Most people find the process of preparing their immigration law case very difficult and most stressful. To help make the situation a little less stressful, I’ve created a basic checklist of immigration-related documents that an experienced immigration law attorney will ask for when starting your immigration case. This basic document checklist should also be used by individuals filing their own immigration cases.
For Immigrants or those wishing to immigrate to the US:
1. Your passport includes a valid passport and an old passport, if possible keep the old passport when renewing it. If you have to provide your old passport in order to get a new one issued, then make a copy of your expired passport including a bio and a stamped page confirming your trip, to keep in case you need it later.
2. Your I-94 card or I-94W card. The I-94 card is on the white card which you must fill before entering the US. I-94W (also called visa waiver) is a card that looks like an I-94 card but is green. Each family member must have their own card.
*It is important to note that under US immigration law, the expiration date on an I-94 or I-94W card is what controls how long you can stay in the US without requiring an extension or violating your US stay visa. Some immigrants think that because they have a visa page in their passport stating they have a 5-year or 10-year visa, they can remain in the US during that time without having to leave or require a visa extension or change of status. This is not true and will cause you to lose status.
*Also, please note that an I-94 or I-94W card is VERY important. You must make copies of the card (front and back) and keep the original in a safe place. You will not be able to get a green card, fiance visa, work visa, or other visa in the US without valid proof of entry, which comes in the form of an I-94 or I-94W card.
3. Birth Certificate in the original original language and attach the correct translation with the correct translator’s certificate, signature, etc. You must bring your Original birth certificate. You should NOT submit the original to immigration, as only a copy is required, but keep the original birth certificate in a safe place if immigration wants to see the original.
4. If you are married, then the marriage certificate and its translation. Again, you must bring your original marriage certificate. File only a copy with USCIS and bring the original to the interview with you. If you are married in the US and do not have a copy or certified copy of your marriage certificate, you can obtain a certified copy at www.USA.gov. The exact link is http://www.usa.gov/Citizen/Topics/Family_Issues/Vital_Docs.shtml.
5. If your country issues this, a family certificate listing you, your spouse and all children (if applicable to you).
6. Divorce Certificate(s) if applicable with translation, or death certificate and English translation if spouse dies. Again, bring the original but only the copy file with USCIS.
7. Birth certificates and passports for each child and spouse. All birth certificates must be translated as described above in item #3. This is necessary to confirm the exact identity of each person, the spelling of their exact name, etc. Since USCIS will rely on the spelling on the Birth Certificate instead of the person’s passport, you want to make sure that the translation is correct for the correct spelling. of each person’s name.
8. If arriving on a B-1 business visitor visa, please bring your personal or corporate bank account from your home country, proof of business ownership in your home country (if any), any professional organizations you join for, and a CV (i.e. resumes). This information will be useful if you plan to apply for an investor visa here in the US or any other type of work visa, such as opening a business in the US that is similar to one overseas.
9. If you hold a bachelor’s degree from your foreign country, bring your actual bachelor’s degree (copy is allowed) and completed class transcripts from your school. This information will be required if you decide to apply for an H-1B visa or other type of work visa.
10. If you already live in the US and you file US income taxes, keep a copy of each year you file taxes. Copies can be obtained directly from the IRS if you have not kept a copy.
I hope the basic checklist above will help you gather the basic documents needed to file any US immigration law case. Please note that for certain types of cases, such as fiance visa, work visa, marriage green card case, etc., additional documents will be required. Links have been provided below where you can find more information about certain types of cases.