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USCIS Issues New Form Editions Without Grace Period
In early 2025, USCIS released new editions of numerous immigration forms (including Form I-485, I-918, I-134, G-325A, and others) and required their use effective immediately, initially with no grace period for prior versions aila.org. This abrupt change meant older form editions would be rejected upon rollout of the new forms uscis.gov, catching many applicants and attorneys by surprise.
Substantively, the new form editions reverse certain inclusivity measures introduced in recent years. Notably, the “Another Gender Identity” option has been removed, leaving only binary “Female” or “Male” choices for gender on these forms. Additionally, USCIS has reinstated the term “alien” in place of “noncitizen” or “foreign national” throughout the forms and instructions. These terminology changes align with policy shifts under the new administration and mark a return to traditional legal language.
The immediate enforcement of new forms without an overlap period caused confusion, delays, and concern among applicants and legal practitioners. Applicants who unknowingly filed older versions risked rejection of their applications. In response to advocacy (including litigation by the American Immigration Lawyers Association, AILA), USCIS acknowledged the concerns. By March 8, 2025, USCIS updated its guidance to allow a short one-month grace period for these forms, meaning prior editions would be accepted until specified dates in March/April 2025.
This late concession provided some relief, but the window is brief – emphasizing the need for immediate compliance. Overall, the changes highlight a shift in administrative priorities (focusing on traditional terminology and data collection) and serve as a reminder that applicants must stay vigilant for sudden procedural updates.
Form I-485 – Application to Register Permanent Residence or Adjust Status
Gender Identification
Terminology and Wording
Public Charge and Other Content
Structural Format
Instructions and Other
Form I-485 Supplement A – Adjustment under Section 245(i)
Purpose – Content Changes – Format
Form I-485 Supplement J – Confirmation of Job Offer (for Employment-Based Applicants)
Purpose – Content Changes – Formatting
Form I-918 – Petition for U Nonimmigrant Status
Gender Field – Terminology – Other Content – Format/Structure
Form I-914 – Application for T Nonimmigrant Status
Gender Field – Terminology – Content – Formatting
Form I-192 – Application for Advance Permission to Enter as a Nonimmigrant
Purpose – Changes – Formatting
Form I-134 – Declaration of Financial Support
Purpose – Changes – Structural/Formatting
Form G-325A – Biographic Information (for Deferred Action)
Purpose – Changes – Formatting
Form I-131 – Application for Travel Document (now titled “Application for Travel Documents, Parole Documents, and Arrival/Departure Records”)
Title and Scope – Gender Field – Content/Use – Formatting
Form N-400 – Application for Naturalization
Gender Field – Terminology – Other Content – Formatting
Form I-356 – Request for Cancellation of Public Charge Bond
Purpose – Changes – Formatting
Employment-Based Applicants
Adjustment of Status (I-485)
Supplement J (Job Offer Confirmation)
Nonimmigrant Workers and Sponsors
Nonbinary / Transgender Applicants in EB category
Family-Based Applicants
Adjustment of Status (I-485)
Financial Support Forms (I-864 vs I-134)
Biographic Information (G-325A)
Immigrant Visa (Consular) Applicants
Asylum Seekers and Humanitarian Applicants
Form I-589 (Application for Asylum)
Form I-131
Form I-918 (U visa for crime victims)
Form I-914 (T visa for trafficking victims)
Form I-192 (waiver of inadmissibility)
Form I-134
Form I-821 (Temporary Protected Status)
Form I-821D (DACA recipients)
Form I-589 (Asylum Seekers)
U Visa Applicants (Victims of Crime)
T Visa Applicants (Victims of Trafficking)
VAWA Self-Petitioners
Humanitarian Parole Programs
Refugee/Asylee Derivatives & Travel
Investors and Entrepreneurs
International Entrepreneur Parole (Form I-941)
EB-5 Investors (Form I-526 and I-829)
E-2 Investors or Other Entrepreneurs
Other Relevant Categories and Applicants
Naturalization Applicants
DACA Recipients
Students and Exchange Visitors
Attorneys and Preparers
Recommendations for Applicants
1. Always Use the Latest Form Version
2. Double-Check Filing Instructions and Fees
3. Fill Out Forms Completely and Accurately (No Blanks for Gender)
4. Anticipate and Prevent Rejection Issues
5. Plan for the End of Grace Periods
6. Leverage USCIS and Legal Resources
7. Prepare for Potential Processing Delays
8. Stay Informed on Future Changes
9. Consider Impact on Personal Situation
10. Monitor Your Case Status and Correspondence
The following is a side-by-side comparison of the old and new versions of each major form affected by the updates. It highlights structural modifications, content updates, formatting adjustments, and other notable differences introduced in the edition dated 01/20/2025 (now the current edition for all forms below). In general, most changes across forms are consistent – mainly the removal of non-binary gender options and the return of the term “alien” – but specific forms have unique adjustments as detailed:
Form I-485 – Application to Register Permanent Residence or Adjust Status
Gender Identification:
Old Version – Allowed three gender options (“Male,” “Female,” and “Another Gender Identity”) for the applicant’s sex/gender.
New Version – The form now permits only binary options (“Female” or “Male”), eliminating the nonbinary/“Another Gender Identity” choice. The field label itself was changed from “Gender” to the more biological term “Sex,” reflecting the narrowed options.
Terminology and Wording:
Old Version – Used the word “noncitizen” (or “foreign national”) in various questions and instructions when referring to the applicant or others (consistent with the prior administration’s language policy).
New Version – Reverts to the term “alien” in all references to individuals who are not U.S. citizens. For example, instructions regarding inadmissibility and public charge now refer to “the alien” instead of “the noncitizen,” and any mention of immigration status uses the statutory term “alien.” This change appears in sections related to public charge determinations and military service exemptions, among others, but otherwise does not alter the legal criteria being discussed.
Public Charge and Other Content:
Old Version – Reflected the 2022 public charge rule (with relatively limited evidence requirements) and did not use the term “alien.”
New Version – No change in substantive eligibility questions or evidence requirements for public charge; however, wording in the form instructions and any relevant form items now uses “alien” consistently. The content of questions (e.g. regarding criminal history, security, immigration violations) remains the same. There is no new eligibility criterion introduced on the form; the changes are primarily linguistic.
Structural Format:
Old Version – The form had the gender question with a third checkbox and used labels like “USCIS Online Account Number” alongside “A-Number.”
New Version – With the removal of one checkbox, the overall layout is slightly adjusted (the space for the gender question now has two checkboxes instead of three). Question numbering and section ordering on Form I-485 remain unchanged aside from this omission – for instance, the questions that followed the gender question keep the same numbers. Any references to an “USCIS Account Number” vs. “Alien Registration Number” are now standardized to just “Alien Registration Number (A-Number)” in the form and instructions (the form explicitly uses the legal term “Alien” again). These formatting tweaks are minor; the form’s length and section structure are essentially the same as the previous edition.
Instructions and Other:
Old Version – Included inclusive language and possibly FAQs about the gender field (since the “Another Gender Identity” had been introduced in 2023).
New Version – Instructions no longer mention the third gender option and may instruct applicants to select a sex that matches their documents. All occurrences of “noncitizen” in the instructions (for example, in explaining eligibility categories or grounds of inadmissibility) are replaced with “alien”. No additional instructions or evidentiary requirements were added. Filing instructions (addresses, fee amounts) remain the same except that applicants must use this 01/20/25 edition; USCIS explicitly notes that as of April 3, 2025, it will reject prior editions of Form I-485 uscis.gov.
Form I-485 Supplement A – Adjustment under Section 245(i)
Purpose:
Supplement A is used by certain applicants adjusting status under INA 245(i) (typically those with old immigration violations who pay a penalty fee). The changes mirror those on the main I-485.
Content Changes:
Old vs New – The gender item removal and terminology switch to “alien” apply here as well. If the supplement collects any biographic information from the applicant, it now only recognizes male/female. Any reference in instructions to the person (such as “the immigrant under 245(i)”) now uses “alien.” No changes to the eligibility questions about grandfathering under 245(i) were made – the supplement still asks about the petition or labor certification date, etc., in the same manner.
Format:
No significant structural alterations; the supplement remains a short form to be filed with the I-485 if needed. The edition date is updated to 01/20/25, and USCIS set the same April 3, 2025 cutoff for using old versions uscis.gov.
Form I-485 Supplement J – Confirmation of Job Offer (for Employment-Based Applicants)
Purpose:
Supplement J is filed to confirm a bona fide job offer or request portability to a new job under INA 204(j) for certain employment-based adjustment applicants.
Content Changes:
Old vs New – This supplement primarily collects the applicant’s and employer’s information and a job description. The new edition does not appear to add or remove any sections; however, if there were any fields for gender/sex of the applicant or other parties, they would now be limited to male/female (most likely, Supplement J did not ask for gender since it’s focused on the job offer). The main change is in terminology: any mention of the applicant as a “foreign national” or “noncitizen worker” in instructions is now “alien.” For example, the form’s certification wording might now read “confirm that the job offer to the alien remains available…” whereas previously “to the noncitizen” might have been used.
Formatting:
The structure (sections for applicant info, petitioner info, job details) remains identical. The edition date updated to 01/20/25; USCIS initially required immediate use, then allowed prior versions until April 3, 2025 uscis.gov.
Form I-918 – Petition for U Nonimmigrant Status
Gender Field:
Old Version – Allowed “another gender identity” option for the petitioner (applicant) and any derivatives’ gender, in addition to male/female.
New Version – Allows only “Male” or “Female,” removing any non-binary option. U visa petitioners must now select one of the two, aligning this form with the new binary-only standard.
Terminology:
Old Version – Used terms like “self-petitioner” or “applicant” and generally avoided “alien” in favor of “individual” or “person.”
New Version – Replaces references with “alien” where applicable. For instance, in instructions regarding inadmissibility waivers (many U applicants also file Form I-192), the text now refers to the “alien petitioner”. However, the core requirements for U visa eligibility (proof of being a crime victim, helpfulness to law enforcement, etc.) remain unchanged.
Other Content:
No new questions were added to Form I-918. The certification from law enforcement (Form I-918, Supplement B) remains required and unchanged in substance. The primary differences are linguistic – aligning terms with statutory language – and ensuring the form reflects the updated edition date.
Format/Structure:
No structural changes (same sections for applicant info, qualifying crime details, etc.). The edition date is 01/20/25, and after an initial announcement of no overlap, USCIS is allowing the prior edition through May 5, 2025 uscis.gov (a slightly longer grace period for U visas, likely recognizing the complexities in coordinating certification documents) before rejecting old versions.
Form I-914 – Application for T Nonimmigrant Status
Gender Field:
Old Version – Included an “Another Gender Identity” option for applicants (victims of trafficking).
New Version – Only “Male” or “Female” may be selected, removing any third option. This mirrors the change on Form I-918 and I-485.
Terminology:
Old Version – Used “applicant” or “individual” language;
New Version – Refers to the applicant as “alien” in formal instructions. For example, statements about eligibility (being physically present on account of trafficking, etc.) would now describe “the alien” instead of “the applicant” in legal reasoning sections, to conform to standard legal terms.
Content:
No substantive eligibility changes – the form still asks about the trafficking circumstances, cooperation with law enforcement, etc., exactly as before. Evidence requirements (such as providing personal statements and supporting documentation) are unchanged. Only the descriptors have changed (gender and terminology).
Formatting:
No new sections or reordering. The form’s edition is 01/20/25; USCIS originally required immediate use but now accepts the prior edition until March 24, 2025 uscis.gov.
Form I-192 – Application for Advance Permission to Enter as a Nonimmigrant
Purpose:
This form is a waiver application for certain inadmissible noncitizens (now aliens) who need permission to enter the U.S. temporarily. It’s commonly used by U and T visa applicants, VAWA self-petitioners, and others ineligible for a visa or admission without a waiver.
Changes:
Old vs New – The title and purpose remain the same, but language is adjusted. Notably, the form’s instructions now refer to the applicant as an “alien” seeking advance permission instead of “person” or “nonimmigrant” in a general sense. If the form asked for gender (applicant’s biographical info), it is now binary-only (consistent with all other forms). There were no structural additions; the form still requires explanation of inadmissibility and supporting evidence (e.g. why a waiver is merited) just as before.
Formatting: Minimal change besides the edition date update (01/20/25). The prior edition of Form I-192 is accepted until April 3, 2025 aila.org.
Form I-134 – Declaration of Financial Support
Purpose:
Form I-134 is an affidavit of support used in certain circumstances (for example, sponsors of visitors or parolees use it to show they will support the beneficiary financially; it’s also used for K-1 fiancé(e) visa sponsors).
Changes:
Old vs New – The content of the financial support declaration remains the same (sponsor provides information about income, assets, and the beneficiary). However, any fields capturing personal information of the sponsor or beneficiary adhere to the new standards. If the form collected the gender of the beneficiary or sponsor, those fields are now just “Male” or “Female” (the previous edition had an option for “Another Gender Identity” if it collected gender – it likely did, as it asks biographical info of the person being supported). Now, the sponsor must designate the beneficiary’s sex as either male or female. All references to “person being supported” in instructions might now say “alien” if referring to the immigrant benefiting from support. For example, where it might have said “the individual for whom you are providing support,” it could now read “the alien for whom you are providing support,” aligning with the reinstated terminology.
Structural/Formatting:
No major structural changes; Form I-134 is still a relatively short form. One notable clarification is that USCIS has distinguished Form I-134 (Declaration of Financial Support) from the newer Form I-134A (Online Request to be a Supporter for parole) – the update of I-134 does not affect I-134A, which is a separate process. The edition date updated to 01/20/25 and prior editions are accepted through April 3, 2025 aila.org.
Form G-325A – Biographic Information (for Deferred Action)
Purpose:
Form G-325A was historically used to collect biographical data (such as names, birth dates, addresses, and employment history) for certain applications. It was discontinued for most cases a few years ago (with information collected directly on main forms), but USCIS has reintroduced G-325A specifically for Deferred Action cases aila.org. The new edition is dated 01/20/25.
Changes:
Old vs New – The old version of G-325A (last used widely before being retired) included fields for name, alias, date of birth, gender, marital status, residence and employment history, etc. The new G-325A is likely very similar in content, but updated to current standards. The gender field on G-325A is now binary-only (previously, when last used, it only had male/female; it never had a nonbinary option because it hadn’t been updated during the brief period those options were introduced elsewhere). The main change is that USCIS is now requiring this form again for certain Deferred Action requests – a structural change in process. For example, beneficiaries of approved family-based visa petitions who receive deferred action, or those in U visa backlog granted deferred action, may need to submit the new G-325A for background checks.
Formatting:
The form remains one page long (as in the past) and captures the biographic data in a standardized format. The edition date is 01/20/25 and USCIS will not accept previous (obsolete) versions after April 3, 2025 aila.org. Essentially, this is a revival of a form that had been phased out; its reintroduction itself is a notable change, aimed at ensuring USCIS collects detailed background info for deferred action cases.
Form I-131 – Application for Travel Document (now titled “Application for Travel Documents, Parole Documents, and Arrival/Departure Records”)
Title and Scope:
The new edition of Form I-131 has an expanded title, explicitly referencing Parole Documents and Arrival/Departure Records aila.org. This suggests a slight broadening or clarification of the form’s scope.
Old Title – “Application for Travel Document” (covering re-entry permits, refugee travel documents, advance parole).
New Title – “Application for Travel Documents, Parole Documents, and Arrival/Departure Records,” indicating the form may now also be used to request or replace an I-94 (arrival/departure record) in certain cases. The inclusion of “Arrival/Departure Records” is new and may relate to processes for those seeking a documented entry record or parole entry documentation.
Gender Field:
Old Version – Included a gender field (likely with Male/Female/Other if updated under the prior admin’s inclusivity policy).
New Version – Binary only (Male or Female) for the applicant’s sex, consistent with other forms. Applicants for re-entry permits or advance parole must now choose one of the two, as the “X” or third option is removed.
Content/Use:
The core uses of Form I-131 remain: applying for a re-entry permit (for permanent residents), a refugee travel document (for asylees/refugees), or advance parole (for those with pending applications needing to travel). The new mention of “Parole Documents” likely covers humanitarian parole requests as well, and “Arrival/Departure Records” could mean if someone needs a replacement I-94 or official evidence of entry, they might use I-131 instead of the older Form I-102. However, no major new sections were added – the form still asks for the class of document requested and supporting information (dates of travel, purpose, etc.). Instructions have been updated to use “alien” terminology where appropriate. For instance, when explaining eligibility for a re-entry permit, it might now say “If you are a permanent resident alien who will be outside the U.S. for over a year…” etc.
Formatting:
Aside from the title change and removal of the nonbinary checkbox, formatting is similar. The edition is 01/20/25; prior editions (which were dated 08/24/22, for example) are acceptable only until April 4, 2025 uscis.gov. After that, any submission must use the new form or it will be rejected.
Form N-400 – Application for Naturalization
Gender Field:
Old Version – The N-400 asks for the applicant’s gender as part of their biographical information. Under the 2023 edition, it likely offered “Male,” “Female,” or “Another Gender Identity.”
New Version – Only “Male” or “Female” can be selected, removing the inclusive option. This is a straightforward change on the form’s first page.
Terminology:
Old Version – Generally, the N-400 form and instructions refer to the applicant as “you” (since it’s filled out by the applicant themselves) and didn’t often use the term “noncitizen” except perhaps in describing eligibility (e.g., “a noncitizen national of the U.S. may also use this form”).
New Version – Any references in instructions to “noncitizen” or “foreign national” are replaced with “alien.” Importantly, the USCIS Policy Manual on citizenship was updated to use “alien” for lawful permanent residents where appropriate uscis.gov, and the N-400 instructions align with that. For example, discussion of continuous residence might refer to time the “alien has spent outside the US” in legal terms. The oath and substantive eligibility questions (about good moral character, loyalty, etc.) are unchanged.
Other Content:
No new questions were added to the naturalization application. The controversial 2020 civics test changes were already dealt with separately; this form update does not introduce anything new on that front. It is purely an edition update for consistency with the new administration’s standards.
Formatting:
The form retains the same number of pages and sections (information about residence, employment, trips abroad, moral character, etc.). The edition date is updated to 01/20/25, and USCIS will require this version for any applications post-April 4, 2025 (with the previous edition accepted through April 3, 2025) uscis.gov.
Form I-356 – Request for Cancellation of Public Charge Bond
Purpose:
This form is used to cancel a public charge bond that was posted on behalf of an immigrant. (Public charge bonds were seldom used in recent years, since the 2019 public charge rule that introduced them was vacated; however, a few cases might still have bonds in place, and the new administration could use this mechanism again in future policy.)
Changes:
Old vs New – The content remains focused on requesting bond cancellation, which requires showing the immigrant has either naturalized, left the U.S., died, or has been a resident for 5 years without becoming a public charge uscis.gov. The new edition likely updates terminology, referring to the bonded individual as an “alien” (e.g., “once the alien has become a U.S. citizen, you may request cancellation of the bond”). The form did not have a gender field in the past (it primarily identifies the individual by name and A-Number), so the gender binary issue is not directly relevant here. No structural changes were made; it’s a simple form.
Formatting:
Same format, with updated edition date 01/20/25. Initially, only the new form would be accepted, but after outcry, the prior edition is accepted until March 24, 2025 aila.org. The mailing address and filing instructions remain the same. The instructions continue to cite the legal authority for bond cancellation (INA 213, 8 CFR 103.6) uscis.gov and direct where to file uscis.gov, unchanged except for using “alien” consistently.
Aside from the specific points above, all these forms now carry the edition date 01/20/25, reflecting approval by the Office of Management and Budget (OMB) on that date. USCIS typically prints the edition date at the bottom of each page of the form. Applicants must ensure all pages of the form they submit are from the same edition and that none are missing uscis.gov. USCIS has warned it will reject filings that mix pages from old and new editions or have missing pages. In summary, the old versions vs. new versions differ mainly in two areas: (1) removal of certain fields/options (gender identity) and (2) word substitutions (alien vs noncitizen). Structurally and legally, the forms ask for the same information and have the same filing scope as before, with minimal formatting tweaks (such as revised titles or updated form numbers on each page). Applicants and petitioners must use the new versions going forward, as prior editions will be rejected after the brief grace periods noted above aila.org.
The recent form changes affect a wide range of applicant categories in the U.S. immigration system. Below is an analysis of how different groups are impacted:
Employment-Based Applicants
Forms Affected:
Employment-based immigrants and nonimmigrants are primarily touched by changes to Form I-485 and its supplements (for those adjusting status based on a job offer or labor certification) and Form I-131 (Advance Parole for those with pending employment-based AOS). Additionally, if they later naturalize, the N-400 changes apply. Employment-based applicants filing petitions like Form I-140 or Form I-129 are indirectly affected to a lesser extent (those forms had been updated earlier for the 2024 fee rule uscis.gov and already use “alien” in their titles, e.g. Petition for Alien Worker).
- Adjustment of Status (I-485): Many high-skilled workers (H-1B, L-1, etc.) transitioning to permanent residence through employer sponsorship must file Form I-485. These applicants now need to use the updated I-485 edition aila.org. Substantively, there is no change to eligibility – their ability to adjust status is the same. However, they should be aware that if they previously would have selected an “X” gender marker, they no longer can. In practice, most employment-based applicants will simply check “Male” or “Female” as appropriate, so this change has minimal impact on the majority, except for non-binary individuals (discussed below). More significantly, employment-based filers (and their attorneys) must ensure they submit the correct form edition, since any old version filed after the cutoff date will be rejected, potentially jeopardizing time-sensitive green card processes. This is especially critical for cases nearing visa number availability deadlines or age-out situations. In short, the impact is mostly procedural – they need to download and use the new forms immediately to avoid delays.
- Supplement J (Job Offer Confirmation): Applicants with pending employment-based I-485 cases changing jobs under AC21 portability or completing the process must submit Supplement J. The changes here (terminology) do not affect the substance of job portability or verification of an offer. Employers and immigrants just need to use the new form and will notice the language now refers to the worker as an “alien” again. There is no policy change in how USCIS adjudicates job offer validity; it’s purely a formality of using the new edition.
- Nonimmigrant Workers and Sponsors: Forms like the I-129 (used for H-1B, L-1, O-1, etc.) were not part of this immediate update cycle (they were recently updated in 2024 for new fees). However, employers petitioning for nonimmigrant workers should keep an eye on form instructions and policy terminology – USCIS policy guidance now uses “alien” throughout, which could signal future form revisions for these categories as well uscis.gov. For now, the main impact on nonimmigrant employment-based cases is indirect: if any supporting forms (e.g., an I-134 for a work visa holder’s dependents or an I-131 for travel on advance parole) are needed, those must be the new versions.
- Nonbinary / Transgender Applicants in EB category: A small but important subset of employment-based applicants – those who identify as nonbinary or transgender – could feel a personal impact. If an applicant’s gender identity does not fit “male” or “female,” they must now choose one for the purposes of the form. This could cause discomfort or concern about mismatched records. For example, a transgender applicant who has an “X” gender on their passport might now have to select “Male” or “Female” on the I-485, which could create a discrepancy. USCIS has not issued specific guidance for this scenario, but the practical advice is to select the gender that corresponds to other official documents (passport, birth certificate, etc.) to minimize confusion. While this is a cross-cutting issue affecting all categories, employment-based applicants tend to have representation (lawyers or employer HR) who can guide them through it. They should also be aware that leaving the gender field blank is not advisable – it could trigger a rejection or RFE. In summary, for EB applicants, compliance with the new form versions is the key impact; their substantive immigration process (priority dates, eligibility for visas) is unchanged.
Family-Based Applicants
Forms Affected:
Family-based immigrants use many of the updated forms as well: Form I-485 (for those applying for green cards through marriage, parents, children, etc.), possibly Supplement A (245(i) cases in family context), Form I-130 (Petition for Alien Relative, which notably already uses “Alien” in its title – it wasn’t updated in this round, but it’s worth noting the terminology was always traditional there), Form I-134 (used by some family-based applicants for financial support in cases where the I-864 is not required, such as K-1 fiancé(e) visa stage or certain parole programs), and Form I-131 (advance parole for those with pending family AOS, or re-entry permits for LPRs). Also, if they later naturalize, N-400 changes apply.
- Adjustment of Status (I-485): Spouses, parents, children, and other relatives adjusting status in the U.S. must use the new I-485 edition aila.org just like employment-based applicants. The impact here is procedural (use the correct form) and linguistic. There is no change to who qualifies for adjustment (e.g. immediate relatives remain immediate relatives), and the form questions are the same. Family applicants should be mindful that if they prepare forms in advance (for example, some applicants might have filled out an I-485 weeks or months ago while gathering documents), they will need to discard any old version and refiled on the new 01/20/25 version or risk rejection. Given that family-based cases often involve petitions and forms for multiple people (e.g., a U.S. citizen petitioner, a beneficiary, possibly derivative children), using the latest forms for each is critical – although the I-130 petition itself was not part of this specific update, the I-485 and others are. The use of “alien” on the I-485 may feel jarring to applicants (especially since the previous administration had shifted to the friendlier “noncitizen”), but there is no negative legal effect – it’s a stylistic/regulatory term. Applicants might notice terms like “alien registration number” on forms and instructions, which had been called “USCIS number” by some – this is essentially the same A-Number they’ve always had.
- Financial Support Forms (I-864 vs I-134): The primary affidavit of support for most family immigrants is Form I-864, which was not updated in this batch (and it already uses “sponsor” and “alien” terminology mandated by law). However, Form I-134 was updated. Family-based applicants may encounter I-134 in certain situations: for example, a U.S. citizen petitioner brings a fiancé(e) on a K-1 visa – at the visa interview the petitioner must provide Form I-134 to show capability to financially support the fiancé(e). Those petitioners now must use the new I-134 edition (with “alien” language and no third gender option). Similarly, if a family-based immigrant is paroled into the U.S. for humanitarian reasons, sponsors may have used I-134 (as was done under programs like Uniting for Ukraine or parole for Venezuelans, etc. before I-134A existed). Going forward, any use of I-134 must be on the new form. The impact on these family sponsors is minor: they need to download the new form and fill it out, and they might notice the language shift (the person being supported is referred to as an “alien” on the form). There’s no change in the financial criteria or required evidence (pay stubs, bank statements) for support.
- Biographic Information (G-325A): In the past, spouses filing I-130 petitions had to submit Form G-325A for themselves and the beneficiary to provide biographic history. That requirement was eliminated a few years ago when forms were streamlined. The G-325A is now back but only for deferred action cases – typical family-based applicants do not need to submit a G-325A with an I-130 or I-485 in 2025 (the biographic info is already captured in those forms). So for most family-based immigrants, the reissuance of G-325A has no direct impact. It’s targeted to deferred action contexts (likely U visa waitlists, etc.).
- Immigrant Visa (Consular) Applicants: Those pursuing family visas via consular processing aren’t directly using USCIS forms like the I-485, but they might use I-864 and DS-260 (State Department forms). The DS-260 (online immigrant visa application) is a State Department form that did allow an “X” gender marker. If the State Department follows the lead of USCIS and the administration’s policy, consular applicants might see changes in the visa application process as well (though as of this update, the State Department had already removed the “X” from passports). For now, the main effect is if a consular applicant’s petitioner had to submit any USCIS form (e.g., an I-130 or I-864 or I-134) – they need to ensure those are on current editions. Petitioners for family visas should double-check the USCIS Forms Updates page before sending forms to NVC or USCIS.
Overall, family-based applicants experience similar impacts as employment-based: the need to comply with new form editions immediately, and a reversion in language. There may be an emotional or psychological impact for some – for instance, some applicants or petitioners might feel the return of the word “alien” is less welcoming. Practically, however, their cases will not be judged differently because of these form changes. It’s crucial they use the new forms to avoid rejections that could separate families or delay reunification.
Asylum Seekers and Humanitarian Applicants
Forms Affected:
Asylum seekers and refugee applicants are not directly filing forms like I-485 or I-918 at the initial stage, but humanitarian categories are broadly impacted by several updated forms:
- Form I-589 (Application for Asylum) was not updated in this batch (asylum seekers continue to use the existing edition). However, if an asylum seeker later applies for a green card after one year of asylum status, they will use the updated I-485 (with the new requirements).
- Refugees and asylees applying for a Refugee Travel Document use Form I-131, which is updated as described (binary gender only, new title) and must be the new edition.
- Form I-918 (U visa for crime victims) and Form I-914 (T visa for trafficking victims) were directly updated and have significant humanitarian applicant populations.
- Form I-192 (waiver of inadmissibility) is often filed by U and T applicants (and VAWA self-petitioners if they need a waiver) – this form is updated and affects those populations.
- Form I-134 could be used by supporters of certain humanitarian parole programs (for example, family reunification parole or others) – those supporters now need the new form.
- TPS (Temporary Protected Status) applicants use Form I-821 (not in this update cycle) and DACA recipients use Form I-821D (also not updated now). But if TPS holders adjust status or apply for advance parole, the new forms apply.
- Asylum Seekers (Form I-589): No immediate change to the asylum application form itself at this time. Asylum seekers can continue to file the existing I-589. However, they should be aware of the broader policy environment: the USCIS Policy Manual and communications now refer to applicants as “aliens” again uscis.gov, which could signal future form or policy tweaks. More pressing is for asylees/refugees who need to travel: they must use the new I-131 for Refugee Travel Documents – a critical document for those who fled persecution and need a passport-substitute. Using an outdated I-131 could result in rejection and loss of travel opportunity.
- U Visa Applicants (Victims of Crime): U visa seekers (who are often in the U.S. waiting in a long backlog) must now ensure any new Form I-918 they submit (or any re-filing) is on the 01/20/25 edition uscis.gov. For those already with pending cases, the main impact is if they had an RFE or need to submit an updated form (or if filing for extension of status, etc.) – they should use the new form. The removal of the gender identity option can be sensitive: LGBTQ+ individuals, including some U visa applicants who are victims of hate crimes or domestic violence, may have identified as nonbinary or transgender. They will now face the same challenge of selecting a binary gender on forms. This could cause distress or fear that their identity is not recognized by the system. While this doesn’t change the merits of their case, it’s an additional hurdle in an already difficult process. Advocates may need to counsel these applicants to choose the option that best aligns with their other IDs to avoid confusion, and possibly note it in a cover letter if relevant. The use of “alien” in U visa instructions (for example, discussing inadmissibility waivers or eligibility requirements) does not change any benefits – U applicants are still eligible for work permits, deferred action, etc., as before. It’s largely a shift in tone and language.
- T Visa Applicants (Victims of Trafficking): Similar to U applicants, T applicants (often also vulnerable individuals) must use the new I-914 form. The considerations are alike: making sure attorneys and organizations assisting trafficking victims are aware of the edition change (to avoid old forms being sent, which could lead to rejection of a trafficking victim’s application – a grave outcome if missed). The content changes won’t affect how a trafficking claim is evaluated; they’re administrative. T applicants often also file Form I-914, Supplement B (law enforcement endorsement) – that supplement likely did not change, but it should be submitted with the principal form which did change. So, coordination is needed to ensure the principal I-914 is current. As with U’s, nonbinary trafficking victims will now not see themselves represented in the gender field, which is an unfortunate step back inclusivity-wise and could be disheartening, though it does not reduce their eligibility.
- VAWA Self-Petitioners: VAWA (Violence Against Women Act) self-petitioners use Form I-360 to petition. Form I-360 was not listed among the updated forms in this batch. However, VAWA beneficiaries often file for adjustment of status (I-485) or for advance parole (I-131) or inadmissibility waivers (I-601, I-212 if needed – those forms weren’t mentioned either). So indirectly, once a VAWA self-petitioner is filing for a green card, they face the new I-485 with the same gender/terminology changes. Additionally, if a VAWA self-petitioner has an approved petition but must wait for a visa number, they might use deferred action in the meantime – USCIS could require the new G-325A for deferred action cases, which might include some VAWA cases. So that is a potential impact: such individuals may be asked to submit a G-325A biographic form now, which previously wasn’t required, to facilitate background checks while on deferred action.
- Humanitarian Parole Programs: In recent years, USCIS rolled out special parole programs (for Ukrainians, Venezuelans, family reunification, etc.) using either Form I-134 or I-134A. The I-134 change (new edition) means supporters/sponsors in these programs must submit the new form where applicable. If they mistakenly use an old I-134, their sponsorship could be rejected, delaying parole for someone abroad in need. The impact is mainly on the paperwork side; there’s no change in criteria to be a supporter. It’s worth noting that these programs emphasized inclusivity before; now the language might be less so (using “alien” for beneficiaries), which could signal a shift in tone by the administration towards even humanitarian entrants.
- Refugee/Asylee Derivatives & Travel: Refugees abroad and asylee/refugee family reunification cases (Forms I-730) are not directly changed. But a refugee who adjusts to a green card (after 1 year) uses I-485 (updated), and an asylee who needs to travel uses I-131 (updated). The impact on them is straightforward: use new forms, and be aware of terminology. Asylees and refugees generally are familiar with being called “aliens” in law, so that may not be surprising. Removing the “X” gender marker could be more impactful if any asylee had their sex listed as “X” on some documents (the State Department’s removal of “X” on passports might have already forced many to revert to binary for travel docs).
In summary, humanitarian applicants are impacted in ensuring form compliance and facing a less inclusive form format. The humanitarian category often has representation from non-profit legal service providers; those providers have had to mobilize quickly to update form packages and inform clients. The lack of a grace period initially was particularly concerning for this group – e.g., a pro se asylum seeker could easily mail an old I-131 and lose precious weeks. The slight grace period now in effect (till late March or early April for most forms) is helping mitigate immediate fallout, but going forward the new norms will apply to all humanitarian filings.
Investors and Entrepreneurs
Forms Affected:
The investor/entrepreneur community is primarily affected by the update to Form I-941, Application for Entrepreneur Parole aila.org. Additionally, some might use Form I-485 (for EB-5 investors adjusting status to permanent residence) and Form I-131 (if obtaining a re-entry permit or advance parole), and eventually N-400 for naturalization.
- International Entrepreneur Parole (Form I-941): This form, used by startup founders to request parole to work on their startup in the U.S., was updated to the 01/20/25 edition aila.org with immediate effect (and now a short grace period to March 24, 2025).
- Impact: Entrepreneurs applying for this program must use the new form; old editions will be rejected. The content changes mirror others: the form likely asks for the applicant’s biographical information including gender – now restricted to male/female. Any references to the entrepreneur in instructions (previously “individual” or “applicant”) might use “alien” (e.g., “alien entrepreneur”). The criteria for the parole (like ownership stake, capital investment raised, etc.) remain exactly the same, so the rule and evidence needed (proof of investment, proof of role in the startup) are unaffected. For many, the impact is minor: this is a relatively small population of highly educated entrepreneurs who will adapt to the form change easily. They should, however, ensure they have the correct edition when applying, especially since some may have been preparing applications under the assumption of the previous form. Any delay from using an outdated form could disrupt timing (for example, if someone’s NIV status is expiring and they need parole quickly).
- EB-5 Investors (Form I-526 and I-829): Interestingly, the main investor green card forms (I-526 petition for investor and I-829 petition to remove conditions) were not part of this update. They likely still use their prior editions. However, EB-5 investors already see the term “alien” in the title of Form I-526 (“Immigrant Petition by Alien Entrepreneur”) – which was always there by statute. So in a sense, EB-5 processes already used traditional terminology and are unaffected by the language reversion. If an EB-5 investor is adjusting status in the U.S., they use Form I-485, which as described has changed. This means their adjustment application must be on the new form and if the investor was someone who would have used an “X” gender marker (perhaps rare in this category, but possible), they cannot now.
- Impact on EB-5 cases: minimal beyond using the new form. Similarly, if an investor travels on advance parole or applies for a re-entry permit (many EB-5 investors travel frequently), they’ll need the new I-131.
- E-2 Investors or Other Entrepreneurs: While not a USCIS immigrant benefit, some entrepreneurs in E-2 status might apply for a change of status or extension using Form I-129. The I-129 was updated last year for fees and likely already dropped the “gender identity” option or never had it. That aside, if any of these entrepreneurs have to file forms like I-131 (for travel documents) or eventually adjust status through a different category, they face the same changes as others.
In summary, investors and entrepreneurs face a straightforward adjustment: ensure the forms they use (notably I-941 for parole) are the latest version. They tend to have counsel and resources to stay updated, so the risk of using an old form is lower. The substantive requirements for their immigration benefits have not changed at all with these form updates.
Other Relevant Categories and Applicants
Beyond the groups above, a few additional categories worth mentioning:
- Naturalization Applicants: Applicants for U.S. citizenship (often former employment-based or family-based immigrants) must use the new Form N-400 uscis.gov. The impact on them is minimal in terms of eligibility (no changes to requirements or questions), but they should be careful to use the new form to avoid rejection. Many citizenship applicants file on their own without attorneys, so they should double-check the form edition on USCIS’s website before filing. Those who might have difficulty with the binary gender requirement (e.g., a nonbinary legal permanent resident who waited to naturalize hoping to see “X” recognized) will have to select M or F now. This could also impact how they are scheduled for oath ceremonies (historically, some oath ceremony letters have “Mr.” or “Ms.” which correspond to gender on the form). It’s a small administrative detail, but one to be aware of.
- DACA Recipients: While not directly touched by these updates (Forms I-821D and I-765 for DACA weren’t updated in this batch), DACA recipients often apply for Advance Parole using Form I-131 to travel abroad. So, DACA recipients seeking Advance Parole for educational or humanitarian reasons must use the new I-131. They should note the form’s new title includes “Parole Documents” explicitly, reaffirming that mechanism. The removal of the “gender identity” option is a setback for DACA recipients who identify as LGBTQ+, given DACA has a significant number of LGBTQ+ recipients. They must now navigate that issue like others. It’s possible USCIS will update the DACA forms in the near future similarly, so they should stay tuned.
- Students and Exchange Visitors: F-1 or J-1 applicants don’t typically file USCIS forms to obtain status (they use consular DS-160/260 and SEVIS I-20/DS-2019). However, if they marry and file I-485, or if they later work and file for OPT EAD (Form I-765, which likely will be updated soon to remove the third gender option if it hasn’t already), they will encounter these changes. At present, Form I-765 was not listed, but we expect similar updates across all forms in due course. The impact on them is indirect but notable when it comes to OPT or change-of-status filings – they should be cognizant that USCIS forms are in flux and always verify they have the latest version.
- Attorneys and Preparers: Though not an “applicant category,” it’s important to note the impact on legal preparers. Immigration attorneys and accredited representatives have had to scramble to update form software, inform clients of new signature requirements on different pages, and adjust filing practices within a matter of days. The lack of a grace period meant they risked filings getting rejected en masse. Many attorneys report that these abrupt changes caused anxiety for clients whose filings were already sent or about to be sent. The subsequent allowance of a short grace period (one month) has mitigated immediate harm aila.org, but lawyers must still quickly transition all their form templates to the new editions. In the short term, this has slightly increased legal costs or turnaround times, as extra care is needed to ensure compliance.
In conclusion, every category of immigrant or nonimmigrant is affected in the sense that USCIS forms now have a new baseline format and language. The most affected on a personal level are nonbinary and transgender applicants who lost a recognition option, and the most affected on a logistical level were those who had pending form filings during the change (they had to react swiftly). For most, the impact is manageable with proper attention: their eligibility for benefits is unchanged, but the administrative hurdle of using the correct and current form is now firmly in place for all.
Recommendations for Applicants
Given these changes, applicants and petitioners should take proactive steps to adapt. Below are actionable recommendations to ensure compliance and avoid delays or rejections:
1. Always Use the Latest Form Version:
As a rule, download fresh forms directly from the official USCIS website immediately before filing. Do not rely on old form packets or saved PDFs from previous filings. USCIS maintains a Forms Updates page uscis.gov and each form’s page lists the current “Edition Date.” Before submitting, verify that date against your form. If it’s not the current edition, obtain and fill out the new version. This practice is critical, as USCIS has made clear it will reject outdated forms after the grace period aila.org. For example, if you are applying for adjustment of status, ensure your Form I-485 is labeled “01/20/25” at the bottom. If using paper, make sure all pages show that same edition date uscis.gov. Keeping up with form updates can be challenging, so consider subscribing to USCIS email updates or regularly checking the USCIS Forms Updates page for announcements.
2. Double-Check Filing Instructions and Fees:
Review the form instructions for any changes in filing procedure. While the recent updates didn’t overhaul filing locations or add new evidence requirements, it’s wise to see if instructions have been revised. Sometimes even subtle wording changes can affect how you prepare your packet. For instance, if instructions now use certain terms, make sure any cover letter or explanation you provide aligns with those terms (e.g., use “alien” in referring to yourself if responding to a question in that language). Also, confirm the filing fee on the current USCIS Fee Schedule (Form G-1055), which was updated alongside these forms uscis.gov. New forms might reference different fee amounts if a fee rule change occurred. (In this case, fees largely remained as set by the April 2024 Fee Rule, but it’s good practice to check the Fee Schedule for any updates or the edition date of the fee list itself.) Using the wrong fee or an outdated fee schedule can lead to rejection just as surely as using an outdated form.
3. Fill Out Forms Completely and Accurately (No Blanks for Gender):
With the removal of the “Other” gender option, some applicants might be tempted to leave the gender question blank if they feel neither “M” nor “F” fits. Do not leave it blank. USCIS may view an unanswered required field as incomplete and could reject the application. The best practice is to choose the gender that matches your other official documents (passport, birth certificate, driver’s license) to maintain consistency. If you have an “X” gender marker on some documents, you may want to use the gender that appears on the majority of your IDs or on the ID you plan to use for immigration (like your passport). This helps avoid confusion in identity verification. If necessary, you can include a brief cover note explaining that you identify differently but selected the closest option for purposes of the form – though USCIS hasn’t said this is required, it could be helpful for your own peace of mind and to have it on record. Overall, ensure every required field on the form is answered; for any that truly don’t apply, follow the form instructions (some say write “N/A” or “None” where appropriate). Meticulous completeness will guard against rejections for “insufficient information.”
4. Anticipate and Prevent Rejection Issues:
Even with the grace period now in effect, treat the transition as immediate. USCIS has indicated it will use discretion to not reject older versions for a “reasonable period” aila.org, but that is not a guarantee. To avoid any risk:
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- Purge old forms: Remove any old edition forms you have printed or saved, to prevent accidentally using them.
- Check A-Number format: The new forms emphasize the “Alien Registration Number.” Make sure you list your A-Number accurately and in the correct field. If the form now explicitly asks for an A-Number where an older form might have had a different label, be sure to provide it.
- Keep pagination intact: When printing, ensure that all pages are present and in order for the new form edition. USCIS scanning systems will reject packets with missing pages or mixed editions uscis.gov. For example, the I-485 is 20 pages in the new edition – include all 20, even if some sections don’t apply (mark them “N/A” rather than removing them).
- Sign and date: A new form edition still requires a signature. It sounds basic, but with changes afoot, applicants might forget a signature on a revised page. USCIS will reject any unsigned form immediately uscis.gov. So double-check that you (and your petitioner or sponsor, if applicable) have signed the correct lines on the new forms.
5. Plan for the End of Grace Periods:
The one-month grace periods for old forms are quickly closing (most end late March or early April 2025 uscis.gov, with a couple extending to early May for certain forms). If you have a filing deadline or expiring status that falls around those dates, aim to file well before the deadline with the new forms. Do not wait until the last day of the grace period; if USPS or courier delays your package, you could slip past the acceptance date and face rejection. It’s safest to immediately switch to the new forms. If, for instance, you have a response to an RFE due and you originally filled out an old form as part of that response, update it to the new version before sending. After the grace period, USCIS will reject prior editions outright aila.org, and you may not get a second chance if a deadline passes.
6. Leverage USCIS and Legal Resources:
Take advantage of available guidance:
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- USCIS Resources: The USCIS website often provides alerts or news releases about form changes (e.g., the March 1, 2024 alert about new forms for the fee rule uscis.gov and subsequent updates). Review the “Newsroom” and “Alerts” section for any announcements related to forms. Also, each form’s page has a wealth of information – for example, the Form I-131 page details where to file and the last updated date uscis.gov, which can clue you in to changes. If confused about a form question (say the wording changed slightly and you’re not sure what they want), read the form’s instructions PDF thoroughly; USCIS updated them too and they often have examples or definitions.
- Legal Advice: If you are unsure how to complete the new forms, especially in light of these changes (e.g., you’re a transgender applicant worried about how this might affect your case), consult an immigration attorney or accredited representative. Many legal professionals have closely tracked these changes – AILA, for instance, issued practice alerts and even took legal action to ensure a smoother transition aila.org. Attorneys can provide personalized guidance, such as advising which gender marker to use in tricky situations or ensuring that using the term “alien” on forms has no adverse effect on any parallel processes (for example, some fear using “alien” could affect public charge perception, but attorneys can clarify that it will not – it’s just terminology). If cost is a concern, look for non-profit organizations or legal clinics; USCIS’s website has a “Find Legal Services” section with low-cost or free providers
- Community and Official Q&A: USCIS sometimes hosts public engagements or publishes FAQs. For instance, with a major fee rule, they published FAQs which noted no grace period for certain new forms uscis.gov. Keep an eye out for any FAQ documents or USCIS social media posts clarifying these updates. They might address common concerns (such as “What if I already sent the old form? Do I need to refile?”). Early reports indicate USCIS was accepting some old forms in March 2025 as a courtesy aila.org, but this shouldn’t be relied upon. If you’re in that boat (having filed an old form recently), you might call the USCIS Contact Center to confirm if you need to take any action or if your filing will be accepted under the discretionary grace period.
7. Prepare for Potential Processing Delays:
Whenever forms change, USCIS intake operations may slow briefly as staff get used to new forms or as initial rejections get sorted out. Be mentally prepared for possible slight delays in receipt notices or even occasional mistaken rejections. If you receive a rejection that you believe is in error (for example, you used the correct form but it was rejected for wrong edition), act quickly: consult an attorney and re-submit with an explanatory note or contact USCIS. Keep copies of everything you send, including a copy of the form showing the edition date. Generally, by adhering strictly to the new requirements, you will minimize the chance of delay. Also, file as early as possible for time-sensitive benefits. For instance, if your work permit is expiring and you need to file a renewal, do it at the earliest eligibility date with the new form, so if something goes wrong, you have time to fix it.
8. Stay Informed on Future Changes:
These form updates came swiftly due to new executive directives. It’s possible there will be additional changes in the near future – for example, proposals to collect social media handles on immigration forms have been announced. That could lead to new form editions or supplements. Also, other forms not in this batch (like I-765 for employment authorization, or I-130) might be updated to align with the terminology policy. Regularly check USCIS announcements or follow reliable immigration news sources. For instance, the USCIS Policy Manual updates page shows the policy shift to “alien” uscis.gov, which foreshadowed the form changes – keeping an eye on such updates can give you a heads-up. Subscribing to organizations like AILA (if you’re a practitioner) or community newsletters, or even USCIS’s own email lists, can ensure you won’t be caught off guard by future updates.
9. Consider Impact on Personal Situation:
If you are an applicant who is directly affected by the language change (e.g., a nonbinary asylum seeker or a transgender immigrant in the middle of a process), consider reaching out to support networks. While it’s not a “form instruction,” taking care of the personal aspect is important. Advocacy groups have decried the removal of gender-inclusive options. They may offer resources or letters that can accompany your application to explain discrepancies in gender markers, etc. Though USCIS hasn’t provided a mechanism for that, being proactive in explaining and documenting your situation (where appropriate) might help down the line. For example, if your documentation is inconsistent (passport says “X” but you had to check “Female” on the form), keep evidence of why you chose what you did (maybe a copy of older USCIS guidance or this analysis) in case it’s ever questioned.
10. Monitor Your Case Status and Correspondence:
After filing with the new forms, watch for any USCIS notices. If USCIS accepts your application, you’ll get a receipt. If there’s an issue, they will send a rejection notice explaining why. Given the transitions, ensure your mailing address is up to date and check your mail (and email, if you filed online or provided it) frequently. Some applicants who filed just as the new forms rolled out might receive Requests for Evidence (RFEs) if anything was missing or unclear. For example, if you left the gender question blank, expect an RFE or rejection. Respond promptly to any RFE, and if it’s about something related to these changes (say an RFE asking to confirm a detail that changed on the form), respond with the requested info and reference the new form/instruction as needed. The key is to keep your case moving and address any hiccups caused by the transition.
By following these best practices, applicants can smoothly navigate the new form requirements. The overarching themes are: stay informed, be proactive, and pay attention to detail. While the form changes introduced some inconvenience and symbolism (like the return of “alien”), they need not derail your immigration journey. With careful preparation and perhaps guidance from legal professionals, you can ensure your application meets the new USCIS requirements and avoid the pitfalls of this transition period aila.org. Remember, USCIS ultimately wants the correct form with the correct fee – give them that, and you set the stage for your petition or application to be processed without unnecessary delay.
Finally, keep an eye on official USCIS channels for any further clarifications. If USCIS issues new guidance (for example, an official grace period announcement or FAQ), incorporate that into your plans. As of now, the best approach is to assume the new forms are mandatory and act accordingly. By doing so, you will position yourself for success despite the evolving administrative landscape.
Good luck with your application process, and don’t hesitate to seek expert advice for your specific situation if needed. With over two decades of experience in immigration law, me and my team is ready to assist you on your immigration journey. Call us for any questions at (305) 233-3110.
