USCIS TO INCREASE FILING FEE IN 2010 AND CONSULAR FILING FEE ALREADY INCREASED BY THE DEPARTMENT OF STATE
Lal Varghese, Attorney at Law, Dallas
U. S. Citizenship and Immigration Services (USCIS) have already published notice in the Federal Register to increase the filing fee for most of the benefits sought from USCIS by the general public. The public has the right to comment on the proposed rule to adjust fees for immigration benefit applications and petitions or before July 26, 2010. USCIS announced that they will increase overall fees by a weighted average of about 10 percent but would reduce some fees and maintain the current fee for the naturalization application. The proposed rule resulted from a comprehensive fee review begun in 2009.
The last time USCIS increased its fee was in July 2007 and three years have elapsed without any fee increase. This fee increase is recommended based on the several studies and reports made by the USCIS. The basic reasoning for the increase is that the cost of adjudicating applications and petitions had been increased. But at the same time it has to be remembered that the processing time for many of the applications or petitions remain the same or increased with what was in 2007. The following chart shows the proposed fee increase.
It is also interesting to note that the Dept. of State has already increased the fee for non immigrant visa processing and immigrant processing at its consulates around the world. The non immigrant visa fee had increased from June 04, 2010 and immigrant visa had increased from July 13, 2010. Even if you have remitted the fee it appears that you have to pay the difference in the pay when applying for the visas at the consulates, at least that was the practice in the past. By the increase of the fee by both the USCIS and Dept. of State, the general public is subject to more burdens and at the same time not receiving the benefits they are seeking in a timely manner. The following chart shows the increased fee for all non immigrant and immigrant visas at the U. S Consulates all over the world.
NEW CONSULAR FEES EFFECTIVE JULY 13, 2010
CURRENT FEE NEW FEE
Non-Immigrant Visa Fees* (Already took effect from June 04, 2010)
Nonimmigrant visa application $ 131.00 $ 140.00
1. H, L, O, P, Q, and R categories $ 131.00 $ 150.00
2. E Visas $ 131.00 $ 390.00
3. K Visa $ 131.00 $ 350.00
4. BCC Adult $ 131.00 $ 140.00
Immigrant Visa Fees
IV Application Processing Fee
1. Family-based immigrant visa $ 355.00 $ 330.00
2. Employment-based immigrant visa $ 355.00 $ 720.00
3. Other immigrant visas (SIVs, DVs, etc.) $ 355.00 $ 305.00
IV Security Surcharge $ 45.00 $ 74.00
Diversity Visa Lottery surcharge $ 375.00 $ 440.00
Domestic review of Affidavit of Support $ 70.00 $ 88.00
Determining Returning Resident Status $ 400.00 $ 380.00
The immigration to United States has drastically decreased for the past more than one year from all countries including India. If you look at the priority dates under Family Category for India, most of the categories which use to move only about 10-15 days a month in the past more than 15-25 years are moving about 2-3 months every month. This fast moving trend is due to the fact that either the number of approved petitions or number of applicants for the visa is decreased from all countries including India. As we have mentioned in our article last month, if this trend continues and if you file a petition which will be approved by the USCIS, your brother or sister may come to United States within 4-5 years from now. There will not be any more waiting period like 10-15 years as it used to be in the past more than 15- 25 years. The present increase in the filing fee by the USCIS or by the Dept. of State may not contribute to this slow trend of immigration from other countries to United States. It appears that the job opportunity and the salary what is being received by a person in India for the same job in United States is either more or less the same or better. Moreover, the living expenses in India are far less than what we have in United States. All of these factors may or may not contribute to this low trend of immigration to United States from India.
Disclaimer: Lal Varghese, Attorney at Law does not claim authorship for above referenced information. Lal Varghese, Attorney at Law or the publisher is not responsible or liable for anything stated above, since it is generalized information about the subject matters collected from various sources including Department of Homeland Security, Department of Justice, State Department, Federal Register, and American Immigration Lawyers Association (AILA) Advocacy Center, and other legal sources. For individual cases and specific questions you are advised to consult an attorney of your choice or contact the agencies mentioned above. You may visit our website at: www.indiaimmigrationusa.com or www.indiaimmigrationusa.blogspot.com for more information about other related immigration matters.
Thursday, July 15, 2010
Department of State Will No Longer Process K-3 Visa Petitions Approved by U. S Immigration With Effect From February 1, 2010 (First Part)
Department of State Will No Longer Process K-3 Visa Petitions Approved by U. S Immigration With Effect From February 1, 2010 (First Part)
Lal Varghese, Attorney at Law, Dallas
Effective February 1st, 2010, when both the I-129F petition for a nonimmigrant K -3 visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as well as the need for a nonimmigrant K-3 visa ends. If the NVC receives both petitions, the nonimmigrant K visa will be administratively closed. In such an instance the application process explained below will not be applicable and cannot be used. The NVC will contact the petitioner and beneficiary with instructions for processing your IR-1 (or CR-1) immigrant visa.
If you are the spouse of a U.S. citizen you can come to the United States (U.S.) with a nonimmigrant K-3 visa much earlier than coming on immigrant visa (Green Card). If you are the child of the spouse of a U.S. citizen and your parent has been issued a K-3 visa, you can be issued a K-4 nonimmigrant visa. Both the K-3 and the K-4 visas allow you to stay in the US while your immigrant visa petition is pending. Before a K-4 visa can be issued to a child, the parent must have a K-3 visa or be in K-3 status.
A spouse is a legally wedded husband or wife. Cohabiting partners do not qualify as spouses for immigration purposes. Common-law spouses may qualify as spouses for immigration purposes depending on the laws of the country where the common-law marriage occurs. In cases of polygamy (having more than one spouse) only the first spouse qualifies as a spouse for immigration. U.S. law does not allow polygamy. If you were married before, you and your spouse must show that you ended (terminated) all previous marriages before your current marriage. The death and divorce documents that show termination of marriages must be legal and verifiable in the country that issued them. Divorces must be final. In cases of legal marriage to two or more spouses at the same time, or marriages overlapping for a period of time, you may file only for the first spouse.
In order to apply for K-3 visa the U. S citizen spouse must first file an immigrant Petition for Alien Relative, form I-130 for your spouse with the U.S. Citizenship and Immigration Services (USCIS) Office that serves the area where you live. The USCIS will send you a Notice of Action (Form I-797) receipt notice. This notice tells you that the USCIS has received the petition. After receiving the receipt the U. S citizen spouse must file Petition for Alien Fiancé(e), form I-129F (the same petition filed for Fiancée) for you and children with the USCIS office.
The Congress approved the K-3 visa category about 5 years ago, when there was about 2 years backlog in processing and approving an immigrant petition filed by U. S. Citizens for spouses and their unmarried children under 21. The intention of the Congress by approving the new K-3 visa category was to facilitate the process faster so that the alien spouse and children may enter United States within 90 days of the petition filing. When the K-3 visa began, the goal was attained, but subsequently when all U. S Citizens began filing K-3 petitions the backlog increased and presently USCIS is processing both the immigrant and K-3 petition by the same office and at the same time. The result is that both immigrant petition and K-3 petition is approved at the same and forwarded to the National Visa Center (NVC) for consular processing.
That is where the importance of this new rule by DOS taking places. When both the I-129F petition for a nonimmigrant K -3 visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC) at the same time, the availability as well as the need for a nonimmigrant K-3 visa ends. If the NVC receives both petitions, the nonimmigrant K visa will be administratively closed. The NVC normally process an immigrant visa petition within 60-90 days of its receipt and schedules an interview at the consulate. In this connection it should be remembered that NVC does all immigrant visa processing including receiving visa application fee, affidavit of support fee, visa applications, affidavit of support, tax returns with W-2s, evidence for employment etc. Once they are reviewed the NVC will request the petitioner to submit all original documents for the spouse and children like birth certificates, marriage certificates, termination of previous marriages if any, police clearance certificates from passport office and District Superintendent of Police and two passport size photos of the applicants for visas. Once they are submitted the NVC will schedule the interview at the consulate and will send the interview letter by e-mail if you have provided NVC with your and the visa applicant’s e-mail addresses. Hence, there is absolutely no sense in filing a K-3 petition for spouse and children in the light of the above new rule.
If the NVC does not receive your I-130 petition and I-129F at the same time, the NVC will process your I- 129F petition. Then NVC will send the petition to the embassy or consulate in the country where the marriage took place. If your marriage took place in the U.S., the NVC will send the petition to the embassy or consulate that issues visas in your country of nationality. If your marriage took place in a country that does not have an American embassy, or the embassy does not issue visas, the NVC will send your petition to the embassy or consulate that normally processes visas for citizens of that country. For example, if your marriage took place in Iran where the U.S. does not have an embassy your petition would be sent to Turkey.
The spouse of an U.S. citizen applying for a nonimmigrant visa (K-3 applicant) must have an immigrant visa petition on his/her behalf by the U.S. citizen spouse. Therefore, the spouse of the U.S. citizen (the K-3 applicant) must meet some of the requirements of an immigrant visa. Embassy or Consulate will let you know any additional things to do, such as where you need to go for the required medical examination. During the interview process, an ink-free, digital fingerprint scan will be taken. Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a Consular Officer. It will be always prudent on the part of the U. S citizen to consult with an experienced immigration attorney and hire the attorney to do all processing.
The following is required: Two copies of form DS-156 (all consulates in India began accepting online DS-160 with effect from January 19, 2010) Nonimmigrant Visa Application, Police certificates from all places lived in since the age of 16, Birth certificates, Marriage certificate for spouse, Death and divorce certificates from any previous spouses, Medical examination (except vaccinations), A passport valid for travel to the U.S. and with a validity date at least six months beyond the applicant's intended period of stay in the U.S. (unless country-specific agreements provide exemptions). Two nonimmigrant visa photos, two inches/50 X 50 mm square, showing full face, against a light background), Proof of financial support (Form I-134 Affidavit of Support may be requested.) Payment of fees of $131 must be made at the consulate. There is a proposal to increase the fee to $350, which may take effect in the near future. (To be continued)
Disclaimer: Lal Varghese, Attorney at Law does not claim authorship for above referenced information. Lal Varghese, Attorney at Law or the publisher is not responsible or liable for anything stated above, since it is generalized information about the subject matters collected from various sources including Department of Homeland Security, Department of Justice, State Department, Federal Register, and American Immigration Lawyer’s Association (AILA) Advocacy Center, and other legal sources. For individual cases and specific questions you are advised to consult an attorney of your choice or contact the agencies mentioned above. You may visit our website at: www.indiaimmigrationusa.com or www.indiaimmigrationusa.blogspot.com for more information about other related immigration matters. Contact Lal Varghese at (972) 788-0777 for 5 minutes free telephone consultation or at his e-mail at attylal@aol.com foe one time free consultation on this subject or any other immigration related matter.
Lal Varghese, Attorney at Law, Dallas
Effective February 1st, 2010, when both the I-129F petition for a nonimmigrant K -3 visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as well as the need for a nonimmigrant K-3 visa ends. If the NVC receives both petitions, the nonimmigrant K visa will be administratively closed. In such an instance the application process explained below will not be applicable and cannot be used. The NVC will contact the petitioner and beneficiary with instructions for processing your IR-1 (or CR-1) immigrant visa.
If you are the spouse of a U.S. citizen you can come to the United States (U.S.) with a nonimmigrant K-3 visa much earlier than coming on immigrant visa (Green Card). If you are the child of the spouse of a U.S. citizen and your parent has been issued a K-3 visa, you can be issued a K-4 nonimmigrant visa. Both the K-3 and the K-4 visas allow you to stay in the US while your immigrant visa petition is pending. Before a K-4 visa can be issued to a child, the parent must have a K-3 visa or be in K-3 status.
A spouse is a legally wedded husband or wife. Cohabiting partners do not qualify as spouses for immigration purposes. Common-law spouses may qualify as spouses for immigration purposes depending on the laws of the country where the common-law marriage occurs. In cases of polygamy (having more than one spouse) only the first spouse qualifies as a spouse for immigration. U.S. law does not allow polygamy. If you were married before, you and your spouse must show that you ended (terminated) all previous marriages before your current marriage. The death and divorce documents that show termination of marriages must be legal and verifiable in the country that issued them. Divorces must be final. In cases of legal marriage to two or more spouses at the same time, or marriages overlapping for a period of time, you may file only for the first spouse.
In order to apply for K-3 visa the U. S citizen spouse must first file an immigrant Petition for Alien Relative, form I-130 for your spouse with the U.S. Citizenship and Immigration Services (USCIS) Office that serves the area where you live. The USCIS will send you a Notice of Action (Form I-797) receipt notice. This notice tells you that the USCIS has received the petition. After receiving the receipt the U. S citizen spouse must file Petition for Alien Fiancé(e), form I-129F (the same petition filed for Fiancée) for you and children with the USCIS office.
The Congress approved the K-3 visa category about 5 years ago, when there was about 2 years backlog in processing and approving an immigrant petition filed by U. S. Citizens for spouses and their unmarried children under 21. The intention of the Congress by approving the new K-3 visa category was to facilitate the process faster so that the alien spouse and children may enter United States within 90 days of the petition filing. When the K-3 visa began, the goal was attained, but subsequently when all U. S Citizens began filing K-3 petitions the backlog increased and presently USCIS is processing both the immigrant and K-3 petition by the same office and at the same time. The result is that both immigrant petition and K-3 petition is approved at the same and forwarded to the National Visa Center (NVC) for consular processing.
That is where the importance of this new rule by DOS taking places. When both the I-129F petition for a nonimmigrant K -3 visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC) at the same time, the availability as well as the need for a nonimmigrant K-3 visa ends. If the NVC receives both petitions, the nonimmigrant K visa will be administratively closed. The NVC normally process an immigrant visa petition within 60-90 days of its receipt and schedules an interview at the consulate. In this connection it should be remembered that NVC does all immigrant visa processing including receiving visa application fee, affidavit of support fee, visa applications, affidavit of support, tax returns with W-2s, evidence for employment etc. Once they are reviewed the NVC will request the petitioner to submit all original documents for the spouse and children like birth certificates, marriage certificates, termination of previous marriages if any, police clearance certificates from passport office and District Superintendent of Police and two passport size photos of the applicants for visas. Once they are submitted the NVC will schedule the interview at the consulate and will send the interview letter by e-mail if you have provided NVC with your and the visa applicant’s e-mail addresses. Hence, there is absolutely no sense in filing a K-3 petition for spouse and children in the light of the above new rule.
If the NVC does not receive your I-130 petition and I-129F at the same time, the NVC will process your I- 129F petition. Then NVC will send the petition to the embassy or consulate in the country where the marriage took place. If your marriage took place in the U.S., the NVC will send the petition to the embassy or consulate that issues visas in your country of nationality. If your marriage took place in a country that does not have an American embassy, or the embassy does not issue visas, the NVC will send your petition to the embassy or consulate that normally processes visas for citizens of that country. For example, if your marriage took place in Iran where the U.S. does not have an embassy your petition would be sent to Turkey.
The spouse of an U.S. citizen applying for a nonimmigrant visa (K-3 applicant) must have an immigrant visa petition on his/her behalf by the U.S. citizen spouse. Therefore, the spouse of the U.S. citizen (the K-3 applicant) must meet some of the requirements of an immigrant visa. Embassy or Consulate will let you know any additional things to do, such as where you need to go for the required medical examination. During the interview process, an ink-free, digital fingerprint scan will be taken. Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a Consular Officer. It will be always prudent on the part of the U. S citizen to consult with an experienced immigration attorney and hire the attorney to do all processing.
The following is required: Two copies of form DS-156 (all consulates in India began accepting online DS-160 with effect from January 19, 2010) Nonimmigrant Visa Application, Police certificates from all places lived in since the age of 16, Birth certificates, Marriage certificate for spouse, Death and divorce certificates from any previous spouses, Medical examination (except vaccinations), A passport valid for travel to the U.S. and with a validity date at least six months beyond the applicant's intended period of stay in the U.S. (unless country-specific agreements provide exemptions). Two nonimmigrant visa photos, two inches/50 X 50 mm square, showing full face, against a light background), Proof of financial support (Form I-134 Affidavit of Support may be requested.) Payment of fees of $131 must be made at the consulate. There is a proposal to increase the fee to $350, which may take effect in the near future. (To be continued)
Disclaimer: Lal Varghese, Attorney at Law does not claim authorship for above referenced information. Lal Varghese, Attorney at Law or the publisher is not responsible or liable for anything stated above, since it is generalized information about the subject matters collected from various sources including Department of Homeland Security, Department of Justice, State Department, Federal Register, and American Immigration Lawyer’s Association (AILA) Advocacy Center, and other legal sources. For individual cases and specific questions you are advised to consult an attorney of your choice or contact the agencies mentioned above. You may visit our website at: www.indiaimmigrationusa.com or www.indiaimmigrationusa.blogspot.com for more information about other related immigration matters. Contact Lal Varghese at (972) 788-0777 for 5 minutes free telephone consultation or at his e-mail at attylal@aol.com foe one time free consultation on this subject or any other immigration related matter.
USCIS Guidance on ‘Employee-Employer Relationship’ in H-1B Contexts
USCIS Guidance on ‘Employee-Employer Relationship’ in H-1B Contexts
Lal Varghese, Attorney at Law, Dallas
U.S. Citizenship and Immigration Services (USCIS) issued updated guidance to adjudication officers to clarify what constitutes a valid employer-employee relationship to qualify for the H-1B ‘specialty occupation’ classification. The memorandum clarifies such relationships, particularly as it pertains to independent contractors, self-employed beneficiaries, and beneficiaries placed at third-party worksites. The memorandum is titled: “Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements. In addition to clarifying the requirements for a valid employer-employee relationship, the memorandum also discusses the types of evidence petitioners may provide to establish that an employer-employee relationship exists and will continue to exist with the beneficiary throughout the duration of the requested H-1B validity period.
This memorandum does not change any of the requirements for filing an H-1B petition whether initial or for extension of stay purposes. The H-1B regulations currently require that a United States employer establish that it has an employer-employee relation with respect to the beneficiary, as indicated by the fact that it may hire, pay, fire, supervise or otherwise control the work of any such employee. In addition to demonstrating that a valid employer-employee relationship will exist between the petitioner and the beneficiary, the petitioner must continue to comply with all of the requirements for an H-1B petition including:
• Establishing that the beneficiary is coming to the United States temporarily to work in a specialty occupation;
• Demonstrating that the beneficiary is qualified to perform services in the specialty occupation; and
• Filing of a Labor Condition Application (LCA) specific to each location where the beneficiary will perform services.
As stated in the memorandum, USCIS will evaluate whether the petitioner has the “right to control” the beneficiary’s employment, such as when, where and how the beneficiary performs the job. Please note that no one factor is decisive and adjudicators will review the totality of the circumstances when making a determination as to whether the employer-employee relationship exists.
You may demonstrate that you have a valid employer-employee relationship with the beneficiary by submitting the types of evidence outlined in the memorandum or similar probative types of evidence. The documents listed in the memorandum are only examples of evidence that establish the petitioner’s right to control the beneficiary’s employment. Unless a document is required by the regulations, i.e. an itinerary, you may provide similarly probative documents. You may submit a combination of any documents that sufficiently establish that the required relationship between you and the beneficiary exists. You should explain how the documents you are providing establish the relationship. Adjudicators will review and weigh all the evidence submitted to determine whether a qualifying employer-employee relationship has been established.
If the type of evidence requested in the RFE is not a document that is required by regulations, you may submit other similar probative evidence that addresses the issue(s) raised in the RFE. You should explain how the documents you are providing address the deficiency(ies) raised in the RFE. Adjudicators will review and weigh all evidence based on the totality of the circumstances. Please note that you cannot submit similar evidence in place of documents required by regulation. If you do not initially provide sufficient evidence of an employer-employee relationship for the duration of the requested validity period, you may be given an opportunity to correct the deficiency in response to a request for evidence (RFE). Your petition will be denied if you do not provide sufficiently probative evidence that the qualifying employer-employee relationship will exist for any time period.
If you do not initially provide sufficient evidence of an employer-employee relationship for the duration of the requested validity period, you may be given an opportunity to correct the deficiency in response to a request for evidence (RFE). Your petition may still be approved if you provide evidence that a qualifying employer-employee relationship will exist for a portion of the requested validity period (as long as all other requirements are met), however, USCIS will limit a petition’s validity to the time period of qualifying employment established by the evidence.
If you are filing a petition requesting a “Continuation of previously approved employment without change” or “Change in previously approved employment” and an extension of stay for the beneficiary in H-1B classification, but the employer did not maintain a valid employer-employee relationship with the beneficiary during the validity of the previous petition, the extension petition will be denied if USCIS determines that you did not maintain a valid employer-employee relationship with the beneficiary throughout the validity period of the previous petition. The only exception is if there is a compelling reason to approve the new petition (e.g. you are able to demonstrate that you did not meet all of the terms and conditions through no fault of your own). Such exceptions would be limited and made on a case-by-case basis.
If the employer is filing a petition requesting a “Change of Employer” and an extension of stay for the beneficiary’s H-1B classification, such petitions will not be adjudicated under the section of the memorandum that deals with extension petitions. The section of the memorandum that covers extension petitions applies solely to petitions filed by the same employer to extend H-1B status without a material change in the original terms of employment. All other petitions will be adjudicated in accordance with the section of the memorandum that covers initial petitions.
If the petitioner will be employing the beneficiary to perform services in more than one work location, you will need to submit a complete itinerary of services or engagements, as described in the memo, in order to comply with 8 CFR 214.2(h)(2)(i)(B). Furthermore, you must comply with Department of Labor regulations requiring that you file an LCA specific to each work location for the beneficiary. If you do not initially provide sufficient evidence of an employer-employee relationship for the duration of the requested validity period, you will be given an opportunity to correct the deficiency in response to a request for evidence (RFE). However, failure to provide this information with the initial submission will delay processing of your petition. The U. S Immigration strongly believes that these new guidelines will deter the employment contractors, consultants and intermediaries in abusing foreign workers.
Disclaimer: Lal Varghese, Attorney at Law does not claim authorship for above referenced information. Lal Varghese, Attorney at Law or the publisher is not responsible or liable for anything stated above, since it is generalized information about the subject matters collected from various sources including Department of Homeland Security, Department of Justice, State Department, Federal Register, and American Immigration Lawyer’s Association (AILA) Advocacy Center, and other legal sources. For individual cases and specific questions you are advised to consult an attorney of your choice or contact the agencies mentioned above. You may visit our website at: www.indiaimmigrationusa.com or www.indiaimmigrationusa.blogspot.com for more information about other related immigration matters.
Lal Varghese, Attorney at Law, Dallas
U.S. Citizenship and Immigration Services (USCIS) issued updated guidance to adjudication officers to clarify what constitutes a valid employer-employee relationship to qualify for the H-1B ‘specialty occupation’ classification. The memorandum clarifies such relationships, particularly as it pertains to independent contractors, self-employed beneficiaries, and beneficiaries placed at third-party worksites. The memorandum is titled: “Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements. In addition to clarifying the requirements for a valid employer-employee relationship, the memorandum also discusses the types of evidence petitioners may provide to establish that an employer-employee relationship exists and will continue to exist with the beneficiary throughout the duration of the requested H-1B validity period.
This memorandum does not change any of the requirements for filing an H-1B petition whether initial or for extension of stay purposes. The H-1B regulations currently require that a United States employer establish that it has an employer-employee relation with respect to the beneficiary, as indicated by the fact that it may hire, pay, fire, supervise or otherwise control the work of any such employee. In addition to demonstrating that a valid employer-employee relationship will exist between the petitioner and the beneficiary, the petitioner must continue to comply with all of the requirements for an H-1B petition including:
• Establishing that the beneficiary is coming to the United States temporarily to work in a specialty occupation;
• Demonstrating that the beneficiary is qualified to perform services in the specialty occupation; and
• Filing of a Labor Condition Application (LCA) specific to each location where the beneficiary will perform services.
As stated in the memorandum, USCIS will evaluate whether the petitioner has the “right to control” the beneficiary’s employment, such as when, where and how the beneficiary performs the job. Please note that no one factor is decisive and adjudicators will review the totality of the circumstances when making a determination as to whether the employer-employee relationship exists.
You may demonstrate that you have a valid employer-employee relationship with the beneficiary by submitting the types of evidence outlined in the memorandum or similar probative types of evidence. The documents listed in the memorandum are only examples of evidence that establish the petitioner’s right to control the beneficiary’s employment. Unless a document is required by the regulations, i.e. an itinerary, you may provide similarly probative documents. You may submit a combination of any documents that sufficiently establish that the required relationship between you and the beneficiary exists. You should explain how the documents you are providing establish the relationship. Adjudicators will review and weigh all the evidence submitted to determine whether a qualifying employer-employee relationship has been established.
If the type of evidence requested in the RFE is not a document that is required by regulations, you may submit other similar probative evidence that addresses the issue(s) raised in the RFE. You should explain how the documents you are providing address the deficiency(ies) raised in the RFE. Adjudicators will review and weigh all evidence based on the totality of the circumstances. Please note that you cannot submit similar evidence in place of documents required by regulation. If you do not initially provide sufficient evidence of an employer-employee relationship for the duration of the requested validity period, you may be given an opportunity to correct the deficiency in response to a request for evidence (RFE). Your petition will be denied if you do not provide sufficiently probative evidence that the qualifying employer-employee relationship will exist for any time period.
If you do not initially provide sufficient evidence of an employer-employee relationship for the duration of the requested validity period, you may be given an opportunity to correct the deficiency in response to a request for evidence (RFE). Your petition may still be approved if you provide evidence that a qualifying employer-employee relationship will exist for a portion of the requested validity period (as long as all other requirements are met), however, USCIS will limit a petition’s validity to the time period of qualifying employment established by the evidence.
If you are filing a petition requesting a “Continuation of previously approved employment without change” or “Change in previously approved employment” and an extension of stay for the beneficiary in H-1B classification, but the employer did not maintain a valid employer-employee relationship with the beneficiary during the validity of the previous petition, the extension petition will be denied if USCIS determines that you did not maintain a valid employer-employee relationship with the beneficiary throughout the validity period of the previous petition. The only exception is if there is a compelling reason to approve the new petition (e.g. you are able to demonstrate that you did not meet all of the terms and conditions through no fault of your own). Such exceptions would be limited and made on a case-by-case basis.
If the employer is filing a petition requesting a “Change of Employer” and an extension of stay for the beneficiary’s H-1B classification, such petitions will not be adjudicated under the section of the memorandum that deals with extension petitions. The section of the memorandum that covers extension petitions applies solely to petitions filed by the same employer to extend H-1B status without a material change in the original terms of employment. All other petitions will be adjudicated in accordance with the section of the memorandum that covers initial petitions.
If the petitioner will be employing the beneficiary to perform services in more than one work location, you will need to submit a complete itinerary of services or engagements, as described in the memo, in order to comply with 8 CFR 214.2(h)(2)(i)(B). Furthermore, you must comply with Department of Labor regulations requiring that you file an LCA specific to each work location for the beneficiary. If you do not initially provide sufficient evidence of an employer-employee relationship for the duration of the requested validity period, you will be given an opportunity to correct the deficiency in response to a request for evidence (RFE). However, failure to provide this information with the initial submission will delay processing of your petition. The U. S Immigration strongly believes that these new guidelines will deter the employment contractors, consultants and intermediaries in abusing foreign workers.
Disclaimer: Lal Varghese, Attorney at Law does not claim authorship for above referenced information. Lal Varghese, Attorney at Law or the publisher is not responsible or liable for anything stated above, since it is generalized information about the subject matters collected from various sources including Department of Homeland Security, Department of Justice, State Department, Federal Register, and American Immigration Lawyer’s Association (AILA) Advocacy Center, and other legal sources. For individual cases and specific questions you are advised to consult an attorney of your choice or contact the agencies mentioned above. You may visit our website at: www.indiaimmigrationusa.com or www.indiaimmigrationusa.blogspot.com for more information about other related immigration matters.
Extension of Post-Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations for FY 2011
Extension of Post-Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations for FY 2011
Furnished by Lal Varghese, Attorney at Law, Dallas
The following information address the automatic extension of F-1 student status in the United States for certain students with pending or approved H-1B petitions (indicating a request for change of status from F-1 to H-1B) for an employment start date of Oct. 1, 2010 under the Fiscal Year (FY) 2011 H-1B cap. The cap is the congressionally-mandated limit on the number of individuals who may be granted initial H-1B status or visas during each fiscal year. Not all H-1B beneficiaries are subject to the cap mandated by Congress. The first 20,000 H-1B petitions filed on behalf of aliens who have earned a U.S. master’s degree or higher are exempt from the fiscal year cap. H-1B petitions filed on behalf of beneficiaries who will work at institutions of higher education or related or affiliated nonprofit entities or at nonprofit research organizations or governmental research organizations are exempt from the fiscal year cap. Additionally, petitions filed on behalf of beneficiaries who will be performing work or services solely in Guam and/or the Commonwealth of the Northern Marianas Islands (CNMI) are exempt from the cap until Dec. 31, 2014. Also, generally, H-1B beneficiaries seeking to extend their status and/or change or add employers are not subject to the fiscal year cap.
Current regulations allow certain students with pending or approved H-1B petitions to remain in F-1 status during the period of time when an F-1 student’s status and work authorization would otherwise expire, and up to the start of their approved H-1B employment period. This is referred to as filling the “cap-gap,” meaning the regulations provide a way of filling the “gap” between F-1 and H-1B status that might otherwise occur if F-1 status was not extended for qualifying students. A: An employer may not file and USCIS may not accept, an H-1B petition submitted earlier than six months in advance of the date of actual need for the beneficiary’s services or training. As a result, the earliest date that an employer can file an H-1B petition is April 1, for the following fiscal year, starting October 1. If USCIS approves the H-1B petition and the accompanying change of status request, the earliest date that the student may start the approved H-1B employment is Oct. 1. Consequently, F-1 students who do not qualify for a cap-gap extension, and whose periods of authorized stay expire before October 1, are required to leave the United States, apply for an H-1B visa at a consular post abroad, and then seek readmission to the United States in H-1B status, for the dates reflected on the approved H-1B petition.
H-1B petitions must be timely filed on behalf of an eligible F-1 student. Timely filed means that the H-1B petition (indicating change of status rather than consular processing) was filed during the H-1B acceptance period, while the student's authorized duration of status (D/S) admission was still in effect (including any period of time during the academic course of study, any authorized periods of post-completion OPT, and the 60-day departure preparation period, commonly known as the “grace period”). Once a timely filing has been made, the automatic cap-gap extension will begin and will continue until the H-1B petition adjudication process has been completed. If the student’s H-1B petition is selected and approved the student’s extension will continue through September 30th unless the petition is denied, withdrawn, or revoked. If the student’s H-1B petition is not selected and approved, the student will have the standard 60-day grace period from the date of the rejection notice or their program or OPT end date, whichever is later, to prepare for and depart the United States.
A student will need to obtain an updated Form I-20 from his or her designated school official (DSO) to reflect the cap gap status. The Form I-20 is the only document a student will have to show proof of continuing status and OPT, if applicable. The student should go to their DSO with evidence of a timely filed H-1B petition (indicating a request for change of status rather than for consular processing), such as a copy of the petition and a FedEx, UPS, or USPS Express/certified mail receipt. The student’s DSO will issue an interim cap-gap I-20 showing an extension until June 1st. Students whose approved period of OPT already extends beyond June 1st do not need an interim extension. For a student to have employment authorization during the cap-gap extension, he or she must be in an approved period of post-completion OPT on the eligibility date. The student will have the standard 60-day grace period before he or she is required to depart the United States. In such cases, the 60-day grace period will commence on the date that the rejection, denial, or revocation letter is post marked. Please note that in cases where the H-1B petition is denied or revoked based on fraud, misrepresentation, or a status violation, the student is ineligible for the 60-day grace period and is required to leave the United States immediately.
The regulations at 8 CFR 214.2(f)(13) state that a student who has an unexpired Employment Authorization Document (EAD) issued for post-completion OPT and who is otherwise admissible may return to the United States to resume employment after a temporary absence. However, by definition, the EAD of an F-1 student covered under a cap-gap extension is necessarily expired. Consequently, if a student granted a cap-gap extension elects to travel outside the United States during the cap-gap extension period, he or she will not be able to return in F-1 status. The student will need to apply for an H-1B visa at a consular post abroad prior to returning. As the H-1B petition is presumably for an October 1 or later start date, the student should be prepared to adjust his or her travel plans, accordingly.
The 90-day limitation on unemployment during the initial post-completion OPT authorization continues during the cap-gap extension. F-1 students who receive science, technology, engineering, and mathematics (STEM) degrees included on the STEM Designated Degree Program List, are employed by employers enrolled in E-Verify, and who have received an initial grant of post-completion OPT employment authorization related to such a degree, may apply for a 17-month extension of such authorization. An F-1 student whose period of post-completion OPT will extend beyond the effective date of his or her change of status to H-1B does not need the automatic cap-gap extension of his or her period of F-1 status and OPT. If the H-1B employer of such a student withdraws the H-1B petition before the change of status to H-1B becomes effective, the student can continue to use any remaining period of post-completion OPT, but only if USCIS receives the withdrawal request from the H-1B petitioner before the change of status to H-1B becomes effective. Once the petition has been withdrawn, the student must provide his or her DSO with a copy of the USCIS acknowledgement of withdrawal (or notice of revocation). Such students may continue to work pursuant to their unused period of OPT while the data fix remains pending because the student will still be in valid F-1 status. If, however, USCIS does not receive the withdrawal request before the change of status to H-1B becomes effective, the student must file a Form I-539 to request reinstatement and may not work or attend classes until the reinstatement is approved.
If the H-1B employer revokes the H-1B petition prior to October 1 and the student’s original OPT end date extends beyond the date of revocation, the student remains in valid F-1 status and may continue to work pursuant to the EAD received for OPT. If the student’s original OPT end date expires before revocation of the H-1B petition has occurred, the student retains work authorization for a 10-day period following the date of revocation and enters the 60-day grace period on the date of revocation. A student who was granted an automatic cap-gap extension that does not include an extension of OPT remains in valid F-1 status and enters into the 60-day grace period on the date of revocation. Each of the scenarios above are based on the assumption that the student has maintained F-1 status up until the date of revocation. If the H-1B revocation occurs after the H-1B change of status effective date, the student will not be in valid F-1 status and will therefore either need to apply for reinstatement or depart the United States.
Disclaimer: Lal Varghese, Attorney at Law does not claim authorship for above referenced information. Lal Varghese, Attorney at Law or the publisher is not responsible or liable for anything stated above, since it is generalized information about the subject matter collected from various sources including Department of Homeland Security, Department of Justice, State Department, Federal Register, and American Immigration Lawyer’s Association (AILA) Advocacy Center, and other legal sources. For individual cases and specific questions you are advised to consult an attorney of your choice or contact the agencies mentioned above. You can reach Lal Varghese, Attorney at Law at (972) 788-0777 or (972) 788-1555 Fax (972) 556-1109 or at e-mail: attylal@aol.com, for a free consultation on this subject matter. You can visit our website at: www.indiaimmigrationusa.com or at our Blog: www.indiaimmigrationusa.blogspot.com for more information about other related immigration matters.
Furnished by Lal Varghese, Attorney at Law, Dallas
The following information address the automatic extension of F-1 student status in the United States for certain students with pending or approved H-1B petitions (indicating a request for change of status from F-1 to H-1B) for an employment start date of Oct. 1, 2010 under the Fiscal Year (FY) 2011 H-1B cap. The cap is the congressionally-mandated limit on the number of individuals who may be granted initial H-1B status or visas during each fiscal year. Not all H-1B beneficiaries are subject to the cap mandated by Congress. The first 20,000 H-1B petitions filed on behalf of aliens who have earned a U.S. master’s degree or higher are exempt from the fiscal year cap. H-1B petitions filed on behalf of beneficiaries who will work at institutions of higher education or related or affiliated nonprofit entities or at nonprofit research organizations or governmental research organizations are exempt from the fiscal year cap. Additionally, petitions filed on behalf of beneficiaries who will be performing work or services solely in Guam and/or the Commonwealth of the Northern Marianas Islands (CNMI) are exempt from the cap until Dec. 31, 2014. Also, generally, H-1B beneficiaries seeking to extend their status and/or change or add employers are not subject to the fiscal year cap.
Current regulations allow certain students with pending or approved H-1B petitions to remain in F-1 status during the period of time when an F-1 student’s status and work authorization would otherwise expire, and up to the start of their approved H-1B employment period. This is referred to as filling the “cap-gap,” meaning the regulations provide a way of filling the “gap” between F-1 and H-1B status that might otherwise occur if F-1 status was not extended for qualifying students. A: An employer may not file and USCIS may not accept, an H-1B petition submitted earlier than six months in advance of the date of actual need for the beneficiary’s services or training. As a result, the earliest date that an employer can file an H-1B petition is April 1, for the following fiscal year, starting October 1. If USCIS approves the H-1B petition and the accompanying change of status request, the earliest date that the student may start the approved H-1B employment is Oct. 1. Consequently, F-1 students who do not qualify for a cap-gap extension, and whose periods of authorized stay expire before October 1, are required to leave the United States, apply for an H-1B visa at a consular post abroad, and then seek readmission to the United States in H-1B status, for the dates reflected on the approved H-1B petition.
H-1B petitions must be timely filed on behalf of an eligible F-1 student. Timely filed means that the H-1B petition (indicating change of status rather than consular processing) was filed during the H-1B acceptance period, while the student's authorized duration of status (D/S) admission was still in effect (including any period of time during the academic course of study, any authorized periods of post-completion OPT, and the 60-day departure preparation period, commonly known as the “grace period”). Once a timely filing has been made, the automatic cap-gap extension will begin and will continue until the H-1B petition adjudication process has been completed. If the student’s H-1B petition is selected and approved the student’s extension will continue through September 30th unless the petition is denied, withdrawn, or revoked. If the student’s H-1B petition is not selected and approved, the student will have the standard 60-day grace period from the date of the rejection notice or their program or OPT end date, whichever is later, to prepare for and depart the United States.
A student will need to obtain an updated Form I-20 from his or her designated school official (DSO) to reflect the cap gap status. The Form I-20 is the only document a student will have to show proof of continuing status and OPT, if applicable. The student should go to their DSO with evidence of a timely filed H-1B petition (indicating a request for change of status rather than for consular processing), such as a copy of the petition and a FedEx, UPS, or USPS Express/certified mail receipt. The student’s DSO will issue an interim cap-gap I-20 showing an extension until June 1st. Students whose approved period of OPT already extends beyond June 1st do not need an interim extension. For a student to have employment authorization during the cap-gap extension, he or she must be in an approved period of post-completion OPT on the eligibility date. The student will have the standard 60-day grace period before he or she is required to depart the United States. In such cases, the 60-day grace period will commence on the date that the rejection, denial, or revocation letter is post marked. Please note that in cases where the H-1B petition is denied or revoked based on fraud, misrepresentation, or a status violation, the student is ineligible for the 60-day grace period and is required to leave the United States immediately.
The regulations at 8 CFR 214.2(f)(13) state that a student who has an unexpired Employment Authorization Document (EAD) issued for post-completion OPT and who is otherwise admissible may return to the United States to resume employment after a temporary absence. However, by definition, the EAD of an F-1 student covered under a cap-gap extension is necessarily expired. Consequently, if a student granted a cap-gap extension elects to travel outside the United States during the cap-gap extension period, he or she will not be able to return in F-1 status. The student will need to apply for an H-1B visa at a consular post abroad prior to returning. As the H-1B petition is presumably for an October 1 or later start date, the student should be prepared to adjust his or her travel plans, accordingly.
The 90-day limitation on unemployment during the initial post-completion OPT authorization continues during the cap-gap extension. F-1 students who receive science, technology, engineering, and mathematics (STEM) degrees included on the STEM Designated Degree Program List, are employed by employers enrolled in E-Verify, and who have received an initial grant of post-completion OPT employment authorization related to such a degree, may apply for a 17-month extension of such authorization. An F-1 student whose period of post-completion OPT will extend beyond the effective date of his or her change of status to H-1B does not need the automatic cap-gap extension of his or her period of F-1 status and OPT. If the H-1B employer of such a student withdraws the H-1B petition before the change of status to H-1B becomes effective, the student can continue to use any remaining period of post-completion OPT, but only if USCIS receives the withdrawal request from the H-1B petitioner before the change of status to H-1B becomes effective. Once the petition has been withdrawn, the student must provide his or her DSO with a copy of the USCIS acknowledgement of withdrawal (or notice of revocation). Such students may continue to work pursuant to their unused period of OPT while the data fix remains pending because the student will still be in valid F-1 status. If, however, USCIS does not receive the withdrawal request before the change of status to H-1B becomes effective, the student must file a Form I-539 to request reinstatement and may not work or attend classes until the reinstatement is approved.
If the H-1B employer revokes the H-1B petition prior to October 1 and the student’s original OPT end date extends beyond the date of revocation, the student remains in valid F-1 status and may continue to work pursuant to the EAD received for OPT. If the student’s original OPT end date expires before revocation of the H-1B petition has occurred, the student retains work authorization for a 10-day period following the date of revocation and enters the 60-day grace period on the date of revocation. A student who was granted an automatic cap-gap extension that does not include an extension of OPT remains in valid F-1 status and enters into the 60-day grace period on the date of revocation. Each of the scenarios above are based on the assumption that the student has maintained F-1 status up until the date of revocation. If the H-1B revocation occurs after the H-1B change of status effective date, the student will not be in valid F-1 status and will therefore either need to apply for reinstatement or depart the United States.
Disclaimer: Lal Varghese, Attorney at Law does not claim authorship for above referenced information. Lal Varghese, Attorney at Law or the publisher is not responsible or liable for anything stated above, since it is generalized information about the subject matter collected from various sources including Department of Homeland Security, Department of Justice, State Department, Federal Register, and American Immigration Lawyer’s Association (AILA) Advocacy Center, and other legal sources. For individual cases and specific questions you are advised to consult an attorney of your choice or contact the agencies mentioned above. You can reach Lal Varghese, Attorney at Law at (972) 788-0777 or (972) 788-1555 Fax (972) 556-1109 or at e-mail: attylal@aol.com, for a free consultation on this subject matter. You can visit our website at: www.indiaimmigrationusa.com or at our Blog: www.indiaimmigrationusa.blogspot.com for more information about other related immigration matters.
DOS will no longer process K-3 Visa Petitions from Feb. 1, 2010
Department of State Will No Longer Process K-3 Visa Petitions Approved by U. S Immigration With Effect From February 1, 2010 (Second Part)
Lal Varghese, Attorney at Law, Dallas
The consular officer may ask for additional information. It is a good idea to bring marriage photographs and other proof that the marriage is genuine. Documents in foreign languages should be translated. Take clear, legible photocopies of civil documents, such as birth and marriage certificates, to the visa interview. Original documents can then be returned to you. Fees are charged for the following services: Filing an immigrant Petition for Alien Relative, Form I-130, Applying for a nonimmigrant visa application processing fee, DS-156 (DS-160 online), Medical examination (costs vary from post to post), Fingerprinting fees, if required Filing Form I-485, Application to Register Permanent Residence or to Adjust Status Other costs may include translation and photocopying charges, fees for getting the documents required for the visa application (such as passport, police certificates, birth certificates, etc.), and travel expenses to the embassy or consulate for an interview. Costs vary from country to country and case to case.
For current fees for Department of State, government services please visit the web site of USCIS and Department of State. The I-129F petition is valid for four months from the date of approval. A consular officer can extend the validity of the petition (revalidate the petition) if it expires before you finish processing the visa. Children do not need separate Petition for Alien Relative, I-130 petitions, but you, the petitioner, must take care to name all your children on the Petition for Alien Fiance, I-129F petition. If you do not name the children on the petition, they may find it difficult to prove their identity as children of a K-3 applicant or person in K-3 status. You must file separate I-130 immigrant visa petitions for your children before they qualify for permanent residence. When they adjust status in the U.S., they must file Form I-485 Application to Register Permanent Residence or to Adjust Status with the USCIS Office that serves the area where you live. Remember that in immigration law children must be unmarried and under 21 years of age.
The K-4 visa will not be denied because the child's name is not listed on the I-129F petition. As long as it can be established that he/she is the minor, unmarried child of the applicant issued a K-3 visa. As a K-3 visa holder, you can file form I-765, Application for Employment Authorization with the USCIS that serves the area where you live for an employment authorization document (work permit). Unfortunately, it is taking about 90-120 days to obtain the work permit, which means that you cannot work or even apply or social security number or even for a driver’s license or picture ID.
The length of time varies from case to case according to its circumstances. The time it takes each USCIS office and each consular office to process the case varies. Some cases are delayed because the applicants do not follow instructions carefully or supply incomplete information. It is important to give correct postal addresses, e-mail address and telephone numbers in the forms being filled out and submitted. Some visa applications require further administrative processing, which takes additional time after the visa applicant's interview by a Consular Officer. Certain conditions and activities may make an applicant ineligible for a visa like drug trafficking, overstaying a previous visa, practicing polygamy, advocating the overthrow of the government, submitting fraudulent documents, The consular officer will inform the visa applicant, if you are ineligible for a visa, whether there is a waiver of the ineligibility and what the waiver process is.
To qualify for K-4 issuance, an applicant must be the minor, unmarried child under 21 years of age of a qualified K-3 visa applicant. The U.S. citizen who files an I-129F petition for an alien spouse does not have to file a separate I-129F petition for a child of his/her spouse. These children should be listed on the I-129F petition for the spouse. While the U.S. citizen must also file an I-130 petition for the spouse, there is no requirement to file a Form I-130 immigrant visa petition on behalf of the spouse's children seeking K-4 nonimmigrant status, since K-4 is a derivative nonimmigrant classification.
The K-4 child will not be able to file for adjustment of status in the U.S. until the U.S. citizen parent/step-parent files an I-130 (immigrant petition) on behalf of the child. If the U.S. citizen parent/step-parent never files the I-130 petition, the immigrating parent on K-3 visa, who obtained permanent resident status may do so once he/she has obtained legal permanent resident (LPR) status, but the child would have to wait for an available visa number. Finally, the immigrant parent, upon adjusting status will no longer be in K-3 status, therefore, the child will no longer be in lawful K-4 status, since this is merely a derivative classification, and that child would begin to accrue unlawful presence while in United States. But still eligible to adjust status if the immigrant parent becomes a U. S citizen, but it may take years and the child may have troubles with the status violations, obtaining driver’s license and attending colleges etc. It will be always prudent on the part of the U. S citizen to consult with an experienced immigration attorney and hire the attorney to do all processing.
K-3/K-4 visa holders cannot change status in the U.S. to another non-immigrant visa category. Spouses or children present in the U.S. in a K-3 or K-4 nonimmigrant visa status can travel outside of the U.S. and return using their K-3/K-4 visa since they are issued for two years duration. If they have filed for adjustment of status in the U.S. prior to departure from the U.S., USCIS will not presume that the departure constitutes abandonment of an adjustment application. Before your spouse arrives in the U.S., you can help her or him apply for a social security number card. You can also file your tax return as married filing jointly by applying for a Tax ID number with the IRS. As stated above, there are several complex process involved whether you process immigrant visa or K-3/K-4 visas for your spouse and children.
To conclude, it is worthless to file a K-3 petition for your spouse or children in the light of the above new rule by the DOS. We in our office normally do not recommend for filing a K-3 petition since both immigrant petition and K-3 petition are processed at the same service center at the same time and forwarded to the NVC at the same time. Previously, the spouse and children had the option to select K-3 processing or immigrant visa processing. But the new rule ends the option to select the visa category and continue processing. Another disadvantage in entering on K-3/K-4 visas is that they are not allowed to work or apply for social security number or apply for driver’s license or picture ID, until they receive work permit. In order to receive the work permit you must file separate application for each person and pay the fee. It will take about 90-120 days to receive the work permit under the present circumstances. More over, K-3/K-4 spouse and the children must file separate adjustment of status applications by paying additional fee and must wait about 4-6 months for interview scheduled for approval of their Green Cards.
Disclaimer: Lal Varghese, Attorney at Law does not claim authorship for above referenced information. Lal Varghese, Attorney at Law or the publisher is not responsible or liable for anything stated above, since it is generalized information about the subject matters collected from various sources including Department of Homeland Security, Department of Justice, State Department, Federal Register, and American Immigration Lawyer’s Association (AILA) Advocacy Center, and other legal sources. For individual cases and specific questions you are advised to consult an attorney of your choice or contact the agencies mentioned above. You may visit our website at: www.indiaimmigrationusa.com or www.indiaimmigrationusa.blogspot.com for more information about other related immigration matters.
Lal Varghese, Attorney at Law, Dallas
The consular officer may ask for additional information. It is a good idea to bring marriage photographs and other proof that the marriage is genuine. Documents in foreign languages should be translated. Take clear, legible photocopies of civil documents, such as birth and marriage certificates, to the visa interview. Original documents can then be returned to you. Fees are charged for the following services: Filing an immigrant Petition for Alien Relative, Form I-130, Applying for a nonimmigrant visa application processing fee, DS-156 (DS-160 online), Medical examination (costs vary from post to post), Fingerprinting fees, if required Filing Form I-485, Application to Register Permanent Residence or to Adjust Status Other costs may include translation and photocopying charges, fees for getting the documents required for the visa application (such as passport, police certificates, birth certificates, etc.), and travel expenses to the embassy or consulate for an interview. Costs vary from country to country and case to case.
For current fees for Department of State, government services please visit the web site of USCIS and Department of State. The I-129F petition is valid for four months from the date of approval. A consular officer can extend the validity of the petition (revalidate the petition) if it expires before you finish processing the visa. Children do not need separate Petition for Alien Relative, I-130 petitions, but you, the petitioner, must take care to name all your children on the Petition for Alien Fiance, I-129F petition. If you do not name the children on the petition, they may find it difficult to prove their identity as children of a K-3 applicant or person in K-3 status. You must file separate I-130 immigrant visa petitions for your children before they qualify for permanent residence. When they adjust status in the U.S., they must file Form I-485 Application to Register Permanent Residence or to Adjust Status with the USCIS Office that serves the area where you live. Remember that in immigration law children must be unmarried and under 21 years of age.
The K-4 visa will not be denied because the child's name is not listed on the I-129F petition. As long as it can be established that he/she is the minor, unmarried child of the applicant issued a K-3 visa. As a K-3 visa holder, you can file form I-765, Application for Employment Authorization with the USCIS that serves the area where you live for an employment authorization document (work permit). Unfortunately, it is taking about 90-120 days to obtain the work permit, which means that you cannot work or even apply or social security number or even for a driver’s license or picture ID.
The length of time varies from case to case according to its circumstances. The time it takes each USCIS office and each consular office to process the case varies. Some cases are delayed because the applicants do not follow instructions carefully or supply incomplete information. It is important to give correct postal addresses, e-mail address and telephone numbers in the forms being filled out and submitted. Some visa applications require further administrative processing, which takes additional time after the visa applicant's interview by a Consular Officer. Certain conditions and activities may make an applicant ineligible for a visa like drug trafficking, overstaying a previous visa, practicing polygamy, advocating the overthrow of the government, submitting fraudulent documents, The consular officer will inform the visa applicant, if you are ineligible for a visa, whether there is a waiver of the ineligibility and what the waiver process is.
To qualify for K-4 issuance, an applicant must be the minor, unmarried child under 21 years of age of a qualified K-3 visa applicant. The U.S. citizen who files an I-129F petition for an alien spouse does not have to file a separate I-129F petition for a child of his/her spouse. These children should be listed on the I-129F petition for the spouse. While the U.S. citizen must also file an I-130 petition for the spouse, there is no requirement to file a Form I-130 immigrant visa petition on behalf of the spouse's children seeking K-4 nonimmigrant status, since K-4 is a derivative nonimmigrant classification.
The K-4 child will not be able to file for adjustment of status in the U.S. until the U.S. citizen parent/step-parent files an I-130 (immigrant petition) on behalf of the child. If the U.S. citizen parent/step-parent never files the I-130 petition, the immigrating parent on K-3 visa, who obtained permanent resident status may do so once he/she has obtained legal permanent resident (LPR) status, but the child would have to wait for an available visa number. Finally, the immigrant parent, upon adjusting status will no longer be in K-3 status, therefore, the child will no longer be in lawful K-4 status, since this is merely a derivative classification, and that child would begin to accrue unlawful presence while in United States. But still eligible to adjust status if the immigrant parent becomes a U. S citizen, but it may take years and the child may have troubles with the status violations, obtaining driver’s license and attending colleges etc. It will be always prudent on the part of the U. S citizen to consult with an experienced immigration attorney and hire the attorney to do all processing.
K-3/K-4 visa holders cannot change status in the U.S. to another non-immigrant visa category. Spouses or children present in the U.S. in a K-3 or K-4 nonimmigrant visa status can travel outside of the U.S. and return using their K-3/K-4 visa since they are issued for two years duration. If they have filed for adjustment of status in the U.S. prior to departure from the U.S., USCIS will not presume that the departure constitutes abandonment of an adjustment application. Before your spouse arrives in the U.S., you can help her or him apply for a social security number card. You can also file your tax return as married filing jointly by applying for a Tax ID number with the IRS. As stated above, there are several complex process involved whether you process immigrant visa or K-3/K-4 visas for your spouse and children.
To conclude, it is worthless to file a K-3 petition for your spouse or children in the light of the above new rule by the DOS. We in our office normally do not recommend for filing a K-3 petition since both immigrant petition and K-3 petition are processed at the same service center at the same time and forwarded to the NVC at the same time. Previously, the spouse and children had the option to select K-3 processing or immigrant visa processing. But the new rule ends the option to select the visa category and continue processing. Another disadvantage in entering on K-3/K-4 visas is that they are not allowed to work or apply for social security number or apply for driver’s license or picture ID, until they receive work permit. In order to receive the work permit you must file separate application for each person and pay the fee. It will take about 90-120 days to receive the work permit under the present circumstances. More over, K-3/K-4 spouse and the children must file separate adjustment of status applications by paying additional fee and must wait about 4-6 months for interview scheduled for approval of their Green Cards.
Disclaimer: Lal Varghese, Attorney at Law does not claim authorship for above referenced information. Lal Varghese, Attorney at Law or the publisher is not responsible or liable for anything stated above, since it is generalized information about the subject matters collected from various sources including Department of Homeland Security, Department of Justice, State Department, Federal Register, and American Immigration Lawyer’s Association (AILA) Advocacy Center, and other legal sources. For individual cases and specific questions you are advised to consult an attorney of your choice or contact the agencies mentioned above. You may visit our website at: www.indiaimmigrationusa.com or www.indiaimmigrationusa.blogspot.com for more information about other related immigration matters.
U. S Passport Office in Dallas & How to Schedule an Appointment
Schedule an Appointment at the Dallas Passport Agency
· You need your U.S. passport in less than 2 weeks for international travel
· You need your U.S. passport within 4 weeks to obtain a foreign visa
Where can I apply if these requirements do not apply to me?
Make an appointment 24 hours a day, 7 days a week using our automated appointment system at 1-877-487-2778 .
Appointments Available From8:00 a.m. to 3:00 p.m.Monday through FridayExcluding Federal Holidays
AddressEarle Cabell Federal Building1100 Commerce St, Suite 1120Dallas, TX 75242
When You Arrive for Your Appointment
1. Arrive on time
· You will not be admitted more than 15 minutes before the scheduled appointment time
· You will not be admitted more than 15 minutes after the scheduled appointment time
2. Take the elevator to the 11th floor, Suite 1120
3. You will be required to pass through building security screening and metal detectors
· Weapons are prohibited. See Title 18, United States Code, Section 930 .
4. Check-In at Information Desk
· You must present your Social Security Number or Appointment Confirmation Number to verify your appointment
· You must present proof of international travel within 2 weeks of the appointment or proof of emergency abroad
5. Receive your queue number and take a seat
· The public waiting area is limited to applicants, required witnesses, and those accompanying minors, disabled applicants, or serving as interpreters
Directions
Driving Directions
From the South: Take I-45 North to the Main Street West/Elm Street Exit (Exit 284B). Take the Elm Street ramp. Turn slight left onto Elm Street. Turn left onto North Griffin Street. Turn left onto Commerce Street.
From the North: Take North Central Expressway/US-75 South. Merge onto TX-366 West/Woodall Rodgers Freeway West (Exit 1A) toward I-35E South/Waco. Take the exit toward Field Street. Stay straight to go onto McKinney Avenue/Woodall Rodgers Freeway. Turn left onto North Field Street. Turn slight right onto North Griffin Street. Turn left onto Commerce Street.
From the East: Take I-30 West/US-67 South. Take the I-45 South Exit (Exit 47B) toward US-75 North/Houston/McKinney. Take the Exit toward US-75 N/McKinney. Take The Main Street West/Elm Street Exit on the left. Take the Elm Street ramp. Turn slight left onto Elm Street. Turn left onto North Griffin Street. Turn left onto Commerce Street.
From the West: Take I-35E South/US-77 South. Take the Commerce Street East Exit (Exit 428E) toward Reunion Boulevard. Turn slight right onto Commerce Street. Take the Commerce Street Ramp. Stay straight to go onto Commerce Street.
From DFW Airport: Start out going South on International Parkway South/TX-97 Spur South. Merge onto TX-183 East toward Irving/Dallas. TX-183 East becomes I-35E South/US-77 South. Take the Commerce Street East Exit (Exit 428E) toward Reunion Boulevard. Turn slight right onto Commerce Street. Take the Commerce Street ramp. Stay straight to go onto Commerce Street. (Travel time approximately 25 minutes)
From Dallas Love Field Airport: Exit airport and turn right onto Mockingbird Lane. Merge onto I-35E South/US-77 South via the ramp on the left. Take the Commerce Street East Exit (Exit 428E) toward Reunion Boulevard. Turn slight right onto Commerce Street. Take the Commerce Street Ramp. Stay straight to go onto Commerce Street. (Travel time approximately 15 minutes)
Parking:There are parking lots on the corner of Commerce and S. Griffin St. in front of the Federal building; behind the Federal building at S. Griffin and Jackson St.; and at S. Griffin and Wood Street. Daily parking rates in the area range from $6 – $10 depending on location. Parking Rates subject to change without notice.
Important Information
· There is no charge for an appointment at a passport agency. Customers should not pay anyone or any business making such a charge.
· For information on what you need to bring to your appointment, see How to Apply In Person.
Information Furnished by Lal Varghese, Attorney at Law, Dallas
Schedule an Appointment at the Dallas Passport Agency only if:· You need your U.S. passport in less than 2 weeks for international travel
· You need your U.S. passport within 4 weeks to obtain a foreign visa
Where can I apply if these requirements do not apply to me?
Make an appointment 24 hours a day, 7 days a week using our automated appointment system at 1-877-487-2778 .
Appointments Available From8:00 a.m. to 3:00 p.m.Monday through FridayExcluding Federal Holidays
AddressEarle Cabell Federal Building1100 Commerce St, Suite 1120Dallas, TX 75242
When You Arrive for Your Appointment
1. Arrive on time
· You will not be admitted more than 15 minutes before the scheduled appointment time
· You will not be admitted more than 15 minutes after the scheduled appointment time
2. Take the elevator to the 11th floor, Suite 1120
3. You will be required to pass through building security screening and metal detectors
· Weapons are prohibited. See Title 18, United States Code, Section 930 .
4. Check-In at Information Desk
· You must present your Social Security Number or Appointment Confirmation Number to verify your appointment
· You must present proof of international travel within 2 weeks of the appointment or proof of emergency abroad
5. Receive your queue number and take a seat
· The public waiting area is limited to applicants, required witnesses, and those accompanying minors, disabled applicants, or serving as interpreters
Directions
Driving Directions
From the South: Take I-45 North to the Main Street West/Elm Street Exit (Exit 284B). Take the Elm Street ramp. Turn slight left onto Elm Street. Turn left onto North Griffin Street. Turn left onto Commerce Street.
From the North: Take North Central Expressway/US-75 South. Merge onto TX-366 West/Woodall Rodgers Freeway West (Exit 1A) toward I-35E South/Waco. Take the exit toward Field Street. Stay straight to go onto McKinney Avenue/Woodall Rodgers Freeway. Turn left onto North Field Street. Turn slight right onto North Griffin Street. Turn left onto Commerce Street.
From the East: Take I-30 West/US-67 South. Take the I-45 South Exit (Exit 47B) toward US-75 North/Houston/McKinney. Take the Exit toward US-75 N/McKinney. Take The Main Street West/Elm Street Exit on the left. Take the Elm Street ramp. Turn slight left onto Elm Street. Turn left onto North Griffin Street. Turn left onto Commerce Street.
From the West: Take I-35E South/US-77 South. Take the Commerce Street East Exit (Exit 428E) toward Reunion Boulevard. Turn slight right onto Commerce Street. Take the Commerce Street Ramp. Stay straight to go onto Commerce Street.
From DFW Airport: Start out going South on International Parkway South/TX-97 Spur South. Merge onto TX-183 East toward Irving/Dallas. TX-183 East becomes I-35E South/US-77 South. Take the Commerce Street East Exit (Exit 428E) toward Reunion Boulevard. Turn slight right onto Commerce Street. Take the Commerce Street ramp. Stay straight to go onto Commerce Street. (Travel time approximately 25 minutes)
From Dallas Love Field Airport: Exit airport and turn right onto Mockingbird Lane. Merge onto I-35E South/US-77 South via the ramp on the left. Take the Commerce Street East Exit (Exit 428E) toward Reunion Boulevard. Turn slight right onto Commerce Street. Take the Commerce Street Ramp. Stay straight to go onto Commerce Street. (Travel time approximately 15 minutes)
Parking:There are parking lots on the corner of Commerce and S. Griffin St. in front of the Federal building; behind the Federal building at S. Griffin and Jackson St.; and at S. Griffin and Wood Street. Daily parking rates in the area range from $6 – $10 depending on location. Parking Rates subject to change without notice.
Important Information
· There is no charge for an appointment at a passport agency. Customers should not pay anyone or any business making such a charge.
· For information on what you need to bring to your appointment, see How to Apply In Person.
Brother/Sisters of U. S Citizens may obtain Green Cards with 3-5 years under F-4 Category instead of long waiting periods
Brothers and Sisters of U. S Citizens May Obtain Green Cards within 3-5 Years under F-4 Category Instead of Long Waiting Periods
Lal Varghese, Attorney at Law, Dallas
Many people become permanent residents (Green card) through family members. The United States promotes family unity and allows U.S. citizens and permanent residents (Green Card Holders) to petition for certain relatives to come and live permanently in the United States. Your family members may be eligible to get a green card through a family member who is a U.S. citizen or permanent resident without waiting for 10-15 years as it used to be. This is very much true in the case of F-4 category (brothers and sisters of U. S citizens) which has got a waiting period of about 10 years from India now. For the past about s six month or the priority date if moving about 3-4 months every month, which means in order to move one year it takes only about 3-4 months. In the past the priority date use to move only about 10-15 days per months which means in order to move one month it use to take 2-3 months and for one year it use to take about 1-3 years, hence the waiting of about 10-15 years.
Your relatives are eligible to get a green card as an immediate relative or as a family member in a preference category if you are a U.S. citizen relative and file a Form I-130, Petition for Alien Relative, for you. Your relatives are an immediate relative of a U.S. citizen if they are:
· The child (unmarried and under 21 years old) of a U.S. citizen
· The spouse (husband or wife) of a U.S. citizen
· The parent of a U.S. citizen (if the U.S. citizen is 21 years or older)
If your relative is a family member of you who is a U.S. citizen, in a preference category if they are:
· An unmarried son or daughter (21 years or older) of a U.S. citizen
· A married son or daughter (any age) of a U.S. citizen
· A sibling (brother or sister) of a U.S. citizen
Your relative is a family member of a permanent resident in a preference category if they are:
· The spouse of a permanent resident
· The child (unmarried and under 21 years old) of permanent resident
· The unmarried son or daughter (21 years or older) of a permanent resident
You relative may also be eligible to get a green card if they fall in one of the categories:
· Are a battered child or spouse of a U.S. citizen
· Entered the United States with a K visa as the fiancé(e) or spouse of a U.S. citizen or an accompanying child
· Obtained V nonimmigrant status
· Are a widow(er) of a U.S. citizen
· Are born to a foreign diplomat in the United States
When you file an immigrant petition for your relatives or siblings, you will be issued with a receipt which has a receipt date, which is your priority date. The eligibility for visas will be decided on the basis of the priority date, which means after filing the petition and its approval your relatives or siblings in preference category will be waiting in line for visa eligibility. Once the immigrant petition is approved, the file will be transferred to National Visa Center (NVC), it processes all papers works and even schedules interview in the consulate. The NVC is the main office of all U. S Consulates around the world. Under these new processing procedures, the applicants for visas need to only obtain the medical report and appear for interview with their passports. There is no waiting period or priority date for immediate relatives of U. S citizens. The waiting period for spouses and unmarried children under 21 of permanent residents is only about two years from India, which also uses to be about 4-5 years in the past. There is also a proposal pending in the Congress to make the spouses and children under 21 of Green Card holders as immediate relatives so that they do not need to wait in line and they can immigrate immediately. If a Green Card holder marries from India, under the present circumstances the spouses can immigrate to United States within 2-3 years along with the children under 21 who are unmarried.
If we look at the history of the priority date movement since 1980s in category F-4 we can see that the waiting period is doubling every ten year. During the 1980 the waiting period under F-4 category was only about 3-4 years. During the 1990s the waiting period under F-4 category was increased to 6-7 years and during the 2000s it has been increased to 10-12 years. The reason for this long waiting period is that there are only about 65,000 visas are allotted to all countries in the world under F-4 category. India being one of the countries along with Philippines, China, and Mexico from where more immigrants are coming to United States has more people waiting in line. The quota remains the same all these years, but the number of applicants is increasing, hence the waiting period is increasing.
For unknown reasons beginning January 2009 the F-4 category is moving an average of about 2-3 months. Very recently it is moving about 3-4 months every month. If that trend continues those who are waiting in line will be eligible for visas within next 2-3 years. If that trend continues again after 2-3 years, those who are filing new immigrant petitions for their brothers and sisters now, they can obtain immigrant visas within 2-3 years after the present waiting period is over. In other words, if you are a U. S citizen and never filed for your siblings to immigrate to United States, this is the time to file the petitions for them. You should be very careful in filing the immigrant petitions since the rules have changed and you need to have proper documents to prove the relationship between you and your siblings. If not, the petition will be denied without even issuing a request for additional evidence (RFE) under the new RFE rules since it requires primary eligibility documents to be filed with the immigrant petition.
There are two distinct paths through which you can get your green card. Many family members who are already in the United States may qualify for adjustment of status to permanent residence in the United States, which means they are able to complete their immigrant processing without having to return to their home country. Those relatives outside the United States or those who are not eligible to adjust status in the United States may be eligible for consular processing through a U.S. embassy or consulate abroad that has jurisdiction over their foreign place of residence. In order to be eligible to adjust status the applicants must be grand fathered under section 245(i) of the INA by having an immigrant petition or labor certification filed for them on or before April 30, 2001 and the principal applicant should be physically present in United States as of Dec. 21, 2000. If the applicant is not qualified to adjust by having grand fathered, then if the applicant leaves for consular processing there will be 3/10 year to obtain any immigrant visas under a separate rule.
Disclaimer: Lal Varghese, Attorney at Law does not claim authorship for above referenced information. Lal Varghese, Attorney at Law or the publisher is not responsible or liable for anything stated above, since it is generalized information about the subject matters collected from various sources including Department of Homeland Security, Department of Justice, State Department, Federal Register, and American Immigration Lawyers Association (AILA) Advocacy Center, and other legal sources. For individual cases and specific questions you are advised to consult an attorney of your choice or contact the agencies mentioned above. You may visit our website at: www.indiaimmigrationusa.com or www.indiaimmigrationusa.blogspot.com for more information about other related immigration matters.
Lal Varghese, Attorney at Law, Dallas
Many people become permanent residents (Green card) through family members. The United States promotes family unity and allows U.S. citizens and permanent residents (Green Card Holders) to petition for certain relatives to come and live permanently in the United States. Your family members may be eligible to get a green card through a family member who is a U.S. citizen or permanent resident without waiting for 10-15 years as it used to be. This is very much true in the case of F-4 category (brothers and sisters of U. S citizens) which has got a waiting period of about 10 years from India now. For the past about s six month or the priority date if moving about 3-4 months every month, which means in order to move one year it takes only about 3-4 months. In the past the priority date use to move only about 10-15 days per months which means in order to move one month it use to take 2-3 months and for one year it use to take about 1-3 years, hence the waiting of about 10-15 years.
Your relatives are eligible to get a green card as an immediate relative or as a family member in a preference category if you are a U.S. citizen relative and file a Form I-130, Petition for Alien Relative, for you. Your relatives are an immediate relative of a U.S. citizen if they are:
· The child (unmarried and under 21 years old) of a U.S. citizen
· The spouse (husband or wife) of a U.S. citizen
· The parent of a U.S. citizen (if the U.S. citizen is 21 years or older)
If your relative is a family member of you who is a U.S. citizen, in a preference category if they are:
· An unmarried son or daughter (21 years or older) of a U.S. citizen
· A married son or daughter (any age) of a U.S. citizen
· A sibling (brother or sister) of a U.S. citizen
Your relative is a family member of a permanent resident in a preference category if they are:
· The spouse of a permanent resident
· The child (unmarried and under 21 years old) of permanent resident
· The unmarried son or daughter (21 years or older) of a permanent resident
You relative may also be eligible to get a green card if they fall in one of the categories:
· Are a battered child or spouse of a U.S. citizen
· Entered the United States with a K visa as the fiancé(e) or spouse of a U.S. citizen or an accompanying child
· Obtained V nonimmigrant status
· Are a widow(er) of a U.S. citizen
· Are born to a foreign diplomat in the United States
When you file an immigrant petition for your relatives or siblings, you will be issued with a receipt which has a receipt date, which is your priority date. The eligibility for visas will be decided on the basis of the priority date, which means after filing the petition and its approval your relatives or siblings in preference category will be waiting in line for visa eligibility. Once the immigrant petition is approved, the file will be transferred to National Visa Center (NVC), it processes all papers works and even schedules interview in the consulate. The NVC is the main office of all U. S Consulates around the world. Under these new processing procedures, the applicants for visas need to only obtain the medical report and appear for interview with their passports. There is no waiting period or priority date for immediate relatives of U. S citizens. The waiting period for spouses and unmarried children under 21 of permanent residents is only about two years from India, which also uses to be about 4-5 years in the past. There is also a proposal pending in the Congress to make the spouses and children under 21 of Green Card holders as immediate relatives so that they do not need to wait in line and they can immigrate immediately. If a Green Card holder marries from India, under the present circumstances the spouses can immigrate to United States within 2-3 years along with the children under 21 who are unmarried.
If we look at the history of the priority date movement since 1980s in category F-4 we can see that the waiting period is doubling every ten year. During the 1980 the waiting period under F-4 category was only about 3-4 years. During the 1990s the waiting period under F-4 category was increased to 6-7 years and during the 2000s it has been increased to 10-12 years. The reason for this long waiting period is that there are only about 65,000 visas are allotted to all countries in the world under F-4 category. India being one of the countries along with Philippines, China, and Mexico from where more immigrants are coming to United States has more people waiting in line. The quota remains the same all these years, but the number of applicants is increasing, hence the waiting period is increasing.
For unknown reasons beginning January 2009 the F-4 category is moving an average of about 2-3 months. Very recently it is moving about 3-4 months every month. If that trend continues those who are waiting in line will be eligible for visas within next 2-3 years. If that trend continues again after 2-3 years, those who are filing new immigrant petitions for their brothers and sisters now, they can obtain immigrant visas within 2-3 years after the present waiting period is over. In other words, if you are a U. S citizen and never filed for your siblings to immigrate to United States, this is the time to file the petitions for them. You should be very careful in filing the immigrant petitions since the rules have changed and you need to have proper documents to prove the relationship between you and your siblings. If not, the petition will be denied without even issuing a request for additional evidence (RFE) under the new RFE rules since it requires primary eligibility documents to be filed with the immigrant petition.
There are two distinct paths through which you can get your green card. Many family members who are already in the United States may qualify for adjustment of status to permanent residence in the United States, which means they are able to complete their immigrant processing without having to return to their home country. Those relatives outside the United States or those who are not eligible to adjust status in the United States may be eligible for consular processing through a U.S. embassy or consulate abroad that has jurisdiction over their foreign place of residence. In order to be eligible to adjust status the applicants must be grand fathered under section 245(i) of the INA by having an immigrant petition or labor certification filed for them on or before April 30, 2001 and the principal applicant should be physically present in United States as of Dec. 21, 2000. If the applicant is not qualified to adjust by having grand fathered, then if the applicant leaves for consular processing there will be 3/10 year to obtain any immigrant visas under a separate rule.
Disclaimer: Lal Varghese, Attorney at Law does not claim authorship for above referenced information. Lal Varghese, Attorney at Law or the publisher is not responsible or liable for anything stated above, since it is generalized information about the subject matters collected from various sources including Department of Homeland Security, Department of Justice, State Department, Federal Register, and American Immigration Lawyers Association (AILA) Advocacy Center, and other legal sources. For individual cases and specific questions you are advised to consult an attorney of your choice or contact the agencies mentioned above. You may visit our website at: www.indiaimmigrationusa.com or www.indiaimmigrationusa.blogspot.com for more information about other related immigration matters.
USCIS to Issue Redesigned Green Cards
USCIS to Issue Redesigned Green Cards
Lal Varghese, Attorney at Law, Dallas
U.S. Citizenship and Immigration Services (USCIS) announced that with effect from May 11, 2010 they will issue new redesigned the Permanent Resident Cards - commonly known as the "Green Card" - to incorporate several major new security features. The Green Card redesign is the latest advance in USCIS’s ongoing efforts to deter immigration fraud. State-of-the-art technology incorporated into the new card prevents counterfeiting, obstructs tampering, and facilitates quick and accurate authentication. Beginning today, USCIS will issue all Green Cards in the new, more secure format.
The enhanced features will better serve law enforcement, employers, and immigrants, all of whom look to the Green Card as definitive proof of legal authorization to live and work in the United States. Among the benefits of the redesign: Secure optical media will store biometrics for rapid and reliable identification of the card holder. Holographic images, laser engraved fingerprints, and high resolution micro-images will make the card nearly impossible to reproduce. Tighter integration of the card design with personalized elements will make it difficult to alter the card if stolen. Radio Frequency Identification (RFID) capability will allow Customs and Border Protection officers at ports of entry to read the card from a distance and compare it immediately to file data. Finally, a pre-printed return address will enable the easy return of a lost card to USCIS by anyone who found the same. In keeping with the Permanent Resident Card's nickname, it will now be colored green for easy recognition. USCIS will replace Green Cards already in circulation as and when individuals apply for renewal or replacement of their existing green cards.
Important Features of the new Green Card:
· Redesign results from extensive collaboration with the Department of Homeland Security (DHS) Screening Coordination Office, the Immigration and Customs Enforcement (ICE) Forensic Document Laboratory, and U.S. Customs and Border Protection (CBP).
· Special ink creates color shifts in visual designs (e.g., eagle’s head).
· Fine-lined artwork and complex architecture incorporate patterns that are nearly impossible to reproduce.
· Card materials resist tampering. Attempted tampering becomes immediately visible to the naked eye.
· Standard card design and personalized features are integrated to deter fraud attempts, e.g., alteration of the photograph.
· Greater detail in photograph makes for easier identification of the bearer.
· Ultra-violet technology and tactile clues allow accurate card authentication at border crossings.
· Radio Frequency Identification (RFID) allows inspectors to read unique, 192-bit serial number (192-bits) from a distance and link the information to the personal data on file.
· Personalized return address on back of card doubles as security feature and as customer-service enhancement to facilitate easy return of lost cards to USCIS.
· In keeping with its nickname, redesigned Permanent Resident Card is now green.
A Green Card is proof of legal authorization to live and work in the United States on a permanent basis. It also is evidence of registration in accordance with U.S. immigration laws. Newly issued Green Cards are valid for ten years for lawful permanent residents and two years for conditional residents. The permanent resident must renew his or her card each time it expires. The Green Card redesign is the latest advance in USCIS’s ongoing efforts to deter immigration fraud. State-of-the-art technology prevents counterfeiting, obstructs tampering, and facilitates quick and accurate authentication of the card. The enhanced features will better serve law enforcement, employers, and immigrants, all of whom look to the Green Card as definitive proof of authorization to live and work in the United States.
Secure optical media store biometrics for rapid and reliable identification of the card holder. Holographic images, laser engraved fingerprints, and high resolution micro-images make the card nearly impossible to reproduce. Tighter integration of the card design with personalized elements makes it difficult to alter the card if stolen. Radio Frequency Identification (RFID) capability allows Customs and Border Protection officers at ports of entry to read the card from a distance and compare it immediately to file data. Finally, a preprinted return address enables the quick and easy return of a lost card to USCIS.
After the redesign, the card is now colored green. Beginning May 11, 2010, USCIS will issue all Green Cards in the new, more secure format. Recipients of the redesigned card will include those newly approved for lawful permanent residency, as well as those who have sought a renewal or replacement card. Some existing Green Cards bear an expiration date, and those cards will remain valid until they expire. Holders of those cards will receive the redesigned version when seeking a renewal or replacement. Other existing Green Cards have no expiration date, and those cards remain valid. USCIS recommends that holders of cards without an expiration date apply to replace their cards with the redesigned version. The current cost of renewing or replacing a Green Card is $370. Additionally, eligible permanent residents may choose to explore becoming a naturalized U.S. citizen. A lawful permanent resident may seek a replacement card by filing a Form I-90, application to Replace Permanent Resident Card. If outside the United States, a lawful permanent resident should contact the nearest U.S. consulate, USCIS office, or U.S. port of entry before attempting to file a Form I-90.
Disclaimer: Lal Varghese, Attorney at Law does not claim authorship for above referenced information. Lal Varghese, Attorney at Law or the publisher is not responsible or liable for anything stated above, since it is generalized information about the subject matters collected from various sources including Department of Homeland Security, Department of Justice, State Department, Federal Register, and American Immigration Lawyers Association (AILA) Advocacy Center, and other legal sources. For individual cases and specific questions you are advised to consult an attorney of your choice or contact the agencies mentioned above. You may visit our website at: www.indiaimmigrationusa.com or www.indiaimmigrationusa.blogspot.com for more information about other related immigration matters.
Lal Varghese, Attorney at Law, Dallas
U.S. Citizenship and Immigration Services (USCIS) announced that with effect from May 11, 2010 they will issue new redesigned the Permanent Resident Cards - commonly known as the "Green Card" - to incorporate several major new security features. The Green Card redesign is the latest advance in USCIS’s ongoing efforts to deter immigration fraud. State-of-the-art technology incorporated into the new card prevents counterfeiting, obstructs tampering, and facilitates quick and accurate authentication. Beginning today, USCIS will issue all Green Cards in the new, more secure format.
The enhanced features will better serve law enforcement, employers, and immigrants, all of whom look to the Green Card as definitive proof of legal authorization to live and work in the United States. Among the benefits of the redesign: Secure optical media will store biometrics for rapid and reliable identification of the card holder. Holographic images, laser engraved fingerprints, and high resolution micro-images will make the card nearly impossible to reproduce. Tighter integration of the card design with personalized elements will make it difficult to alter the card if stolen. Radio Frequency Identification (RFID) capability will allow Customs and Border Protection officers at ports of entry to read the card from a distance and compare it immediately to file data. Finally, a pre-printed return address will enable the easy return of a lost card to USCIS by anyone who found the same. In keeping with the Permanent Resident Card's nickname, it will now be colored green for easy recognition. USCIS will replace Green Cards already in circulation as and when individuals apply for renewal or replacement of their existing green cards.
Important Features of the new Green Card:
· Redesign results from extensive collaboration with the Department of Homeland Security (DHS) Screening Coordination Office, the Immigration and Customs Enforcement (ICE) Forensic Document Laboratory, and U.S. Customs and Border Protection (CBP).
· Special ink creates color shifts in visual designs (e.g., eagle’s head).
· Fine-lined artwork and complex architecture incorporate patterns that are nearly impossible to reproduce.
· Card materials resist tampering. Attempted tampering becomes immediately visible to the naked eye.
· Standard card design and personalized features are integrated to deter fraud attempts, e.g., alteration of the photograph.
· Greater detail in photograph makes for easier identification of the bearer.
· Ultra-violet technology and tactile clues allow accurate card authentication at border crossings.
· Radio Frequency Identification (RFID) allows inspectors to read unique, 192-bit serial number (192-bits) from a distance and link the information to the personal data on file.
· Personalized return address on back of card doubles as security feature and as customer-service enhancement to facilitate easy return of lost cards to USCIS.
· In keeping with its nickname, redesigned Permanent Resident Card is now green.
A Green Card is proof of legal authorization to live and work in the United States on a permanent basis. It also is evidence of registration in accordance with U.S. immigration laws. Newly issued Green Cards are valid for ten years for lawful permanent residents and two years for conditional residents. The permanent resident must renew his or her card each time it expires. The Green Card redesign is the latest advance in USCIS’s ongoing efforts to deter immigration fraud. State-of-the-art technology prevents counterfeiting, obstructs tampering, and facilitates quick and accurate authentication of the card. The enhanced features will better serve law enforcement, employers, and immigrants, all of whom look to the Green Card as definitive proof of authorization to live and work in the United States.
Secure optical media store biometrics for rapid and reliable identification of the card holder. Holographic images, laser engraved fingerprints, and high resolution micro-images make the card nearly impossible to reproduce. Tighter integration of the card design with personalized elements makes it difficult to alter the card if stolen. Radio Frequency Identification (RFID) capability allows Customs and Border Protection officers at ports of entry to read the card from a distance and compare it immediately to file data. Finally, a preprinted return address enables the quick and easy return of a lost card to USCIS.
After the redesign, the card is now colored green. Beginning May 11, 2010, USCIS will issue all Green Cards in the new, more secure format. Recipients of the redesigned card will include those newly approved for lawful permanent residency, as well as those who have sought a renewal or replacement card. Some existing Green Cards bear an expiration date, and those cards will remain valid until they expire. Holders of those cards will receive the redesigned version when seeking a renewal or replacement. Other existing Green Cards have no expiration date, and those cards remain valid. USCIS recommends that holders of cards without an expiration date apply to replace their cards with the redesigned version. The current cost of renewing or replacing a Green Card is $370. Additionally, eligible permanent residents may choose to explore becoming a naturalized U.S. citizen. A lawful permanent resident may seek a replacement card by filing a Form I-90, application to Replace Permanent Resident Card. If outside the United States, a lawful permanent resident should contact the nearest U.S. consulate, USCIS office, or U.S. port of entry before attempting to file a Form I-90.
Disclaimer: Lal Varghese, Attorney at Law does not claim authorship for above referenced information. Lal Varghese, Attorney at Law or the publisher is not responsible or liable for anything stated above, since it is generalized information about the subject matters collected from various sources including Department of Homeland Security, Department of Justice, State Department, Federal Register, and American Immigration Lawyers Association (AILA) Advocacy Center, and other legal sources. For individual cases and specific questions you are advised to consult an attorney of your choice or contact the agencies mentioned above. You may visit our website at: www.indiaimmigrationusa.com or www.indiaimmigrationusa.blogspot.com for more information about other related immigration matters.
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