Can a Widow of U.S. Citizen Apply for Immigrant Visa with Form I-130 by Herself?

Can a Widow of U.S. Citizen Apply for Immigrant Visa with Form I-130 by Herself? Question: My friend came to United States last year and married a U.S. Citizen. But she became a widow before her husband could get time to file immigrant visa for her. Can she apply for immigrant visa to get Green Card by herself to stay in United States? Answer: If an alien spouse was married to a U.S. citizen, the alien spouse was in an especially good position to get a Green Card in the United States. Even if the U.S. citizen spouse died before filing the initial visa petition of USCIS Form I-130 for the alien spouse, or before the Form I-130 petition was approved by USCIS. For this kind of situation, the alien spouse may be able to carry on and file the immigrant visa petition of USCIS Form I-360 by herself or himself. Unlike other family beneficiaries, the alien spouse need not have an Affidavit of Support filed on her or him behalf for this situation. But there is a deadline to file the Form I-360. The alien spouse must file the Form I-360 petition no later than two years after the death of the U.S. citizen spouse. http://www.greencardfamily.com/question/question2014/Widow_Application_Form_I130_120814.htm http://www.greencardfamily.com/citizenspouse.htm

What Is the Necessary Process for Me to Enter the U.S. to Marry a U.S. Citizen?

What Is the Necessary Process for Me to Enter the U.S. to Marry a U.S. Citizen? Question: I live outside the United States, and will marry a U.S. citizen husband soon. What is the necessary process for me to enter the U.S. to marry a U.S. citizen? How could I get this kind of visa to enter U.S.? Answer: The U.S. citizen must file a fiancé/fiancée visa application (K-1 visa application) using Form I-129F, with the U.S. Citizenship and Immigration Services (USCIS). If the K-1 visa application is approves by USCIS, the USCIS will forward the approved application documents to a U.S. embassy or consulate abroad. Then U.S. embassy or consulate will then contact the alien beneficiary with information and eventually schedule an interview for a fiancé/fiancée visa. After the interview and issue of the K-1 visa, the alien beneficiary has 90 days from entry into the U.S. to marry the U.S. citizen. The alien fiancé/fiancée must leave U.S. within this time if he or she does not want to marry the U.S. citizen. http://www.greencardfamily.com/question/question2015/K1-Visa-Marriage_010215.htm http://www.greencardfamily.com/citizenspouse.htm

USCIS Has Discontinued the Legacy E-Filing System

USCIS Has Discontinued the Legacy E-Filing System Question: I am preparing to file Form I-140, immigrant petition for an alien worker, in the category of EB1 Extraordinary Ability by using your very helpful EB-1A DIY package. It looks like that the USCIS' e-filing system is no long available at USCIS website. Do I have to submit the paper copy of form I-140 to USCIS? Answer: U.S. Citizenship and Immigration Services (USCIS) has discontinued its legacy e-filing system, in order to maintain data security standards and focus resources on its replacement system. Five key applications, previously available for e-filing, has reverted to a paper-based system after the legacy system is decommissioned. Currently, paper copies of the following forms will have to be filled out and submitted to the USCIS: • Form I-131, application for travel document. • Form I-140, immigrant petition for an alien worker. • Form I-765, application for employment authorization. • Form I-821, application for temporary protected status. • Form I-907, request for premium processing service. USCIS is transitioning to a new system called the Electronic Immigration System (ELIS). “The new system is faster, more secure, and easier to upgrade and update,” the USCIS said. Although the above forms being removed from the legacy e-filing system would not immediately be available on ELIS, the USICS does plan to add them in the future. Currently, ELIS is capable only of accepting payment of the $165 fee for an immigrant visa and processing the Form I-90 application to replace a permanent resident card. USCIS is also planning on moving applications for the Deferred Action for Childhood Arrivals program to ELIS. http://www.greencardapply.com/question/question15/Efiling_End_102615.htm

How to Use the Dates of Filing Applications for Form I-485 Adjustment of Status?

How to Use the Dates of Filing Applications for Form I-485 Adjustment of Status? Question: In the U.S Department of State's Visa Bulletin, there are newly added "Dates for Filing Applications". How to use the dates listed to file USCIS Form I-485 inside United States, for employment-based Green Card applicants' Adjustment of Status? Answer: The procedures regarding immigrant visa availability have changed by U.S. Department of State, for the benefit of intending U.S. permanent resident (i.e., greencard) applicants. These changes are reflected in the Visa Bulletin which may be viewed at http://travel.state.gov/content/visas/en/law-and-policy/bulletin.html The U.S. Department of State’s (DOS’s) monthly Visa Bulletin will now include two charts per visa preference category for Family-based and Employment-based applicants as "Application Final Action Dates", and "Dates for Filing Applications." In Sections 4.B. (Family-Sponsored Preference Cases) and 5.B. (Employment-Based Preference Cases), “Dates for Filing Applications” are listed. The chart for "Dates for Filing Applications" reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the cut-off date in the chart may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The cut-off date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file applications, regardless of priority date For many employment-based Green Card applicants' Adjustment of Status using USCIS Form I-485 inside United States, U.S. Citizenship and Immigration Services (USCIS) will use the “Dates for Filing Applications” chart (in lieu of the “Application Final Action Dates” chart in paragraphs 4.A. and 5.A.) to determine when an application for adjustment of status (USCIS Form I-485) may be filed. Adjustment applicants may also visit "www.uscis.gov/visabulletininfo" for more information. The statement in Visa Bulletin is consistent with USCIS’s announcement that each month it will “monitor the visa numbers and post the relevant DOS Visa Bulletin chart” on its website under “When to File”. An intending greencard applicant can then use this information to determine when to file an adjustment application (Form I-485 Application for Adjustment of Status). The “Dates for Filing Applications” chart may be used only when USCIS determines that additional immigrant visa numbers are available. Otherwise, per USCIS guidance, the “Application Final Action Dates” chart must be used by intending Adjustment of Status applicants. http://www.greencardapply.com/question/question15/Visa_Application_102715.htm http://www.greencardapply.com/i485.htm

How to Use the DOL Wage Worksheet to Decide the Wage Level Properly?

How to Use the DOL Wage Worksheet to Decide the Wage Level Properly? Question: My employer will file Labor Condition Application (LCA) in an H-1B petition for me. How to use the DOL Wage Worksheet to decide the wage level properly? Answer: The petitioner preparinng the H-1B petition should use the DOL wage worksheet in the "Prevailing Wage Determination Policy Guidance" to assess the proper wage level. If the DOL found that the wage worksheet had been properly completed, the employer's H-1B petition should contain the correct wage. To use the wage worksheet when making an independent wage level determination of an LCA in an H-1B petition. An H-1B employer should be prepared to defend the wage level decisions. The petitioner should carefully reviewe the factors listed for proper wage level decisions. This is done to protect both the employer and the H-1B workers. An H-1B beneficiary should be properly classified under an O*Net category. The DOL will reviewe the wage level claimed by the H-1B petitioner, by applying the Prevailing Wage Determination Policy Guidance. This wage guidance sets forth a system for comparing the requirements of the employer's job offer to the standard requirements for similar occupations on O*NET, which is a DOL-sponsored program that serves as the primary source of occupational information in the United States. All job occupations start with a level I wage for an entry-level position. Where appropriate, points are added to the DOL wage worksheet to determine whether a higher wage level is required. There are 4 steps in determining when a wage level should be increased. The employer's offered job is compared to the O*NET description for that type of occupation. If there are special skills or requirements in the employer's job description not encompassed by the generic O*NET job description, then the wage level may be increased. Otherwise, the wage level should remain at level I. The DOL will go through the education and experience components of the wage level analysis. Even if certain parts of the job are above level I, that would not automatically put the job at level II. The purpose of the wage worksheet is to go through the factors in the checklist and use the definitions of each level as a guideline. Therefore, a wage worksheet is only as good as the information provided by the employer. The employer should provide accurate information in the worksheet. http://www.greencardapply.com/question/question15/DOL_Wage_Worksheet_110815.htm http://www.greencardapply.com/h1b.htm

Draft the Labor Certification Carefully to Avoid Problems at the Form I-140 Application Step

Draft the Labor Certification Carefully to Avoid Problems at the Form I-140 Application Step Question: My employer will file labor certification for me soon, and will also sponsor my Green Card application later. How to draft the labor certification carefully to avoid problems at the Form I-140 application step? Answer: The chances of the Form I-140 application success for an immigrant visa are mainly determined at the Labor Certification step. Therefore, the labor certification needs to be drafted carefully to avoid problems at the Form I-140 application step, such as the employer's "ability to pay" issue. An alien beneficiary may get Form I-140 application success if the employer is sponsoring the Green Card application from the time the labor certification is filed. Ability to pay means a company’s ability to pay the wage listed on the labor certification to the foreign worker. Many green card applicants are under the mistaken impression that the ability to pay calculation begins only at the time of filing the Form I-140 petition. But actually, a company must demonstrate ability to pay from the time of filing the labor certification until the alien beneficiary has adjusted his or her status and become a U.S. permanent resident. The easiest and most preferred method to demonstrate that a company has the ability to pay, and obtain an Form I-140 approval, is for the alien beneficiary to work for the company, and be paid the wage listed on the labor application from the time of the labor certification filing. USCIS accepts only 2 forms of evidence to show the ability to pay: 1) an audited financial statement, which are time intensive and costly to prepare, especially for smaller companies, or 2) the company’s tax returns. Either way, the net income of the company must be greater than the wage payment. Sometimes, USCIS may send a Request For Evidence (RFE) letter sending to the Form I-140 petitioner to ask for evidence of “ability to pay all”. This means the company must demonstrate its ability to pay not just the alien beneficiary, but also the wages of all other employees they have filed I-140 petitions for. For some companies, reporting a high net income on the tax return is not usually in their best interest. This can lead to th Form I-140 being denied if the company does not report a net income high enough to cover the total of all pay gaps for all Form I-140s ever filed. http://www.greencardapply.com/question/question15/Ability_To_Pay_110915.htm http://www.greencardapply.com/perm.htm

The J-1 Waiver Application on the Financial Hardship Ground

The J-1 Waiver Application on the Financial Hardship Ground Question: I want to apply for J-1 waiver on the financial hardship ground. What kind of arguments or evidences that I should prepare for the J-1 waiver application? Answer: To apply for J-1 waiver in "financial hardship" option, the J-1 holder should consider the financial hardship for the U.S. citizen spouse and child. For example, if the J-1 alien goes back to his or her home country alone, the U.S. citizen spouse's salary may not be sufficient to cover the expenses of housing, childcare, and day-to-day life expenses inside the United States, especially in some expensive cities or states. Also, the J-1 alien would not be able to earn enough money in the home country to contribute to the family's support. Therefore, the situation is not financially viable. If the J-1 alien's family is in one of the highest cost-of-living areas in the United States, the couple may also not be able to accumulate significant savings upon which to rely for living without the J-1 alien in U.S. Additionally, as immigrants, they may not have relatives living in the United States to help them through the difficult time. Also, when one parent is abroad for the 2-year home country service and the other parent is in the United States, the U.S. citizen child would suffer. The child may not have contact with either parent, while both parents are working in U.S. and abrod, which lets to the negative impact of such a parental separation at a young age. While separation alone is not the hardship, but the situation may go beyond normal separation hardship levels in some cases. http://www.greencardapply.com/question/question15/J1Waiver_Financial_Hardship_112215.htm http://www.greencardapply.com/j1.htm

The Heightened Legal Standards for EB1 Extraordinary Ability Petition

The Heightened Legal Standards for EB1 Extraordinary Ability Petition Question: I recently received a notice of Request For Evidence (RFE) from USCIS with virtually insurmountable requirements for "the extraordinary ability has been demonstrated by sustained national or international acclaim", and "the achievements have been recognized in the field with extensive documentation", and it also requests many complicate evidence to be submitted again. How could I reply the RFE? Answer: The USCIS approval in the EB1 extraordinary ability (EB1-EA or EB-1A) petition is difficult to obtain. The EB-1A regulation requires that the alien applicant should reach the very top of his or her field. In some instances, U.S. Citizenship and Immigration Services (USCIS) adjudicators may go beyond the high standard that is appropriate for the EB-1A category, and create novel and virtually insurmountable requirements. The legal standard in the EB1 extraordinary ability category is very high. While the EB-1A category was intended to apply to a small group of individuals, it was not meant to be unattainable. The alien applicants should be able to demonstrate their extraordinary abilities in the fields of science, art, education, business, and athletics. It is necessary to establish that the extraordinary ability has been demonstrated by sustained national or international acclaim, and that the achievements have been recognized in the field with extensive documentation. With the wide discretion the USCIS having in adjudicating of the EB1 extraordinary ability cases, and the complexity of the evidence presented, USCIS adjudicators sometimes apply heightened legal standards. These are standards which are created by the adjudicator to support a negative decision. In some EB-1A petition cases, it may be difficult to challenge the ineligibility finding made by the USCIS. Therefore, it is necessary to carefully analyze the actual legal criteria, and the application of the criteria by the adjudicator to the often highly complex individual facts. http://www.greencardapply.com/question/question15/EB1A_Requirements_112315.htm http://www.greencardapply.com/ea.htm