Friday, January 14, 2011

How To Get Green Card For My Sister?


Many of us wish to bring our siblings to the United States and are faced with the impending question "What is the green card sister application, and how do I go about it?" Let us now try to understand the process a bit more.

American citizens who are desirous of bringing their sisters to the US are allowed to file a green card sister application to petition their sisters. Per law, brothers and sisters are brought under the "preference category" and are not considered immediate relatives of the US citizen. The wait period is generally longer when compared to petitioning an immediate relative.

To be eligible to petition for the green card sister application you must be:

a. US Citizen and

b. at least 21 years of age.

It is not mandatory that you must be a natural born American. Your citizenship could have been acquired through naturalization or in any other way. However, as the petitioner you should be 21 years of age at the time of filing the petition.

Filing the Green Card Sister Application using Form I-130.

Before you file Form I 130 ensure that you have all the legal documents to establish your relationship with your sister. For the different types of relationships that are recognized by law you will require:

a) For legitimate sisters: A birth certificate for both you and your sister to show that you share at least one parent.
b) For half-sisters: A birth certificate for both you and your sister. This is to show that you share the same father. In such cases the marriage certificates of the father to each of the mothers and proof of termination of both parents' earlier marriages should be available.
c) For stepsisters: A birth certificate for both you and your beneficiary. In additon to this the marriage certificate of your parent and stepparent occuring prior to your 18th birthday would be needed.
d) For adopted sisters: The adoption decree occuring before the adopted child turned 16 years old, and your birth certificates.

Once you have all these documents ready you are ready to file the green card sister application (Form I 130 -Petition for an Alien Relative).

Gather and put all the required documents for your petition in a packet. These would include:

1) I-130 Petition for Alien Relative.
2) Proof of your citizenship.
3) Your (petitioner's) birth certificate.
4) The beneficiary's birth certificate.
5) Evidence of relationship.
6) If there is name change of the petitioner or the beneficiary (legally) proof of the name change.
7) The relevant fee applicable to the form I 130.

Prepare two copies of the visa petition. Mail one package to the USCIS, Chicago Lockbox and wait till a visa number is made available.

The US government limits the number of approved immigrants each year and as such you will be required to wait for a long time (close to about 10 years) as brothers and sisters fall into the fourth preference category. You need to wait till the USCIS approves your petition and also have a watch on the visa bulletin to find out when your petition date becomes current.

If your petition is approved and you are given a family visas number your sister can complete the green card sister process. She must then submit an immigrant visa application to the NVC. She will be scheduled for an interview at the local US consulate. If she passes the interview she will be given a visa and will be allowed to join you in the US.

In case your sister is in the US legally, she need not file an immigrant visa but she can file for an adjustment of status using Form I 485.

Friday, December 17, 2010

Filling Out The Form I-751

If you obtained your conditional green card through marriage to a U.S. citizen or permanent resident, you will be required to use the form I 751 to apply to the USCIS to request removal of the conditions attached to your green card and receive a 10 year green card without any conditions attached to it.

The following steps takes you through the 7 sections contained in the form I 751 that you would be required to complete and file to effectively remove the conditions attached with your permanent resident card.

1. Information about you. Provide the name in full, legal name, mailing address and personal information.

2. Basis for the petition: If the application is filed for removing the conditions jointly with your spouse, check option “a”. If you as a child are filing an indepent petition, check option “b”. If you are not filing a joint petition and requesting a waiver, check any one of the remaining options.

3. Additional information about you (applicant). If you have ever been known by any other names, list them. Also list out the date and place of your marriage, spouse's date of death (if applicable). If none applies write N/A and check yes or no for the remaining questions.

4. Information about the spouse or parent. Provide the details about your spouse (or parent, if you are the child filing independently) through whom you gained your conditional residence.

5. Information about your children. Provide for the full name, birth date, alien registration number (if any) and current status for each of your children in this part of your form I 751.

6. Signature. Affix your signature and print your name and date of the form I 751. If you are filing jointly, your spouse should also sign the form I 751.

7. Signature of person preparing form I 751 : If its a third party, which could be a lawyer, that had prepared the form for you, he or she should sign in this section. If you completed the form by yourself, you may write “N/A” on the line provided for affixing the signature.

Pointers:

1. Type or print legibly which should be done using a blank ink. The form I 751 can be filled out online using an Adobe reader, or you may also fill out the form I 751 manually.

2. If necessary, attach additional sheets. If an extra space is required to complete a question, attach an addendum with your name, ARN (Alien Registration Number), and date at the top of the page. Make sure to indicate the question number and sign and date the page.

3. Make it a point to answer all the questions. If a particular question is not applicable to your current situation write N/A. If the answer to the question is none write as “None”

4. If you are married to your US citizen spouse, and are still living together, you will be eligible for naturalization if you have established the 3 year residency requirement. Even if the form I-751 is still pending, USCIS will not approve your citizenship application until the form I-751 is approved. You may file form N-400, but there may be some delay.

Friday, December 10, 2010

B1 And B2 Visas for US

Family VisasIt is an elusive dream for many people to travel to the US. Every year, a huge number of people visit the US on various visas that are available. The US is said to be the land of dreams as there are many places of visit and enjoy. But traveling to the US is not as easy as going over to Asia or Europe. Just a visit to the US would become possible only with the visitor visa.

B1 Visa and B2 Visa:

The B1 and B2 visas are generally issued simultaneously . B1 visa is used by the travelers for the purpose of business and B2 visa is used by the travelers for the purpose of tourism or pleasure. In cases where you are already holding a B1 visa and there after you wish to travel around the US to visit places, then it is not necessary to go for a fresh visa, the old one will hold good.

The B1 visa is a non immigrant visa and as mentioned, is generally for business related issues .It can be any business related to academics, technical, professional or commerce-related conventions and definite-dated conferences. Further, if a person intends to attend any issues related to property and estates in the US, visitor visa is the right choice. Any bargaining on business deals or consultations in the US can be done with the help of B1 visa .This visa is favorable for any event related to sports or tournaments.

The B2 visa is generally for tourism purposes, is also called the Medical Treatment Visitor Visa or the Vacation Visa, and is another non immigrant visa and is filed if you wish to enter the US for anything related to pleasure or health. Further, it is used by people who would like to visit their family, ones who wish to participate in the social and community activities which are held in the US and also applicable for the dependents of the US armed forces who are assigned duty in the US on a temporary basis and amateur group of entertainers or athletes.

Before the B1 visa and B2 visa are granted, the individual who is applying for visas should be able to prove that he/she has a permanent status in the home country and his visit to the US is only temporary. The following are the general requirements while applying for visitor visas - proof of:

*The purpose of the trip
*Permanent residence in the home country
*To show that you have binding ties like property in the home country
*That you are not engaged in any business activity
*Financial resources so that you have enough funds to meet the expenses during your stay in US.

On entry into the US with a B1 visa or B2 visa, the individual is granted up to 6 months to remain in the US (the maximum allowable is 6 months). As long as the visitor maintains his status, there is a possibility of extending his status up to six months. Generally visitor visas should be applied from the country in which he/she is a resident of by showing the sufficient evidence of social, family or economic ties to his/her country of residence .

Thursday, December 2, 2010

Student Visas- An In Depth Look

All of us have the equal advantage and opportunity to excel in the field of education. But earning a degree in an American university, there are opportunities galore not only in this country but also all around the world. This being the reason, there are many who strive hard to obtain education in the US. Every year there is a significant number of students who opt for colleges and universities in the US, as many of them in the US are well recognized by the entire world.

Types of student visas:

The US student visas are generally applied for at the US consulate or Embassy for the students who wish to study in the US. The application for visa can be filed after receiving the form I 20. This form I 20 is issued by the university confirming that the applicant is a student of the university which basically admits the student into the US. There are 3 types of student visas.

F-1 visa
: This is the most common type of student visas. This is only meant for students who use to enroll themselves in an university or college for educational purpose and also to study the English language

M-1 visa: This is used by the students for the vocational or non academic study in the US university.

J-1 visa: This is generally for cultural exchange and educational programs and is commonly known as the exchange visitor visa.

US Student visas can be applied for 90 days before the date of registration of the I 20 form which was issued by the university. In case of not arriving at the institution at the mentioned date an extension from can be obtained. Generally the student visas are issued in few weeks or even hours after the submission of the application. The issuance of the visa depends on the various factors like the US consulate and time. There may be cases where the visa can be denied in which case the applicant has to follow-up with the US consulate.

The general requirements to apply for student visas include the Form I 20 which is the confirmation from the university and should be submitted along with the student visa application. It is always mandatory to know the English language and a proof has to be submitted. It can be a TOEFL (Test of English as Foreign Language) report. Apart from this the most important aspect is the proof of the financial capacity to meet the educational expenses . The funds of the sponsor can also be shown as a proof of the financial expenses. The US embassy generally gives importance to all the proof submitted in the affidavit. In case the financial support was from the financial institution in the form of a scholarship, it should be mentioned in the I 20 form and if it from the home country, the bank statements should be provided as proof. Finally, proof that you have come only for the purpose of the education should be submitted to the US consulate. On confirming all these the the passport will be stamped by the consulate .

US is the ideal place for students who have the urge to study in one of the recognized universities and settle there. Though the journey towards this seems to be exciting and easy, a lot of patience is required during the whole process.

Thursday, November 25, 2010

How To Obtain H1B Visa?



Generally a person who wishes to seek entry to United States must obtain a visa. A visa is an official travel document used to enter another country. There are various types of visas issued to people to enter United States based on the purpose of the entry.

If you wish to enter United States for employment purpose, you must obtain a visa with work permit in the United States. United States offers two working visas such as H1B and H2B visas . The H1B working visa is a non-immigrant visa category. H1B visa allows a foreign national to be sponsored by a US company for a period of six years . This H1B visa is mainly designed to be used for people who fall under the category called Specialty Occupations. The Specialty Occupations requires a high degree of specialized knowledge (usually this requirement can be met by having a 3 year degree or 3 years' equivalent post-graduate experience) in areas such as mathematics, architecture, engineering, and other occupations

To be eligible for the H1B visa, you must satisfy the requirements by the immigration law. The first requirement is that there must be a job offer for you in the United States. You must be then sponsored by the employer of the company or entity in the United States. Also, the US employer who sponsors you must provide a certification that the position requires a skilled person from a specialty occupation.

H1B Visa process

The process of applying for the H1B visa is a four step process:

• The first step is that you must be employed by the US employer who will be the sponsor
• The US employer must file a petition for you with the USCIS (United States Citizenship and Immigration Services)
• The USCIS will process the petition and they will decide on the approval or denial of your application.
• If the petition is approved, then you are allowed to work in the United States for the US employer who petitioned you.

The petition for H1B must be filed properly because any small error in the application will lead to the denial of the petition.

To apply for a H1B visa, the US employer must first file a Labor Condition of Application (LCA) with the Department of Labor (DOL). The LCA filed by the US employer with the DOL provides information about the company in US and agrees based on certain working conditions. The U.S. employer must agree to pay the H-1B employee at least the prevailing wage earned by similarly employed workers. After the approved LCA is returned by the DOL, the sponsor can file a petition for a H1B visa with the USCIS with proper supporting documents.

You must also provide the required supporting documents which includes the degree certificates and mark sheets and various other relevant documents.

Approximately after 4 to 10 weeks, USCIS will send a Notice of Action to the US employer. This indicates that the application is in process. If the USCIS is satisfied with the petition and the documents provided, they will send an Approval Notice of Action within 30-90 days of the receipt notice. Any decision on the petition will be notified in writing.

Friday, November 19, 2010

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



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.

  1. 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.

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

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

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

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

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

  7. 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.


Friday, November 12, 2010

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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