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Immigration
by: Iowa Legal Aid
Do I need to be a U.S. resident or citizen to apply for emergency disaster relief?
- You can qualify for non-cash FEMA disaster programs even without legal immigration status.
- Getting other benefits depends on your immigration status.
Will I be considered a public charge and denied residency if I apply for Emergency Disaster Relief?
- No. The U.S. Citizenship and Immigration Services (USCIS) will not consider acceptance of Emergency Disaster Relief public cash assistance as an event that could prevent you from becoming a resident.
- You will not be classified as a public charge solely because you accept emergency disaster assistance.
If I lost my "green card" in the disaster, how can I get a replacement?
- You need to fill out a form I-90 and, if you can, file it in person. You can file by mail at U.S. Citizenship and Immigration Services, P.O. Box 54870, Los Angeles, CA 90054-0870
You can also e-file at http://uscis.gov.
- You can get the immigration form I-90 from USCIS by calling 1-800-375-5283 or by going to http://uscis.gov/graphics/formsfee/forms/i-90.htm.
- Along with the I-90 you must submit two recent residency photographs (2"x2", color with a white background - "passport" style) and a cashier's check or money order for $290.00, plus a $80.00 fee for biometrics. (Total filing fee is $370.00)
- If you can't afford the fee, you may be able to convince USCIS to waive it.
If I lost my work permit in the disaster, how can I get a replacement?
- You need to fill out immigration form I-765.
- You can get the immigration form I-765 from USCIS by calling 1-800-870-3676 or by going to http://uscis.gov/graphics/formsfee/forms/i-765.htm.
- If you have a photocopy of your lost work permit, attach it to the I-765. Also include a photocopy of any papers that entitle you to a work permit, such as application of asylum, suspension of deportation or adjustment of status.
- You have to include a $340.00 cashier's check or money order for a replacement work permit.
- You can mail the form to USCIS Nebraska Service Center, P.O. Box 87765 Lincoln, NE 68501-7765.
- You can also e-file at http://www.uscis.gov
Can I work while waiting for a replacement?
- Maybe. Check with an immigration attorney.
Do I need to let USCIS or the immigration court know that I have moved as a result of the disaster?
- The law requires nearly all non-U.S. Citizens to report a change of address within 10 days of moving by completing a Form AR-11. If you do not have a case before the immigration court you can make the change online at: www.uscis.gov and click on "Change Your Address with USCIS."
- If you have a pending case, you must inform the immigration court of any change in address or telephone number within 5 days.
- Send immigration form EOIR-33 by certified mail to:
U.S. Department of Justice, Immigration Court, 55 East Monroe St., Suite 1900, Chicago, IL 60603-5701.
- You can download the form at: www.usdoj.gov/eoir/eoirforms/eoir33/EOIR33ICChicago.pdf.
- If you cannot obtain this form, mail a letter to the above address. In the letter include your name, alien registration number, and new address and telephone number.
- If your case is pending before the asylum unit, send notice of a change of address to: USCIS Nebraska Service Center, P.O. Box 87589, Lincoln, NE 68501-7589.
- If you are in a shelter or tent site because your home was damaged, you should provide the address of a relative or friend who can receive your mail until you are able to obtain other housing.
- Be sure to include your alien registration number on all letters or forms to USCIS.
- Send all correspondence by certified mail and keep a copy.
Where can I get more information?
Iowa Legal Aid helps eligible clients with "civil" or non-criminal problems. Many of the issues disaster victims face involve legal problems on which Iowa Legal Aid and other lawyers can provide assistance. If you have further questions and need legal help, call Iowa Legal Aid at 1 800-532-1275.
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