Immigration Checklist: What our law office generally recommends

Franchesco Fickey Martinez • June 10, 2024

Documents! Documents! Documents!


US Immigration Filings REQUIRE documentation to establish eligibility and confirm the information provided and what resulted in a background check. Without documents, nothing is believed. Without documents, an immigration filing can be Rejected, RFE-ed/Delayed, or Denied.


This post will break the Immigration Process down into 3 main time periods: Filings generally before a Green Card, Filings to get a Green Card, and what comes after a Green Card is in hand.


Below please find numerous recommended Checklist:

Prior to Green Card or other filings:

  • DACA Renewal or Other EAD Checklist

    1. Your 2in x 2in – Passport-Styled Photo
    2. [ID] US Driver’s License or State ID
    3. [ID] Your Valid and Unexpired Foreign Passport
    4. [ID] Any US Visas, if any
    5. [ID] I-94 Lawful Entry Record, if any
    6. [ID] Any past Employment Authorization Cards (EAD Cards)
    7. [ID] Your Military Dependent ID, if any
    8. [Name] Your Birth Certificate [ Our Guidance on Many Frequent Foreign Birth Certificates can be found here: www.fickeymartinezlaw.com/immigration/our-guidance-on-many-frequent-foreign-birth-certificates/ ]
    9. [Name] Translation of Foreign Birth Certificate, if not in English (recommend Military One Source or Montesino Translation )
    10. [Name] Your Name Change Court Record
    11. [Name] Any US Social Security Cards
    12. [Civil Status] Your Current Marriage Certificate, if any
    13. [Civil Status] Your Divorce Decrees, if any
    14. [Civil Status] Your Death Certificates of Prior Spouses, if terminated Marriage
    15. [Criminal Screening] Any Court Records or Police Records for any crimes by the Immigrating Spouse, Minor Child, or Parent, regardless of the crime being dismissed, expunged, and sealed
    16. Beneficiary’s Court Records, if any
    17. Beneficiary’s Police Records, if any
    18. Beneficiary’s Prison Records, if any
    19. Beneficiary’s FBI Record Search, if unknown how many crimes have occurred
    20. Any Deportation Court Records
    21. [Employment] Your 1040 Tax Returns for the most recent years
    22. [Employment] Your W-2/1099 for most recent tax year

  • Military PIP Checklist

    1. Service Member or Veteran’s 2in x 2in – Passport-Styled Photo
    2. Your Spouse, Minor Child, or Parent’s 2in x 2in – Passport-Styled Photo
    3. Your Spouse, Minor Child, or Parent’s Valid and Unexpired Foreign Passport
    4. All Birth Certificates (Mandatory)
    5. Translation of Foreign Birth Certificate, if not in English (recommend Military One Source or Montesino Translation ) Our Guidance on Many Frequent Foreign Birth Certificates can be found here: www.fickeymartinezlaw.com/immigration/our-guidance-on-many-frequent-foreign-birth-certificates/
    6. Service Member or Veteran’s Current Marriage Certificate, if any
    7. (If filing for a Parent) Parent’s Current Marriage Certificate, if any
    8. Service Member or Veteran’s Divorce Decrees, if any
    9. (If filing for a Parent) Parent’s Divorce Decrees, if any
    10. Service Member or Veteran’s Death Certificates of Prior Spouses, if terminated Marriage
    11. (If filing for a Parent) Parent’s Death Certificates of Prior Spouses, if terminated Marriage
    12. Any Court Records or Police Records for any crimes by the Immigrating Spouse, Minor Child, or Parent, regardless of the crime being dismissed, expunged, and sealed
    13. -- Beneficiary’s Court Records, if any
    14. -- Beneficiary’s Police Records, if any
    15. -- Beneficiary’s Prison Records, if any
    16. -- Beneficiary’s FBI Record Search, if unknown how many crimes have occurred
    17. Any Deportation Court Records
    18. Service Member or Veteran’s Naturalization Certificate, if any
    19. Service Member or Veteran’s US Passport, if any
    20. Any US Social Security Cards
    21. Any US Visas, if any
    22. I-94 Lawful Entry Record, if any
    23. Foreign Military Records, if any
    24. Any previously Provided Employment Authorization Cards (EAD Cards)
    25. Any I-9 Form (If you ever worked illegally or without authorization. If you have an Illegal employment history, notify the law firm immediately since this can cause a bar on eligibility and make you deportable)
    26. Service Member or Veteran’s Military ID, if any
    27. Any Military Dependent ID, if any
    28. Service Member’s Military Orders (i.e. NAVMC 118.3 Chronological Orders or SRB)
    29. Service Member’s RED Report or SGLI or DD-93 (Army)
    30. Service Member or Veteran’s – All DD-214
    31. Veteran’s VA Award Letter, if military disabled
    32. Service Member or Veteran’s 1040 Tax Returns for the most recent years
    33. Service Member or Veteran’s IRS Transcripts for the most recent years (Guidance Found Here: /immigration/how-to-request-your-irs-transcript-helpful-guide-to-acquire-this-commonly-requested-immigration-supporting-document/ )
    34. Service Member or Veteran’s W-2 and 1099 for most recent tax year (Mandatory)
    35. Service Member or Veteran’s LES/ Paystubs for the past 12 months (Mandatory)
    36. Veteran – If receiving VA Disability, Military Retirement, or any retirement, then please provide 12 months of Paystubs/Proof of Income and/or the statements of the Bank Account receiving the Direct Deposits

  • Military DA Checklist

    1. Service Member or Veteran’s 2in x 2in – Passport-Styled Photo
    2. Your Spouse, Minor Child, or Parent’s 2in x 2in – Passport-Styled Photo
    3. Your Spouse, Minor Child, or Parent’s Valid and Unexpired Foreign Passport
    4. All Birth Certificates (Mandatory)
    5. Translation of Foreign Birth Certificate, if not in English (recommend Military One Source or Montesino Translation ) Our Guidance on Many Frequent Foreign Birth Certificates can be found here: www.fickeymartinezlaw.com/immigration/our-guidance-on-many-frequent-foreign-birth-certificates/
    6. Service Member or Veteran’s Current Marriage Certificate, if any
    7. (If filing for a Parent) Parent’s Current Marriage Certificate, if any
    8. Service Member or Veteran’s Divorce Decrees, if any
    9. (If filing for a Parent) Parent’s Divorce Decrees, if any
    10. Service Member or Veteran’s Death Certificates of Prior Spouses, if terminated Marriage
    11. (If filing for a Parent) Parent’s Death Certificates of Prior Spouses, if terminated Marriage
    12. Any Court Records or Police Records for any crimes by the Immigrating Spouse, Minor Child, or Parent, regardless of the crime being dismissed, expunged, and sealed
    13. -- Beneficiary’s Court Records, if any
    14. -- Beneficiary’s Police Records, if any
    15. -- Beneficiary’s Prison Records, if any
    16. -- Beneficiary’s FBI Record Search, if unknown how many crimes have occurred
    17. Any Deportation Court Records
    18. Service Member or Veteran’s Naturalization Certificate, if any
    19. Service Member or Veteran’s US Passport, if any
    20. Any US Social Security Cards
    21. Any US Visas, if any
    22. I-94 Lawful Entry Record, if any
    23. Foreign Military Records, if any
    24. Any previously Provided Employment Authorization Cards (EAD Cards)
    25. Any I-9 Form (If you ever worked illegally or without authorization. If you have an Illegal employment history, notify the law firm immediately since this can cause a bar on eligibility and make you deportable)
    26. Service Member or Veteran’s Military ID, if any
    27. Any Military Dependent ID, if any
    28. Service Member’s Military Orders (i.e. NAVMC 118.3 Chronological Orders or SRB)
    29. Service Member’s RED Report or SGLI or DD-93 (Army)
    30. Service Member or Veteran’s – All DD-214
    31. Veteran’s VA Award Letter, if military disabled
    32. Service Member or Veteran’s 1040 Tax Returns for the most recent years
    33. Service Member or Veteran’s IRS Transcripts for the most recent years (Guidance Found Here: www.fickeymartinezlaw.com/immigration/how-to-request-your-irs-transcript-helpful-guide-to-acquire-this-commonly-requested-immigration-supporting-document/ )
    34. Service Member or Veteran’s W-2 and 1099 for most recent tax year (Mandatory)
    35. Service Member or Veteran’s LES/ Paystubs for the past 12 months (Mandatory)
    36. Veteran – If receiving VA Disability, Military Retirement, or any retirement, then please provide 12 months of Paystubs/Proof of Income and/or the statements of the Bank Account receiving the Direct Deposits

  • Military IMMVI Checklist

    A little more information on IMMVI can be found here: 


    www.fickeymartinezlaw.com/immigration/2022-military-immigration-option-immigrant-military-members-and-veterans-initiative-immvi/


    NOTE: IF HIRING OUR OFFICE, IT IS RECOMMENDED TO HAVE ALL OF THE FOLLOWING DOCUMENTS ON HAND AND ABLE TO PROVIDE IT TO OUR OFFICE WITHIN 24 HOURS OF HIRING. FILINGS WITH ALL DOCUMENTS PROVIDED CAN BE SUBMITTED WITHIN 3-7 BUSINESS DAYS (PAYMENT CLEARING IS A BIG FACTOR).


    Every supporting documents plays a roll in the IMMVI Filing. Any Foreign Document not in English MUST be Translated to English. Our Office recommends Military One Source or Montesino Translation.


    Documents are segregated by their intended purpose.


    Passport-Style Photos: [NOTE: Passport-Style Photos are selfies with a white background, no hat, no glasses, hair behind the ear, and matching the following US Government Guidance: https://travel.state.gov/content/travel/en/passports/how-apply/photos.html ]


    Service Member or Veteran’s 2in x 2in – Passport-Styled Photo [MANDATORY]

    Your Spouse Minor Child’s 2in x 2in – Passport-Styled Photo [MANDATORY]

    Identification Cards, and Proof of Name and Nationality:


    Your Spouse or Minor Child’s Valid and Unexpired Foreign Passport [MANDATORY]

    All Birth Certificates [MANDATORY]

    Translation of Foreign Birth Certificate, if not in English (recommend Military One Source or Montesino Translation ) [MANDATORY]

    Our Guidance on Many Frequent Foreign Birth Certificates can be found here: /immigration/our-guidance-on-many-frequent-foreign-birth-certificates/

    Any Proof of Legal Name Change [MANDATORY]

    Service Member or Veteran’s Naturalization Certificate, if any [MANDATORY]

    Service Member or Veteran’s US Passport, if any [MANDATORY]

    Any US Social Security Cards

    Any US IDs (e.g. State ID, Driver’s License, etc.)

    Any US Visas, if any

    I-94 Lawful Entry Record, if any

    Any Previously Provided Employment Authorization Cards (EAD Cards)

    Any I-9 Form (If you ever worked illegally or without authorization. If you have an Illegal employment history, notify the law firm immediately since this can cause a bar on eligibility and make you deportable)

    Civil Status [MANDATORY]: If a prior Marriage ever existed, the marriage to the prior spouse MUST have a divorce decree, annulment decree, or death certificate. If currently married with prior marriages, the ONLY way the current marriage can be recognized is by PROVING each and every prior marriage is “terminated.”


    Service Member or Veteran’s Current Marriage Certificate, if any [MANDATORY]

    Service Member or Veteran’s Divorce Decrees, if any [MANDATORY]

    Service Member or Veteran’s Death Certificates of Prior Spouses, if terminated Marriage [MANDATORY]

    Beneficiary’s Divorce Decree(s), if any [MANDATORY]

    Beneficiary’s Death Certificates of Prior Spouses, if terminated Marriage [MANDATORY]

    Criminal Check:


    Police Clearance for EVERY COUNTRY ever lived in for more than 6 months AFTER THE AGE OF 16: Immigration Guidance found here: https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html [Note: if the police certificate is not in English, it should be translated to English: Military One Source or Montesino Translation ] Note: No Police Record Certificate Requests can take a few weeks or months, depending on country, and such certificates CAN BE TAKEN TO THE CONSULATE/EMBASSY.

    Any Court Records or Police Records for any crimes by the Immigrating Spouse, Minor Child, or Parent, regardless of the crime being dismissed, expunged, and sealed [MANDATORY if Criminal History]

    Beneficiary’s Court Records, if any

    Beneficiary’s Police Records, if any

    Beneficiary’s Prison Records, if any

    Beneficiary’s FBI Record Search and/or Fingerprint Card [MANDATORY IF BENEFICIARY HAS EVER BEEN IN THE US ILLEGALY]

    Any Deportation Court Records [MANDATORY if deported or ever in deportation court]

    Military Records:


    Service Member or Veteran’s Military ID, if any [MANDATORY]

    Any Military Dependent ID, if any [MANDATORY]

    Service Member’s Military Orders (i.e. NAVMC 118.3 Chronological Orders or SRB) [MANDATORY]

    Service Member’s RED Report or SGLI or DD-93 (Army)

    Service Member or Veteran’s – All DD-214 [MANDATORY]

    Foreign Military Records, if any (uncommon, but possible for Naturalized Service Member from Mandatory Conscription Countries)

    Financial Records for I-134:


    Service Member or Veteran’s 1040 Tax Returns for the most recent years. If you haven’t filed your 1040 for the most recent year, then see the next item. [MANDATORY]

    Service Member or Veteran’s IRS Transcripts for the most recent years (Guidance Found Here: /immigration/how-to-request-your-irs-transcript-helpful-guide-to-acquire-this-commonly-requested-immigration-supporting-document/ ) If you haven’t filed your 1040, the IRS will have a Record of “non-filing” for the past 4 years available for download. [MANDATORY]

    Service Member or Veteran’s W-2 and 1099 for most recent tax year (Mandatory) [MANDATORY]

    Service Member or Veteran’s LES/ Paystubs for the past 12 months (Mandatory) [MANDATORY]

    VA Records for “Urgent Humanitarian” or “Significant Public Interest” Requirement [MANDATORY]:


    If Disabled Veteran, VA Disability (monthly) Award Letter. Electronic Copy located at: https://eauth.va.gov/accessva/?cspSelectFor=ebenefits [MANDATORY]

    If Disabled Veteran, VA disability rating letter or screenshot of rating located at: https://eauth.va.gov/accessva/?cspSelectFor=ebenefits [MANDATORY]

    If Disabled Veteran, VA medical records download it from: https://www.va.gov/health-care/get-medical-records/ [MANDATORY]

    If Veteran receiving VA Disability and/or Military Retirement , then please provide 12 months of Paystubs/Proof of Income and/or the statements of the Bank Account receiving the Direct Deposits [MANDATORY]

    If veteran with other (non-VA) medical-related issues, medical record from civilian doctor and a letter from the doctor’s office summarizing medical issues [MANDATORY]

    Note: VA Records are used to establish proof for the “Urgent Humanitarian” or “Significant Public Interest” Requirement. More Information can be seen here: /immigration/immvi/immvi-how-to-prove-urgent-humanitarian-reason-or-significant-public-benefit/ [MANDATORY]

    [MANDATORY]  Items are items that are required in order to submit the IMMVI Request. You CANNOT submit now and send later. Failure to provide Mandatory Items leads to Rejection (Delay), Denial (Loss of Money and Delay), or Request for the items by USCIS (Delay).

  • Colombian J1 NOS Checklist

    1. Birth Certificates for the J1, any children, and spouse [ Note: If  Colombian , Birth Certificate MUST be Front and Back, from the Civil Registry. More Guidance found here:  https://www.fickeymartinezlaw.com/immigration/consular-processing/us-immigration-requirements- colombia -birth-marriage-divorce-and-police-certificates/ ]
    2. Translation of Foreign Birth/Marriage/Divorce Certificates, if not in English (recommend Military One Source or Montesino Translation )
    3. Your Marriage Certificate, if married
    4. Your Divorce Certificate, if divorced
    5. Prior Spouse’s Death Certificate, if prior spouse died during marriage
    6. Any Foreign Passport
    7. Any US Visas
    8. Any US Passport
    9. Any US Driver’s License
    10. I-94 Lawful Entry Record (Found on CBP Website)
    11. ALL DS-2019 (for J1/J2)
    12. Any Cedula/Matricula Cards

  • Jamaican J1 NOS Checklist

    It is important to note that Jamaica requires all ID, Certificates, and Government documents sent to the Jamaican Government to be Notarized/Notarised True Copies. The following is a list of documents normally required:

    1. Updated Resume of the J1
    2. Birth Certificates for the J1, any children, and spouse
    3. Your Marriage Certificate, if married
    4. Any Foreign Passport
    5. J1 and J2 Visas
    6. Any US Passport
    7. I-94 Lawful Entry Record (Found on CBP Website)
    8. ALL DS-2019 (for J1/J2)
    9. TRN Card and/or Jamaican Driver's License

    The DOS may also request:


    1. Your Divorce Certificate, if divorced
    2. Prior Spouse’s Death Certificate, if prior spouse died during marriage
    3. Any US Driver’s License
    4. Any/All US Visas

  • Brazilian J1 NOS Checklist

    1. No Objection Statement or Repayment Confirmation letter for any Government or Organization Funds received with regards to receiving the J1 Visa
    2. Birth Certificates for the J1, any children, and spouse
    3. Translation of Foreign Birth/Marriage/Divorce Certificates, if not in English (recommend Military One Source or Montesino Translation )
    4. Your Marriage Certificate, if married
    5. Any Foreign Passport
    6. Any US Visas
    7. Any US Passport
    8. I-94 Lawful Entry Record (Found on CBP Website)
    9. ALL DS-2019 (for J1/J2)
    10. Any Cedula/Matricula Cards

    The DOS may also request:


    1. Your Divorce Certificate, if divorced
    2. Prior Spouse’s Death Certificate, if prior spouse died during marriage
    3. Any US Driver’s License
    4. Any/All US Visas

  • Costa Rican J1 NOS Checklist

    1. Birth Certificates for the J1, any children, and spouse
    2. Translation of Foreign Birth/Marriage/Divorce Certificates, if not in English (recommend Military One Source or Montesino Translation )
    3. Your Marriage Certificate, if married
    4. Your Divorce Certificate, if divorced
    5. Prior Spouse’s Death Certificate, if prior spouse died during marriage
    6. Any Foreign Passport
    7. Any US Visas
    8. Any US Passport
    9. Any US Driver’s License
    10. I-94 Lawful Entry Record (Found on CBP Website)
    11. ALL DS-2019 (for J1/J2)
    12. Any Cedula/Matricula Cards

  • Venezuelan J1 NOS Checklist

    1. Birth Certificates for the J1, any children, and spouse
    2. Translation of Foreign Birth/Marriage/Divorce Certificates, if not in English (recommend Military One Source or Montesino Translation )
    3. Your Marriage Certificate, if married
    4. Your Divorce Certificate, if divorced
    5. Prior Spouse’s Death Certificate, if prior spouse died during marriage
    6. Any Foreign Passport
    7. Any US Visas
    8. Any US Passport
    9. Any US Driver’s License
    10. I-94 Lawful Entry Record (Found on CBP Website)
    11. ALL DS-2019 (for J1/J2)
    12. Any Cedula/Matricula Cards

    Button

  • J1 Exceptional Hardship Checklist (Common for Philippines and Honduras)

    First, it may be beneficial to understand the Hardship Waiver more thoroughly, before reviewing the checklist: /immigration/the-j1-exceptional-hardship-waiver-form-i-612-brief-summary/


    1. [ID] US Driver’s License or State ID
    2. [ID] Your Valid and Unexpired Foreign Passport
    3. [ID] Any US Visas, if any
    4. [ID] I-94 Lawful Entry Record, if any
    5. [ID] Any past Employment Authorization Cards (EAD Cards)
    6. [ID] Your Spouse’s Miltary or VA ID, if any
    7. [ID] Your Military Dependent ID, if any
    8. [US Citizen Document]  Your Spouse’s US Passport, if any
    9. [US Citizen Document] Your Spouse’s Naturalization Certificate, if any
    10. [Name] Your Birth Certificate
    11. [Name] Translation of Foreign Birth Certificate, if not in English (recommend Military One Source or Montesino Translation ) Our Guidance on Many Frequent Foreign Birth Certificates can be found here: /immigration/our-guidance-on-many-frequent-foreign-birth-certificates/
    12. [Name] Your Name Change Court Record
    13. [Name] Any US Social Security Cards
    14. [Civil Status] Your Current Marriage Certificate, if any
    15. [Civil Status] Your Divorce Decrees, if any
    16. [Civil Status] Your Death Certificates of Prior Spouses, if terminated Marriage
    17. [Military] Service Member Military Orders (i.e. NAVMC 118.3 Chronological Orders or SRB)
    18. [Military] Service Member RED Report or SGLI or DD-93 (Army)
    19. [Military] Service Member or Veteran’s – All DD-214
    20. [Military] Veteran’s VA Award Letter, if military disabled
    21. [Financial] Your Spouse’s 1040 Tax Returns for the most recent years
    22. [Financial] Your Spouse’sIRS Transcripts for the most recent years (Guidance Found Here: /immigration/how-to-request-your-irs-transcript-helpful-guide-to-acquire-this-commonly-requested-immigration-supporting-document/ )
    23. [Financial] Your Spouse’s W-2 and 1099 for most recent tax year
    24. [Financial] Your Spouse’s LES/ Paystubs for the past 12 months 
    25. [Financial] Veteran – If receiving VA Disability, Military Retirement, or any retirement, then please provide 12 months of Paystubs/Proof of Income and/or the statements of the Bank Account receiving the Direct Deposits
    26. The Hardship will need to be explained and backed up by evidence. For instance, if pursuing a Medical-related or Psychological-related hardship, the Civilian or VA Hospital Records would be required.

  • I-129F K1 Fiance Petition

    1. [ID] US Driver’s License or State ID
    2. [ID] Your Valid and Unexpired Foreign Passport
    3. [ID] Any US Visas, if any
    4. [ID] I-94 Lawful Entry Record, if any
    5. [ID] Any past Employment Authorization Cards (EAD Cards)
    6. [ID] Your Spouse’s Miltary or VA ID, if any
    7. [US Citizen Document] US Passport (Mandatory IF physical meeting with Fiance occurred abroad)
    8. [US Citizen Document] Naturalization Certificate, if any
    9. [Name] Both Fiance Birth Certificates and any minor children that are using K2 Dependent Visa
    10. [Name] Translation of Foreign Birth Certificate, if not in English (recommend Military One Source or Montesino Translation ) - Our Guidance on Many Frequent Foreign Birth Certificates can be found here: www.fickeymartinezlaw.com/immigration/our-guidance-on-many-frequent-foreign-birth-certificates/
    11. [Name] Any Name Change Court Record
    12. [Name] Any US Social Security Cards
    13. [Civil Status] Divorce Decrees, if any
    14. [Civil Status] Death Certificates of Prior Spouses, if terminated Marriage
    15. [Filipino/a Civil Status] CENOMAR
    16. [Military] Service Member Military Orders (i.e. NAVMC 118.3 Chronological Orders or SRB)
    17. [Military] Service Member RED Report or SGLI or DD-93 (Army)
    18. [Military] Service Member or Veteran’s – All DD-214
    19. [Military] Veteran’s VA Award Letter, if military disabled
    20. Mandatory K1 Intent Letter for US Citizen
    21. Mandatory K1 Intent Letter for Foreign Fiance

    Template for K1 Intent Letter can be seen here: https://www.fickeymartinezlaw.com/immigration/k-1-fiance-visa/fiance-letter-of-intent-template



    Mandatory Relationship Proving Documents, a Guide can be seen here: https://www.fickeymartinezlaw.com/immigration/k-1-fiance-visa/i-129f-fiance-visa-how-to-prove-your-relationship-to-uscis

Filings to get a Green Card:

Adjustment of Status (AOS)

Category 1: Government Issued Documents

  1. [ID] US Driver’s License or State ID
  2. [ID] Your Valid and Unexpired Foreign Passport
  3. [ID] Any US Visas, if any
  4. [ID] I-94 Lawful Entry Record, if any
  5. [ID] Any past Employment Authorization Cards (EAD Cards)
  6. [ID] Your Spouse’s Miltary or VA ID, if any
  7. [ID] Your Military Dependent ID, if any
  8. [US Citizen Document]  Your Spouse’s US Passport, if any
  9. [US Citizen Document] Your Spouse’s Naturalization Certificate, if any
  10. [Name] Your Birth Certificate
  11. [Name] Translation of Foreign Birth Certificate, if not in English (recommend Military One Source or Montesino Translation )
  12. [Name] Your Name Change Court Record
  13. [Name] Any US Social Security Cards
  14. [Civil Status] Your Current Marriage Certificate, if any
  15. [Civil Status] Your Divorce Decrees, if any
  16. [Civil Status] Your Death Certificates of Prior Spouses, if terminated Marriage

Category 2: Bona Fide Evidence

If filing for a Minor Child or Parent, the following would be helpful to prove a continued relationship:

  1. 50 to 100 family photos
  2. vaccination records that name the parent or show the shared address
  3. school records that name the parent or show the shared address

However, for Marital Evidence, Spouses MUST provide as much as possible. Further guidance/ideas found here:

Category 3: Military Documents

  1. [Military] Service Member Military Orders (i.e. NAVMC 118.3 Chronological Orders or SRB)
  2. [Military] Service Member RED Report or SGLI or DD-93 (Army)
  3. [Military] Service Member or Veteran’s – All DD-214
  4. [Military] Veteran’s VA Award Letter, if military disabled

Category 4: Financial Documents

  1. US Citizen’s 1040 Tax Returns for the most recent years
  2. US Citizen’s IRS Transcripts for the most recent years (Guidance Found Here: www.fickeymartinezlaw.com/immigration/how-to-request-your-irs-transcript-helpful-guide-to-acquire-this-commonly-requested-immigration-supporting-document/ )
  3. US Citizen’s W-2 and 1099 for most recent tax year
  4. US Citizen’s LES/ Paystubs for the past 12 months
  5. US Citizen’s 1040 and IRS Tax Return Transcripts for the tax filing 2 years ago and 3 years ago

Further Guidance:

 Category 5: I-693 Immigration Medical

USCIS requires an I-693 Immigration Medical for any Green Card filing. Our recommendations can be seen here: www.fickeymartinezlaw.com/immigration/adjustment-of-status/local-uscis-doctor-in-eastern-north-carolina-our-recommendation/

Consular Processing

Step 1: Government Issued Documents and Relationship Proof:

  1. [ID] US Driver’s License or State ID
  2. [ID] Your Valid and Unexpired Foreign Passport
  3. [ID] Any US Visas, if any
  4. [ID] I-94 Lawful Entry Record, if any
  5. [ID] Any past Employment Authorization Cards (EAD Cards)
  6. [ID] Your Spouse’s Miltary or VA ID, if any
  7. [ID] Your Military Dependent ID, if any
  8. [US Citizen Document]  Your Spouse’s US Passport, if any
  9. [US Citizen Document] Your Spouse’s Naturalization Certificate, if any
  10. [Name] Your Birth Certificate
  11. [Name] Translation of Foreign Birth Certificate, if not in English (recommend Military One Source or Montesino Translation )
  12. [Name] Your Name Change Court Record
  13. [Name] Any US Social Security Cards
  14. [Civil Status] Your Current Marriage Certificate, if any
  15. [Civil Status] Your Divorce Decrees, if any
  16. [Civil Status] Your Death Certificates of Prior Spouses, if terminated Marriage
  17. [Military] Service Member Military Orders (i.e. NAVMC 118.3 Chronological Orders or SRB)
  18. [Military] Service Member RED Report or SGLI or DD-93 (Army)
  19. [Military] Service Member or Veteran’s – All DD-214
  20. [Military] Veteran’s VA Award Letter, if military disabled

If filing for a Minor Child or Parent, the following would be helpful to prove a continued relationship:

  1. 50 to 100 family photos
  2. vaccination records that name the parent or show the shared address
  3. school records that name the parent or show the shared address

However, for Marital Evidence, Spouses MUST provide as much as possible. Further guidance/ideas found here: www.fickeymartinezlaw.com/immigration/adjustment-of-status/joint-bona-fide-documents-how-to-start-meeting-the-uscis-i-130-evidence-requirement-for-a-marriage/

Step 2: Financial Docum ents, Police Certificates, and other Eligibility Items

  1. US Citizen’s 1040 Tax Returns for the most recent years
  2. US Citizen’s IRS Transcripts for the most recent years (Guidance Found Here: www.fickeymartinezlaw.com/immigration/how-to-request-your-irs-transcript-helpful-guide-to-acquire-this-commonly-requested-immigration-supporting-document/ )
  3. US Citizen’s W-2 and 1099 for most recent tax year
  4. US Citizen’s LES/ Paystubs for the past 12 months
  5. US Citizen’s 1040 and IRS Tax Return Transcripts for the tax filing 2 years ago and 3 years ago
  6. Police Certificates for every country the immigrant has ever resided in for more than 6 months after the age of 16. Guidance can be found here: https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html
  7. Foreign Military Records for the Immigrant
  8. Any Court Records for the Immigrant

Further Guidance:

After a Green Card is in hand:

  • I-751 Removal of Conditions

    The focus of any I-751 filing is Marital Evidence after receiving the Green Card. The following takes the highest priority in the I-751 Process:

    1. [Mandatory] FRONT AND BACK COPY OF THE GREEN CARD
    2. joint tax returns
    3. joint bills, such as electric, cell phone, water, etc.
    4. joint bank accounts, whether savings, checking, CDs or the like
    5. joint car insurance
    6. joint debt, such as home loans, car loans, or credit cards
    7. joint deeds to land or title to cars and trailers
    8. joint leases
    9. gym memberships
    10. photos together
    11. plane tickets for trips taken together
    12. wills, power of attorneys, advance directives, and life insurances (if they name the spouse as beneficiary)
    13. communication logs, such as Skype, Whatapp, Viber, calls, and texts
    14. baby’s Birth Certificate or Proof of Pregnancy, like an ultrasound or OBGYN Documents
    15. Amazon Order History for the past 2 years

    USCIS may also request:


    1. [ID] US Driver’s License or State ID
    2. [ID] Your Valid and Unexpired Foreign Passport
    3. [ID] Any US Visas, if any
    4. [ID] Your Spouse’s Miltary or VA ID, if any
    5. [ID] Your Military Dependent ID, if any
    6. [US Citizen Document]  Your Spouse’s US Passport, if any
    7. [US Citizen Document] Your Spouse’s Naturalization Certificate, if any
    8. [Name] Your Birth Certificate
    9. [Name] Translation of Foreign Birth Certificate, if not in English (recommend Military One Source or Montesino Translation )
    10. Our Guidance on Many Frequent Foreign Birth Certificates can be found here: www.fickeymartinezlaw.com/immigration/our-guidance-on-many-frequent-foreign-birth-certificates/
    11. [Name] Your Name Change Court Record
    12. [Name] Any US Social Security Cards
    13. [Civil Status] Your Current Marriage Certificate, if any
    14. [Civil Status] Your Divorce Decrees, if any
    15. [Civil Status] Your Death Certificates of Prior Spouses, if terminated Marriage
    16. [Military] Service Member Military Orders (i.e. NAVMC 118.3 Chronological Orders or SRB)
    17. [Military] Service Member RED Report or SGLI or DD-93 (Army)
    18. [Military] Service Member or Veteran’s – All DD-214
    19. [Military] Veteran’s VA Award Letter, if military disabled

  • N-400 Naturalization based on: 3 years of Marriage

    1. [Green Card] FRONT AND BACK COPY OF THE GREEN CARD
    2. [ID] US Driver’s License or State ID
    3. [ID] Your Valid and Unexpired Foreign Passport
    4. [ID] Any US Visas, if any
    5. [ID] Your Spouse’s Miltary or VA ID, if any
    6. [ID] Your Military Dependent ID, if any
    7. [US Citizen Document]  Your Spouse’s US Passport, if any
    8. [US Citizen Document] Your Spouse’s Naturalization Certificate, if any
    9. [Name] Your Birth Certificate
    10. [Name] Translation of Foreign Birth Certificate, if not in English (recommend Military One Source or Montesino Translation ) Our Guidance on Many Frequent Foreign Birth Certificates can be found here: www.fickeymartinezlaw.com/immigration/our-guidance-on-many-frequent-foreign-birth-certificates/
    11. [Name] Your Name Change Court Record
    12. [Name] Any US Social Security Cards
    13. [Civil Status] Your Current Marriage Certificate, if any
    14. [Civil Status] Your Divorce Decrees, if any
    15. [Civil Status] Your Death Certificates of Prior Spouses, if terminated Marriage
    16. [Civil Status] Your Spouse’s Previous Termination of Marriages (Divorce or Death Certificates)
    17. [Family Records] Birth Certificate of any children, if any
    18. [Family Records] Custody and Child Support Orders, if any
    19. [Tax History] The Past 3 Years of your Tax History (1040 Tax return Form or IRS Transcript)
    20. [Foreign Military] Your prior foreign military record, if prior foreign military
    21. [Marriage Proof] joint bills, such as electric, cell phone, water, etc.
    22. [Marriage Proof] joint bank accounts, whether savings, checking, CDs or the like
    23. [Marriage Proof] joint car insurance
    24. [Marriage Proof] joint debt, such as home loans, car loans, or credit cards
    25. [Marriage Proof] joint deeds to land or title to cars and trailers
    26. [Marriage Proof] joint leases
    27. [Marriage Proof] baby’s Birth Certificate or Proof of Pregnancy, like an ultrasound or OBGYN Documents
    28. [Marriage Proof] Amazon Order History for the past 2 years
    29. [Criminal Records]  Any Court Records or Police Records for any crimes, regardless of the crime being dismissed, expunged, and sealed
    30. -- Beneficiary’s Court Records, if any
    31. -- Beneficiary’s Police Records, if any
    32. -- Beneficiary’s Prison Records, if any
    33. -- Beneficiary’s FBI Record Search, if unknown how many crimes have occurred
    34. -- Any Deportation Court Records

  • N-400 Naturalization based on: 5 Years

    1. [Green Card] FRONT AND BACK COPY OF THE GREEN CARD
    2. [ID] US Driver’s License or State ID
    3. [ID] Your Valid and Unexpired Foreign Passport
    4. [ID] Any US Visas, if any
    5. [ID] Your Spouse’s Miltary or VA ID, if any
    6. [ID] Your Military Dependent ID, if any
    7. [US Citizen Document]  Your Spouse’s US Passport, if any
    8. [US Citizen Document] Your Spouse’s Naturalization Certificate, if any
    9. [Name] Your Birth Certificate
    10. [Name] Translation of Foreign Birth Certificate, if not in English (recommend Military One Source or Montesino Translation ) Our Guidance on Many Frequent Foreign Birth Certificates can be found here: www.fickeymartinezlaw.com/immigration/our-guidance-on-many-frequent-foreign-birth-certificates/
    11. [Name] Your Name Change Court Record
    12. [Name] Any US Social Security Cards
    13. [Civil Status] Your Current Marriage Certificate, if any
    14. [Civil Status] Your Divorce Decrees, if any
    15. [Civil Status] Your Death Certificates of Prior Spouses, if terminated Marriage
    16. [Civil Status] Your Spouse’s Previous Termination of Marriages (Divorce or Death Certificates)
    17. [Family Records] Birth Certificate of any children, if any
    18. [Family Records] Custody and Child Support Orders, if any
    19. [Tax History] The Past 5 Years of your Tax History (1040 Tax return Form or IRS Transcript)
    20. [Foreign Military] Your prior foreign military record, if prior foreign military
    21. [Criminal Records]  Any Court Records or Police Records for any crimes, regardless of the crime being dismissed, expunged, and sealed
    22. -- Beneficiary’s Court Records, if any
    23. -- Beneficiary’s Police Records, if any
    24. -- Beneficiary’s Prison Records, if any
    25. -- Beneficiary’s FBI Record Search, if unknown how many crimes have occurred
    26. -- Any Deportation Court Records

  • 319(b) Expedited N-400 Naturalization based on Spouse being Active Duty or DOD Contractor and stationed abroad for more than 1 year

    1. [Green Card] FRONT AND BACK COPY OF THE GREEN CARD
    2. [Military] Signed DD-1278
    3. [Military] Accompanying Orders abroad or Support Letter from DOD HR
    4. [Support] A few sentence letter from the Green Card Holder stating the plan to live abroad with the Active Duty or DOD Contractor Spouse
    5. [ID] US Driver’s License or State ID
    6. [ID] Your Valid and Unexpired Foreign Passport
    7. [ID] Any US Visas, if any
    8. [ID] Your Spouse’s Miltary or VA ID, if any
    9. [ID] Your Military Dependent ID, if any
    10. [US Citizen Document]  Your Spouse’s US Passport, if any
    11. [US Citizen Document] Your Spouse’s Naturalization Certificate, if any
    12. [Name] Your Birth Certificate
    13. [Name] Translation of Foreign Birth Certificate, if not in English (recommend Military One Source or Montesino Translation ) Our Guidance on Many Frequent Foreign Birth Certificates can be found here: www.fickeymartinezlaw.com/immigration/our-guidance-on-many-frequent-foreign-birth-certificates/
    14. [Name] Your Name Change Court Record
    15. [Name] Any US Social Security Cards
    16. [Civil Status] Your Current Marriage Certificate, if any
    17. [Civil Status] Your Divorce Decrees, if any
    18. [Civil Status] Your Death Certificates of Prior Spouses, if terminated Marriage
    19. [Civil Status] Your Spouse’s Previous Termination of Marriages (Divorce or Death Certificates)
    20. [Tax History] The Past 3 Years of your Tax History (1040 Tax return Form or IRS Transcript)
    21. [Foreign Military] Your prior foreign military record, if prior foreign military
    22. [Criminal Records]  Any Court Records or Police Records for any crimes, regardless of the crime being dismissed, expunged, and sealed
    23. -- Beneficiary’s Court Records, if any
    24. -- Beneficiary’s Police Records, if any
    25. -- Beneficiary’s Prison Records, if any
    26. -- Beneficiary’s FBI Record Search, if unknown how many crimes have occurred
    27. -- Any Deportation Court Records

  • Military N-400 Naturalization

    1. [Green Card] FRONT AND BACK COPY OF THE GREEN CARD
    2. [Military] Signed DD-1278
    3. [Military] Service Member Military Orders (i.e. NAVMC 118.3 Chronological Orders or SRB)
    4. [Military] Service Member RED Report or SGLI or DD-93 (Army)
    5. [Military] Service Member or Veteran’s – All DD-214
    6. [Military] Veteran’s VA Award Letter, if military disabled
    7. [ID] US Driver’s License or State ID
    8. [ID] Your Valid and Unexpired Foreign Passport
    9. [ID] Any US Visas, if any
    10. [ID] Your Spouse’s Miltary or VA ID, if any
    11. [ID] Your Military Dependent ID, if any
    12. [US Citizen Document]  Your Spouse’s US Passport, if any
    13. [US Citizen Document] Your Spouse’s Naturalization Certificate, if any
    14. [Name] Your Birth Certificate
    15. [Name] Translation of Foreign Birth Certificate, if not in English (recommend Military One Source or Montesino Translation ) Our Guidance on Many Frequent Foreign Birth Certificates can be found here: www.fickeymartinezlaw.com/immigration/our-guidance-on-many-frequent-foreign-birth-certificates/
    16. [Name] Your Name Change Court Record
    17. [Name] Any US Social Security Cards
    18. [Civil Status] Your Current Marriage Certificate, if any
    19. [Civil Status] Your Divorce Decrees, if any
    20. [Civil Status] Your Death Certificates of Prior Spouses, if terminated Marriage
    21. [Civil Status] Your Spouse’s Previous Termination of Marriages (Divorce or Death Certificates)
    22. [Tax History] The Past 5 Years of your Tax History (1040 Tax return Form or IRS Transcript)
    23. [Foreign Military] Your prior foreign military record, if prior foreign military
    24. [Criminal Records]  Any Court Records or Police Records for any crimes, regardless of the crime being dismissed, expunged, and sealed
    25. -- Beneficiary’s Court Records, if any
    26. -- Beneficiary’s Police Records, if any
    27. -- Beneficiary’s Prison Records, if any
    28. -- Beneficiary’s FBI Record Search, if unknown how many crimes have occurred
    29. -- Any Deportation Court Records

 

Disclaimer:  This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

Is Military Parole in Place (PIP or MPIP) available in 2025?

By Franchesco Fickey Martinez • July 11, 2025
This is a very common question in the current administration expressed by service members and veteran's alike that need immigration assistance in starting the legal process of making a Spouse, Parent, or Child legal in the US. The question our office hears on a weekly basis: Is Military Parole in Place still available in 2025? Are MPIP I-131 filings being approved in 2025? Does USCIS still accept Parole-in-Place filings in 2025? The question can be asked a few different ways. The answer is the same: Yes. Military PIP is still available for spouses, parents, children, and step-children of service members (both active and reserve) and veterans who served honorably. There is heightened scrutiny with most immigration filings in 2025, meaning background checks may take longer, discrepancies in past immigration filings and public records are being discovered by USCIS, and USCIS is more critical on past criminal records. However, it is still available! Our law Firm's experience and costs for Military PIP can be found here: https://www.fickeymartinezlaw.com/practice-areas/military-parole-in-place More Parole In Place (PIP) Blog Posts: Our Law Firm has written numerous blog posts to aid in the Immigration Process. Our Blogs relating to the Military Parole in Place Process have received substantial attention across the nation as many Service Members and their Families consider pursuing this Immigration Process. Some of our popular blog posts are listed below: Parole in Place: Immigration Option For An Illegal Spouse, Child, Or Parent Of A Military Member Military Parole in Place: Eligibility Affidavit Preparing for the Parole In Place PIP Interview Can you be approved for PIP, but denied a Green Card? Permanent Bar for Two or More Illegal Entries – INA 212(a)(9)(C)(i) Military Deferred Action: A Parole in Place (PIP) Alternative Can a Military PIP Recipient receive a Social Security Card? DEERS Office and the need for Apostille / Legalized Foreign Documents

Can I file Military PIP along with an I-130 Petition?

By Franchesco Fickey Martinez • July 10, 2025
This article will cover the common question our office receives: Can I file Military PIP along with an I-130 Petition? In short: Generally, yes! Military PIP can be filed simultaneously with an I-130 Petition, if the following are true: If filing Military PIP for a parent, the child/service member/veteran is 21 years of age or OLDER, AND a US Citizen. If the service member is currently in the process of naturalizing, then MUST wait to become a US Citizen before starting the I-130 Petition. If filing Military PIP for a child, the parent/service member/veteran needs to show proof of being a legal or biological parent. For fathers, a DA test is extremely helpful, if related by blood. If a step-parent/step-child relationship is present, 100% of the focus is on the marriage, dates of the marriage, and status of the other parent/spouse. If filing Military PIP for a spouse, any and all PAST MARRIAGES must be legally ended, and proof readily available BEFORE you marry and before you start an I-130 Petition. Similar Topic: can you file the I-485 AOS along with the I-130 Petition and Military PIP? 100% No. We have seen countless denials of individuals being advised to do such a filing arrangement, but the end result is almost always: denial of the I-485. A denied I-485 normally leads to deportation court. Why can you file the I-130 with the Military PIP, but not with the I-485? The I-130 does NOT require a legal entry or parole PRIOR to starting the filing. The I-485 requires a legal entry or parole PRIOR to filing as a matter of eligibility. Anyone who entered the US Illegally, is normally required to pursue Consular Processing/the DS-260 Immigration process, versus the I-485 Adjustment of Status process within the US. The Name of the I-485: Adjustment of Status , means you MUST have a status to "adjust from." If you have no status, you are not eligible. Military PIP creates a temporary status and lawful entry, from which an immigrant can adjust from. What if I have further questions? You can contact our Immigration Law Firm to speak with our staff or to set up a consultation with our immigration attorney. Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

VA Benefits and the common I-864 RFE

By Franchesco Fickey Martinez • July 10, 2025
For starters, VA Permanent Disability is a form of tax-free income that is accepted by the USCIS Form I-864. This article will cover common issues, RFEs, and tips on how to show USCIS VA Disability Income COUNTS!!! Now, if you are stumbling upon this article, a one of a few possibilities has occurred: USCIS issued an RFE with the I-485 stating that they could not determine I-864 eligibility, based on the petitioner's adjusted gross income USCIS issued an RFE because there haven't been Taxes, W-2 or 1099, or paychecks within the past 3 years USCIS may be requiring a co-sponsor to the I-864 NVC may have stated that a co-sponsor is required, but that the decision will occur at the Consulate or Embassy In a nutshell, the I-864 "evaluates" financial stability to overcome poverty by reviewing a petitioner's (1) current estimated income, against (2) AGI/adjusted gross income of the most recent tax year. For VA Disabled Veterans, the VA Disability may be all or part of their income. Some veterans have part-time or full time jobs after military service, but they can generally overcome the I-864 with the W-2 Employment/paychecks. This article will cover the veterans whose TAXABLE income usually falls under $27k a year for a household of 2, $34k a year for a household of 3, and $41k for a household of 4. How to prove VA Disability? VA Benefit and Disability Information Letter, located on the VA Ebenefits Website ( Link found here ) DD-214 Past 12 months of Bank Statements from the Account that receives the Direct Deposits Print out from the VA Account Payment History VA ID Card What to do if USCIS issues an RFE? If the Petitioner/Sponsor's income is mainly from VA Permanent Disability, then the above 5 items can be provided to USCIS in a response. However, two more item is required. First, a clear letter must be drafted to state: Your income is TAX FREE, which is why it doesn't appear in the Federal AGI The Monthly and Annual VA Disability Amount (do the math so USCIS doesn't have to) Confirm/Compare your household size and VA Disability income EXCEEDS the minimum requirement as stated on the I-864P (https://www.uscis.gov/i-864p) Second, re-provide and possibly update the I-864 Form previously submitted. How to respond to USCIS RFEs? If you have online USCIS access to the RFE, then 100% upload the RFE Response to the USCIS System, as that automatically records the response in the USCIS System, making its processing and the overall immigration process more efficient. If you DO NOT have online USCIS access, then follow the instructions stated on the RFE Notice. The final page usually have the location where to mail the response to. What if I have further questions? You can contact our Immigration Law Firm to speak with our staff or to set up a consultation with our immigration attorney. Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

Lebanon J1 NOS Waiver Summary

By Franchesco Fickey Martinez • July 3, 2025
The J1 Waiver Process can be somewhat confusing. This article will summarize the process, and mention a few items that may cause issues. First, the J1 Waiver Process can be broken into 3 main parts: DS-3035, a waiver request filing with the Department of State Waiver Review Division No Objection Statement (NOS) Request from the foreign government I-612 Processing from USCIS Second, the MOST important part of the waiver is the "Foreign Government's involvement" Why? If the foreign government OBJECTS, the waiver will 100% fail. What does the Government of Lebanon Require? Mailing 1 packet/request to the Lebanon Embassy in the DC, address is as follows: Embassy of Lebanon, Attention: NOL Department, 2560 28th St. NW, Washington, DC 20008. The Packet MUST contain: $125 money order payable to the: Embassy of Lebanon. 2 addressed stamped envelopes: One envelope is a return envelope to the requestor or their attorney One envelope is for a physical copy of the No Objection Statement to be mailed to the DOS: Waiver Review Division, US Department of State, CA/VO/DO/W, SA-17, 11th Floor ,Washington, DC 20522-1711 [Note: in 2024, the DOS mainly recieves the NOS by email from the foreign embassy. The email is an instant transfer, whereas the mailed notice used to take weeks or months to process at the DOS] A Cover Letter for the Embassy to include: Reason for the request Contact information Exact date of arrival on the J-1 Visa and the port of entry Residential Address History in the United States Statement from you explaining whether your education or J Program in the United States is governmentally or privately financed Confirmation that relevant documentation and payment are enclosed DS-3035 Third-party Barcode Page (The Embassy of Lebanon would be the 3rd party in the DS-3035 Process) Either: A copy of the J1 degree from Lebanese institution (Most Common), OR A letter from the institution from which J1 graduated in Lebanon stating that the J1 are under no financial obligation to that institution A notarized statement (Signed before a US Notary) from the J1 Visa Holder stating that the J1 are under no financial obligation to any private or public institution in Lebanon. Copy of the Lebanese passport biographic page Copy of any US Visa, especially any and all J1 Visas Copy of the I-94 and travel history from the CBP Website Third, the DS-3035 must be correctly completed The DS-3035 must be completed correctly, as it directly affects the determination of eligibility and whether the overall request can even be approved. The biggest pitfall is either writing an inconsistent statement of reason or writing too much of a statement that the underlying purpose for the waiver is lost. A deeper dive into the reason statement can be seen here: https://www.fickeymartinezlaw.com/j1-waiver-ds-3035-statement-of-reason-template-and-explanation The next biggest pitfall is NOT including EVERY DS-2019. More info found here: https://www.fickeymartinezlaw.com/j1-ds-3035-topic-of-missing-a-ds-2019-for-the-waiver-filing Fourth, the I-612 process with USCIS Once all of the DOS processing and Lebanon processing is completed, the file is packaged up and submitted to USCIS for final process. This process is called the I-612 waiver process. It is free, happens automatically, and normally processes in 1-4 months. USCIS will provide a Receipt Notice, and more importantly, an Approval Notice (assuming Lebanon and DOS did not object and provided a "favorable recommendation," respectively). Conclusion: If you have questions or need assistance with the J1 Waiver Process, please schedule a consultation with our immigration attorney. Visit our J1 Waiver Page for more relevant blogs regarding the J1 Waiver Process: https://www.fickeymartinezlaw.com/practice-areas/j1-visa-waiver Here are 2 Lebanon Items that are frequently overlooked: Lebanese Birth Certificate: https://www.fickeymartinezlaw.com/lebanese-birth-certificate-wathikat-welada-and-us-immigration Credentialing Foreign Education: https://www.fickeymartinezlaw.com/employment-immigration/credential-evaluation-reports-for-immigration-purposes Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

Honduras J-1 No Objection Statement Process

By Franchesco Fickey Martinez • June 27, 2025
This article will explain the J-1 NOS Process for Honduras, as well as explain the alternative waiver process is you are deemed ineligible to receive an NOS Waiver. First, who needs a J1 Waiver? Merely applying for the NOS Waiver from Honduras is not enough to be approved of the J1 Waiver. Similarly, merely completing the DS-3035 is not enough. The DOS Waiver Review Division will require the J1 Visa Holder to show a clear need for the waiver, or else the DS-3035 will be denied. So, what clearly NEEDS a J1 Waiver. Well, that is what is to occur AFTER the J1 Waiver is approved. The J Visa Restricts all of the following: Immigration to the US (acquire Lawful Permanent Residence or Green Card) either through the I-485 Adjustment of Status process or the DS-260 Consular Process K-1 Fiance Visa H Employment Visa L Employment Visa It is these restrictions that NEED a waiver, and the J1 must prove a clear path to one of the above immigration options. More information can be seen here: https://www.fickeymartinezlaw.com/j1-waiver-ds-3035-statement-of-reason-template-and-explanation Second, are you a J1 that even requires a Waiver? There are unrestricted and restricted J1 Professionals. The Restricted Professionals are generally: J1 Teacher/Professor/Instructor J1 Specialist J1 Researcher J1 Physician J1 Intern/Trainee J1 Summer Camp Counselor J1 University Student (Undergraduate, Graduate, and Professional/Doctoral) How can you determine if you are a restricted type of J1? Merely review the Special Skills List. A little about the 2024 update to the schedule skill list can be seen here: https://www.fickeymartinezlaw.com/j1-special-skills-list-major-dos-update-december-9-2024 Third, are you unsure if the waiver is still needed? A DOS Waiver Review Division Advisory Opinion can provide a DOS determination if a waiver is even required, and the basis that the waiver is required. A brief explanation can be seen here: https://www.fickeymartinezlaw.com/immigration/when-should-a-j1-j2-perform-a-dos-advisory-opinion Please note: MOST J1 are subject due to the special skill list. Some are subject due to (1) government funding or (2) medical residency. These two subjections have very very few waiver options, and may be barred from a waiver availability. Fourth, Brief Overview of the NOS Process: The NOS Waiver process is broken into 2 packets and 3 phases . PHASE 1: Initiating Packet 1: The DOS DS-3035 Waiver Recommendation Application is an electronic filing that auto-generates the forms, statement of reason, and list of DOS required documents. This packet goes to the DOS for processing. Packet 2: The Honduran J1 NOS Waiver Application is filed with the Honduran Embassy at: 1220 19th St. NW, Suite 320, Washington, DC, 20036. The Embassy required documents will be discussed below. Phase 2: Processing Packet 2 might be called packet 2 in the explanation, but it is the first that MUST BE PROCESSED. Honduras must not object, Honduras must create the No Objection Statement, and Honduras must send that statement to the DOS to merge into Packet 1. Once Packet 1 receives the No Objection Statement, that is when the DOS begins processing the DS-3035. Phase 3: Finalizing/Recording in the Government System If DOS issues a Favorable Recommendation, the file is then submitted to USCIS, USCIS issues an I-612 Receipt Notice, and then USCIS issues an I-612 Approval Notice. An I-612 Approval Notice is the full completion of the J1 Waiver Process. Fifth, what documents are required by the Honduran Embassy: This list is fairly templated, but it does assist the Embassy in processing the request: Proof of payment of $30.00 via Money Order payable to the Consulate of Honduras for processing the Letter of No Objection from the Government of Honduras. A Signed Letter by the J1 stating: Name and contact information Statement of how the J-1 visa was obtained Amount of time elapsed since entering the United States under J-1 status Admission that, by accepting a J-1 visa, the applicant agreed to return to Honduras for a period of no less than two years. Explanation of the reasons for not wishing to return to Honduras. [Comparison: this is similar to the above first point regarding what "needs" the J1 Waiver] Original letter from the institution that sponsored the J-1 visa, stating that it has no objection to the applicant returning to Honduras. Either: Affidavit from the applicant stating that the letter requested in the previous section is signed by the sponsor of their J-1 Visa, or Affidavit stating that the institution does not issue this type of letter. The Affidavit MUST either be completed before the Honduran Consulate upon payment of $50.00 by Money Order; or Affidavit from the applicant MUST be authenticated by Notary Public and Apostilled in accordance to the Hague Convention. Copy of ALL "DS-2019: Certificate of Eligibility for Exchange Visitor (J-1) Status" document. Copy of the "DS-3035: J-1 Visa Waiver Recommendation Application" document. DOS Third Party Barcode Page. Copy of All issued Honduran passports and ALL J-1 visa(s) and J-2 visa(s). A duly authenticated copy of the Cooperation Agreement between the petitioner and an institution of the Government of Honduras or a Non-Governmental Organization (NGO) operating in Honduras, which must include at least the following: Statement of purpose. Document proving the legal representation of the signatory. (Certificate issued by the Directorate of Registration, Regulation, and Monitoring of Civil Associations (DIRRSAC). Document proving the legal status of the institution or NGO. (Certificate issued by the Directorate of Registration, Regulation, and Monitoring of Civil Associations (DIRRSAC). Description of the cooperation to be carried out. Duration of the cooperation (no less than two years). Exact work to be performed by the petitioner. Number of weekly hours the petitioner will work. If you are interested in learning more about our law firm J1 Services, we welcome you to visit our website. Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

I-864 Sponsorship: How is SSI and SSDI Assessed?

By Franchesco Fickey Martinez • May 29, 2025
The I-864 is a Sponsorship Form from USCIS that is used in nearly all Family-based Immigration. This Blog Post will address how SSI and SSDI is assessed in this process. SSI (Supplemental Security Income) provides financial assistance to older adults and persons with disabilities (regardless of age) with very limited income and resources. SSI is […] The post I-864 Sponsorship: How is SSI and SSDI Assessed? appeared first on Fickey Martinez Law Firm.

I-864 Asset Calculations

By Franchesco Fickey Martinez • May 28, 2025
The I-864 Form (Affidavit of Support) allows the US Government to assess someone’s financial capability to support a sponsored person, whether they are a spouse, parent, child, sibling, and even friend. The I-864 primarily assesses two areas of someone’s financials: Annual Income, derived from Paystubs / Pay Checks Adjusted Gross Income taken from the most […] The post I-864 Asset Calculations appeared first on Fickey Martinez Law Firm.

Immigration Attorney's Opinion on Popular Immigration Case Tracking Apps

By Franchesco Fickey Martinez • May 27, 2025
This article will cover our office's opinions on the numerous Mobile Immigration Case Tracking Apps, as well as the inaccuracies that arise: Lawfully USCISCaseTracker US Immigration Case Tracker MigraConnect For starters, it is commendable to stay "current" on any immigration filing. Everyone should know what the current status of an immigration filing is. However, the source of information is important. The Federal Government is not "up-to-date" on the Mobile App scene, but most immigration agencies do offer "online case statuses" as well as "processing time estimators." For USCIS, the MYCASE Online Account ( https://myaccount.uscis.gov/sign-in ) should be the primary source of case information. For NVC, the CEAC Online Account ( https://ceac.state.gov/IV/Login.aspx ) should be the primary source of document-uploading, correspondence. For Consular Processing, the specific Embassy or Consulate should be utilized: https://ais.usvisa-info.com/ https://www.ustraveldocs.com/ The third-party mobiles apps are great at providing the "current online status," that information is readily available online at the following agencies: USCIS: https://egov.uscis.gov/ NVC Pre-Documentarily Qualified Status: https://travel.state.gov/content/travel/en/us-visas/immigrate/nvc-timeframes.html NVC Post-Documentarily Qualified Status: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/iv-wait-times.html Embassy/Consulate: https://ceac.state.gov/ceacstattracker/status.aspx Where the mobile apps start to have inaccuracies and mis-information is with regard to the following: Estimated case processing time tends to be 100% inaccurate 3rd-party apps fail to show official USCIS or NVC correspondence, which could delay a filing or lead to a denial Confuse an immigrant beneficiary as to the current phase of the immigration process. When is a Mobile App a good thing? It is a helpful tool for an immigrant that is abroad. It allows the immigrant to receive updates. However, most use the app during the USCIS processing of the I-130, and it is more beneficial to just sign up for a USCIS account and elect for Email updates: https://egov.uscis.gov/ (Only the USCIS Receipt Number is required and anyone or multiple people can sign up for such notification services). Why is the Mobile App inaccurate with the USCIS processing time estimate? The App is inaccurate as the estimator requires the category type and location of processing. If you place the incorrect information, the mobile app would be off. Additionally, USCIS provides a "rough estimate" that occurs for 80% of the cases. USCIS may move quicker or slower depending on the specific case history, USCIS Officer assignment, and the Country of Origin. So, if a mobile app ways an estimated processing time is: 5 months, that should be taken with a grain of salt. USCIS is generally slow with Consular Processing, and a little quicker with Adjustment of Status. Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

Need a Temporary Green Card? Information on the ADIT Stamp

By Franchesco Fickey Martinez • May 22, 2025
The ADIT Stamp is a temporary proof of the I-551 Green Card that is an acceptable form of a lawful permanent resident card that can be used for: Domestic and international travel DMV SSA Employment purposes Need of a government-issued ID The ADIT Stamp can be placed in 1 of 3 locations: As a sticker on the back side of a fairly current/recently-expired I-551 Green Card As a Stamp in an unexpired foreign passport AS a Stamp on an I-94 card The ADIT Stamp may be a byproduct of the following Immigration forms: I-90 for a Green Card renewal or replacement after loss/theft I-751 for Removal of Conditions N-400 for Naturalization The document can be a "stamp" and a close look of the stamp is as follows:

Old Green Cards and issues with the DMV and Social Security

By Franchesco Fickey Martinez • May 14, 2025
This article will cover the Old Versions of the Green Cards and how they encounter issues with the DMV when attempting to renew a Driver's License as well as with SSA when attempting to acquire Medicaid, SSD, or SSI. The I-151 Green Card: The former Immigration and Naturalization Service (INS) issued Form I-151 (Alien Registration Receipt Card), commonly called a “green card,” to aliens from: July 1946 to 1978. The I-151 Green Card never had an expiration date printed on the card, which has led many to believe their documentation was up-to-date. Even in 2025, I-151 Green Card holders never knew their Green Card had actually expired by law on March 20, 1996 . I-151 card holders experience issues with the DMV, especially after the Real ID Requirements of May 2025, due to the INS records not being easily accessible in current government system, as the INS agency ended in 2003 and was replaced by the agency: USCIS. Additionally, due to I-151 Card Holder's ages, they have either been receiving SSI and Medicaid for many years, or will be starting very soon. For example, if an I-151 Green Card holder received their I-151 Card in 1970 at the age of 10, they would be turning 65 in 2025. According to SSA: Form I-151 is not a valid immigration document. The card lacks security features and presents more opportunities for alteration and fraud than the immigration documents currently being issued. From 1992 through 1996, the former Immigration and Naturalization Service conducted a “Green Card Replacement” project to replace the I-151 cards in circulation. Although the card is not a valid immigration document, the person may still retain lawful permanent status. (Source: https://secure.ssa.gov/poms.nsf/lnx/0200303400) I-151 Card Holders are recommended, depending on their given situation, to either apply for an I-90 Green Card renewal or apply for US Citizenship with the N-400. The I-551 Green Card that didn't expire: The I-551 Green Card is the "current version" of the Lawful Permanent Resident Card. However, there is a lot of confusion on whether the cards with “no expiration date” are still valid. Some government agencies may refer to this un-expiring I-551 as the: ORIGINAL I-551 Whereas, the expiring I-551 may be reviewed to as the: REVISED I-551 The I-551 Green Cards issued between: 1977 and August 1989 have no expiration date, but ARE STILL a valid and acceptable Green Card. However, not every US Agency will acknowledge the old version of the I-551 Green Card since it lacks an expiration date, and a way for the agency to confirm current legal immigration status from when the card was issued in 1977 to 1989. For the DMV, the unexpiring I-551 Green Card may or may not be accepted. A lot has to deal with name changes over the years and whether the file is accessible in current government systems. For SSA, the old or original I-551 is generally accepted as identity is normally compared against a lifelong history of SSA Contributions in Prior Payroll and tax filings. Original I-551 Card Holders are recommended, depending on their given situation, to either apply for an I-90 Green Card renewal or apply for US Citizenship with the N-400 as to avoid issues that may arise in the next few decades (unknown how laws might change). What do I do if I need a new I-551 Green Card ASAP? By filing for either I-90 or N-400, USCIS may issue a "temporary I-551 proof" that can be in the form of the passport, a sticker on the card, or a stamp in an I-94 Card. This temporary proof is called an ADIT Stamp and can be acquired at a local USCIS Office in an INFOPASS Appointment. (More information can be seen here: https://www.fickeymartinezlaw.com/need-a-temporary-green-card-information-on-the-adit-stamp) The following is the SSA policy on ADIT Stamps: When the alien does not have a machine readable immigrant visa (see RM 10211.025C.2 ), DHS places a temporary I-551 stamp in the foreign passport as evidence of immigration status when the alien is admitted to the U.S. as an LAPR for the alien to use until the permanent I-551, Permanent Resident Card, is received. The stamp may be placed in the alien’s foreign passport or on a Form I-94, Arrival/Departure record, when the alien does not have a passport. When an alien previously admitted to the U.S. applies for a replacement I-551 or adjusts to LAPR status, DHS places a temporary I-551 stamp in the foreign passport. When the alien does not have a foreign passport, DHS places the temporary I-551 stamp, a photo of the alien, and DHS seal on Form I-94. Each stamp is uniquely numbered with a five-digit identifier which can be found below the “Valid Until” line. Also, the officer writes the “A” number on the stamp. See the ACM Alert No. 2006A-31 New DHS/USCIS ADIT Stamp under the “I-94” document number and “I-551” document number for more information on the design and fluorescent security features. (Source: https://secure.ssa.gov/poms.nsf/lnx/0200303440#b1)