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Use the topics below for practical information about working with Sumner Immigration Law. Select a topic to read the guidance directly on this page.
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Once your case is filed, our office closely monitors the case status until it is approved. We receive notices in the mail and through USCIS's online case status system and will update you in an appropriate time frame.
If your case requires any additional follow up, our office will place up to two (2) service requests to inquire about your case status. Any additional request or further intervention beyond this will be billed at our hourly rates.
We kindly ask that you refrain from contacting the government directly unless we specifically request you do so. It is vital to have a streamlined case contact for your case, along with the high level of recordkeeping required when contacting the government for an update.
Our office aims to complete petitions within 2 months of initiating the case. Once we receive all necessary client documents, administrative processing on our end can range from 2 to 6 weeks, depending on how quickly we receive everything from the client (you). That includes gathering all the documentation, drafting and signing forms.
If there is an extended delay on your part and the case has been pending with us for more than 2 months, we reserve the right to terminate your case or assess additional late fees. Should your case be terminated any unearned legal fee will be refunded pursuant to the terms of your engagement agreement.
Additionally, if there is such an extended delay on your part that we must rush file your case within 2 weeks of the filing deadline, there will be a late fee assessed pursuant to the terms of your engagement agreement.
It is critical to keep our office updated of your current address. Please notify our office as soon as you move and/or know your new address. Do not wait until 2 or 3 weeks later. It is especially important to notify us so we can make sure USCIS is timely informed as well.
Regulations state you must notify USCIS within 10 days of your move until you become a US citizen. Failure to move without notifying us or USCIS of your new address may result in not receiving important notices from USCIS including your work permit, interview notice, green card, etc.
If you happen to move before your interview date, we strongly recommend that you notify USCIS of your new address as soon as possible and have them reschedule the interview to the new local office (if you move out of state). We do not recommend not telling USCIS to avoid delaying the interview.
A willful failure to give written notice to USCIS of a change of address within 10 days of moving to the new address is a misdemeanor crime. If convicted, you (or parent or legal guardian of an alien under age 14 who is required to give notice) can be fined up to $200 or imprisoned up to 30 days, or both. The alien may also be subject to removal from the United States. (INA § 266(b)).
Compliance with the requirement to notify USCIS of any address changes is also a condition of your stay in the United States. Failure to comply could also jeopardize your ability to obtain a future visa or other immigration benefit.
If you notify our office in an untimely manner of your new address and the forms have already been drafted, there will be an additional fee to update the forms.
Due to confidentiality reasons, we can only speak to the clients about their case. We cannot give out any information to friends or family members, unless we have express written permission.
To streamline communication, we will only go through one point of contact if multiple friends/family members are authorized access, and you can choose to forward that information to whom you see fit.
Our office communicates mainly through email as that allows us to have a written record of any changes, issues, etc. We also find that is a more efficient method of communicating, since we don't have to both be available at the exact same time. With a phone call, we won't always have your file immediately on hand in order to effectively answer your questions. If there are changes to the forms, those need to be documented in email.
We make every effort to respond to emails within 1-2 business days. In practice it's often sooner (same day or next day, depending on the time the email was received) but we also don't want to set unrealistic expectations.
When you send an email, make sure you copy both the attorney and paralegal working on your case. We work together as a team, and this will keep everyone in the loop and ensure a faster response to you. The paralegal can typically respond faster to administrative questions, but only the attorney can answer legal questions.
Phone calls will interrupt our productivity, especially if we have to reiterate information previously sent to you in an email. We only have 8 hours in a work day and want to maximize those hours as much as we can working on your petition. There is also no need to telephone us soon after sending an email. Please understand that we did receive your email and are diligently working on your case to supply an answer.
If you have more complex legal questions, sometimes it's more efficient to speak by phone. Typically for phone calls we ask that you set a mutually convenient time to speak with the attorney for a 15-20 min slot so that we're sure to have adequate time to address your questions. We reserve those slots throughout the week for quick client calls.
Our office primarily communicates via email. The questionnaires for your case will be sent electronically for you to complete and submit online. We'll then get an email notification once they've been completed.
If you choose to communicate with our office and complete questionnaires via snail mail, there will be an additional legal fee noted in your engagement agreement.
Via email in a compressed zipped file or uploaded to a Dropbox folder is the best way to send us documents. We find these approaches are more successful than sending a few documents at a time over a span of numerous emails. This will allow us to keep better track of your supporting documents and minimize searching for that one email with that one document.
Alternatively, you can mail the documents to our office or set up a time to drop them off. If you choose this option, please don't use staples. Paperclips are preferred.
If you have specific questions about those documents, please email us the questions ahead of time. This will allow us to assist you quickly and make sure that any legal questions you may have are addressed.
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All documents not in English must be accompanied by a translation. If you need any document translated, you can do it yourself, have a fluent friend or family member do it, or hire a translation agency. Park Evaluations is who we have used for translations before: www.parkeval.com. An estimated cost for a birth certificate translation, for example, is approximately $130.
If you do the translation yourself, please include the following language with the translation (either on a separate page or at the bottom of the translation page if it fits):
I [typed name], certify that I am fluent (conversant) in the English and ________ languages, and that the above/attached document is an accurate translation of the document attached entitled ________________________________.
Signature_________________________________
Date
Typed Name
Address
During your adjustment of status process, you may start thinking about how to obtain a social security number and driver's license, which are critical documents that will make other aspects of your life easier, such as opening a bank account, applying for a residential lease, etc.
You can read more about how to obtain these documents. USCIS now also allows for you to mark on the forms that you'd like a Social Security number assigned to you. The SS card would then be mailed to you in approximately 6-9 months.
The EAD card, commonly referred to as the work permit, allows a foreign national to start working in the US. The EAD is sometimes confused with the green card. The EAD is usually approved 6-9 months (subject to change) after filing the adjustment of status application. It allows the foreign national to work while their adjustment is pending with USCIS.
It is important to note that the foreign national cannot begin working until they physically have the EAD card in hand.
Additionally, in some cases the green card is approved before the EAD. This is not cause for concern, as the green card trumps the EAD card because it proves you can both live and work in the US. If the green card is approved first, a denial for the EAD card may follow because the client already has the green card.
Filing fees are due before your case is filed and should be made payable to the US Department of Homeland Security. Filing fees can be personal checks, cashier's checks, or money orders.
Kindly understand that we cannot accept credit card payments to our office for us to write the checks on your behalf.
Please note that we're not able to obtain foreign documents for you, such as the birth certificate, police certificate, military records, etc. We will provide detailed information per the Department of State's website on how to obtain these documents, but our office is unable to obtain the documents for you.
Additionally, please also be aware that we cannot advise on exit requirements or other country-specific requirements not related to US immigration law, and there will be an additional fee for questions regarding that. Additional time spent on an issue not related to US immigration is not something that is part of the flat fee services that you pay for. Therefore, if you have questions via email or phone about the exit requirement/or other country-specific requirements not related to US immigration law, our hourly rate will apply.
We email forms to you for review and signature. USCIS accepts scanned copies of handwritten signatures; electronic signatures are different and should not be used unless our office specifically instructs you otherwise.
Please follow the instructions in the email accompanying your forms and return the signed forms to us in the manner requested.
The I-864 (Affidavit of Support) is a required part of the adjustment of status application, as well as consular processing (applying for the immigrant visa at a US consulate overseas). The purpose is to demonstrate that an intending immigrant has adequate means of financial support and is not likely to become a public charge. A public charge is someone who depends on the government for assistance with long-term care or income management.
The sponsor, meaning the US citizen or permanent resident submitting the affidavit on behalf of the foreign national, must show that he/she makes at least 125% of the poverty guidelines in order to support the foreign national. The sponsor's financial obligation will continue until the sponsored immigrant becomes a US citizen, can be credited with 40 qualifying quarters of work, departs the United States permanently, or dies. Divorce does not terminate the obligation.
By executing the Affidavit of Support form, the sponsor understands and agrees to support the intending immigrant and to reimburse any government agency or private entity that provides the intending immigrant with federal, state, or local means-tested public benefits.
In the event the sponsor does not meet 125% of the poverty guidelines, a joint sponsor can be used in addition to the sponsor, or you can use the intending immigrant's income if they meet the requirements. A joint sponsor would also fill out the I-864 and be held to the same requirements of the form.
In the case the US petitioner does not meet the Affidavit of Support requirements, you can use a joint sponsor who does.
A joint sponsor can be anyone — a friend, family member, neighbor, etc. They must be at least 18 years old, a US citizen or permanent resident, and must meet the income requirements.
If you'll need a joint sponsor for your case, please let our office know as soon as possible.
The purpose of submitting a medical exam with your adjustment application is to establish that you are not inadmissible to the US on public health grounds. A medical exam typically costs $200-$300, but can vary based on the physician you use.
You must use an approved civil surgeon for the medical exam. Please visit the USCIS civil surgeon finder to find a complete list of approved civil surgeons in your area. The civil surgeon can answer any questions you have about what the medical exam entails, what to bring, etc.
The medical exam will be valid for 2 years. You may choose to obtain this at the start of your case, or later. We can file the petition without the medical, but you will need to then submit it to USCIS later in the process, typically at your joint-interview. If you obtain the medical exam at the start of your case, regulations state we must file your I-130/I-485 petition within 60 days from the date the civil surgeon signs your exam.
The Advance Parole document, filed with the adjustment of status application and usually approved 6-9 months (subject to change) after filing, allows a foreign national to travel outside of the US.
It is important to note, however, that the foreign national cannot leave the US until they have the Advance Parole document in hand (there are certain exceptions for individuals on H-1B or L-1 status). Otherwise the I-485 application could be deemed abandoned and denied and they will not receive their green card.
Certain domestic travel (within the contiguous US) should not pose a problem. If you are planning any travel outside the US, we kindly ask that you notify our office beforehand so we can make sure it won't negatively impact your filing.
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Once your petition has been filed and we're no longer in touch on a weekly basis, our office aims to provide quarterly case status updates. We typically send case updates every 3 months (January, April, July, October) with the most recent processing times and when you can expect to hear from us next.
We'll also of course be in touch whenever we receive an update on your case (work permit approval, interview notice, etc.).
Obtaining your green card (permanent residence) and obtaining US citizenship are two different things that people sometimes confuse as the same thing. Having a green card (permanent residence) allows you to live and work in the US while maintaining your foreign country's citizenship and passport.
The green card will be valid for 10 years, and you must apply to renew it before it expires (unless you have already become a US citizen). If you have conditional residence, your green card will be valid for two years, and you must file the I-751 petition to remove the conditions within the 90-day window before the green card expires.
When you become a US citizen you no longer have a green card, but a certificate of naturalization, which does not require any renewal. You are also now eligible for a US passport and the eligibility to vote, along with other rights US citizens are privy to. You may choose to apply to become a US citizen once you have been a permanent resident for at least 5 years (3 years if married to a US citizen) by filing Form N-400.
If you received permanent residence status based on marriage to a US citizen and you have been married for less than two years when you receive residence status, you will have conditional residence, not permanent residence.
Conditional residence is granted for a period of 2 years, while permanent residence is valid for 10 years. This means that within 90 days of the two-year anniversary of receiving the green card, you will need to apply to have the conditions removed.
You do this by filing Form I-751 with USCIS, with the required fee and documentation. If you do not file to remove the conditions, your residence status could end.
Part of our services covered by the legal fee involves our office following up with the government on your behalf.
We ask that you do not contact USCIS yourself, especially after we have already been in touch with them. There is specific information the USCIS officer will need readily available when you contact them that you may not have, and having our office be the only point of contact for USCIS streamlines this communication.
The joint-interview with USCIS is another step in the process to determine if your marriage is a bona-fide relationship. Clients usually receive the interview notice within 6-9 months of filing.
Before the interview, you'll have a prep session with the attorney that covers what to expect, what questions may be asked, how to dress, what to bring, etc. We will send you a copy of your petition to review and be familiar with before your interview.
We provide our clients with the best estimated processing times for all stages based on our recent experience and do everything we can to expedite that process.
However, please keep in mind that case processing times are subject to change without notice. Kindly understand we can never make any guarantees and case processing times across the board are taking longer now than before. We cannot control the government or how fast it processes cases, so we'd appreciate your patience and understanding.
If your case receives a Request for Evidence (RFE), please wait while our office reviews the notice before taking action.
We will determine what USCIS is requesting and let you know what, if anything, we need from you. In many cases, we can prepare the response with little or no additional information from you.
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