Updates
Here are summaries of important legal or procedural changes that affect the latest edition of this product.
If you want to check on the accuracy of any other information in the book, please follow the legal research
instructions in the book or in Nolo's research manual, Legal Research: How to Find and Understand the Law.
What's New in the 8th Edition of How to Get a Green Card
Overview of What's New
The new edition covers the latest (raised) USCIS filing fees and changes to application procedures, has samples of how to fill out the latest forms, contains additional advice on proving financial capacity, and has a whole new chapter on getting automatic citizenship through parents or grandparents. Also, new “Immigrant Stories” have been added to illustrate important points, or how to deal with common but difficult situations.
Who Needs the New Edition?
You Don't Need the New Edition If:
you're interested only in general eligibility for U.S. immigration and a green card.
You Need the New Edition If:
you plan to apply for a U.S. immigration benefit.
Chapters Most Affected
Chapter 4, Will Inadmissibility Bar You From Getting a Green Card? Shows the latest federal Poverty Guidelines, plus an expanded discussion of how to fill out the Affidavit of Support.
Chapter 5, How Long You'll Have to Wait: New detailed instructions and sample letter for upgrading your family immigration category (and speeding your entry) after your petitioner becomes a U.S. citizen.
Chapter 9, Child Immigrants: New discussion of adopting immigrant children who are already in the U.S.
Chapter 15, Military Veterans and Enlistees: New green card eligibility category for Afghan and Iraqi translators for the U.S. military.
Chapter 21, Acquiring Citizenship Through U.S. Citizen Parents: Entire new chapter on acquiring U.S. citizenship through parents or grandparents.
Chapter 23, Tracking Your Application Through the System: New preview of how to become eligible to apply for U.S. citizenship.
Forms That Have Changed
The book doesn’t provide forms; however, sample forms that changed include:
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Form I-539, Application to Extend/Change Nonimmigrant Status
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Form G-325-A, Biographical Information
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Form I-129F, Petition for Alien Fiancé(e)
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Form I-130, Petition for Alien Relative
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Form I-134, Affidavit of Support
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Form DS-230, Application for Immigrant Visa and Alien Registration
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Form I-864, Affidavit of Support Under Section 213A of the Act
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Form I-864A, Contract Between Sponsor and Household Member
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Form I-589, Application for Asylum and for Withholding of Removal
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Form I-730, Refugee/Asylee Relative Petition
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Form N-600, Application for Certificate of Citizenship, and
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Form I-102, Application for Replacement/Initial Nonimmigrant Arrival - Departure Document.
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Applicants for Reentry Permits and Refugee Travel Documents Now Need to Be Fingerprinted
Effective date:
Jul. 8, 2008
If you will be filling out USCIS Form I-131 in order to get either a reentry permit or a refugee travel document, a new step -- and a corresponding fee -- has been added to the process.
You'll need to provide biometrics, better known as fingerprints. This involves including an extra $80 with your application, then attending a fingerprint appointment.
Because this step could add extra time to the approval process, be sure to send in your application well in advance of when you need to travel.
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New Rules for Intercountry Adoption
Effective date:
Apr. 1, 2008
U.S. citizens hoping to adopt orphans from other countries may get both more help and more hassles from the recently implemented Hague Convention on the Protection of Children (HCIA). (The U.S. signed this convention in 1994, ratified it in December of 2007, and it entered into force on April 1, 2008.) You can get the text of this law and other information from http://adoption.com.
Although the convention hasn’t yet changed the basic immigration procedures described in Nolo's books, some changes may be in the works (stay tuned). In the meantime, prospective adoptive parents will be affected in the following ways:
- You'll get more information from the Department of State (DOS) website. The DOS is the central authority for overseeing implementation of the HCIA. As part of its role, it will provide more information via the DOS website (at http://travel.state.gov, click on Children & Family, and then Intercountry Adoption), including procedural summaries, specific country policies, and warnings about problems in different countries.
- You may have access to children from fewer agencies than before. Adoption agencies must now, before U.S. parents can adopt children through them, be accredited by either the Council on Accreditation or the Colorado Department of Human Services (CO). Click here for a list of agencies that have received accreditation so far. (This list is found on the DOS website, at http://travel.state.gov.)
- You'll receive a better idea of the fees you'll need to pay from the outset. Adoption agencies are now required to provide clear information about their fees, payment policies, and other financial matters. This should be an improvement over the past, when some adoption agencies were known for underestimating fees, with U.S. adoptive parents feeling like they were strung along and held hostage to ever-increasing costs.
- Your prospective child will be more carefully screened to ensure that adoption is in his or her best interests. The HCIA requires that the sending country make an active effort to keep the child within his or her family and kinship group, or a least country. Of course, the downside for parents is that you may wait longer while certain countries are investigated, or be barred from access to legitimate orphans because of the bad actions of some adoption agencies.
- Countries with a history of adoption irregularities (such as paying parents to place their children in orphanages) will be less available for adoptions. In fact, a moratorium will be imposed on some nations that have signed the HCIA and are found not to be complying with it.
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