Submitting Visa Applications

All USCIS application forms are accompanied by detailed instructions on how each question must be completed, required documentation (also, whether a copy or original must be submitted) and the office to which the form must be sent.

The USCIS has four Service Centers and many field offices which serve specific states and visa applications or petitions. Applicants, to avoid delays, must ensure the application is submitted to the appropriate office. The USCIS National Customer Service Center is available to answer any questions pertaining to visa applications or immigrations benefits.

Applicants and petitioners may check case status and processing times at the USCIS website. A USCIS issued receipt number is required for checking case status.

Remember to notify the USCIS of any change of address; this can be done online for free at the USCIS's website.

USCIS vs NVC

Migration! I must explain the two agencies and the role of each before delving into the migration options.

The USCIS

The United States Citizenship and Immigration Service (USCIS) and National Visa Centre (NVC) are the two main agencies involved in the immigration system. U.S. Consulates or Embassies handle all non-immigrant visas.

The USCIS, determines eligibility for all visa and employment authorization applications and forwards approved applications and petitions to the NVC for further visa processing.

The NVC

The NVC (based in Portsmouth, New Hampshire) processes all approved immigrant visa petitions.

The agency uses a preference category system to classify approved petitions and assigns visa numbers based on this system. The waiting time for a visa number varies from a few months to many years, depending on the applicant’s preference category and country of origin.

The State Department's monthly visa bulletin provides priority dates (also known as qualifying dates) showing which visa categories have advanced to ‘current status.’

A 'current status' means that a visa number is available and is ready for final processing.

The NVC then contacts the petitioner or applicant requesting visa application fees and documents, which includes Form I-864 - Affidavit of Support, tax return forms and marriage certificates.

The agency, upon completing its processing, schedules all visa interviews, usually at a U.S. Embassy in the applicant’s home country or at a USCIS field office, in some cases of individuals who are already in the U.S.

The USCIS is a Homeland Security Department agency and the NVC is run by the Department of State.

USCIS Grants Haitian Migrants Proctection

Janet Napolitano, U.S. Homeland Security Secretary, on January 15, 2010, announced an initial 18-month stay and work authorization to Haitian migrants currently in the U.S.

The Temporary Protected Status (TPS) is valid only for Haitians who were in the U.S. as of Jan. 12, 2010. This special status protects Haitians whose visas have expired from deportation due to the 7.0 magnitute earthquake that devasted Haiti on Jan. 12, 2010.

The USCIS generally classifies natural disasters, political conflicts or any other condition deemed extraordinary as humanitarian. This classification usually justifies TPS to that particular country's temporary or illegal immigrants in the U.S. However, such status is only temporary.

Eligible Haitians should visit the USCIS or call 1 (800) 375-5283.

Visa Extension Documents

I finally found the USCIS field office in New Orleans and came home with an I-539 form.

I learnt, during my visit to the USCIS office that individuals with pending applications can legally stay in the U.S. for up to six months after their I-94 expires, as long as the extension request is submitted 45 days prior to the I-94 expiration date.

You must provide the USCIS with the information below, in addition to the completed I-539 form and fee:

-Proof of sufficient funds to support yourself for the duration of your visit
-Valid copy of I-94 (arrival/departure) card
-Valid reasons for extending your visa
-Departure plans, i.e. a valid return ticket

The USCIS usually grants a six-month extension but remember you have the burden of proof to show the USCIS that you are not an intending immigrant.

A Page From My Diary

August 12, 1998: I was granted a six-month stay.

By early September 1998, I had learnt that completing my Green Card process would take longer than my valid stay. I didn’t want to travel back to Zimbabwe only to return to the U.S. a few months later. I knew someone who, two years earlier, had been deported for overstaying and stamped with a 10-year restriction from applying for a U.S. visa.

I panicked.

Five sleepless nights.

My face broke into a pool of acne.

Hair dull and limb.

I lost my appepetite.

What if my family and friends in Zimbabwe would see me now? "Is this what America does to An African Immigrant? To any Immigrant?" I could hear mom's voice.

"No," I would reply.

"This is the America I dreamt about. Consternation is only a small part of the experience. A necessary evil!"

That is what I would say about the experience, breaking the dead air. My silent (no), heartbroken siblings listening on in the background, looking for hope, because they too have secretly dreamt of America.

But panicking wasn’t getting me anywhere.

I don’t claim to be clairvoyant, but I knew everything would be alright. There was an option and I had to find it.

And now I'm motivated daily to share my experiences and my understanding of the U.S. immigration system on An African Immigrant's Diary.

Visa Extension - "Immigration 101"

If you are like me, you may have thought being issued a (non-immigrant) visa means that you have been granted entry into the United States. This is not so.

A visa issuance does not guarantee admission to the U.S.
The visa expiry date is different from your granted stay date.

For example:

Your visa may be valid for two or ten years but an immigration officer determines the length of your stay upon arrival at a U.S. port of entry. It is important to make a note of this date and make sure you request an extension at least 45 days before your stay expires.

You must use USCIS Form I-539 to request an extension of stay. The filing fee is $300, as of Jan. 2010.

Two pages worth reading are the USCIS's "Extend My Stay" and the Department of State's "Duration & Extension of Stay" sections.

Note: Form I-539 is also used to request a change of visa status.

U.S. Lifts HIV Ban

I remember undergoing regular immigration medical screenings during the years preceding my 1999 U.S. residency.

The exams included HIV tests.

I also remember being turned away from blood donation centers because I was, at the time, a citizen of an "HIV high-risk country."

My confrontation with the stigmatization ended when I became a naturalized U.S. citizen.

The United States government, on Jan. 4, 2010, ended its 22-years of discriminating against HIV-infected potential migrants.

Individuals applying for U.S. residency are required to undergo an immigration physical exam, conducted by a U.S. government appointed physician.

In the past HIV was unequivocally listed as a communicable disease that would automatically disqualify an infected intending immigrant. The ban was lifted after the Center for Disease Control declassified HIV as “a communicable disease of public health significance.”

Clemens Ruland of the Netherlands became the first HIV positive visitor to take advantage of the lift. He entered the U.S. on Jan. 7, 2010.

Migration Milestone

I've been on a five-month long hiatus. Happy 2010 everyone!

The second half of 2009 was eventful; my parents and I moved from New Orleans, La. to the Washington, D.C. area in mid-October. I spent the latter part of 2009 visiting family and friends in England and Ireland - loved it!

And came I back home to my first White Christmas. My mom loves the snow. Dad is indifferent. I need to learn how to drive in it!

I reached another milestone last year. The big news came in August 2009, when I received residency petition approvals for five of my six siblings. I submitted the petitions in May 2007, at the same time as my parents' petitions. The approvals, according to USCIS case processing times, were eight years earlier than expected. Viva! More on this soon.

I am currently working on my website IzIzWe - the place for immigrants.

"Izizwe" is the Ndebele/Zulu noun for "foreigners."

The site, which promises to be a lively gathering, was inspired by my desire to help, learn from and share immigration experiences with fellow migrants through an umbrella site.

I will keep you updated on its launch.