I694-INS-TOC-OMBReview-03012016 (Clean)

TABLE OF CHANGES – INSTRUCTIONS

Form I-694, Notice of Appeal of Decision Under Section 210 or 245A

OMB Number: 1615-0034

03/01/2016

Reason for Revision: Incorporating standard language updates and formatting changes.

Current Page Number and Section	Current Text	Proposed Text
Page 1, Instructions	Read these instructions carefully to properly complete this form. If you need more space to complete an answer, use a separate sheet of paper. Write your name and Alien Registration Number (A-Number), if any, at the top of each sheet of paper and indicate the section and number of the item to which the answer refers.	[Deleted]
Page 1, What Is the Purpose of This Form?	This form is used to notify U.S. Citizenship and Immigration Services (USCIS) that you are appealing the decision to the Director of USCIS of your denied permanent residence, temporary residence, or a waiver of grounds of inadmissibility under the amnesty program provisions of the Immigration Reform and Control Act of 1986, (IRCA).	[Page 1] What Is the Purpose of Form I-694? This form is used to notify U.S. Citizenship and Immigration Services (USCIS) that you are appealing the decision to the Director of USCIS of your denied permanent residence, temporary residence, or a waiver of grounds of inadmissibility under the amnesty program provisions of the Immigration Reform and Control Act of 1986 (IRCA).
[New]		[Page 1] General Instructions USCIS provides forms free of charge through the USCIS Web site. In order to view, print, or fill out our forms, you should use the latest version of Adobe Reader, which you can download for free at http://get.adobe.com/reader/. If you do not have Internet access, you may call the USCIS National Customer Service Center at 1-800-375-5283 and ask that we mail a form to you. For TTY (deaf or hard of hearing) call: 1-800-767-1833. Signature. Each form must be properly signed and filed. For all signatures on this form, USCIS will not accept a stamped or typewritten name in place of a signature. If you are under 14 years of age, your parent or legal guardian may sign the affidavit on your behalf. A legal guardian may also sign for a mentally incompetent person. Filing Fee. Each form must be accompanied by the appropriate filing fee. (See the What Is the Filing Fee section of these Instructions.) Evidence. At the time of filing, you must submit all evidence and supporting documentation listed in these Instructions. Copies. You may submit legible photocopies of documents requested, unless the Instructions specifically state that you must submit an original document. USCIS may request an original document at the time of filing or at any time during processing of an application, petition, or request. If you submit original documents when not required, the documents may remain a part of the record, and USCIS will not automatically return them to you. 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 should also include the date, the translator’s signature and printed name, and may contain the translator’s contact information. How To Fill Out Form I-694 1. Type or print legibly in black ink. 2. If you need extra space to complete any item within this form, use the space provided in Part 7. 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. 3. Answer all questions fully and accurately.  If a question does not apply to you (for example, if you have never been married and the question asks “Provide the name of your current spouse”), type or print “N/A,” unless otherwise directed.  If your answer to a question which requires a numeric response is zero or none (for example, “How many children do you have” or “How many times have you departed the United States”), type or print “None,” unless otherwise directed. [Page 2] 4. USCIS Online Account Number (if any) If you have previously filed an application, petition, or request 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, petitions, or requests on a paper form via a USCIS Lockbox facility, you may have received a USCIS Online Account Access Notice issuing you a USCIS Online Account Number. If you received such a notice, your USCIS Online Account Number can be found at the top of the notice. If you were issued a USCIS Online Account Number, enter it in the space provided. The USCIS Online Account Number is not the same as an A-Number. 5. Part 4. Appellant’s Statement, Contact Information, Certification, and Signature. Select the appropriate box to indicate whether you read this form yourself or whether you had an interpreter assist you. If someone assisted you in completing the form, select the box indicating that you used a preparer. Further, you must sign and date your form and provide your daytime telephone number, mobile telephone number (if any), and email address (if any). Every form MUST contain the signature of the appellant (or parent or legal guardian, if applicable). A stamped or typewritten name in place of a signature is not acceptable. 6. Part 5. Interpreter’s Contact Information, Certification, and Signature. If you used anyone as an interpreter to read the instructions and questions on this form to you in a language in which you are fluent, the interpreter must fill out this section, provide his or her name, the name and address of his or her business or organization (if any), his or her daytime telephone number, his or her mobile telephone number (if any), and his or her email address (if any). The interpreter must sign and date the form. 7. Part 6. Contact Information, Declaration, and Signature of the Person Preparing this Form, if Other Than the Appellant. This section must contain the signature of the person who completed your form, if other than you, the appellant. If the same individual acted as your interpreter and your preparer, that person should complete both Part 5. and Part 6. If the person who completed this form is associated with a business or organization, that person should complete the business or organization name and address information. Anyone who helped you complete this form MUST sign and date the form. A stamped or typewritten name in place of a signature is not acceptable. If the person who helped you prepare your form is an attorney or accredited representative whose representation extends beyond preparation of this form, he or she may be obliged to also submit a completed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, along with your form. 8. Part 7. Additional Information If you need extra space to provide any additional information within this form, use the space provided in Part 7. Additional Information. If you need more space than what is provided in Part 7., you may make copies of Part 7. to complete and file with your form, or attach a separate sheet of paper. Include your name and 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. We recommend that you print or save a copy of your completed form to review in the future and for your records.
Page 1, Briefs	Briefs A brief in support of an appeal is not required, but may be desired. If a brief is to be submitted, it may be provided with Form I-694, Notice of Appeal of Decision Under Section 210 or 245A, or received up to 30 calendar days from the date of receipt of Form I-694 at the USCIS Service Center.	[Page 2] Briefs You may submit a brief in support of your Form I-694, although it is not required. You may submit a brief with your Form I-694 or separately after your form is received at the USCIS Service Center. If you submit your brief separately, USCIS must receive it within 30 calendar days from the receipt date of your Form I-694.
Page 1, Oral Argument	Oral argument before USCIS Director or an officer designated by the Director may be requested by a letter attached to Form I-694. The letter must set forth the reasons oral argument is desired in support of or in place of a brief. Oral argument will be denied in any case where the appeal is found to be frivolous, where oral argument will serve no useful purpose, or where written material or representations will appropriately serve your interests. If oral argument is granted, it must be held in person. The officer to whom the appeal is taken will designate in writing the time, date, and place of the oral argument. Oral argument in any case will be limited to 15 minutes, unless justification and arrangements for additional time are made in advance.	[Page 3] Oral Arguments You may request to appear before the USCIS Director or an officer designated by the Director to present an oral argument. To request an oral argument, submit a letter with your Form I-694 that explains the reasons an oral argument is desired in support of or in place of a brief. USCIS will deny any request for an oral argument where the appeal is deemed frivolous, where oral argument will serve no useful purpose, or where written material or representations will appropriately serve your interests. If a request for an oral argument is granted, you must appear in person at a USCIS office. The officer to whom the appeal is taken will designate in writing the time, date, and place of the oral argument. USCIS will limit an oral argument in any case to 15 minutes, unless justification and arrangements for additional time are made in advance.
Page 1, Counsel	In presenting and prosecuting Form I-694, you may be represented at no expense to the U.S. Government by counsel or a duly authorized representative. If you are represented, your counsel or representative must file a Notice of Entry of Appearance as Attorney or Representative (Form G-28) with Form I-694.	[Deleted]
Page 1, What Is the Filing Fee?	The filing fee for Form I-694 is $755. The fee will not be refunded regardless of the action taken. A separate cashier's check or money order must be submitted for each application. All fees must be submitted in the exact amount. No cash or personal checks will be accepted. Use the following guidelines when you prepare your check or money order for the Form I-694 fee: 1. The check or money order must be drawn on a bank or other financial institution located in the United States and must be payable in U.S. currency; and 2. Make the check or money order payable to U.S. Department of Homeland Security. NOTE: Spell out U.S. Department of Homeland Security; do not use the initials “USDHS” or “DHS." [Moved from below] Notice to Those Making Payment by Check If you send us a check, it will be converted into an electronic funds transfer (EFT). This means we will copy your check and use the account information on it to electronically debit your account for the amount of the check. The debit from your account will usually take 24 hours, and will be shown on your regular account statement. You will not receive your original check back. We will destroy your original check, but we will keep a copy of it. If the EFT cannot be processed for technical reasons, you authorize us to process the copy in place of your original check. If the EFT cannot be completed because of insufficient funds, we may try to make the transfer up to two times. How to Check if the Fee Is Correct The form and biometrics services fees on this form are current as of the edition date appearing in the lower right corner of this page. However, because USCIS fees change periodically, you can verify if the fees are correct by following one of the steps below: 1. Visit our Web site at www.uscis.gov, select “FORMS,” and check the appropriate fee; or 2. Telephone our National Customer Service Center at 1-800-375-5283 and ask for the fee information. For TDD (hearing impaired) call: 1-800-767-1833.	[Page 3 ] What Is the Filing Fee? The filing fee for Form I-694 is $755. NOTE: The filing fee is not refundable, regardless of any action USCIS takes on this notice. DO NOT MAIL CASH. You must submit all fees in the exact amount. Use the following guidelines when you prepare your check or money order for the Form I-694 filing fee: [No Change] Notice to Those Making Payment by Check. If you send us a check, USCIS will convert it into an electronic funds transfer (EFT). This means we will copy your check and use the account information on it to electronically debit your account for the amount of the check. The debit from your account will usually take 24 hours and your bank will show it on your regular account statement. 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 USCIS cannot complete the EFT because of insufficient funds, we may try to make the transfer two additional times. How To Check If the Fees Are Correct Form I-694’s filing fee is current as of the edition date in the lower left corner of this page. However, because USCIS fees change periodically, you can verify that the fees are correct by following one of the steps below. 1. Visit the USCIS Web site at www.uscis.gov, select “FORMS,” and check the appropriate fee; or 2. Call the USCIS National Customer Service Center at 1-800-375-5283 and ask for fee information. For TTY (deaf or hard of hearing) call: 1-800-767-1833.
Page 1, Where to File an Appeal?	This form must be mailed to the address given on the "Notice of Denial" and must be received within 30 days of the date noted on the USCIS letter of denial. The 30-day period for submitting an appeal begins 3 days after the notice of denial is mailed. No extensions will be granted. Do not file the appeal at the AAO.	[Page 3] Where To File? You must file Form I-694 with the USCIS Office that adjudicated your case, as provided on the Notice of Denial. USCIS must receive your appeal within 30 calendar days of the date noted on the Notice of Denial. The 30-day period for submitting an appeal begins 3 days after the Notice of Denial is mailed. USCIS will not grant any extensions. Do not file your appeal at the USCIS Administration Appeals Office (AAO).
Page 2, Address Change	If you have changed your address, you must inform USCIS of your new address. For information on filing a change of address go to the USCIS Web site at www.uscis.gov/addresschange or contact the National Customer Service Center at 1-800-375-5283. For TDD (hearing impaired) call: 1-800-767-1833. NOTE: Do not submit a change of address request to the USCIS Lockbox facilities because the USCIS Lockbox facilities do not process change of address requests.	[Page 4] Address Change An appellant who is not a U.S. citizen must notify USCIS of his or her new address within 10 days of moving from his or her previous residence.  For information on filing a change of address, go to the USCIS Web site at www.uscis.gov/addresschange or contact the USCIS National Customer Service Center at 1-800-375-5283.   For TTY (deaf or hard of hearing) call:  1-800-767-1833. NOTE: Do not submit a change of address request to the USCIS Lockbox facilities because the Lockbox does not process change of address requests.
Page 2, Processing Information	Any Form I-694 that is not signed or accompanied by the correct fee will be rejected with a notice that Form I-694 is deficient. You may correct the deficiency and resubmit Form I-694. An application or petition is not considered properly filed until accepted by USCIS with the correct fee. Initial processing Once Form I-694 has been accepted, it will be checked for completeness, including submission of the required initial evidence. If you do not completely fill out the form, or file it without required initial evidence, you will not establish a basis for eligibility and we may deny your Form I-694. Requests for more information or interview We may request more information or evidence, or we may request that you appear at a USCIS office for an interview. We may also request that you submit the originals of any copy. We will return these originals when they are no longer required, upon the approval of Form G-884, Request for the Return of Original Document(s). Decision The decision on Form I-694 involves a determination of whether you have established eligibility for the requested benefit. You will be notified of the decision in writing.	[Page 4] Processing Information USCIS will reject any Form I-694 that is not signed or accompanied by the correct fee with a notice that Form I-694 is deficient. You may correct the deficiency and resubmit Form I-694. An application or petition is not considered properly filed until accepted by USCIS with the correct fee. Initial Processing. Once USCIS accepts your form, we will check it for completeness. If you do not completely fill out this form, you will not establish a basis for your eligibility and USCIS may reject or deny your form. Requests for More Information. We may request that you provide more information or evidence to support your form. We may also request that you provide the originals of any copies you submit. USCIS will return any requested originals when they are no longer needed. Requests for Interview. We may request that you appear at a USCIS office for an interview based on your form. At the time of any interview or other appearance at a USCIS office, we may require that you provide your fingerprints, photograph, and/or signature to verify your identity and/or update background and security checks. Decision. The decision on Form I-694 involves a determination of whether you have established eligibility for the immigration benefit you are seeking. USCIS will notify you of the decision in writing.
Page 3, USCIS Forms and Information	To ensure you are using the latest version of this form, visit the USCIS Web site at www.uscis.gov where you can obtain the latest USCIS forms and immigration-related information. If you do not have internet access, you may order USCIS forms by calling our toll-free number at 1-800-870-3676. You may also obtain forms and information by telephoning our USCIS National Customer Service Center at 1-800-375-5283. For TDD (hearing impaired) call: 1-800-767-1833. As an alternative to waiting in line for assistance at your local USCIS office, you can now schedule an appointment through the USCIS Internet-based system, InfoPass. To access the system, visit the USCIS Web site. Use the InfoPass appointment scheduler and follow the screen prompts to set up your appointment. InfoPass generates an electronic appointment notice that appears on the screen.	[Page 4] USCIS Forms and Information To ensure you are using the latest version of this form, visit the USCIS Web site at www.uscis.gov where you can obtain the latest USCIS forms and immigration-related information. If you do not have Internet access, you may order USCIS forms by calling the Forms Request Line at 1-800-870-3676. You may also obtain forms and information by calling the USCIS National Customer Service Center at 1-800-375-5283. For TTY (deaf or hard of hearing) call: 1-800-767-1833. Instead of waiting in line for assistance at your local USCIS office, you can schedule an appointment online at www.uscis.gov. Select “Schedule an appointment online” and follow the screen prompts to set up your appointment. Once you finish scheduling an appointment, the system will generate an appointment notice for you.
Page 3, Penalties	If you knowingly and willfully falsify or conceal a material fact or submit a false document with this request, we will deny the benefit you are filing for, and may deny any other immigration benefit. In addition, you will face severe penalties provided by law, and may be subject to criminal prosecution.	[Page 4] Penalties If you knowingly and willfully falsify or conceal a material fact or submit a false document with your Form I-694, we will deny your Form I-694 and may deny any other immigration benefit. In addition, you will face severe penalties provided by law, and may be subject to criminal prosecution.
Page 3, USCIS Privacy Act Statement	AUTHORITIES: The information requested on this form, and the associated evidence, is collected under the Immigration and Nationality Act, section 101, et seq. PURPOSE: The primary purpose for providing the requested information on this form is to determine if you have established eligibility for the immigration benefit for which you are filing. The information you provide will be used to grant or deny the benefit sought. DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information, and any requested evidence, may delay a final decision or result in denial of your form. ROUTINE USES: The information you provide on this form may be shared with other Federal, State, local, and foreign government agencies and authorized organizations following approved routine uses described in the associated published system of records notices [DHS-USCIS-007 - Benefits Information System and DHS-USCIS-001 - Alien File, Index, and National File Tracking System of Records, which can be found at www.dhs.gov/privacy]. The information may also be made available, as appropriate, for law enforcement purposes or in the interest of national security.	[Page 5 ] USCIS Privacy Act Statement AUTHORITIES: The information requested on this form, and the associated evidence, is collected under the Immigration and Nationality Act, section 101. PURPOSE: The primary purpose for providing the requested information on this form is to determine if you have established eligibility for the immigration benefit for which you are filing. DHS will use the information you provide to grant or deny the immigration benefit you are seeking. DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information, and any requested evidence, may delay a final decision in your case or result in denial of the requested benefit. ROUTINE USES: DHS may share the information you provide on this form with other Federal, state, local, and foreign government agencies and authorized organizations. DHS follows approved routine uses described in the associated published system of records notices [DHS/USCIS-007 - Benefits Information System and DHS/USCIS-001 - Alien File, Index, and National File Tracking System of Records] which you can find at www.dhs.gov/privacy. DHS may also share the information, as appropriate, for law enforcement purposes or in the interest of national security.
Page 3, Paperwork Reduction Act	An agency may not conduct or sponsor an information collection and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The public reporting burden for this collection of information is estimated at 30 minutes per response, including the time for reviewing instructions, and completing and submitting the form. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to: U.S. Citizenship and Immigration Services, Regulatory Coordination Division, Office of Policy and Strategy, 20 Massachusetts Ave NW, Washington, DC 20529-2140. OMB No. 1615-0034. Do not mail your completed Form I-694 to this address.	[Page 5] Paperwork Reduction Act An agency may not conduct or sponsor an information collection, and a person is not required to respond to a collection of information, unless it displays a currently valid OMB control number. The public reporting burden for this collection of information is estimated at 1 hour and 30 minutes per response, including the time for reviewing instructions, gathering the required documentation and information, completing the form, preparing statements, attaching necessary documentation, and submitting the form. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to: U.S. Citizenship and Immigration Services, Regulatory Coordination Division, Office of Policy and Strategy, 20 Massachusetts Ave NW, Washington, DC 20529-2140; OMB No. 1615-0034. Do not mail your completed Form I-694 to this address.

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