Important Documents

Q: What is a visa? What is it used for?

A: A visa is merely an entry document. It is not evidence of one's right to remain in the U.S. A visa indicates that an application has been reviewed by a Consular officer at a U.S. Embassy or Consulate and the officer has determined the individual is eligible to enter the U.S. to engage in certain activities. Once a foreign national arrives at a port-of-entry, either at an airport or a land border crossing, it is up to the discretion of the U.S. Customs and Border Protection (CBP) officer to allow him or her to enter the country.

Q: What is an I-94 record? What is it used for?

A: CBP gathers the traveler's arrival/departure information automatically through electronic travel records. The I-94 record indicates how long the individual may stay in the U.S., not the visa in the passport and in what classification. It is this date that controls how long they can legally remain in the U.S. A new I-94 record is recorded each time the nonimmigrant legally enters the U.S. More I-94 information can be found here.

Q: Why don't I receive the original Receipt Notice?

A: Grzeca Law Group often retains the original Receipt Notice in our clients' files for use in the event that further correspondence with U.S. Citizenship and Immigration Services (CIS) is required regarding a case. Grzeca Law Group will forward the original Notice to our clients' attention. However, upon request, if they are planning travel outside of the U.S. or are renewing their driver's licenses based on an extension of their nonimmigrant classification. Please note, CIS will not issue a duplicate Receipt Notice.

Q: How do I request a duplicate Approval Notice?

A: In the event that an Approval Notice is lost or stolen, a duplicate Approval Notice may be requested by filing an Application for Action on an Approved Application or Petition (Form I-824) with U.S. Citizenship and Immigration Services (CIS). The I-824 must be filed with the same CIS office that approved the original Application or Petition. Please contact our office should you need to request a duplicate Approval Notice.

Q: What is a "Biometrics Appointment?"

A: As part of normal processing of an Application to Register Permanent Residence or Adjust Status (I-485), an Application for Naturalization (N-400), Application for Reentry Permit and an Application to Replace Permanent Resident card (I-90), applicants must have their fingerprints or Biometrics taken at an Application Support Center (ASC) and sent to the Federal Bureau of Investigation (FBI) for a criminal background check. If necessary, applicants may also be required to take a photograph or provide a signature at the time of their Biometrics appointment. Applicants are required to bring their Biometrics Notice and photo identification such as a valid passport or valid driver's license to the appointment. If an applicant wishes to reschedule the appointment, he or she will need to follow the instructions found under the "Request for Rescheduling" heading of the Notice. Failure to appear to be fingerprinted or provide other biometric information may result in a denial of the Application.

Q: What is Advance Parole?

A: Foreign nationals who have pending Applications for immigration benefits or changes in nonimmigrant status need Advance Parole in order to reenter the U.S. after traveling abroad. Such individuals must be approved prior to departing the U.S. Advance Parole is also available to foreign nationals with refugee or asylee status who intend to apply for a U.S. Immigrant Visa in Canada. Please contact our office for assistance with applying for Advance Parole.

Q: Can my spouse work?

A: A spouse's eligibility for employment in the U.S. depends on their current nonimmigrant classification they currently hold. In particular, individuals in L-2, E-2, H-4 and J-2 classification (dependents of L-1, E, H-1B and J-1 classification holders) are eligible to apply for an Employment Authorization Document. The CIS must approve the Application and issue an Employment Authorization Document before beginning employment in the U.S. Applicants in J-2 classification must submit an additional written statement with supporting evidence showing that the employment is not necessary to support the J-1, but is for another purpose. Individuals in O-3, TD or F-2 classifications (dependents of H-1B, O-1, TN and F-1 classification holders) are ineligible for employment in the U.S. Learn more about Employment Authorization Documents and who is eligible here.