Applying for a Visa in the U.S.: The Immigration Authorities

If you're seeking a green card or you want to change your visa status, you won't be able to avoid the U.S. immigration bureaucracy.

While most visa requests are made at U.S. Embassies and Consulates abroad, there are many reasons why a person might need or want to file paperwork while inside the United States, with the agency known as U.S. Citizenship and Immigration Services (USCIS, formerly called the INS) . In fact, the vast majority of applications for green cards -- or permanent residence -- begin with USCIS. This is because a U.S. citizen or permanent resident must usually file a sponsorship petition asking the U.S. government to allow the foreign national to go on to file the immigration application. Some applications are then transferred to a U.S. consulate abroad, others are decided completely by USCIS.

Many applications for other types of visas are also filed in the United States. For example, foreign nationals who arrive in the United States on one type of visa may later need to obtain a different type of visa because of a change in their personal circumstances. Students, for instance, may want to apply for a visa to work, or workers might want to become students. These types of applications are filed in the United States, with a USCIS office.

Wanting to apply in the U.S. isn't enough. Only certain categories of applicants are allowed to file green card or visa applications at USCIS office. For other applicants, particularly those who entered the U.S. illegally or overstayed a nonimmigrant visa, filing in the U.S. may cause their deportation. Consult a Nolo product specific to your situation, or an attorney.

USCIS Offices: Finding Your Way Through the Maze

For face-to-face contact with the USCIS -- to get a form, ask a simple question, or attend an interview -- you'll need to go to a local USCIS district office or suboffice. It is a good idea either to call or visit the nearest USCIS office to find out whether any extra forms or other requirements have been added to the normal application procedures. But you'll have to be persistent; many USCIS offices are poorly staffed, have long lines, and the telephones are frequently busy. And, there are certain types of applications that these offices simply do not have the power to handle.

Four special USCIS offices, known as regional service centers, have full responsibility for certain types of cases. Generally, applications that do not automatically require interviews must be submitted by mail directly to a regional service center. In the future, all immigration petitions and applications may first be filed at the service centers. Dealing with these service centers can be frustrating, because public telephone access is limited and the possibility of a face-to-face discussion with an immigration examiner is almost nonexistent.

The regional service centers have an automated phone inquiry system that can offer you limited help when you punch in your file number. You can also check the status of your application online, as long as you got a receipt notice; the Web address is https://egov.immigration.gov/graphics/cris/jsps/index.jsp. (Note: Your computer may not be able to access this website -- you'll need a fairly new browser.) Regional centers will also respond to lawyers' fax inquiries concerning pending applications, if the applicant is waiting for a decision beyond the estimated processing time stated on the receipt notice.

Online Help From USCIS

Although the USCIS is rightly known as a confusing and confounding government bureaucracy, the agency's website is reasonably clear and helpful. You can use it to locate the USCIS office nearest you. You can also download current immigration rules and regulations, along with many of the necessary forms. Start your search at www.uscis.gov.

One of the things that is not easy to find on the USCIS website is help with your particular immigration question or problem. There is, however, a national list of free or low cost legal resources at http://uscis.gov/graphics/lawsregs/advice.htm.