Q: What happened to the INS?

A: The Immigration and Naturalization Service, formerly known as the "INS" has been eliminated by the Homeland Security Act in November 2002 and has been restructured into three separate agencies under the Department of Homeland Security: Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), and Citizenship and Immigration Services (CIS).

Q: Can my attorney's office call a BCIS Service Center regarding my case? Can my attorney get the BCIS to expedite my case?

A: We are no longer permitted to call a Service Center and speak directly with an officer regarding your case. All inquiries are now handled through the government's National Customer Service Center. Prior to the expiration of the processing time indicated on your receipt notice, there is very little we can do to assist you with any useful information. To check the status of your case within normal processing times, refer to the government's online case tracking system at https://egov.immigration.gov/cris/jsps/index.jsp.

Q: I heard that if I contact my Senator, they can get the CIS to expedite my case - is this true?

A: Your senator cannot usually intervene to expedite your case. If significantly more time than the estimated processing time listed on your notice of receipt has lapsed or if there is an unusual problem in processing, a Senator may be able to make an inquiry regarding the status of your case if there is a compelling reason to do so, but he/she cannot influence the outcome of your case.

Q: How can I get my case expedited?

A: The government will grant requests to expedite cases only under very limited circumstances. When the immigration benefit is urgently needed in a time frame that is less than the normal processing time and the need for expedited processing was not the fault of the applicant or petitioner (e.g., the filing was made late), or when there is a great humanitarian basis to consider, the government will consider requests for expeditious handling. Under all other circumstances, requests to expedite will not be considered and may even delay processing. Please note that the arrival of an alien's six-year limit in H-1B status is not a basis for seeking expedited adjudication of an I-140. Nonimmigrant worker filings (I-129) can be expedited through the use of the CIS's Premium Processing service, which requires the filing of an additional form and an additional $1,000 fee. Initial processing is guaranteed within 15 calendar days under this system.

Q: Why is it taking longer than the processing time listed on my notice of receipt to process my case?

A: The processing times indicated by the CIS on your notice of receipt are estimated processing times only. They do not guarantee that your case will be adjudicated by a certain date and they are subject to change by the CIS at any time without notice. Only I-765 applications for employment authorization documents have a set time for processing (90 days).

Q: My friend's case is progressing more quickly than mine-Why?

A: It is not generally useful to compare the progress of your case with that of a friend's case. Various factors influence the rate of progression of a case, including cooperation of all parties (employer and alien) in getting information and documents turned around quickly, and (most importantly) changing government processing times (as well as changing agency interpretations of laws, regulations, and policies). Remember that processing times with the CIS and other agencies frequently change quickly, drastically, and without warning.

Q: If I marry a permanent resident, can I stay in the United States while my spouse's petition on my behalf is pending?

A: No. Your permanent resident spouse's filing of a Petition for Alien Relative does not preserve your status in the U.S. You must maintain some other immigration status in order to remain in the U.S. lawfully for the several years it may take for a visa to be available under this family category.

Q: If I marry a U.S. citizen, do I automatically obtain permanent resident or U.S. citizen status?

A: No. After you marry a U.S. citizen, your spouse must file a Petition for Alien Relative and you must make an application for adjustment of status in order for you to be granted permanent residency status. There is no automatic status given to a spouse of a U.S. citizen.

Q: Am I required to let the government know when I move? How long does that obligation last and how do I do that?

A: Yes. Until you become a citizen of the U.S., you must always inform the government of address changes in writing within 10 days of the change. You can use form AR-11 for this purpose, which is downloadable off of the CIS web site at https://egov.uscis.gov/crisgwi/go?action=coa with instructions. File a separate Form AR-11 for each family member moving with you. Don't forget that you must separately inform the CIS by calling the National Customer Service Center if you have a pending case. You should also notify your attorney of any address change.

Q: Do I need to carry my immigration papers with me at all times?

A: Yes. Foreign nationals 18 and older are required by law to carry evidence of status with them at all times, even within the U.S.

Q: I am nervous to travel. How am I impacted by the events of September 11 and the resulting war on terrorism?

A: Please contact an immigration attorney prior to making travel arrangements. Increased security measures at border posts and consulates abroad have made travel more complicated and frequent changes to policy may make information you have quickly outdated.

Q: What is the difference between a nonimmigrant and an immigrant?

A: A nonimmigrant enters the United States for a temporary period of time and is restricted to the activity consistent with their nonimmigrant visa. A nonimmigrant must demonstrate that their stay in the US is temporary and that they have the requisite intent to depart the United States at the expiration of their authorized stay. An immigrant enters the United States with the intent to remain permanently. Immigrant status is the same thing as "lawful permanent resident status" or "green card status."

Q: What are the ways to obtain lawful permanent resident status (green card)?

A: There are two basic ways a foreign national may obtain status as a lawful permanent resident (green card): (1) through a qualifying family member or (2) through an offer of employment. Green cards are also available for certain qualifying refugees and for those selected in the diversity visa (lottery) program.

Q: Exactly what is meant by residency through an offer of employment?

A: An employer may serve as a sponsor for the green card. There are five separate categories in which a foreign national may qualify, including (1) Priority workers; (2) Individuals with advanced college degrees; (3) Individuals considered to be skilled workers; (4) Religious workers; and (5) investors.