Information
General
What is the A# and the Alien Registration Number? Are they the same thing?
Yes, these are two terms for the same thing. The A# is a case number that USCIS assigns to certain people, and then (usually, for exceptions see below) stays with you for the rest of your life, much like a Social Security Number. Most people get their A# when they apply for adjustment of status. It is also assigned if you apply for an employment authorization document (such as an F-1 OPT), a V visa, find yourself in deportation proceedings, and in a number of other situations.
Many USCIS forms ask for the A#. If you do not have one yet, simply write "None".
There actually are four separate types of A#. You can tell them apart by the number of digits and the first digit. The first kind is an eight-digit A#. These are manually assigned at local offices. If you have one of these numbers, simply treated it as if it was "0" plus the number. Nine-digit A#'s that start with the digit 1 are used for employment authorization cards, usually related to students. Nine-digit A#'s that start with the digit 3 are used for fingerprint tracking of V visa applicants. All other nine-digit A#'s (these actually always start with a 0) are permanent A#'s and remain permanently with you for life.
Therefore, the rule is: if you are asked for an A# and have one, always give this A#, regardless of whether it starts with a 0, 1 or 3. If you have both a 0-A# and a 1-A# or a 3-A#, then use the one that starts with a 0.
Information from Legacy INS
This is the actual text of the information received from the legacy INS on this subject. The information was approved for publication on October 22, 2002 by Nancy Moser, then Deputy Director of the Missouri Service Center.
"INS generates several different types of "A" numbers. The 100 million numbers are computer generated and used exclusively for employment authorization cards. They are most often associated with student authorized work permits. However, effective December 2000, the 100 million numbers are also used for employment authorization cards for members under the Legal Immigration Family Unity Equity (LIFE) Act. The Service also issues 300 million series numbers. These numbers are used exclusively for fingerprint tracking associated with applications filed for V1, V2, or V3 status. These numbers should not be used for employment authorization cards. Finally, the Service issues "A" numbers which are not in the 100 million or 300 million series. These numbers (non-100 or 300 million series) can be traced in the Service Central Index System (CIS). If an alien has an "A" number listed in the CIS, that "A" number will be used on the employment authorization card (in lieu of the 100 million number)."
An attorney recently put it this way (reprinted by permission)
A numbers in the 1XX series were formerly used for student EADs. I believe they have been phased out (even before 9/11) in favor of "real" lifetime A numbers.
A numbers in the 3XX series are being issued for "V" visa holders, and are basically used to track fingerprints. This was an experiment along with the scanning and biometrics that were used for "V" cases -- part of the electronic capture of data called for an A number, so rather than redesigning the database, a series of fictitious A numbers were used.
Eventually, use of biometrics and electronic fingerprinting will be expanded to all cases. It is now being used for all K-3 cases filed with MSC as well as the new electronically-filed I-90s and I-765s.
Here's another piece of trivia: some people have 8-digit A numbers and some have 9-digit A numbers. In reality, all A numbers are 9-digit numbers now; USCIS information systems automatically append a leading zero to the 8-digit numbers. You can sometimes tell where an A number was assigned by the number of digits. If it was assigned at a Service Center, it will always have 9 digits because the CLAIMS III mainframes require a 9 digit entry. If it has 8 digits, chances are that it was assigned at a local office where either manual recordkeeping is still used. Many local offices do have CLAIMS access, but old habits die hard.
When we complete forms for a client who has a "real" A number, I always append a leading zero to make it easier for the data entry people even if the documents that the client has show only an 8 digit A number.
What is the non-immigrant visa number? There are two numbers on the visa stamp in my passport!
This question was suggested by James.
It is the red number. The black number is called a "control number" and is irrelevant for you.
Please note that when it comes to immigrant visas, the term "visa number" has a very different meaning related to the quota system.
How do I convert a tourist visa to a working visa?
This question was suggested by Jennifer.
First, let's clarify the terminology. As you can see from other questions on this page, there is an important distinction between visa and status. If you really are talking about visas then the answer is that visas can never be "converted". It would also be pointless to do so, since a visa is useless inside the USA. You would have to apply for a completely new one at a US consulate. Having a tourist visa in your passport won't usually make a difference when you apply for another type of visa.
But most people asking this type of question are actually referring to changing from tourist status rather than from a tourist visa. In this case, the answer is complex and depends on a number of details.
First of all, you need to check whether you arrived in the USA with a tourist visa, or on the visa waiver program. That's pretty easy to figure out. Look at the I-94 card in your passport. If it is green, you have a visa waiver. If it is white, you have an actual tourist visa.
With the visa waiver, there is no way you can change to *any* other status (except for "spouse of US citizen"). You would have to leave the USA before your 90 days are up and apply for a new visa of the appropriate category at a US consulate abroad. If you have a white I-94, you may be able to change status without leaving the USA.
The next thing you need to figure out is which status you want to change to. There is no such thing as a "generic working status" but there are quite a few individual categories that would allow you to work. Realistically, you would only be able to get a non-immigrant working status. The various categories are listed on my Visa Types List Page. In all cases, you would first have to find an employer willing to sponsor you. The employer would then file almost all the paperwork, and guide you through the remainder. With any of these categories, you would be allowed to work only for the sponsoring employer.
Can I use any consulate?
Generally, no, you need to use the designated consulate for your home country. Individual consulates can grant exceptions on a discretionary basis. There are a number of rules that govern this.
- Not all consulates issue visas in the first place. In many countries, only one or two consulate will issue non-immigrant visas, and even fewer will issue immigrant visas. You can find out which consulates handle what from the consulate's Web site (see the link list below).
- Only consulates in your home country are required to process your application (an exception applies to contries that do not have diplomatic relations with the US. For instance, Iranian citizens are expected to use the Rome consulate, with Frankfurt as an alternate). Most consulates will also allow local long-term residents to apply. In some other countries, third-country nationals (that is, people who don't live in the country where the consulate is located) may still ask to be processed. Most consulates, though, are too busy. Usually, consulates in Canada and Mexico are traditionally more generous than other consulates (but do be aware that if the visa is denied, you may be stuck in Canada or Mexico!)
- Certain people, such as people with prior immigration violations, must always apply in their home countries.
- If there is no consulate in your country, then there is another designated consulate that you may use. For instance, citizens from Iran can use the consulate in Rome, as well as a few others.
So why does everybody keep talking about "going to the embassy?"
What is the difference between a consulate and an embassy?
How do I file something with USCIS?
The procedures depend on the individual office and the type of case. Some district offices and local offices expect you to hand-carry applications and file in person. Other offices, and all service centers, require you to file by mail. The detailed instructions are available on the USCIS Web site. Today, most routine applications are filed by mail with a specific service center. Which service center you must use depends on both the type of case and where you live.
When mailing something, be sure to use certified mail, return receipt requested, and keep a copy of everything you mailed, usually for the rest of your life.
What are the differences between "out of status" and "unlawfully present"?
Quite a bit, actually. Out of status is somebody who has violated his status in some way, for instance by working. Unlawfully present is somebody whose I-94 has expired, or who entered without inspection (that is, walked or swam across the border). Somebody who is unlawfully present will also always be out of status, but the reverse is not necessarily true.
If you are unlawfully present, you have to worry about the three-year and ten-year bans - if you are only out of status, you don't. That is, if you have been unlawfully present for six months, and then leave the US for any reason, you cannot return for three years. If you have been unlawfully present for a year, you cannot return for ten years.
What's the deal with "immigration intent"?
US immigration law distinguishes between a non-immigrant visa and an immigrant visa. The law says, in effect, that "everybody who comes must have an immigrant visa, unless he proves that he does not plan to immigrate." There are a few exceptions from this rule. For instance, a fiancee visa (K visa) is for people who explicitly plan to immigrate. Also, certain long-term work visas (such as H-1 or L-1, and their families) are exempt from this rule.
And that means that it is your responsibility to provide evidence that you will return to your home country. If you can't, the consulate will assume that you have immigration intent and deny your visa.
Notice that I am saying "the consulate". It does happen that BCBP officers at the port of entry will look into immigration intent, too, but usually, they will defer to your visa and leave this work to the consulate.
Any hints for filling out USCIS forms?
Many of the forms come with outdated instructions that can trip you up. In particular, one item keeps confusing people. Never send any original documents to USCIS, unless explicitly requested by an officer (usually in an RFE). There are very few exceptions to this - of course, the forms themselves do need to be originals for instance. At some point in the past, it used to be INS policy to require and return originals, but today, they will not usually return any documents (they are way too overloaded for that!) Regular photocopies are perfectly acceptable, they don't even need to be certified.
USCIS has a Web site with more up to date information on this, and on how to get documents back that you sent in original but were not supposed to, at http://www.bcis.gov/graphics/howdoi/hdiorig.htm (sorry, this link is now defunct).
The second important thing to remember is to keep copies of everything you mail off. Mail your application using certified mail, return receipt requested (except for hand-carried applications, of course) and be sure to keep both the receipt and the copy of everything at least until the application is approved, and preferably for the rest of your life.
Where can I get immigration forms?
You are possibly going to deal with several different agencies, among them USCIS, CBP, Department of Labor, and Department of State (who runs US consulates abroad). For USCIS forms, please visit their Web site (see the links page). The only BCBP form that you are likely to encounter is the I-94, I-94W or I-94T, which are available from the airlines (usually distributed on the flight) as well as all port of entries.
For Department of State forms, please visit the consulate's Web site.
For Department of Labor, please visit their Web site on the lins page.
