Immigrant Visas

What is Consular Processing?

2007-03-15T00:54:00.000-07:00

Consular Processing is one of the options for the beneficiary of a family or employment-based visa to become a permanent resident. To be more precise, consular processing is the process by which the beneficiary of an immigration petition (either family based/employment based) is outside the United States and applies for an immigrant visa at a U.S. consulate abroad. Consular Processing will be commenced only when the underlying immigration petition is approved and visa number is available.

Consular Processing is suitable for

Individuals who are outside the U.S.
Individuals who are in the U.S. but prefer processing at a U.S. consulate for strategic or convenience reasons.

Benefits of Consular Processing:

Once your application for consular processing is approved, you are able to gain permanent resident status in the United States. Applying for consular processing means that the alien has reached the final step in getting his/her green card, which is considered to be the most important benefit. Another advantage of consular processing is its speed. The average time required for consular processing is between 5 to 13 months. This average time is much shorter than the amount of time taken to pursue adjustment of status in the United States.

What is Green Card Lottery Program?

2007-03-05T21:06:00.000-08:00

Green Card Lottery program, also known as diversity immigrant visa lottery program, is the easiest way to get a US green card. This program was established in the 1990 Immigration Act and has been administered by the US Department of State.

The diversity visa program runs every year. Through this program, the United States government grants nearly 50,000 visas to individuals from countries with low rates of immigration to the United States. Application to the DV Lottery program is open for all individuals worldwide. Winners of the lottery program are selected randomly by a computer generated drawing and are notified by mail.

If you get qualified for immigrant visa, you will be authorized to legally live, study and work permanently in the United States and to enter and leave the country freely. Also, you are permitted to bring your dependants (spouse and any unmarried children under the age of 21) to the United States. Furthermore, green card holders also receive taxation, retirement, social security and other benefits.

Benefits of the DV Lottery Program:

Approved by the US Government
Winners can live, work and study in the United States
Easy registration through online forms
50,000 winners every year

What is Advance Parole?

2007-03-14T21:05:00.000-07:00

There are so many types of temporary admission/parole into the United States. Advance Parole is a type of travel document (a reentry permit) that permits certain foreign nationals to re-enter the United States after traveling abroad without an immigrant visa or non-immigrant visa. Such foreign nationals must be approved for Advance Parole before leaving the U.S. Otherwise, the alien may not get permission to re-enter the country.

There are two main benefits of an Advance Parole:

It helps an alien to return back to the U.S. after traveling abroad without a visa to the United States.
It preserves the status of your Adjustment of Status application or certain protected status pending at the USCIS.

An advance parole document is valid for one year from the date of issue. One must apply for Advance Parole before leaving the U.S. In order to qualify for advance parole, the applicant must file the Form I-131, Application for a Travel Document. In addition to the form, the applicant must submit supporting documentation, photos and applicable fees with the USCIS.

In general, an interview is not required for the Advance Parole application. Once you are qualified for the advance parole, the USCIS Service Centers and/local offices will mail your parole document directly either to the applicants or to their attorneys.

What is Employment Authorization Document?

2007-03-13T23:58:00.000-07:00

Also known as work permit, Employment Authorization Document (EAD) is a document that permits a foreign national to work in the U.S. for a period of time, usually one year. This work permit is in the form of a card, which consists of details such as alien's name, photo, and the expiration date.

Employment Authorization Document is ideal for

Aliens who have filed for adjustment of status (I-485).
M-1 students seeking practical training after completing their studies.
Spouse and children of J-1 visa holders.
F-1 students seeking optional practical training in an occupation directly related to their area of studies.
F-1, M-1 and J-1 students seeking off-campus employment because of severe economic hardship.
M-1 students seeking employment for practical training after finishing their studies.
K-1/K-2 visa holders can file an EAD application within 90 days from the date of entry.
Foreign nationals in refugee status.
Foreign nationals paroled as refugees.
Foreign nationals who have been granted asylum in the U.S.
Foreign employees who enter the U.S. as non-immigrant under B, E, F, H, I, J or L visa.

You need the actual EAD card before you can start working on a job. In order to qualify for EAD card, the applicant must file the Form I-765 by mail with the USCIS center which is closer to the applicant's residence. Along with the form, the applicant is also required to submit other supporting documents, photos, and fee.

Expired green card must be renewed right away

2007-03-13T22:21:00.000-07:00

Green Card holders with expired Green Cards are considered "out of status" and may be denied entry into the United States. As it is the evidence of your status as a lawful permanent resident, it is very essential to keep your proof of permanent residence current and valid.

You should renew your green card if you are a permanent resident who was issued a Form I-551 valid for ten years, and that card is either expired or will expire within the next six months. You may renew your expired permanent resident card by filing a Form I-90. The specific requirements and procedures for applying to renew an expiring permanent resident card are set forth in the Code of Federal Regulations [CFR] at 8 CFR 264.5.

What to do if you are outside the United States?

If you are outside of the United States and your green card is about to expire within six months, you should file for the green card renewal as soon as you return to the United States (you must come back to the United States with in one year of your departure and before the card expires).
If you are outside of the United States at the time of green card's expiration, and have not applied for the renewal, then you should contact the nearest U.S. Consulate, USCIS office, or Port of Entry before filing the form for renewal.

What is U.S. Naturalization?

2007-03-12T00:30:00.000-07:00

In law, naturalization is the legal process of acquiring citizenship different from that person's citizenship at birth. It is normally associated with immigrants or refugees who have migrated to the United States and resided there as aliens. To be more precise, naturalization is one of the easiest ways for immigrants to become the citizens of the United States.

If you have decided to apply for U.S. naturalization, you will be showing your commitment to the United States. The basic requirement for naturalization is that the applicant must hold a legal status as a full-time resident for a minimum period of time. Moreover, the applicant must promise to obey and uphold United States law. Other common requirements for naturalization are

at least 18 years old;
ability to read, write, and speak English language;
a knowledge and understanding of the fundamentals of U.S. history and government; and
good moral character.

The naturalization requirements may be modified or waived for certain applicants. Your applications for US naturalization are handled by the USCIS (US Citizenship and Immigration Services).

Green Card application fees may rise to $905

2007-03-11T23:11:00.000-07:00

The US Citizenship and Immigration Services (USCIS), a fee-based agency of the Department of Homeland Security, has proposed a raise in the application fees for green card and naturalization. Before implementing raise in the application fee, the USCIS has forwarded the proposed changes to Federal Register for comment from the public.

According to this proposal, the petitioners and applicants will pay much more for green card application. The USCIS wants to increase the application fee for becoming a legal permanent resident from $325 to $905 and for citizenship from $330 to $595. The decision to raise the application fee was necessary as the USCIS has to depend on these application fees for its operation.

In raising fees matter, the USCIS states that as a fee-based agency they must be able to recover the cost needed to manage a secure and efficient immigration system.

What is a Priority Date?

2007-03-09T22:40:00.000-08:00

Priority date is a United States immigration concept. It is the date set by the U.S. Department of State that marks which applicants may schedule an immigrant visa interview. Priority dates are updated every month, usually between the 15th or 20th day of the month. Also, it may change depending on the Immigrant Visa Category.

The priority date for an alien who applies for permanent residency or a green card through the Labor Certification process is the date when the U.S. employer/company files the Labor Certification application with the DOL. In other words, priority date is a person's place in line for becoming a permanent resident of the United States. In the case of family-based visa applicants, this is the date the USCIS first received the Form I-130 filed on the aliens's behalf.

The priority date appears on the USCIS (formerly INS) 'Notice of Action' letter. When the priority date becomes current, it means that the Consulate is now scheduling interviews for those were petitioned on or before that priority date.