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Checklist of Basic Immigration Documents You Should Keep on Hand

Most people find the process of preparing their immigration law case to be very difficult and at best nerve-wracking. To make the situation a little less stressful, I’ve created a basic checklist of immigration-related documents that any experienced immigration law attorney will ask you when starting your immigration case. This checklist of basic documents should also be used by individuals who are filing their immigration case.

For immigrants or those hoping to immigrate to the US:

1. Your passport including your current unexpired passport and any old passports, if possible keep the old passport when renewing. If you need to provide your old passport to get a newly issued one, then make a copy of the expired passport including the biographical page and any stamped pages confirming your travel, to keep with you in case you need it later .

2. Your I-94 card or I-94W card. The I-94 is on a white card that must be completed by you before entering the US. The I-94W (also called visa waiver) is a card that looks like the I-94 card but is green in color. Each family member must have their own card.

*It is important to note that under US immigration law, the expiration date on the I-94 or I-94W card is what controls how long you can stay in the US without applying for an extension or violating your US visa stay. Some immigrants think that because they have a visa page in their passport that says they have a 5- or 10-year visa, they can stay in the U.S. that long without leaving or applying for a visa extension or change of status. This is incorrect and will cause you to fall out of status.

*Also, note that the 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 any other visa to the US without proof of legal entry, which comes in the form of an I-94 or I-94W card.

3. Birth certificate in the original language and attach a proper translation with correct translator’s certificate, signature, etc. You must have the original birth certificate with you. You do NOT have to submit the original with immigration, as only a copy is needed, but keep the original birth certificate in a safe place in case immigration wants to see the original.

4. If married, then a marriage certificate with translation. Again, you must bring your original marriage certificate with you. Submit only one copy to USCIS and bring the original to the interview with you. If you are getting married in the US and do not have a copy or certified copy of your marriage license, you can obtain a certified copy at www.USA.gov. The correct link is http://www.usa.gov/Citizen/Topics/Family_Issues/Vital_Docs.shtml.

5. If your state issues these, a family certificate listing you, your spouse, and all children (if applicable to you).

6. Divorce certificate(s) if applying with translation, or death certificate and English translation if spouse is deceased. Again, bring the original with you, but submit only one copy to USCIS.

7. Birth certificates and passports for each child and spouse. Birth certificates must all be translated as explained above in point #3. These are needed to confirm each person’s correct identity, correct spelling of their name, etc. Because USCIS will rely on the spelling on the Birth Certificate instead of the person’s passport, you want to be sure that the translation is accurate as to the correct spelling of each person’s name.

8. If you are coming on a B-1 business visitor visa, then bring with you your personal or company bank account from your country of birth, any proof of ownership of a business in your country of birth (if applicable), any professional organization you belong to and a CV (eg resume). This information will be helpful if you plan to apply for an investor visa here in the US or another type of work visa, such as opening a business in the US similar to the one overseas.

9. If you have a bachelor’s degree from your foreign country, bring your current college degree (copy is fine) and transcripts of classes completed from your school. You will need this information if you decide to apply for an H-1B visa or another type of work visa.

10. If you already live in the US and file US income taxes, keep copies of each year you file taxes. A copy can be obtained directly from the IRS in case you have not already saved copies.

I hope the basic checklist above will help you gather your basic documents needed to file any US immigration law case. Please note that for certain types of cases, such as fiancee visas, work visas, marriage green card cases, etc., additional documents will be required. Below is a link where you can find more information on a specific type of case.

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