Hurricane Katrina: Legal Issues - Columbus School of Law

To Replace your naturalization certificate complete Form N-565
To Replace your green card, complete Form I-90 and bring two passport photos
To Replace your Form I-94 (non-immigrant entry doc) file form I-102
Q: I lost my work-permit or green card, can I still work legally?
You should apply to replace your EAD (work permit) or green card. However, USCIS has suspended the I-9
requirements for 45 days (starting Sep 6, 2005). This means that individuals are not required to present proof of
eligibility to work prior to working. This policy will allow you to work while you are waiting for your work permit
or green card to arrive.
Q: I lost my documents but can’t afford the filing fees, will you waive them?
Normally, USCIS requires documentation to show inability to pay a fee. However, Katrina & Rita survivors may not
have any documentation. USCIS has therefore instituted a policy that it will grant waivers to those who show an
inability to pay based on an affidavit or unsworn declaration. Fee waivers will be decided on a case-by-case basis and
are discretionary so you should do your best to explain your financial situation.
Q: I need to file an application for an immigration benefit and I’ve been displaced by the Hurricane, do I file it
in person?
If you need to file an application or petition for anything other than a replacement document, follow the regular filing
procedures. USCIS has not announced what they will do in situations where an individual missed a filing deadline
(e.g. missed the I-752 removal of conditional resident deadline). However, it may be a good idea to attach an
affidavit with your application explaining that you were displaced by the Hurricane and were therefore unable to file
on time.
Q: Do I need to notify CIS that I have been displaced?
All non-citizens are required to file AR-11 each time they move. However, USCIS has hinted that you can wait to file
the AR-11 until you are settled in an address you know you will be residing at for at least 30 days. For instance if
you are currently in a shelter and looking for a permanent place, you don’t have to file AR-11 listing the shelter as
your address. BUT, if you are waiting for communication from USCIS or the Immigration Court, it would be a good
idea to submit an address where you can receive correspondence (a “c/o” address).
Q: I missed my interview because of the hurricane, what can I do?
Contact USCIS customer service at 1-800-375-5283 to have them re-schedule your interview.
Q: I had a pending court case, what effect has the hurricane had on my case?
The New Orleans Immigration Court and the Fifth Circuit Court of Appeals closed due to the hurricane. The BIA
also suspended work on cases originating from the Hurricane-affected areas. More information will be released in the
near future, but most cases will receive new filing deadlines and hearing dates. See the section below on Procedural
Effects for more information.
Q: How can I keep myself informed on new services and policies relating to the Hurricane?
The USCIS website at http://www.uscis.gov will maintain information regarding policies and services to displaced
individuals. The Department of Homeland Security has information as well. Their website is www.dhs.gov. Several
non-governmental agencies also have information on the websites, including: The American Immigration Lawyers
Association at http://www.aila.org (includes a means to tracking down displaced attorneys); The Association of