Frequently Asked Questions

• Appeals
• Processing of Form I-600A
• Processing of Form I-600
• Abandonment of Lawful Permanent Resident Status (I-407)
• Lawful Permanent Residents – General Information
• Petition for U.S. Immediate Relative (I-130)
• Petition for Amerasian, Widow(er) or Special Immigrant (I-360)
• Distribution of Reentry Permits for Lawful Permanent Residents
• Refugee Processing (limited to UNHCR referrals only)
• Visas 92/I-730: Processing family members of asylees

Appeals

Q. How can I appeal a denial decision by the USCIS Office in New Delhi?
A. The appeal from a denial of a Form I-130 petition is made to the Board of Immigration Appeals (BIA) on Form EOIR-29.

The appeal from a denial of a Form I-360 filed by a widow(fer) is made to the BIA on Form EOIR-29.

The appeal from a denial of a Form I-600 or I-600A & Form I-601 is made to the Office of Administrative Appeals on Form I-290B.

Q.  Where should the appeal be submitted?
A. Irrespective, of whether you appeal to the BIA or AAO, your appeal must be submitted to this Office.

Q. What is the fee and how can it be paid?
A.  Please visit the USCIS site to  check the fee for Forms EOIR-29 and  I-290B.  

Q. What is mode of payment on an Appeal?
A. You can pay in cash at the U.S. Embassy in New Delhi, India in either U.S. or Indian currency or your may remit the fee in form of money order payable to “American Embassy New Delhi” and valid for one year; check payments are not acceptable at the Embassy.

Q. How long can I wait before filing an Appeal?
A. This Office must receive your appeal within the time period specified on Form I-292 denial notice sent to you.

Q. Where can I find more information on this?
A. On appeals to BIA you can check at USCIS website or click BIA site.

B. On appeals to AAU you can check at the Department of Justice site or click BIA site.

Processing of Form I-600A

Q. Who can file Form I-600A at the USCIS Offfice in New Delhi?
A. A U.S. citizen who has been a resident of India for more than six months. A Residential Permit issued by the Foreigner’s Regional Registration Office (FRRO), Government of India, is a good proof of your residence status in India.

Q. What is the fee and how can it be paid?
A. Please visit the USCIS site for the latest on Form I-600A fee.  The fee must be paid in cash to the Embassy cashier who accepts both the U.S. and Indian currency.

Q. Can I mail the Form I-600A?
A. No. You are required to submit this form in person.

Q. Do I need an appointment to file the Form I-600A?
A. No. We accept walk-ins on any business day [Monday through Friday] between 09:00 am to 1200 noon.

Q. Where is the USCIS Office located?
A. The USCIS Office is located at the American Embassy, Shantipath, Chanakyapuri, New Delhi, India.

Q. How much time would I require to submit my Form I-600A?
A. Filing of Form I-600A at this Office is usually a one-day process.  However, please make adequate travel plans to accommodate unforeseeable events.

Q. What documents are usually required to file Form I-600A?
A. The following documents must be submitted:

• Form I-600A signed by Petitioner(s)
• Proof of U.S. citizenship (i.e., U.S. passport, Naturalization Certificate/ Certificate of Citizenship/Birth Certificate)
• Marriage Certificate
• Proof of termination of prior marriage(s)
• Home Study
• Compliance with the pre-adoption requirements.

This Office will fingerprint the applicants on Form FD-258 at the time of filing of Form I-600A.

Q. Can I submit the Home Study completed in India/overseas?
A.  Yes, but it must be approved by a U.S. adoption agency. Section 204(d) of the Immigration and Nationality Act (the Act), 8 U.S.C. 1154(d), provides that no petition may be approved on behalf of an orphan child, as defined in section 101(b)(1)(F) of the Act: unless a valid home-study has been favorably recommended by an agency of the State of the child's proposed residence, or by an agency authorized by that State to conduct such a study, or, in the case of a child adopted abroad, by an appropriate public or private adoption agency which is licensed in the United States.

For more information on Home Study requirements please refer to 8 CFR Part 204  –  Immigrant Petitions/Sec. 204.3(e) (PDF 38.6KB).

Q. Where can I find the relevant immigration law relating to adoptions?
A. Title 8 Of Code Of Federal Regulations (8 CFR)/8 CFR Part 204 – Immigrant Petitions/Sec. 204.3 Orphans provides the controlling regulations in this regard.

Q. How much time is taken by the USCIS Office in New Delhi to adjudicate Form I-600A?
A. It usually takes us approximately 3 months to process Form I-600A from the date of its receipt at this Office with all required documentation.  Upon approval, you will be forwarded Form I-171H reflecting the approval on your Form I-600A and the validity on your fingerprint check.

Q. After my I-600A approval, when do I need to file Form I-600?
A. The approval on Form I-600A is valid for 18 months from the date of approval.  Therefore, you must file your Form I-600 before the expiry of validity on your Form I-600A.  Also please be aware that a Form I-600 may not be approved without current FBI fingerprint records for the prospective adoptive parent(s) and all adult members of the prospective adoptive parents’ household.

Q. Kindly explain about the FBI fingerprint clearance?
A. Please be advised that the fingerprint checks for I-600/A Petitioners are valid for 15 months from the date of clearance. They are not valid throughout the 18 month I-600A validity period. Therefore, in many cases the Petitioners and any other adult household members will have to have their fingerprints taken and cleared a second time before an I-600 petition can be filed/approved.  You can find this policy on our website at the USCIS Site. 

Processing of Form I-600

The Form I-600 can be filed with the USCIS Office in New Delhi, India under the following three different circumstances:

1. New Case:
   Applicable: Where the Petitioners have not filed Form I-600A, Application for Advance Processing of Orphan Petition.
   Who can file: U.S. Citizen(s) who are resident in India.
2. Case on File:
   Applicable: Where the Petitioners filed Form I-600A in the United States and the same was approved and forwarded to the USCIS Office in New Delhi.
   Who can file: U.S. Citizen(s) physically present in India – no residency requirement.
3. Case with New Delhi:
   Applicable: Where the Petitioners’ Form I-600A was filed with  & approved by the USCIS Office in New Delhi.
   Who can file: U.S. Citizen(s) who are resident in India.
4. General Information

Q. Can a U.S. citizen apply for the Form I-130 (Petition for Alien Relative) status after the 2 years of legal custody and residence with a child, instead of the Form I-600 (Petition to Qualify Orphan as an Immediate Relative)?
A. Form I-130 can be filed in cases where a full and final adoption has taken place.  In India, only Hindus can adopt.  Further, to qualify a child for I-130 it must be shown that the adoptive parents have resided with the child for two years and they have the legal custody of the child for two years either prior to or after the adoption.  Therefore, only in cases where guardianship/legal custody of an orphan child has been awarded, the U.S. citizen petitioners can file Form I-600.

Q. Which date would count towards the 2 year legal custody rule?
A. The legal custody date will be counted from the date the guardianship of a child was awarded to the U.S. citizen petitioner by the Indian Court.

Q. When is the No-Objection Certificate (NOC) from Central Adoption Resource Agency (CARA) required?
A. The NOC from CARA is required for all inter-country adoption cases, irrespective of whether a Form I-130 or Form I-600 is being filed.

NOTE:  Any questions on immigrant visa processing (i.e., Form I-864 (Affidavit of support), medical, photographs, appointment for immigrant visa, Form DS-230, immigrant visa fees etc.) MUST be referred to the appropriate Consular Section.

Abandonment of Lawful Permanent Resident Status (I-407)

Q. How can I abandon my lawful permanent resident status (Green Card)?
A. You can abandon your lawful permanent resident status in the United States by filing Form I-407 (PDF 601KB)

Q. Where can I find the Form I-407?
A. The Form I-407 (PDF 601KB) is available at the USCIS Office in New Delhi, India or with any of the Consulates in India.             

Q. What is the fee and how can it be paid?
A. No fee is required for abandoning your lawful permanent resident status on Form I-407 (PDF 601KB)

Q. Can I mail the Form I-407?
A. No. You are required to submit this form in person.

Q. Where can I submit the Form I-407?
A. You can submit the completed and signed Form I-407 (PDF 601KB) at the USCIS Office in New Delhi, India or with any of the Consulates in India.

Q. Do I need an appointment to submit the Form I-407?
A. No. We accept walk-ins on any business day [Monday through Friday] between 09:00 am to 1200 noon.

Q. Where is the USCIS Office located?
A. The USCIS Office is located at the American Embassy, Shantipath, Chanakyapuri, New Delhi, India.

Q. How much time would I require to submit my Form I-407?
A. Submitting Form I-407 (PDF 601KB) at this Office is usually a less than a day’s process.

Q. What columns must be completed on Form I-407?
A. You must complete Columns: 1-2-3-4-5-6a-6b-6c & 6e.

Q. What other documents must be submitted along with Form I-407?
A. You must submit the completed Form I-407 with the following documents:

• Your Permanent Resident Card [Form I-551/I-151]
• Re-Entry Permit [If available]

Q. What would prove relinquishment of my lawful permanent resident status?
A. You will be provided a copy of your Form I-407 with required annotations by this Office.

Q.  Does relinquishing my lawful permanent resident status have any impact on my future immigration applications?
A. No.  Execution of Form I-407 does not affect your ability to re-immigrate to the United States.

Q. Does relinquishing my lawful permanent resident status have any impact on my future non-immigrant visa applications?
A. Yes, this fact would be considered on your future non-immigrant visa applications.  However, you should contact the Visa Office having jurisdiction over your place of residence to seek more guidance on this issue.

Lawful Permanent Residents

Q. How long can a Lawful Permanent Resident Alien of the United States stay outside the U.S.?
A. A Lawful Permanent Resident Alien must apply for admission into the United States within a year of his/her last departure from the United States.

Q. How can a Lawful Permanent Resident Alien of the United States stay outside the U.S. for more than a year?
A. A Lawful Permanent Resident Alien must apply for a Re-Entry Permit on Form I-131 to seek such authorization.

Q. I am not in possession of my Permanent Resident card, how do I return to the United States?
A. You would require a Transportation Letter to return to the United States.  You must contact our Immigration and Customs Enforcement Office, located at this Embassy, for further processing. 

Q. Where can I file an application to renew my Permanent Resident Card?
A. You can find information on this at USCIS website

Q. Where can I file an application to replace my Permanent Resident Card?
A. You can find information on this at USCIS website

Q. Can I file Form I-130 with your Office?
A. No. It must be filed with the stateside USCIS Office. You can find information on this at USCIS website.

We encourage you to check our Citizenship & Immigration Services website for issues not covered by us.

I-130 Processing

Q. Who can file Form I-130 [Petition for Alien Relative] at the USCIS Office in New Delhi, India?
A. A. U.S. citizen who is a resident of India can file Form I-130 on behalf of his/her spouse, parents and child (less than 21 years old) at this Office.  Normally, a Residential Permit issued by the Government of India would suffice as proof of residence in India.

Q. What documents are required in support of the Form I-130 [Petition for Alien Relative]?
A. For Spousal Cases:

• Form I-130 completed and signed by the U.S. Citizen Petitioner
• Form G-325A completed and signed by the U.S. Citizen Petitioner
• Form G-325A completed and signed by the beneficiary
• Proof of U.S. citizenship (i.e., U.S. Passport, Naturalization or Citizenship Certificate)
• Proof of nationality of the beneficiary (i.e. Passport, birth certificate, school certificate)
• Marriage Certificate
• Proof of termination of prior marriages
• Passport size photograph for both Petitioner and Beneficiary
• Marriage Album/Photographs, if available

For Child:

• Form I-130 completed and signed by the U.S. Citizen Petitioner
• Proof of U.S. citizenship (i.e., U.S. Passport, Naturalization or Citizenship Certificate)
• Proof of nationality of the beneficiary (i.e. Passport, birth certificate, school certificate)
• Marriage Certificate of Parents
• Birth Certificate of beneficiary indicating Parents’ names
• If the child’s name was not entered at time of registration of birth, school certificate must be submitted indicating parents’/father’s name

For Parent:

• Form I-130 completed and signed by the U.S. Citizen Petitioner
• Proof of U.S. citizenship (i.e., U.S. Passport, Naturalization or Citizenship Certificate)
• Proof of nationality of the beneficiary (i.e. Passport, birth certificate, school certificate)
• Marriage Certificate of Parents
• Birth Certificate of the Petitioner indicating Parents’ names
• If the child’s name was not entered at time of registration of birth, school certificate must be submitted indicating parents’/father’s name

Q. What is the fee and how can it be paid?
A. Please visit the USCIS site for the latest on Form I-130 fee.  You must submit the USCIS fee in the Indian Rupees by demand draft at the Embassy. The demand draft should be made out to the: American Embassy, New Delhi.

Q. Can I mail the Form I-130?
A. No. You are required to submit this form in person.

Q. Where is the USCIS Office located?
A. The USCIS Office is located at the American Embassy, Shantipath, Chanakyapuri, New Delhi.
 
Q. Do I need an appointment to file my Form I-130?
A. No.  We accept walk-ins on any business day between 0900 to 1200 hours.

Q. How much time would I require to submit my Form I-130?
A. Filing of Form I-130 at this Office is usually a one-day process.  However, please make adequate travel plans to accommodate unforeseeable events.

Q. When will my case be approved?
A. A decision is usually made within one week of the receipt of your case.  The approved petition is forwarded to the Consular Section which has jurisdiction over the beneficiary’s case for further immigrant visa processing.  Any questions on immigrant visa processing must be referred to the appropriate Consular Office.

Form I-360

Q.     Who can file Form I-360 at the USCIS Office in New Delhi, India?
A.     The USCIS Office in New Delhi accepts Form I-360 usually from a Widow or Widower of a U.S. citizen.

For other categories please consult the outstanding instructions on the Form I-360 or visit our USCIS website. 

Q. Who is eligible to file Form I-360 at the USCIS Office in New Delhi, India?
A. You may file this petition for yourself if:

• You are a resident of India.
• You were married for at least two years to a U.S. citizen who is now deceased and who was a U.S. citizen at the time of death;
• Your citizen spouse's death was less than two years ago;
• You were not legally separated from your citizen spouse at the time of death; and
• You have not remarried.

Q. What are the documentary requirements to file Form I-360 at the USCIS Office in New Delhi, India?
A. You must submit the petition with the following documents:

• A copy of your passport, birth certificate etc.
• A copy of your marriage certificate to the U.S. citizen
• Proof of termination of any prior marriages for either of you;
• Copies of evidence that your spouse was a U.S. citizen, such as a birth certificate if born in the United States, Naturalization Certificate or Certificate of Citizenship issued by USCIS, FormFS-240, Report of Birth Abroad of a Citizen of the United States; or a U.S. passport which was valid at the time of the citizen's death; and
• A copy of the death certificate of your U.S. citizen spouse.

Q. What is the fee and how can it be paid?
A. Please visit the USCIS site for the latest on Form I-360 fee.  The fee must be paid in cash to the Embassy cashier who accepts both the U.S. and Indian currency.

Q. Can I mail the Form I-360?
A. No. You are required to submit this form in person.

Q. Where is the USCIS Office located?
A. The USCIS Office is located at the American Embassy, Shantipath, Chanakyapuri, New Delhi.

Q.  Do I need an appointment to file my Form I-360?
A. No.  We accept walk-ins on any business day between 0900 to 1200 hours.

Q. How much time would I require to submit my Form I-360?
A. Filing of Form I-360 at this Office is usually a one-day process.  However, please make adequate travel plans to accommodate unforeseeable events.

Q. When will my case be approved?
A. A decision is usually made within one week of the receipt of your case.

Reentry Permit

Q. Can I file for a Re-Entry Permit with the USCIS Office in New Delhi?
A. No. It can only be filed in the United States while you are physically present there.  For more details kindly visit USCIS website.

Q. Can the USCIS Office in New Delhi extend or renew my Re-Entry Permit?
A. No. You must return to the United States and reapply.

Q. I had applied on Form I-131 for my Re-Entry Permit.  Kindly advise me the current status of my application.
A.    You can check the status of your application on USCIS site.

Q. How would I know that you have received my Re-Entry Permit?
A. Upon receipt of your Re-Entry Permit, you will be advised to contact this Office for delivery of the permit. 

Q. Where is your Office located?
A. Our Office is located at the American Embassy, Shantipath, Chanakyapuri, New Delhi – 110 021.  

Q. What are your working hours?
A. Our working hours are from 09:00 am to 1200 noon on all business days [Monday through Friday].

Q. What documents should I bring to collect my Re-Entry Permit?
A. You should carry our call-in letter along with your Permanent Resident Card and Passport.

Q. Can my Re-Entry Permit be mailed to my local address in India?
A. No.  This important travel document must be collected in person.

Refugee Processing

Q. How can I apply for Refugee status in the United States?
A. The USCIS Office in New Delhi, India considers Refugee cases referred for potential resettlement in the United States by the UNHCR (United Nations High Commissioner for Refugees) office.  We do not accept direct applications for Refugee status.  All Refugee referrals must come through the UNHCR offices.  UNHCR has an office in New Delhi located at 14 Jor Bagh.

Q. How long does it take to process a Refugee case here in New Delhi?
A. The actual processing time of the USCIS portion of a Refugee case is minimal, taking just a month or so in most cases.  However, there can be extended “up front” processing time with UNHCR and other agencies as well as extended “post interview processing” time.  Many such cases can take one year or more to complete. 

Q. I have already been approved as a Refugee for resettlement in the United States but have not yet traveled.  If I get married or have a child, may they go with me as well?
A. If you married after your USCIS Refugee interview and approval, you should immediately notify both USCIS and UNHCR.  If time allows, you may be able to take your wife or child with you when you travel to the United States for the first time.  Otherwise, you have options to petition for your spouse or child after your enter the United States.  Note:  If you were an unmarried child dependent upon a principal Refugee (i.e. your parent) at the time of your Refugee interview, getting married before you enter the United States may cause you to lose your Refugee status.

Q. I don’t have a valid passport or travel document.  What should I do?
A. Consult with the UNHCR offices on your specific situation.  UNHCR may need to coordinate with the ICRC (International Committee of the Red Cross) in getting an emergency travel document for you.

I-730

Q. How would I know that the USCIS Office in New Delhi has received the approved Form I-730 filed on my behalf?
A. Upon receipt of your approved I-730, this Office will schedule you for an interview and send a call-in letter in this regard.

Q. Where is the USCIS Office located?
A. The USCIS Office is located at the American Embassy, Shantipath, Chanakyapuri, New Delhi, India.

Q. Do I need to pay any fees to process my Transportation Letter on the approved Form I-730?
A. There is no fee involved for processing your Transportation Letter.

Q. How much time would I require to be in New Delhi?
A. The I-730 interview process is usually completed in a day.  However, issuance of Transportation Letter may take longer in some cases.

Q. How can I reschedule my interview?
A. Please forward a written application with appropriate reason at the following address:

Officer in Charge
U.S. Citizenship and Immigration Services
American Embassy
New Delhi, India

You can also fax your request at 11-2419-8730 or email us at cis.ndi@dhs.gov.

Q. What will I be issued to travel to U.S.?
A. After establishing your eligibility for derivative immigration benefit, you shall be issued a Transportation Letter to facilitate your travel to the United States.

Q. My case was returned to the United States, what should I do now?
A.  If you failed to establish your eligibility for derivative immigration benefits, your case will be returned to our Nebraska Service Center for reconsideration of approval.  Your anchor relative, who filed the Form I-730 on your behalf, may be contacted by our Nebraska Service Center in this regard.