/A")
☐ Not making copies before mailing
☐ Not including required evidence
☐ Incorrect fee amount
☐ Not signing forms
☐ Lying or misrepresenting information
☐ Missing appointments (biometrics, interviews)
☐ Using notarios or unlicensed practitioners
☐ Not reporting address change (use AR-11 form)

FREE AND LOW-COST LEGAL RESOURCES

DOJ-Accredited Organizations

Find at: www.justice.gov/eoir/recognized-organizations-and-accredited-representatives-roster-state-and-city

Catholic Charities Immigration Services

www.catholiccharitiesusa.org

CLINIC (Catholic Legal Immigration Network)

www.cliniclegal.org/find-legal-help

Immigration Advocates Network

www.immigrationadvocates.org/nonprofit/legaldirectory

AILA Lawyer Referral

www.ailalawyer.com

TRACKING YOUR CASE

Application Information

Form filed: [________________________________]
Filing date: [__/__/____]
Receipt number: [________________________________]
Service center: [________________________________]

Timeline

Important Deadlines

SOURCES AND REFERENCES

• USCIS: www.uscis.gov
• USCIS Forms: www.uscis.gov/forms
• Case Status: egov.uscis.gov/casestatus
• Immigration Court: www.justice.gov/eoir
• DOJ Accredited Representatives: www.justice.gov/eoir
• Immigration and Nationality Act: uscode.house.gov/view.xhtml?path=/prelim@title8&edition=prelim

This guide is for general informational purposes only and is NOT legal advice. Immigration law is extremely complex with serious consequences for errors. STRONGLY consider consulting with a licensed immigration attorney or DOJ-accredited representative before filing any immigration application. Never pay unlicensed individuals (notarios) for immigration help.