Can I Sponsor My Father's Immigration Application Inside the United States?

Can I Sponsor My Father's Immigration Application Inside the United States? Question: My Father Entered U.S. illegally, Can I sponsor his immigration application inside the United States? Answer: If your father entered the U.S. without inspection - illegally without passport or visa, as a general rule, he will have to return to the his native country and have the interview at the U.S. Embassy or Consulate there, after you file the Form I-130 application for him. There is a problem with having a consular process for persons who have remained in the US in unlawful status for more than 180 days, and they leave before the U.S. permanent residence case is approved, these people will be banned to return to the U.S. for 3 years. If the person remained unlawfully in the US for a whole year or more, then he will be banned of returning to the U.S. for 10 years. If he can avoid leaving the U.S. in the first place, he cannot be banned from returning. http://www.greencardfamily.com/question/question2016/Father_Immigration_Application_111316.htm http://www.greencardfamily.com

How to Assemble and Send My RFE Response to USCIS?

How to Assemble and Send My RFE Response to USCIS? Question, I received a notice of Request For Evidence from USCIS for my Green Card application. How to assemble and send my RFE response to USCIS? Answer, Before sending your Request For Evidence (RFE) response to United States Citizenship and Immigration Services (USCIS), you should make a duplicate copy of the USCIS' RFE notice, and save it for your records, because the original RFE notice should be the first page of your RFE response packet. After receiving your RFE response packet, USCIS will scan the RFE notice and forward it for further processing. Therefore, if you do not include the RFE notice, or if it is not on top of your RFE response packet, you can expect further delays for your Green Card application process. Also, you need to write a response cover letter that clearly outlines the contents of your submission, and it should reply each of the RFE requests in detail. The cover letter should be organized very similarly to the RFE requests, so that you can show the USCIS adjudicator handling your petition case that you provided all of the requested information. You should also make copies all of the documents that you send to USCIS, and save them for your records. The RFE notice should include the USCIS address to which your RFE response should be mailed. You should make sure that you mail the RFE response to that USCIS address, and not any other USCIS address to which you may have sent documents before. It is better to send your RFE response via priority mail with delivery confirmation, so that you have proof that you complied the USCIS requirements with the deadline. http://www.greencardapply.com/question/question16/Assemble_RFE_Response_103016.htm http://www.greencardapply.com/rfe.htm

Can a Partially or Fully Self-Incorporated Person Applies for O-1 Visa? Question, Can a partially or fully self-incorporated person applies for O-1 visa for himself or herself? Also, can a foreign employer be a corporation owned by the O-1 visa beneficiary? Answer, The U.S. immigration regulations require that an O-1 visa application should be filed by a U.S. employer, a U.S. agent, or a foreign employer through a U.S. agent. The regulations also indicate that an O-1 visa cannot be files by alien himself or herself. The regulations require that an O-1 visa petition should be filed by an U.S. employer or agent. Documentation of ownership and control of the business may be requested to verify that the petitioning entity is a real U.S. employer. The O-1 visa petition should not be based on speculative employment, and the terms and conditions of actual employment are required for O-1 visa application. For O-1 visa application, a foreign employer can be a corporation owned by the O-1 visa beneficiary, but the O-1 petition must be filed by a U.S. agent. A foreign employer may be a corporation owned wholly or in part by the O-1 visa beneficiary, but the foreign employer must utilize a U.S. agent to file the O-1 visa petition. USCIS may request information regarding the foreign employer and documentation to establish that there is work in place for the O-1 beneficiary in U.S. http://www.greencardapply.com/question/question16/O1_Visa_Beneficiary_103116.htm http://www.greencardapply.com/o1visa.htm

Can I Use the “On-the-Job” Experience in My PERM Labor Certification Application?

Can I Use the “On-the-Job” Experience in My PERM Labor Certification Application? Question, I worked for my current employer for more than 2 years. In my PERM labor certification application, can I include my experience with the current employer as the required experience? Answer, The PERM labor certification application should state the employer’s minimum educational and experience requirements for the offered position. It could be an issue if the alien employee gained all or a part of the required experience for the position while employed by the sponsoring employer. The required education and experience should be limited to the minimum for any person applying for the job. The U.S. Department of Labor (DOL) is skeptical of the accuracy of the stated minimum requirements, if these requirements exceed the qualifications when an applicant was initially hired by the employer. The DOL is only interested in the minimum requirements for a person to do the job, not the requirements for the ideal candidate. Thus, the DOL will be skeptical if the employer files a PERM labor fora position which states that the requirements for this particular job are a bachelor’s degree plus five years of experience "for the ideal candidate." Although the employer may consider the position as already filled by an alien employee, but DOL views that the alien employee's job is temporary, allowed to work in U.S. temporarily based on the H1-B or L-1 or other working visa. There should be a test of the U.S. labor market for the permanent position to be filled by the U.S. employer, to ensure that there are no able and willing U.S. workers who are minimally qualified and can perform the alien employee's job adequately. Using on-the-job experience in a PERM labor certification application case may increase the risk of a DOL audit and decreases the chances of PERM labor certification application approval. It is unfortunate that restrictions on the use of experience with the sponsoring employer influences some people to change employers. In some cases, alien employee may need to use on-the-job experience to qualify for particular positions. While it is challenging, it is also possible to use experience gained with the sponsoring employer. http://www.greencardapply.com/question/question16/PERM_On_Job_Experience_111316.htm http://www.greencardapply.com/perm.htm

USCIS Increases the Filing Fees for Most Types of Immigration Applications

USCIS Increases the Filing Fees for Most Types of Immigration Applications Question, What are the U.S. immigration application fees for next year after the fees increase? Answer, On October 24, 2016, the U.S. Citizenship and Immigration Services (USCIS) posted a notice in the Federal Register announcing an increase in filing fees for most types of immigration applications. These fee increases are scheduled to go into effect December 23, 2016. The USCIS determined that the fee increase was necessary in order to avoid a budget shortfall in the coming years. The fee increase was proposed on May 4, 2016 and was made final on October 24, 2016. Pursuant to the final rule, USCIS filing fees will increase by a weighted average of 21 percent. Any applications received by the USCIS on or after December 23, 2016 will have to include the fee set under the new rule. It has been 6 years since the USCIS last raised its fees. So, it is reasonable to conclude that these newly set fees will remain in place for at least a few years. http://www.greencardapply.com/question/question16/USCIS_Fee_Increase_111416.htm http://www.greencardapply.com/index.htm

EB1C Beneficiary Must Be Employed Abroad in a Managerial or Executive Position

EB1C Beneficiary Must Be Employed Abroad in a Managerial or Executive Position Question, I am in L-1B visa for almost 2 years. With newly promotion to a division manager, I can apply for U.S. Green Card in the category of EB1-Multinational Executive or Manager? Answer, For EB1-Multinational Executive or Manager petition ( EB1C), the petitioner must establish that the beneficiary was employed abroad in a qualifying managerial or executive position for at least one out of the three years prior to his entry to the United States as a nonimmigrant to work for the same employer. For a EB1C case, a detailed description of job duties is the key to determine the true nature of the employment. Without the necessary information, USCIS cannot conclude that the beneficiary was employed abroad in a qualifying managerial or executive capacity. http://www.greencardapply.com/question/question16/EB1C_Managerial_Executive_Position_112616.htm http://www.greencardapply.com/l1visa.htm

What Should Consider When Evaluating the H-1B Employer-Employee Relationship?

What Should Consider When Evaluating the H-1B Employer-Employee Relationship? Question, My potential employer may assign me to a client's worksite for long time. For the employer to apply for H-1B visa for me, what factors does USCIS consider when evaluating the employer-employee relationship? What types of evidence can my employer provide to demonstrate that I have a valid employer-employee relationship with the beneficiary? Answer, For the H-1B visa application requirement of employer-employee relationship, USCIS will evaluate whether the petitioner has the “right to control“ the beneficiary's employment, such as when, where and how the H-1B alien beneficiary performs the job. The factors to be considered include: 1) the manner and extent to which the petitioner actually supervises the H-1B alien beneficiary; 2) the petitioner's right to control the alien beneficiary's daily work and work product; and 3) the petitioner's right to hire, pay, and fire the beneficiary. USCIS adjudicators will review the totality of the circumstances when making a determination as to whether the employer-employee relationship exists. The H-1B petitioners should provide detailed documentation of the employment relationship. Particularly in cases in which the beneficiary will be assigned to third-party or client worksites, H-1B employers should carefully document that it, and the employer should have the right to supervise, direct, and review the H-1B visa holder's work, and terminate the employment. A detailed itinerary providing information on the multiple work locations should also be attached with the H-1B visa application documents. http://www.greencardapply.com/question/question16/H1B_Employer_Employee_Relationship_112716.htm http://www.greencardapply.com/h1b.htm

CSPA Coverage for K-2 Child before 21 Birthday Question: I was in the K-2 status before, and will reach 21 birthday soon. Can I get Green Card without leaving the United States using CSPA protection? Answer: A K-2 child does not generally have a Form I-130 petition for alien relative filed by the U.S. citizen, which is required in order for Child Status Protection Act (CSPA) provisions to be applicable. Therefore, a K-2 child cannot utilize the CSPA when seeking to adjust status. Thus, a K-2 child may only seek Form I-485 adjustment before reaching the 21st birthday, and must adjust prior to his/her 21st birthday. U.S. Citizenship and Immigration Services (USCIS) may accept a Form I-130 application filed by the U.S. citizen based on a parent-child relationship between the U.S. citizen and the K-2 child. For example, when the U.S. citizen has married the K-1 alien, and the K-2 child was not yet 18 years old at that time. In this situation, the K-2 child is considered the step-child of the U.S. citizen under the law. This will allow an alien child who once was in a K-2 status to adjust on the basis of being an immediate relative of a U.S. citizen, and allow the K-2 child to utilize the Child Status Protection Act (CSPA) when seeking adjustment of status - not age out while the Form I-485 application is pending. Exercising this CSPA option will require: An existing parent-child relationship between the U.S. citizen petitioner and the K-2 child; Filing of Form I-130 prior to the K-2 child's 21st birthday; Submitting all required documentation and paying the required fees associated with Forms I-130 and I-485. http://www.greencardfamily.com/question/question2016/K2_Child_CSPA_080716.htm http://www.greencardfamily.com/index.htm

Can My Parents Adjust Status in U.S. to Get Their Green Card? Question: As U.S. citizen myself, my parents entered the U.S. as tourists. Can they adjust status here to get their Green Card? Answer: If your parents are in the United States after a legal entry with a valid visa, as U.S. citizen's immediate relatives, it is possible for your parents to apply for a U.S. Green Card without leaving the United States. However, if your parents entered United States without inspection, such as by smuggling across the border, your parents cannot apply for a U.S. Green Card without leaving the United States, and it can be a problem for their immigration at all, since living in the U.S. unlawfully for longer than 6 months may create a long-term bar to U.S. admissibility. The process to get a Green Card in Unites States is called "adjustment of status." U.S. citizen's parents would not have to wait for the Form I-130 to be approved, but they could submit it concurrently with the Form I-485 application for adjusting status. If you have already obtained Form I-130 approval, your parents can simply submit the approval notice, also called Form I-797, along with the Form I-485 adjustment of status. http://www.greencardfamily.com/question/question2016/Parents_Adjust_Status_080616.htm http://www.greencardfamily.com/index.htm

Can I Upgrade My Green Card Application Case from EB3 to EB2 Category? Question, I have an approval of Labor Certification and Form I-140 immigrant visa petition in the employment-based, third preference (EB3) category. With a new Master degree and additional job experience, can I upgrade my Green Card application case from EB3 to EB2 category? Answer, There are some alien applicants who are interested in the possibility of what is referred to as "upgrading" their Green Card application EB3 cases to employment-based, second preference (EB2). This strategy is used following the approval of an I-140 petition in the employment-based, third preference (EB3) category. The observation of the monthly U.S. Department of State's visa bulletin reveals a major difference between the EB2 and EB3 immigrant categories, for some countries like India, Mexico, Philippines, and China. For example, in recent years, EB2 India has fluctuated between 2004 and 2010, EB3 India has slowly advanced for the same period, from 2002 to 2003. Thus, the EB2 India's visa movement is faster than EB3. For many EB3 visa applicants, the immigrant visa waiting time is unavoidable. However, some employment-based immigrant visa applicants may qualify to change to EB2 visa category because of the following reasons: having obtained advanced degrees, having additional job experience, having new job offers that satisfy the requirements for EB2 filings; an increase in the complexity and sophistication of one's job duties and a commensurate increase in salary. The change to EB2 immigrant visa category does not actually "upgrade" the previously filed Labor Certification (LC) and Form I-140 petition. This EB3 to EB2 "upgrade" process requires the filing of a new Labor Certification and related Form I-140 petition, requesting EB2 classification. Using the EB2 category, the obvious benefit is a potentially accelerated path to eligibility for filing for adjustment of status to permanent residence with form I-485, the strategy involves requesting retention of an earlier and more favorable priority date, which is possible in cases with an earlier-approved Form I-140 petition. http://www.greencardapply.com/i140.htm http://www.greencardapply.com/question/question16/EB2_Upgrade_080616.htm

P-1 Visa for Athletes with Internationally Recognized Reputation Hi William, As an internationally recognized athlete in martial arts, do I qualify for the P-1 visa for an athlete? Answer, To qualify as a P-1 visa for an athlete, the alien athlete or sport team should have an internationally recognized reputation in the sport. The alien applicant should demonstrate the internationally recognized reputation to the U.S. Citizenship and Immigration Services (USCIS), by showing a contract with a major U.S. sports league, team, or international sporting event, with at least two of the following evidence: • proof of the applicant's or team’s previous significant participation with a major U.S. sports league; • proof of participation in an international competition with a national team; • proof of previous significant participation with a U.S. college in intercollegiate competition; • evidence that the person or team is internationally ranked; • proof that the person or team has received a significant honor or award in the sport; • a written statement from an official of a major U.S. sports league or the governing body of the sport, explaining exactly how the person or team is internationally recognized; • a written statement from the sports media or a recognized expert regarding the person's or team's international recognition. http://www.greencardapply.com/question/question16/P1_Visa_Athletes_080516.htm http://www.greencardapply.com/pvisa/pvisa_answers.htm

The Supervised Recruitment for PERM Labor Certification Question, What is the Supervised Recruitment for PERM Labor Certification? How does a PERM application get selected for Supervised Recruitment? Answer, Due to the high rate of unemployment in the United States in the past years, U.S. Department of Labor (DOL) has suggested it will subject more Labor Certification (PERM) cases to "supervised recruitment." The Supervised recruitment is one of the tools DOL uses to protect the integrity of the PERM Labor Certification program. Thus, employers need to understand what supervised recruitment is, and prepare for additional recruitment steps and delays. Under regulation 20 CFR656.21, if U.S. Department of Labor determines an employer substantially failed to produce required documentation, or the provided PERM application documentation was inadequate, or a material misrepresentation was made with respect to the PERM application, or if the Certifying Officer (CO) determines it appropriate for other reasons, the employer may be required to conduct supervised recruitment. If an employer is required to undergo the supervised recruitment, the DOL will direct the PERM Labor Certification recruitment effort. This includes approval of the employer's advertisement text by a Certifying Officer prior to the employer's placement of the advertisements. The employer should arrange for the advertisements to run within the designated timeframe, using the forms of recruitment specified by the CO, such as one of the required advertisements ran online on Monster.com or Hotjobs.com. http://www.greencardapply.com/question/question16/PERM_Supervised_Recruitment_072516.htm http://www.greencardapply.com/perm.htm

The Alien Applicant's Job Duties Must be Sufficiently Similar for Form I-485 Application Question, I have a Form I-485 application pending, can I accept a job promotion as a manager from my employer, and remain eligible to Form I-485 application to adjust my status to U.S. permanent residence? Answer, USCIS adjudicator will evaluate the promotion situation on a case-by-case basis. The alien applicant's job duties for each position, the SOC codes for each position, and any differences in the salaries will be the determining factors, as to whether the alien applicant remains eligible for Form I-485 adjustment of status. Whether the new position is considered a demotion, a simple move, or a promotion within the organization, the alien applicant's job duties must be sufficiently similar. USCIS adjudicator will review the totality of the case, based on the regulation in INA section 204(j) and 106(c) of AC21, to evaluate the job mobility within the same or similar occupational classification, for qualifying alien applicant with the pending Form I-485 adjustment applications. http://www.greencardapply.com/question/question16/Form_I485_Similar_Position_072416.htm http://www.greencardapply.com/i485.htm

The NIW Petition for J-1 Visa Holder Subjected to the Two-Year Home Country Residency Requirement

The NIW Petition for J-1 Visa Holder Subjected to the Two-Year Home Country Residency Requirement For a J-1 visa holder subjected to the two-year home country residency requirement, you can file the NIW based Form I-140 petition now for your immigrant visa, and get your J-1 waiver later. You do not need to have a J-1 waiver before file an Form I-140 petition. The two-year home country residency requirement does not allow you to adjust the status from J-1 to U.S. permanent residency. After your NIW based Form I-140 approval, you are still subject to the two-year home country residency requirement, and you need to get the J-1 waiver before you can file Form I-485 to adjust your status to U.S. permanent resident. To help you get your J-1 waiver easily and quickly, we provide a high quality and case-proven Complete Do-It-Yourself Package for J-1 Waiver Application, based on our extensive and practical experience. As added value in the Complete Do-It-Yourself Package for J-1 Waiver Application, we provide comprehensive instructions on J-1 waiver application requirements and processing, and we also let you know the required application documents, evidence, procedures, samples of recommendation letter and J-1 program sponsor letter, samples of required forms, http://www.greencardapply.com/ http://www.greencardapply.com/niw/what-is-niw.htm

New Fees for H-1B Status and L-1 Visa/Status Petition

New Fees for H-1B Status and L-1 Visa/Status Petition Question: What is the current fee for H-1B or L-1 visa application? is the fee required only for initial petition or change of employer? Answer, A law has passed in U.S. Comgress (Public Law 114-113) to increase the an already high filing fee for H-1B visa and L-1 visa petitions filed by companies that meet certain requirements, the subject employers must pay the increased fee of $4,000 for all new H-1B employees (increased from $2,000), and $4,500 for all new L-1A and L-1B employees (increased from $2,250). Only companies with fifty (50) employees or more in the U.S., at least 50 percent of whom are in H-1B status or L-1 status, are subject to the fee of $4,000 for H-1B, or $4,500 for L-1. If a company has fewer than 50 employees in the U.S., or if company's combined total of H-1B and L-1 workers is less than 50 percent of its total U.S. workforce, this fee does not apply. The following petitioners must submit the additional fees with an H-1B or L-1 petition filed: 1) Initially to grant status to a nonimmigrant status of H-1B or L-1, or 2) To obtain authorization for a nonimmigrant in such status to change employers. This fee is in addition to the a) Base Processing Fee, b) Fraud Prevention and Detection Fee, c) American Competitiveness and Workforce Improvement Act of 1998 fee (when required), as well as d) the premium processing fee, if applicable. Subject employers do not need to include the $4,000 or $4,500 fee each time an H-1B visa or L-1 visa petition is filed to USCIS. An employer generally is required to pay the fee only one time for such employee. It is important for employers to properly assess filing fee requirements. H-1B or L-1 petitions filed without the correct filing fees may be rejected directly. http://www.greencardapply.com/question/question16/H1B_L1_Fee_020216.htm http://www.greencardapply.com/h1b.htm http://www.greencardapply.com/l1visa.htm

Use the Chargeability Rule to File Form I-485 Application

Use the Chargeability Rule to File Form I-485 Application Question: My wife and I were born in different countries, and we are waiting for the immigrant visa to become current to file Form I-485 application to get our Green Card. A friend of my mentioned the "chargeability". How could I use my wife's visa number for "cross-charge" to file Form I-485 application? Answer, Immigration to the United States is numerically limited. This is controlled by an annual allocation of immigrant visa numbers. Each family-based immigrant category and employment-based immigrant category has its own limited immigrant visa number. Additionally, there is a per-country limit of 7 percent of the total immigrant visa numbers. The maximum number of family-sponsored and employment-based preference visas that can be issued to citizens of any country in a fiscal year. The limits are calculated each fiscal year depending on the total number of family-sponsored and employment-based visas available. No more than 7 percent of the visas may be issued to natives of any one independent country in a fiscal year. Because of the combined workings of the preference system and per-country limits, most countries do not reach this level of visa issuance. The foreign state of chargeability is a United States immigration concept – it is the country determined to be the applicant's origin. In general, the applicant's country of birth will determine their country of chargeability. For certain applicants born in oversubscribed countries such as India and China, approval to be chargeable to another country can significantly reduce the waiting time for their adjustment of status or consular processing of their green card application. This process is also known as alternate chargeability. The basic rule of chargeability is that one is charged against the quota for the country of his or her birth. This determination is not tied to citizenship or nationality. A person born in a particular country is subject to that country's quota. For example, a potential immigrant is born in India. He subsequently becomes a Canadian citizen. Unless this individual fits within one of the exceptions discussed below, he will still be subject to the backlogged quota for India, even as a Canadian citizen. In some circumstances, an immigrant can cross-charge to the country available to his or her spouse (provided that the spouse is immigrating also). For example, cross chargeability would usually be available if a person born in India were to marry a person born in Canada. If a U.S. employer filed an employment-based, second-preference (EB2) petition on behalf of the individual born in India, she or he would be able to use the Canadian chargeability, if immigrating with the spouse. Historically, this would mean immediate eligibility for immigration benefits under the Canadian quota, rather than many years of waiting under the heavily-backlogged Indian quota. http://www.greencardapply.com/question/question16/Immigrant_Visa_Chargeability_021516.htm http://www.greencardapply.com/i485.htm

Can I Apply for O-1 Visa? What Are the O-1 Visa Qualification Requirements?

Can I Apply for O-1 Visa? What Are the O-1 Visa Qualification Requirements? Question: As a research associate with Master degree in a private company, I could not get H-1B visa due to the visa quota. Can I apply for O-1 visa? and what are the qualification requirements? Answer, The O-1 visa is available to an alien applicant who has a job offer in the United States, with proven extraordinary ability in the sciences, arts, education, business, or athletics. The O-1 visa applicant should have received national or international acclaim in a particular field, or if working in motion pictures or television productions, have a demonstrated record of extraordinary achievement. O-1 visas can be given only on the basis of an alien applicant's individual qualifications. Being a members of a group or team will not, by itself, qualify the alien applicant for an O-1 visa. Also, the alien applicant should come to the United States working or performing at an event or a series of events in the area of extraordinary ability. The term "event" is interpreted liberally outside the fields of athletics and arts, and it can include an ongoing research project for a private company or university. A job offer from a U.S. employer is a basic requirement for the O-1 visa applicant. There is no annual visa limit on the number of alien applicants who can receive the O-1 visas. Some of the advantages and disadvantages of the O-1 visa include: 1) The O-1 visas can be issued quickly by USCIS. The O-1 visa holder can work legally in the United States for the O-1 visa employer. If the O-1 worker wants to change jobs, a new visa application is required. 2) The O-1 visas will be issued for the length of time necessary for a particular event in the United States, up to a maximum of 3 years, with unlimited extensions in 1-year increments. 3) The O-1 visa holder and the family members can travel in and out of the United States, or stay continuously in the United States for as long as the O-1 status are valid. 4) The O-1 visa holder's spouse and unmarried children under age 21 can accompany the O-1 visa holder, but they could not accept employment with the O-2 visa in the United States. http://www.greencardapply.com/question/question16/O1_Visa_Requirements_021616.htm http://www.greencardapply.com/o1visa.htm

The Background Check for Form I-485 Adjustment of Status

The Background Check for Form I-485 Adjustment of Status Question: My Form I-485 application is pending. I called the USCIS Customer Service Help Line for my case progress, and was told that it is in the process of "background security check". What kind of checks will be included in this background security check? Answer: To ensure that immigration benefits are given only to eligible applicants, USCIS adopted background security check procedures that address a wide range of possible risk factors. Different kinds of applications undergo different levels of scrutiny. USCIS normally uses the following three background check mechanisms but maintains the authority to conduct other background investigations as necessary: 1) The Interagency Border Inspection System (IBIS) Name Check— IBIS is a multi-agency effort with a central system that combines information from multiple agencies, databases and system interfaces to compile data relating to national security risks, public safety issues and other law enforcement concerns. 2) FBI Fingerprint Check—FBI fingerprint checks are conducted for many applications. The FBI fingerprint check provides information relating to criminal background within the United States. Generally, the FBI forwards responses to USCIS within 24-48 hours. If there is a record match, the FBI forwards an electronic copy of the criminal history (RAP sheet) to USCIS. 3) FBI Name Checks—FBI name checks are also required for many applications. The FBI name check is totally different from the FBI fingerprint check. The records maintained in the FBI name check process consist of administrative, applicant, criminal, personnel and other files compiled by law enforcement. Initial responses to this check generally take about two weeks. In about 80 percent of the cases, no match is found. http://www.greencardfamily.com/question/question2016/I485_Background_Check_021516.htm http://www.greencardfamily.com/i485.htm

Documentation for Marriage-Based Green Card Application Interview

Question: I have married with my U.S. citizen husband for more than 2 years inside the U.S. Now USCIS local office will interview us for my permanent Green Card application for the "real marriage". What find of documents I should prepare for the interview. Answer: An alien spouse must prove that your marriage is real, not a sham just to get a Green Card. Collect and photocopy as many of the following items as possible. Do not send originals to USCIS. You should prepare the wedding invitations, church certificates, or other reliable documents that show the required relationship including: •Joint bank accounts; •Joint credit card statements; •Joint club memberships; •Joint federal and state tax returns; •Copies of actual credit cards, health insurance cards, or other "joint" cards that you have together, showing same account number; •Photographs of you and your spouse taken before and during your marriage, wedding photographs preferably those that include parents and other relatives from both families. http://www.greencardfamily.com/question/question2016/Green_Card_Interview_Document_021616.htm http://www.greencardfamily.com/citizenspouse.htm

The EB-1A Criteria Analysis - Alien's Membership in Associations in the Field

The EB-1A Criteria Analysis - Alien's Membership in Associations in the Field To satisfy this EB1 extraordinary ability criterion, the submitted evidence should establish that the alien applicant’s significant achievement in the field is the basis for the alien’s membership in the association. It is not sufficient for this criterion if the membership is based on education level, or is based on years of experience in the field. To satisfy this criterion, alien applicant's membership in associations should require outstanding achievements of their members, as judged by national or international experts in their fields. Also, USCIS believes that the membership fee payment or an association’s publication subscription is not sufficient for this criterion, because membership in some associations can be a requirement of an occupation, such as union membership or guild affiliation for actors. Furthermore, a compulsory membership in an association is not indicative of the alien applicant’s achievements in the field. Therefore, for example, a membership in a State Bar, in American Bar Association (ABA), or in American Immigration Lawyers Association (AILA) will not be considered sufficient for this criterion by USCIS. Because lawyers are required to be members of a State Bar, most members of the bar can become ABA members, and most immigration lawyers could be eligible to become AILA member. To satisfy this criterion, the petitioner should show that the membership of an association is exclusive, which means that membership is limited only to those who have been attained outstanding achievements in the field as judged by their peers. For example, an alien’s membership in the National Academy of Sciences and Engineering would satisfy this criterion, because it is an honorific society, and its membership nominations are based on original research and accomplishment in the field, and and membership is granted based upon recognition of the individual’s distinguished achievements in original research. Also, to meet this criterion, the petitioner should provide evidence to confirms that the association requires outstanding achievements of its members. To assist the USCIS in determining that the beneficiary’s membership satisfy this criterion, the petitioner may submit the section of the association’s constitution or bylaws which discuss the criteria for membership for the beneficiary’s level of membership in the association. www.greencardapply.com/ea/extraordinary-ability-criteria.htm www.greencardapply.com/ea.htm

ICE Field Representatives for Monitoring SEVP Schools and Students Question, As a designated school officials for F-1 international students in a small college, please provide more information for ICE's field representatives program for monitoring SEVP certifies schools and F-1 students. Thank you. Answer, Student and Exchange Visitor Program (SEVP) is part of U.S. Immigration and Customs Enforcement (ICE), and it is responsible for monitoring F-1 and M-1 students, and administering the SEVIS (The Student and Exchange Visitor Information System). SEVP is also responsible for the screening process required of U.S. schools seeking certification to participate in the F-1 and M-1 student programs. With specially trained field representatives, SEVP has representatives throughout the United States. The field representatives work directly with the education school officials in their assigned areas. These representatives are involved with the F-1 and M-1 school certification process. They also play a key role in assuring school compliance with F-1 and M-1 related requirements. The field representatives are responsible for acting as a resource to schools seeking SEVP initial certification or recertification. They are also involved in educating designated school officials, on foreign student related laws and regulations, and to ensure the integrity of the student data in the SEVIS system. The field representatives will provide assistance to designated school officials who face the complexities of the SEVIS system and F-1/M-1 student related requirements. As part of U.S. Immigration and Customs Enforcement, SEVP is used to monitoring and enforcement. The field representatives will help in the identification of schools engaged in practices that violate U.S. immigration law. http://www.greencardapply.com/question/question16/SEVP_Field_Representatives_011916.htm http://www.greencardapply.com/index.htm

P-1 Visa for Entertainer and Application Evidences Question: As an entertainer, I will join a circus group with sustained international recognition to perform in the United States for 12 months. Do I qualify for a P-1 visa? and how to provide the application evidence? Answer, The P-1 visa is the good choice of visa application for athletes and entertainers who do not meet the “extraordinary ability” standard required for an O-1 visa. The P-1 visa is not available to an individual person or entertainer. The P-1 visa is only available to members of a group entertainers or athletes that have an international reputation. This group should perform regularly for at least 1-year, and the most of the members should perform with the group for at least one year. U.S. employer should file the P-1 visa petition to U.S. Citizenship and Immigration Services (USCIS) with the proof of the group’s sustained international recognition, such as nomination or receipt of significant international awards/prizes, or at least 3 of the following evidences: 1) proof that the group has or will star or take a leading role in productions or events with distinguished reputations; 2) reviews or published material showing that the group has achieved international recognition and acclaim for outstanding achievement in the field; 3) proof that the group has and will star or take a leading role in productions or events for organizations with distinguished reputations; 4) proof of large box office receipts or ratings showing the group has a record of major commercial or critically acclaimed successes; 5) proof that the group has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts, or 6) proof that the group commands a high salary or other substantial remuneration. For circus performers and essential personnel, they do not need to have been part of the group for at least 1-year to get a P-1 visa, if the circus has a nationally recognized outstanding reputation. http://www.greencardapply.com/question/question16/P1_Visa_Entertainer_011816.htm http://www.greencardapply.com/pvisa.htm

It Is Very Importance to Double Check All Information on the ETA Form 9089 Question: My employer made mistake on the ETA Form 9089, therefore the PERM Labor Certification was denied for a small error. What could we do thereafter? Answer: When alien workers apply for a U.S. Green Card through the employment in the United States, in most cases, they rely on the U.S. employer's job offer to successfully complete the PERM Labor Certification. The PERM Labor Certification process requires the U.S. employer to conduct recruitment, place advertisements for the alien worker’s job position, and submit the ETA Form 9089 to the U.S. Department of Labor (DOL) and attest that no qualified, willing U.S. workers are available for the offered position. After receiving the U.S. employer's submitted ETA Form 9089, the U.S. Department of Labor will either approve the Labor Certification application, or simply deny the Labor Certification application. After the DOL approves the application, the U.S. employer can complete the second step in the Green Card application process, which is to fill an immigration visa petition on Form I-140 with U.S. Citizenship and Immigration Services (USCIS). The ETA Form 9089 is submitted online by U.S. employer on the U.S. Department of Labor's website. The most common mistake that U.S. employers make when completing the ETA Form 9089 is not double checking that every information they have supplied in the form is correct. After the form submission online, to correct any errors on the form, the only solution is to withdraw the application and refile it. The employers are allowed to send corrected ETA Form 9089s to the DOL by mail. Also, sometimes, the solution of withdrawing and refiling is not possible online, because allowed advertisements time period have expired by the time the U.S. employer notices the mistake. The U.S. Department of Labor may deny an ETA Form 9089 for trivial errors, such as spelling mistakes in the employer’s name or the alien worker’s home address. In this situation, the employer needs to restart the process again which may take long time. Therefore it is very importance that U.S. employers double check all information on the ETA Form 9089. http://www.greencardapply.com/perm.htm http://www.greencardapply.com/question/question16/Check_ETA_Form_9089%20_010616.htm

How to Get the Immigrant Visa after Form I-130 Approval for Brother/Sister Immigration? Question: My sister is a U.S. citizen who submitted the Form I-130 to USCIS for my immigration. After it's approval, how could I get the immigrant visa or get Green Card to enter United States? Answer: After USCIS approved the sibling (brother or sister) immigrant visa petition of Form I-130, the U.S. citizen's brother or sister will receive a "priority date," based on the day USCIS first received the Form I-130 petition. Then, the long waiting for immigrant visa will begin. If the brother or sister has children who want to come along to U.S. on this immigrant visa, these children must not get married before entering the United States with the immigrant visa. Because turning 21 years old will make them ineligible for the immigrant visa. U.S. citizen petitioner then should start tracking the progress of priority dates in the family-based 4th preference immigration category, by monitoring the U.S. State Department's Visa Bulletin. When the dates shown on the family-based immigrant visa chart for the 4th preference category start to get close to your sibling's priority date, then U.S. citizen petitioner should look for letters coming from the National Visa Center (NVC), or contact the National Visa Center if you forgot to send them a change of address form. If your sibling is in the United States on a valid visa, such as H-1B visa, J-1 visa, or F-1/J-1 visa, when the priority date becomes current, he or she should be able to adjust status inside the United States, to get the green card without leaving the United States. But if your brother or sister has only a tourist visa, such as B visa, and hope of adjusting status in the United States, it may constitute a fraudulent use of the tourist visa, and potentially lead to the green card application being denied. For most cases, the U.S. citizen's brother or sister needs to go through the "consular processing", by having an immigrant visa interview at a U.S. consulate in his or her home country. If the interview goes well, he or she and family members will be issued immigrant visas to the United States. After entering the U.S., they will become permanent residents of United States, and receive their actual Green Cards a few weeks later. http://www.greencardfamily.com/question/question2015/Sibling_Green_Card_090815.htm http://www.greencardfamily.com/sibling.htm

Staying in U.S. for Additional Time - Grace Periods for F-1 and J-1 Visa Holders

Staying in U.S. for Additional Time - Grace Periods for F-1 and J-1 Visa Holders Question: I am an J-1 Exchange Visitor. I will finish my research program within one month. What is the Grace Period do I have for me to stay in the United States for additional time? Answer: The misunderstanding for "grace period" is common. A common misconception is that a grace period will allow alien students or visiting scholars to remain in U.S. after their education or after the denial of their immigration petitions. But in most situations, the grace period is very limited after their education to stay in United States, or even there is no such legal grace period after denial of their immigration petitions. By definition, the grace period in the context of visa or immigration is a continuation of valid nonimmigrant status in the United States. For most cases, the term of grace period is used to refer to the continuation of F-1 student or J-1 exchange visitor status after the completion of the F-1 or J-1 study/research in the United States. Therefore, the alien students or visiting scholars who are present in a proper grace period are considered to be in a lawful nonimmigrant status in U.S. For an international student, a "grace period" of 60 days of valid F-1 student status is added upon the completion of the F-1 study or F-1 post-completion practical training (OPT). During the 60 days grace period, a F-1 student may change status, transfer to a different study program, or prepare for departure from the United States to their home countries. For J-1 exchange visitors, there are generally 30 days of "grace period", following the completion of their J-1 programs or research. http://www.greencardfamily.com/question/question2016/F1_J1_Grace_Periods_011916.htm http://www.greencardfamily.com/index.htm