How Will I know The Time To Remove Conditions On My Residence

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Picture this. It's almost two years since the time you immigrated to the United States to live a wonderful life with your spouse. You have your green card based on your marriage to a US Citizen spouse, you're working and happily settled in your new found home.

Lets pause here and go back to the time you were issued your green card. Green card obtained on the basis of marriage to a US Citizen has a condition attached to it. USCIS, the official machinery of the Unites States Government has put up measures in place to be sure that your marriage is not a sham and that your green card obtained on the basis of your marriage to a US citizen is not fraudulent.

So how to do you go about removing the conditions attached with your green card. The following details will help you out.

Petition to Remove Conditions on Residence:

To remove the conditions attached with your green card you need to file the Form I-751 immigration form. The I 751 immigration form is used to petition the USCIS to remove the conditions attached with your green card. Lets now analyze in depth your conditional green card as it is popularly known.

If your card was obtained based on your marriage to a US citizen you will be issued a conditional green card which is valid for 2 years.

By law, you are required to remove the conditions before the expiry of the stipulated two years. If you do not, then you tend to become out of status in the eyes of the USCIS.

I 751 Immigration Form and Process Involved:

1. File the I 751 immigration form within 90 days preceding the expiration date on your green card. It has to be noted here that this date is the date when your conditional residence expires.

2. Complete the I 751 application and do not forget to include all the supporting documents that will serve as evidence of a bona fide marriage relationship.

3. Mail the completed package with the relevant fee to the USCIS which has jurisdiction over your area

4. USCIS will mail you a confirmation receipt which will extend your green card status by one year.

5. Have this receipt with your green card as it is the only proof of your legal status.

6. Keep up with your scheduled biometric appointment with the USCIS.

7. If need be you might be called for an interview. The date and time will be informed to you by the USCIS.

8. Once your I 751 immigration form is approved, your new green card will be mailed to you. Your new green card will be valid for the next 10 years. Your green card will then have to be renewed every 10 years and in the interim, if you fulfill certain eligibility criteria you may also think of becoming a US citizen.

One should always be mindful of the fact that the conditions attached with your green card are to be removed with the I 751 immigration form and to have your green card current to relish and enjoy the work, life and other numerous benefits in the US.

Standing Proud With Our Newest Citizens, Honoring Our Veterans | The White House

Today is Veterans Day, a day reserved to express our solemn and immeasurable appreciation for the men and women who have served in the U.S. Armed Forces. We recognize the sacrifices that service members make each and every day for our great nation, sacrifices that are to be forever honored. That in America volunteers enlist in service of our country is a unique source of pride. The principles of freedom, justice, and equality form the foundation of our nation. Immigrants not yet citizens have joined our military and served with distinction alongside citizens in defense of these principles. Continue reading at Standing Proud With Our Newest Citizens, Honoring Our Veterans | The White House


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Employment Authorization Form I-765

Non US citizens who wish to work in the US should get authorization to work in the US. They can get authorization by filing the I-765 form which is the authorization for their employment. Though belonging to different national origin, aliens can work after the form I-765 is approved.

I 765 Application for Employment Authorization Document:

I-765 form or the Application for Employment Authorization Document is used by certain aliens to apply for an Employment Authorization Document. A valid Employment Authorization Document is issued in the form of plastic card which resembles a credit card. The information on the EAD card is all about the personal details of the alien who has applied like the name, sex, birth date, country of birth, alien registration number, recent photos, etc. So any foreign national with a valid EAD can work for an employer in the US.

Individuals can file I-765 form or Application for Employment Authorization by mail with the USCIS Regional Service Center closest to where they live. It can also be filed electronically. Each applicant should file a separate application, with the relevant fees and documents.

EAD can be applied for by certain foreign nationals like,

-one who has filed for a green card or Adjustment of status
-Spouses of L and E visa holders and spouses and children of J visa holders.
-Spouses and children of foreign government officials
-F1 and M1 students of certain categories
-B1 non immigrant employees of US citizens and foreign airlines.
-Foreign nationals of refugee and asylum status.
-Foreign nationals of V non immigrant status and who are under the temporary protected status.

The EADs issued by the USCIS are for different categories, like

*Renewal EAD- This is the EAD which is issued for the EAD that has expired and will be issued only under the same category.

*Replacement EAD- This is issued for the previously issued EAD that has been stolen, lost, damaged, or having erroneous information like mis spelled name etc.

*Interim EAD- This EAD is requested by the foreign employee, if his EAD has not been approved or denied within 90 days and it is 30 days for an asylum applicant.

Further, in case an individual has filed form I -485 application, which is the application to register Permanent Residence or Adjustment of status, on July 30, 2007 or after and paid for it as well, there is no necessity of a filing fee for I-765. Also the I 765 can be filed concurrently with the I-485 or filed separately at a later stage. In case of filing the I-765 form separately, then a copy of the I 797C,Notice of action should be submitted to show that the I 485 application has been filed.

The employment authorization document is a mere work permit and authorizes one to work in the US. Depending on the category, one has to file the I-765 form and take the advantage and right of working in the US, which is a dream for many of the foreign nationals.

Source: http://ezinearticles.com/?Employment-Authorization-Form-I-765&id=5288238

When Should An Employment Authorization Form Be Submitted?

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Employment authorization in simple terms is called the 'Work Permit'. Authorization for employment is a serious process and should be followed per the US government criteria. Regardless of the national origin or citizenship, individuals working in the US should be authorized to work in the US. Non immigrants in US, who are on a temporary stay in the US and are eligible to apply for authorized employment and can file the form I 765, which is the employment authorization form.

I 765 Application for Employment Authorization Document.

An EAD is basically a document which proves that an individual is authorized to work in the US. In case of lawful permanent residents it is not necessary to file the form as the the green card itself is an authorization to work. There are different categories through which an individual applies for the employment authorization form. Depending on the category and the requirements, one has to file the form I 765. A few of the categories that can file the form I 765 are listed below:

*Non immigrants who have filed for lawful permanent residents or application of adjustment of status.

*F1 students seeking OPT in an occupation directly related to studies

*Spouses of E and L visa holders

*M1 students seeking Practical Training after completing studies

*Employment- Based Non-immigrant Categories:

-B-1 Non-immigrant who is the personal or Domestic Servant of a Non-immigrant employee

-B-1 Non-immigrant Domestic Servant of a U.S. Citizen

*Family- Based Non-immigrant Categories:

-K-1 Non-immigrant fiancé(e) of U.S.Citizen

-V-1 Non-immigrant

*People in refugee status and paroled as refugee

*People under temporary protected status or applying for it.

*Individuals who are dependents of foreign government officials

Types of Employment authorization form:

There are four types of EADs and the employers must recognize the available types and authorize the individual per the requirement.

• Regular EAD or Initial EAD:This is the document that proves that the individual is authorized to work in the US

• Renewal EAD: This EAD proves that the foreign employee has renewed work authorization under the same category through which he/she has initially purchased. It is important to file Form I-765 at least 90 days before the original EAD expires.

• Replacement EAD: This document is applied in cases where the original EAD is lost, stolen, or mutilated or the original EAD contained incorrect information, such as a misspelled name or name change .Individuals applying for replacement documents can present the receipt for the Form I-765 as evidence of employment eligibility .

• Interim EAD: If the USCIS does not approve or deny a foreign employee's EAD application within 90 days (within 30 days for an asylum applicant), the employee may request an interim EAD document which allow her to work for a limited period of time.

Not many know the fact that a work permit or an employment authorization document is very essential for an individual who aspires to work in the US. If the individual is eligible for the employment authorization form then he/she can get the assistance from the employer to help in submitting the form I 765 or the employment authorization form.

Family Immigration - Understanding The Process

A lawful permanent resident has the authorization to permanently live and work in the United States. As a proof of the permanent resident status the individual is given an identification or an authorization card which is commonly called as Green Card . There are many ways in obtaining permanent residence status in the United States. One such way is through Family Immigration. Family based immigration allows an individual to become a permanent resident through a family member who is a US Citizen or a Permanent Resident of United States. The United States allows U.S. citizens and permanent residents to petition for their relatives to come and live permanently in the US.

Family Based Green Card

Obtaining a green card through family immigration is a two step process. The first step is filing the Family Immigration Petition form I-130 where the sponsor must establish a qualifying relationship with the immigrant. The second step is filing the green card application. The second step is not needed if the sponsor is a US Citizen and the immigrant is the spouse or parent or minor child who is currently in the US. Other immigrants who do not fall in this category must go through both the process .

If the sponsor is a U.S. Citizen, the applicant may be able to get a green card if he/she is the immediate relative or the family member of the US Citizen. If the applicant is the spouse (husband or wife), or the child (unmarried and under 21 years old), or the parent (if the U.S. citizen is 21 years or older) of a U.S. Citizen then they are called as Immediate Relatives. An applicant is called the Family Member of a U.S. citizen if he/she is an unmarried son or daughter (21 years or older) , a married son or daughter (any age) or a sibling (brother or sister) of a U.S. citizen.

If the Family Member is a Permanent Residents, the applicant may be able to get a green card if he/she is the immediate relative of the Permanent Resident. If the applicant is the spouse of a Green Card holder, or the child (unmarried and under 21 years old / above 21 years) of a Green Card parents, then the applicant is called an Immediate Relative.

To sponsor a family member, the sponsor must meet the following eligibility criteria.

• The sponsor must be either a US Citizen or a Permanent Resident of the US and a document must be provided as proof for such status.
• must have a qualifying relationship with the immigrant.
• must be willing to sponsor the immigrant by filing the family immigration form I-130 (Petition for Alien Relative)
• must prove that he/she will be able to support the immigrant and other sponsored family members financially at 125% above the mandatory poverty line.

If the applicant is inside US during the family immigration ins application process, he/she may qualify to adjust status to Permanent Resident without returning to their home country. Or if the applicant is outside US, then he/she may be eligible for Consular processing through a Consulate or through an US Embassy that has jurisdiction over their foreign place of residence.

Immigration Guidelines

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Immigration basically refers to the movement of people from one country to another. People immigrate due to varied reasons. Some immigrate due to conflicts, some due to poverty and some may voluntarily immigrate and the process on the whole is a very complex issue. Perhaps one needs a lot of courage to move altogether to a new place considering the facts of new culture and norms and also the pressure to earn for a living in a pretty expensive place with meager savings as well. The guidelines are designed to maintain the economic needs and are pillars of a healthy economy.

USCIS,INS :

The USCIS is a major backbone for all the immigration related issues. The U.S. Citizenship and Immigration services or the USCIS is a government agency which provides all services pertaining to immigration related issues and has been guiding the people. It is known for its profound services.

The progress of immigration laws has been very uneven during the past years. The laws were created by the independent colonies during the colonial times. Naturalization Act of 1790 made the first attempt to naturalize the foreigners, which later stopped by the Chinese Exclusion Act for the Chinese people from naturalizing and later the Immigration Act of 1924, straightened out the number of people (immigrants) to be permitted depending on the nationality. The Immigration and Naturalization Services, INS was created by the Immigration and Nationality Act of 1952.

Initially the process was carried on by five departments of the federal government which are the Department of State, Department of Labor, Department of Homeland Security, Department of Justice and Department of Health and Human Services. Later the immigration INS took the place of Department of Homeland Security, which enforces the immigration laws and guides the foreigners. This is again subdivided into three different departments, the USCIS, the Immigration and Customs Enforcement and Customs and Border Protection. This transition took place in the year 2003 due to the scandals in the year 2001. All functions of the INS was taken over by the Department of Home land Security, DHS due to the ineffectiveness of the INS. The ICE functions took over the US immigration and Customs Enforcement and the USCIS took over all the immigration related service functions.

The United States has been accepting more number of immigrants than any other country and hence the name, Land of Immigrants. Immigrating to the US has been a source of cultural change and population growth in the American history. In other words America has been energized by the immigrants who come from different culture and background. The USCIS makes sure that accurate and useful information is given to the people, by granting citizenship and immigration benefits and promoting awareness and thereafter ensure the unity of the immigration system. The USCIS plays a major role in processing the naturalization, refugee, asylum and the visa petitions, issuing employment authorization documents and granting permanent resident status. Effective and efficient processing of the applications is performed by the USCIS through the Application Support Centers and National Customer Service Center. Apart form these, the other goals of the USCIS include easy access to the resources and forms to the customers, secured information of the customers, providing customer oriented immigration benefits and information services, bringing a dynamic culture by promoting talented work force.

Extend or Change Non Immigrant Visa Status

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Nonimmigrant status is one that is temporary in nature, whereas an immigrant status is permanent. B-1/B-2 visa status falls under non immigrant status. Work visas holders also fall under non immigrant status. B-1 visa is issued to one who enters U.S. temporarily for business whereas B-2 visa is issued to person who enter as a tourist, or as the dependent of a B-1 visa holder or other non immigrant visa holder.

Having a visa allows you to travel to the US port-of entry and there the permission to enter the US is decided. The Department of Homeland Security, U.S. Customs and Border Protection (CBP) officials are the authority who can permit or deny admission to the United States. At the port of entry, if granted entry to the U.S., the Department of Homeland Security, US immigration inspector will provide Form I-94, the arrival-departure record in your passport. Per US immigration laws, you need to leave the United States if your I-94 contains a specific date. You can extend your visa status to stay longer than the date on your I-94 in the US if you were lawfully admitted into the United States with a nonimmigrant visa,

At times, persons who entered the US through a visitor visa might want to extend B-1/B-2 status or switch to B-1/B-2 status from another status. In such cases, the applicant must be able to show that the extended stay is temporary, and that he/she intends to return to his/her home country as soon as the status expires.

After the applicant entered on a valid mom immigrant visa, the application to extend or change to B-1/B-2 status is made through I-539 immigration form. The reason for requesting this extension should be justified. If the applicant is a tourist, then he/she needs to detail the places he/she will visit and the activities that are planned. If the applicant is a business visitor, he/she should furnish a letter from the host business detailing the reason for extension or change of status.

Ensure you file this application before your authorized stay expires. Certain cases might be excused if the delay in filing was due to extraordinary circumstances beyond your control and you need to prove this.

Why should I change my status ?

If you entered the United States as a tourist, but want to become a student, you need to get your visa status changed by submitting an application to the USCIS. You will be going against the US immigration ins laws if you do not apply to change your nonimmigrant visa status. You may also be removed/deported if you break U.S. immigration laws.

While filing I-539 immigration form for your extension, you can also include your spouse and your unmarried children under the age of 21 in your application. But all have to be in same non immigrant visa category. You can also include them in your I-539 immigration form if your spouse and children were given derivative non immigrant status. Derivative nonimmigrant status means based on your non immigrant status, your spouse and children were given nonimmigrant visas.