I-881 Instructions Table of Changes

TABLE OF CHANGES – INSTRUCTIONS

Form I-881Application for Suspension of Deportation or Special Rule Cancellation of Removal (Pursuant to Section 203 of Public Law 105-100, NACARA)

OMB Number: 1615-0072

06/09/2020

Reason for Revision: Final Fee Rule

Project Phase: G-1056.

Legend for Proposed Text:

• Black font = Current text

• Red font = Changes

Please note – all instances of “if any” and “if applicable” have been removed from Instructions for Form I-881.

 

Expires 11/30/2021

Edition Date 12/02/2019

Current Page Number and Section	Current Text	Proposed Text
Pages 4-6, General Instructions	[page 4] … Translations. If you submit a document with information in a foreign language, you must also submit a full English translation. The translator must sign a certification that the English language translation is complete and accurate, and that he or she is competent to translate from the foreign language into English. The certification must also include the translator’s signature, printed name, the signature date, and the translator’s contact information. [page 5] … 2. If you need extra space to complete any item within this application, use the space provided in Part 15. Additional Information or attach a separate sheet of paper. Type or print your name and Alien Registration Number (A-Number) (if any) at the top of each sheet; indicate the Page Number, Part Number, and Item Number to which your answer refers; and sign and date each sheet. … 4. USCIS Online Account Number (if any). If you have previously filed an application or petition using the USCIS online filing system (previously called USCIS Electronic Immigration System (USCIS ELIS)), provide the USCIS Online Account Number you were issued by the system. You can find your USCIS Online Account Number by logging in to your account and going to the profile page. If you previously filed certain applications or petitions on a paper form through a USCIS Lockbox facility, you may have received a USCIS Online Account Access Notice issuing you a USCIS Online Account Number. You may find your USCIS Online Account Number at the top of the notice. The USCIS Online Account Number is not the same as an A-Number. If you were issued a USCIS Online Account Number, enter it in the space provided. …	[page 4] … Translations. If you submit a document with information in a foreign language, you must also submit a full English translation. The translator must sign a certification that the English language translation is complete and accurate, and that he or she is competent to translate from the foreign language into English. The certification must also include the translator’s signature, printed name, the signature date, and the translator’s contact information. [page 5] Delivery Information. If your application is approved, your ensuing secure identity document (for example: Permanent Resident Card, Employment Authorization Document, Travel Document) may be delivered using the United States Postal Service’s (USPS) Signature Confirmation Restricted Delivery (SCRD) service. If SCRD is used for delivery, you will be required to sign for delivery of your document. You must provide identification as requested by USPS. If you are not able to sign for your document, you may designate an agent to sign on your behalf. To do this you must complete the US Postal Service Form 3801 and submit it to your local Post Office. Alternatively, if you would like your attorney or accredited representative to receive the document, please ensure that a Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, has been filed with USCIS. … 2. If you need extra space to complete any item within this application, use the space provided in Part 15. Additional Information or attach a separate sheet of paper. Type or print your name and Alien Registration Number (A-Number) at the top of each sheet; indicate the Page Number, Part Number, and Item Number to which your answer refers; and sign and date each sheet. … 4. USCIS Online Account Number. If you have previously filed an application or petition using the USCIS online filing system (previously called USCIS Electronic Immigration System (USCIS ELIS)), provide the USCIS Online Account Number you were issued by the system. You can find your USCIS Online Account Number by logging in to your account and going to the profile page. If you previously filed certain applications or petitions on a paper form through a USCIS Lockbox facility, you may have received a USCIS Online Account Access Notice issuing you a USCIS Online Account Number. You may find your USCIS Online Account Number at the top of the notice. The USCIS Online Account Number is not the same as an A-Number. If you were issued a USCIS Online Account Number, enter it in the space provided. …
Pages 6-9, What Evidence Must You Submit?	[page 6] … The two identical color passport-style photos must be 2 inches by 2 inches. The photos must be in color with a full face, frontal view, on a white to off-white background. Head height should measure between 1 inches and 1 3/8 inches from the top of your hair to the bottom of your chin, and eye height should measure between 1 1/8 inches and 1 3/8 inches from the top of your eyes to the bottom of the photo. Your head must be bare unless you are wearing headwear as required by a religious denomination of which you are a member. Using a pencil or felt pen, lightly print your name and A-Number (if any) on the back of the photo. …	[page 6] … The two identical color passport-style photos must be 2 inches by 2 inches. The photos must be in color with a full face, frontal view, on a white to off-white background. Head height should measure between 1 inches and 1 3/8 inches from the top of your hair to the bottom of your chin, and eye height should measure between 1 1/8 inches and 1 3/8 inches from the top of your eyes to the bottom of the photo. Your head must be bare unless you are wearing headwear as required by a religious denomination of which you are a member. Using a pencil or felt pen, lightly print your name and A-Number on the back of the photo. …
Pages 9-10, How to Apply With the Immigration Court	[page 9] … 5. A certificate confirming that you submitted these documents to the DHS attorney, unless you submit these documents at the hearing; and 6. Form G-325A, Biographic Information Sheet, if you are between 14 and 79 years of age. Submit copies of supporting documents by mailing to the EOIR immigration court and bring the originals with you to your hearing with an immigration judge. This is where you can find the address of all the immigration courts: https:// www.justice.gov/eoir/immigration-court-administrative-control-list. Any original documents you submit will not be returned to you. Remember to keep copies of your fee receipts and ASC appointment scheduling and confirmation notices for your records. Be prepared to provide copies of these documents to the immigration judge if asked to do so. …	[page 10] … 5. A certificate confirming that you submitted these documents to the DHS attorney, unless you submit these documents at the hearing. [deleted] Submit copies of supporting documents by mailing to the EOIR immigration court and bring the originals with you to your hearing with an immigration judge. This is where you can find the address of all the immigration courts: https:// www.justice.gov/eoir/immigration-court-administrative-control-list. Any original documents you submit will not be returned to you. Remember to keep copies of your fee receipts and ASC appointment scheduling and confirmation notices for your records. Be prepared to provide copies of these documents to the immigration judge if asked to do so. …
Pages 10-11, What Is the Filing Fee?	[page 10] … The filing fee for Form I-881 is $285 per individual application submitted, except that all immediate family members (spouse, child, unmarried son or unmarried daughter) who submit their applications together in a single package are eligible for the family filing fee of $570. A biometric services fee of $85 is also required for each applicant over 14 years of age. If you are applying with the Immigration Court, you must pay a $165 fee to the U.S. Department of Homeland Security (DHS). A single fee of $165 will be charged whenever applications are filed by two or more aliens in the same proceedings. [new] NOTE: The filing fee and biometric services fee are not refundable, regardless of any action USCIS or the Immigration Court takes on this application. DO NOT MAIL CASH. You must submit all fees in the exact amounts. … You will not receive your original check back. We will destroy your original check, but will keep a copy of it. If USCIS cannot process the EFT for technical reasons, you authorize us to process the copy in place of your original check. If your check is returned as unpayable, we will re-submit the payment to the financial institution one time. If the check is returned as unpayable a second time, we will reject your application and charge you a returned check fee. … Fee Waiver You may be eligible for a fee waiver under 8 CFR 103.7(c). If you believe you are eligible for a fee waiver and you are applying with USCIS, you must complete Form I-912, Request for Fee Waiver (or a written request), and submit it with any required evidence of your inability to pay the filing fee with this application. You can review the fee waiver guidance at www.uscis.gov/feewaiver. If you are in proceedings in Immigration Court, an immigration judge has the discretion to waive a fee for an application for relief if you show that you cannot pay the fee. See 8 CFR 1003.24. If you believe you are eligible for a fee waiver, file a written request with the Immigration Court, along with any required evidence of your inability to pay the filing fee with this application. For additional information on filing a request for a fee waiver, see the Immigration Court Practice Manual at www.justice.gov/eoir/office-chief-immigration-judge-0.	[page 11] … The filing fee for Form I-881 is $1,810 per individual application submitted. If you are applying with the Immigration Court, you must pay a $165 fee to the U.S. Department of Homeland Security (DHS). A single fee of $165 will be charged whenever applications are filed by two or more aliens in the same proceedings. In addition, each person applying with Immigration Court must pay a biometric services fee of $30 for USCIS to take their fingerprints and photograph, and, if required, their signature.  NOTE: The filing fee and biometric services fee are not refundable, regardless of any action USCIS or the Immigration Court takes on this application. DO NOT MAIL CASH. You must submit all fees in the exact amounts. … You will not receive your original check back. We will destroy your original check, but will keep a copy of it. If USCIS cannot process the EFT for technical reasons, you authorize us to process the copy in place of your original check. If your check is returned as unpayable, we may reject your application. … Fee Waiver Some forms may be eligible for fee waivers as provided in 8 CFR 106.3. For information on fee waivers, see Form I-912, Request for Fee Waiver at www.uscis.gov/i-912. If you are applying through an Immigration Court, see 8 CFR 1003.24 and 1103.7 for information on fee waivers.
Page 13, DHS Privacy Notice	[page 13] … DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information, including your Social Security Number (if applicable), and any requested evidence, may delay a final decision or result in denial of your application. …	[page 13] … DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information, including your Social Security Number (if applicable), and any requested evidence, may delay a final decision or result in a rejection or denial of your application. …

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