Immigrant Visa Processing is being done at the National Visa Center (NVC) including scheduling interview at the Consulates
Lal Varghese, Attorney at Law, Dallas
Processing at NVC
Under the new procedures implemented the National Visa Center (NVC) collects immigrant visa fee, affidavit of support fee and application forms (DS 230 Part I and II), Affidavit of Support forms for US Embassies and US Consulates around the world. The NVC is the main office of all U. S Consulates around the world located at Portsmouth, NH in United States. This office processes all immigrant visa applications once the I-130 petitions are approved by the U. S Immigration (USCIS) and forwarded the approved file to NVC. The NVC comes under the Department of State while the USCIS comes under the Department of Homeland Security. Thus both the USCIS and NVC are different agencies under two different departments of the Federal government. Both follow the Immigration and Nationality Act (INA) to adjudicate the cases before them. Both agencies have their own rules mostly similar to adjudicate the cases under the INA. Both agencies are authorized to make their own decisions regarding each petitions like the USCIS has authority whether to approve or not to approve or revoke the petitions approved and NVC has the authority to decided whether a person is eligible for visa or not or to send an approved petition back to USCIS for revocation or for further review. This is done in cases where fraud is involved by the petitioner or the applicants for visas at the consulates based on the information collected through interview and other sources. Hence it is important that filing of I-130 petitions for spouses and other relatives must be accompanied by copies of genuine documents mandated by the rules issued by the government authority. If primary documents like birth certificates, marriage certificates and death certificates are not available, the USCIS may accept secondary documents. If you are not sure what kind of documents are needed with the I-130 petition, you should contact an immigration attorney who has experience of several years of filing similar petitions especially for the applicants of your country.
Submission of Visa Fee and AOS Fee
After receipt of the approved I-130 petitions and at the appropriate time, the NVC will send the Affidavit of Support fee invoice to the petitioner and the Immigrant Visa Processing fee invoice to the applicant or the applicant's designated agent. If an attorney is representing the applicant, the attorney will receive both invoices. Most of the attorneys have chosen to communicate with NVC by e-mail and in such cases the fee bills and all future communications will be e-mailed to the attorney with copy to the petitioner and the applicant. E-mail communications are faster than the mailing the same from NVC, which may take any amount of time from 3-4 weeks. E-mails take less than 24 hours to be sent from NVC to the attorney once it is processed for sending. There are two ways to remit the immigrant visa fee with the NVC. If you need to submit payment, you have two options:
· Online Payment – Most of the attorneys have chosen to remit the fee online directly from your bank account or law firm bank account. This method is faster than remitting the fee by check and mailing the same to NVC fee processing center, which may take about 2-3 weeks to process the same and send us the bar code sheet and information to submit the affidavit of support, DS forms and other supporting documents.
· Alternative Payment Method – This method allows when attorneys or petitioner did not chose e-mail options and the fee bills be received by mail. The fee must be paid by check and mailed to the NVC fee payment processing center. This will delay the processing since it may take about 2-3 weeks to process the fee and send the bar code sheet and information to submit the affidavit of support, DS forms and other supporting documents.
· If you will be applying for your immigrant visa in the United States by adjusting your status with the United States Citizenship and Immigration Services (USCIS), you should contact the National Visa Center before taking further action or making payments. Once you make the request with the NVC, it will hold the approved I-130 until the USCIS requests for the same after you file the adjustment of status application. Hence it is important to contact an immigration attorney to make your choice of consular processing or adjustment of status.
· After you have paid your fees if by online, after 3 days, your attorney or the petitioner may print out the bar code sheet and information sheet. You should carefully follow the detailed instructions in the “Document Collection” instructions.
Submission of Affidavit of Support, DS 230 Part I
If the NVC has requested applicant documents or Affidavit of Support documents, your attorney or the petitioner must submit the affidavit of support by the petitioner, with all supporting documents and DS 230 Part I signed by the applicant for visa. If the petitioner does not have enough income to meet the poverty guidelines, you may need a joint sponsor or a co-sponsor. You may use your household members living in the same house and filed tax returns for previous three years in the same address as yours. If you do not have household members, you may want to use joint sponsors, who may be residing anywhere in the United States. You may not need to use your own family members, but it is always preferred that your use your own close family members, since affidavit of support is a contract between the petitioner/joint sponsor and the alien applicant and the government. Anyone files an affidavit of support must read all the instructions that come with the form to make sure you understand the obligations one is undertaking by signing the affidavit of support. Once you sign the affidavit of support, it is not revocable or terminated. The obligation under the affidavit of support will last until one of the following things happens whichever comes first.
1) The applicant becomes a U. S citizen;
2) The applicant works for 40 qualifying quarter hours (10 years normally);
3) The applicant dies;
4) The applicant departs United States and surrenders permanent resident status.
A divorce between the petitioner or the applicant will not relieve the petitioner or joint sponsor from the affidavit of support obligations. The applicant spouse may claim alimony based on the affidavit of support obligations both from the petitioner and joint sponsor in a divorce proceedings. Hence it is important the petitioner or the joint sponsor or family members who ever sign an affidavit of support seek legal advice before signing the affidavit of support. Also the petitioner must have enough income for the past three years and present income to meet the poverty guidelines evidence by past three years tax returns and a verifiable income like a job. The same applies to a joint sponsor also, since joint sponsor comes in when the petitioner does not have enough income to meet the poverty guidelines.
Submission of Original Documents
Once you submit the affidavit of support, DS 230 Part I with all supporting documents and evidence, NVC will review the same for correctness of the documents and information submitted. If the NVC needs more information or documents, it will send you information asking more information or documents. This will delay the processing at NVC since your case will be put on hold until you submit the correct documents. If the documents submitted meet the requirements, NVC will send by e-mail or regular mail the bar code sheet and list of documents to submit the original documents. It should be remembered that you should not submit original documents unless they were requested by the NVC.
Interview Notice and Preparation
Once the NVC reviews the original documents submitted it will send an e-mail or by regular mail the interview letter. If you have an attorney and he/she has opted for e-mail communications, the interview letter will be send by e-mail to your attorney with copy to the petitioner and the applicant. No interview letter will be sent by mail to the petitioner or applicant from NVC if e-mail communications are opted for. When the NVC notifies the applicant that an interview has been scheduled, the applicant must begin preparing for the interview at the consulate by appearing for the medical and vaccination examination at an approved medical facility and to obtain the report in a sealed envelope. The applicant must take this sealed envelope along with all passports used in the past including the most recent one. The applicant also must take with him/her any additional documents to prove the relationship claimed in the I-130 petition. In most attorney cases, the interview will last only less than 10 minutes and the ten finger prints of the applicant/s will be taken and the most recent passport will be retained by the consulate. The applicant must remit the courier fee with the appropriate VFS office before appearing for the interview. Once the security clearance is obtained the passport will be affixed with the immigrant visa and it will be returned to the applicants in the address provided in the DS 230 Part I form along with the visa packet in a sealed envelope. This sealed envelope must not be opened by the applicant and should be surrendered at the port of entry, which is the first airport where the applicant is landed to the immigration officers along with the passport. In most cases the applicant will receive the green card and also social security (if that option is requested) in the mail within couple of weeks of arrival. The consulates will not send any information or packet under these procedures and all papers works are being handed by the NVC in United States. If your case is very old and already pending at the consulate, you should contact the consulate for further processing of the case, since NVC has already sent the file to the consulate.
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.
Wednesday, December 28, 2011
WHAT IS A VISA AND ITS PURPOSE
Lal Varghese, Attorney at Law, Dallas
There are more than 20 types of nonimmigrant visas available for people traveling to the United States temporarily. There are many more types of immigrant visas for those coming to live permanently in the United States. The type of Visa you need is determined by the purpose of your intended travel. The following illustration will help you how to read the nonimmigrant visa (for travel to the U.S. as a temporary visitor). In addition, as soon as the visa is received, remember to check to make sure information printed on the visa is correct. If any of the information on the visa does not match the information in the passport or is incorrect, please contact the nonimmigrant visa section at the embassy or consulate that issued your visa as soon as possible before the intended date of travel to United States.
Lal Varghese, Attorney at Law, Dallas
There are more than 20 types of nonimmigrant visas available for people traveling to the United States temporarily. There are many more types of immigrant visas for those coming to live permanently in the United States. The type of Visa you need is determined by the purpose of your intended travel. The following illustration will help you how to read the nonimmigrant visa (for travel to the U.S. as a temporary visitor). In addition, as soon as the visa is received, remember to check to make sure information printed on the visa is correct. If any of the information on the visa does not match the information in the passport or is incorrect, please contact the nonimmigrant visa section at the embassy or consulate that issued your visa as soon as possible before the intended date of travel to United States.
A visa does not guarantee entry into the U.S. A visa allows a foreign citizen to travel to the U.S. port-of-entry (airport or land border), and the Department of Homeland Security U.S. Customs and Border Protection (CBP) immigration inspector authorizes or denies admission to the United States. If admission is granted the alien traveler will be issued with a document called I-94, a small while card with the date of arrival, class of entry and date of expiry of period of entry. Those travelers coming from Visa Waiver Program counties (VWP) counties do not need any visa to enter United States for visitor purposes and they will not be issued with I-94 (Green in color) any more. They can stay in United States only for 90 days from the date of entry. They are not allowed to apply for change of status or extension of stay and also adjustment of status with some limited exceptions including immediate relatives of U. S citizens. But they should prove that they did not have any preconceived intent to apply for adjustment of status and there are certain presumptions about their intention if they apply for adjustment of status immediately after the entry. This is known as 30/60 days rule as mentioned in the Foreign Affairs Manual of the Department of State. USCIS usually uses this DOS rule in the case of adjustment of status cases, since it is purely a discretionary relief vested with he Attorney General under the immigration laws.
If you have a nonimmigrant visa that will expire soon and you are not allowed to renew the visa in United States, since the U. S consulates situated outside United States issue the visas. In order to renew the visa, you will have to go through the whole visa application process each time you want to apply for a visa, even if your visa is still valid. There are some situations where a visa applicant may not need to be interviewed when renewing his/her visa. If you have questions regarding visas and its validity and issuance of visas etc., you must contact the Department of State, U.S. Embassy or Consulate abroad with questions about U.S. visas, including application, the status of visa processing, and for inquiries relating to visa denial etc. Once in the United States, the traveler falls under the jurisdiction of Department of Homeland Security. The Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) is responsible for the approval of all petitions, the authorization of permission to work in the U.S., the issuance of extensions of stay, and change or adjustment of an applicant's status while the applicant is in the U.S. See Other Government Information below to learn more.
Visas are issued for a limited period of time like 1 year, five years and 10 years with multiple entry provisions. In the case of visas issued for months, it may be usually issued for single entry only. A visa must be valid at the time a traveler seeks admission to the U.S., but the expiration date of the visa (validity period/length of time the visa can be used) has no relation to the length of time a temporary visitor may be authorized by the Department of Homeland Security to remain in the United States. Persons holding visas valid for multiple entries may make repeated trips to the U.S., for travel for the same purpose, as long as the visa has not expired, and the traveler has done nothing to become ineligible to enter the U.S., at port of entry. But it should be remembered that if you are a visitor and stayed in United States for 6 months and then left to your home country and immediately returns to United States, the CBP officers at the port of entry may not permit you to enter this time. It is always advisable to remain in your home country for extended period of time like 6 months or above before making another attempt to enter United States on a visitor visa.
If your old passport has already expired and your visa to travel to the United States is still valid, you do not need to apply for a new visa with your new passport. If your visa is still valid you can travel to the United States with your two passports, as long as the visa is valid, not damaged, and is the appropriate type of visa required for your principal purpose of travel. (Example: tourist visa, when your principal purpose of travel is tourism). Both passports (the valid and the expired one with the visa) should be from the same country and type (Example: both Uruguayan regular passports, both official passports, etc.). When you arrive at the United States port of entry (POE) the Customs and Border Protection Immigration Officer will check your visa in the old passport and if s/he decides to admit you into the United States they will stamp your new passport with an admission stamp along with the annotation "VIOPP" (visa in other passport). Do not try to remove the visa from your old passport and stick it into the new valid passport. If you do so, your visa will no longer be valid.
A visa does not guarantee entry into the United States, but allows a foreign citizen coming from abroad, to travel to the United States port-of entry and request permission to enter the U.S. The Department of Homeland Security, U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the United States, and determine how long a traveler may stay. At the port of entry, upon granting entry to the U.S., the Department of Homeland Security, US immigration inspector, provides you a small white card, Form I-94, Arrival-Departure Record in your passport. Visa Waiver Program travelers receive Form 1-94W. On this form, the U.S. immigration inspector records either a date or "D/S" (duration of status). If your I-94 contains a specific date, then that is the date by which you must leave the United States. Your Form I-94, or I-94W is a very important document to keep in your passport, since it shows your permission to be in the U.S. Review information about Admission on the CBP Website. Also, see Duration of Stay.
Disclaimer: Lal Varghese, Attorney at Law, with more than 25 years of experience, mainly practices in U. S. immigration law and is located in Dallas, Texas. He 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 legal sources. For individual cases and specific questions you are advised to consult an attorney of your choice in your State of residence or contact your State Bar Organizations or local Bar Associations for finding an attorney or for any legal help. You can visit our website at: www.indiaimmigrationusa.com or www.indiaimmigrationusa.blogspot.com for information about U. S. immigration law related matters. Lal Varghese, Attorney at Law can be reached at (972) 788-0777 or at his e-mail: attylal@aol.com if you have any questions.
Saturday, October 15, 2011
Implementing an Effective Immigration Enforcement Strategy
Lal Varghese, Attorney at Law, Dallas
WHAT IS A VISA AND ITS PURPOSE
Lal Varghese, Attorney at Law, Dallas
There are more than 20 types of nonimmigrant visas available for people traveling to the United States temporarily. There are many more types of immigrant visas for those coming to live permanently in the United States. The type of Visa you need is determined by the purpose of your intended travel. The following illustration will help you how to read the nonimmigrant visa (for travel to the U.S. as a temporary visitor). In addition, as soon as the visa is received, remember to check to make sure information printed on the visa is correct. If any of the information on the visa does not match the information in the passport or is incorrect, please contact the nonimmigrant visa section at the embassy or consulate that issued your visa as soon as possible before the intended date of travel to United States.
A visa does not guarantee entry into the U.S. A visa allows a foreign citizen to travel to the U.S. port-of-entry (airport or land border), and the Department of Homeland Security U.S. Customs and Border Protection (CBP) immigration inspector authorizes or denies admission to the United States. If admission is granted the alien traveler will be issued with a document called I-94, a small while card with the date of arrival, class of entry and date of expiry of period of entry. Those travelers coming from Visa Waiver Program counties (VWP) counties do not need any visa to enter United States for visitor purposes and they will not be issued with I-94 (Green in color) any more. They can stay in United States only for 90 days from the date of entry. They are not allowed to apply for change of status or extension of stay and also adjustment of status with some limited exceptions including immediate relatives of U. S citizens. But they should prove that they did not have any preconceived intent to apply for adjustment of status and there are certain presumptions about their intention if they apply for adjustment of status immediately after the entry. This is known as 30/60 days rule as mentioned in the Foreign Affairs Manual of the Department of State. USCIS usually uses this DOS rule in the case of adjustment of status cases, since it is purely a discretionary relief vested with he Attorney General under the immigration laws.
If you have a nonimmigrant visa that will expire soon and you are not allowed to renew the visa in United States, since the U. S consulates situated outside United States issue the visas. In order to renew the visa, you will have to go through the whole visa application process each time you want to apply for a visa, even if your visa is still valid. There are some situations where a visa applicant may not need to be interviewed when renewing his/her visa. If you have questions regarding visas and its validity and issuance of visas etc., you must contact the Department of State, U.S. Embassy or Consulate abroad with questions about U.S. visas, including application, the status of visa processing, and for inquiries relating to visa denial etc. Once in the United States, the traveler falls under the jurisdiction of Department of Homeland Security. The Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) is responsible for the approval of all petitions, the authorization of permission to work in the U.S., the issuance of extensions of stay, and change or adjustment of an applicant's status while the applicant is in the U.S. See Other Government Information below to learn more.
Visas are issued for a limited period of time like 1 year, five years and 10 years with multiple entry provisions. In the case of visas issued for months, it may be usually issued for single entry only. A visa must be valid at the time a traveler seeks admission to the U.S., but the expiration date of the visa (validity period/length of time the visa can be used) has no relation to the length of time a temporary visitor may be authorized by the Department of Homeland Security to remain in the United States. Persons holding visas valid for multiple entries may make repeated trips to the U.S., for travel for the same purpose, as long as the visa has not expired, and the traveler has done nothing to become ineligible to enter the U.S., at port of entry. But it should be remembered that if you are a visitor and stayed in United States for 6 months and then left to your home country and immediately returns to United States, the CBP officers at the port of entry may not permit you to enter this time. It is always advisable to remain in your home country for extended period of time like 6 months or above before making another attempt to enter United States on a visitor visa.
If your old passport has already expired and your visa to travel to the United States is still valid, you do not need to apply for a new visa with your new passport. If your visa is still valid you can travel to the United States with your two passports, as long as the visa is valid, not damaged, and is the appropriate type of visa required for your principal purpose of travel. (Example: tourist visa, when your principal purpose of travel is tourism). Both passports (the valid and the expired one with the visa) should be from the same country and type (Example: both Uruguayan regular passports, both official passports, etc.). When you arrive at the United States port of entry (POE) the Customs and Border Protection Immigration Officer will check your visa in the old passport and if s/he decides to admit you into the United States they will stamp your new passport with an admission stamp along with the annotation "VIOPP" (visa in other passport). Do not try to remove the visa from your old passport and stick it into the new valid passport. If you do so, your visa will no longer be valid.
A visa does not guarantee entry into the United States, but allows a foreign citizen coming from abroad, to travel to the United States port-of entry and request permission to enter the U.S. The Department of Homeland Security, U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the United States, and determine how long a traveler may stay. At the port of entry, upon granting entry to the U.S., the Department of Homeland Security, US immigration inspector, provides you a small white card, Form I-94, Arrival-Departure Record in your passport. Visa Waiver Program travelers receive Form 1-94W. On this form, the U.S. immigration inspector records either a date or "D/S" (duration of status). If your I-94 contains a specific date, then that is the date by which you must leave the United States. Your Form I-94, or I-94W is a very important document to keep in your passport, since it shows your permission to be in the U.S. Review information about Admission on the CBP Website. Also, see Duration of Stay.
Disclaimer: Lal Varghese, Attorney at Law, with more than 25 years of experience, mainly practices in U. S. immigration law and is located in Dallas, Texas. He 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 legal sources. For individual cases and specific questions you are advised to consult an attorney of your choice in your State of residence or contact your State Bar Organizations or local Bar Associations for finding an attorney or for any legal help. You can visit our website at: www.indiaimmigrationusa.com or www.indiaimmigrationusa.blogspot.com for information about U. S. immigration law related matters. Lal Varghese, Attorney at Law can be reached at (972) 788-0777 or at his e-mail: attylal@aol.com if you have any questions.
Wednesday, October 5, 2011
Victims of Criminal Activity: U Visas for Nonimmigrant Status
Lal Varghese, Attorney at Law, Dallas
Individuals and their families may fall victim to many types of crime in the U.S. These crimes include: rape, murder, manslaughter, domestic violence, sexual assault, human trafficking and many others. The U. S. Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in October 2000. Even though the law was enacted about 10 years, so many victims of criminal activity is aware of this law. The purpose of this article is to introduce the victims of criminal activity to the provisions of this ten year old law. The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of aliens and other crimes, while also protecting victims of crimes who have suffered substantial mental or physical abuse due to the crime and are willing to help law enforcement authorities in the investigation or prosecution of the criminal activity. The legislation also helps law enforcement agencies to better serve victims of crimes.
You may be eligible for a U nonimmigrant visa if:
• You are the victim of qualifying criminal activity.
• You have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity.
• You have information about the criminal activity. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may possess the information about the crime on your behalf.
• You were helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may assist law enforcement on your behalf.
• The crime occurred in the United States or violated U.S. laws.
• You are admissible to the United States. If you are not admissible, you may apply for a waiver from such inadmissibility.
The qualifying criminal activities include the following: Abduction, abusive sexual content, blackmail, domestic violence, extortion, false imprisonment, female genital mutilation, felonious assault, hostage, incest, involuntary servitude, kidnapping, manslaughter, murder, obstruction of justice, peonage, perjury, prostitution, rape, sexual assault, sexual exploitation, slave trade, torture, trafficking, witness tampering, unlawful criminal restraint and other related crimes. In order to receive the U Non Immigrant Visa status, the victim of crime must file a petition for a U nonimmigrant status must submit the forms prescribed in this behalf. Your petition must supported by a Non Immigrant Status Certificate by a law enforcement official confirms that you were or will likely be helpful in the prosecution of the case. In addition to the above, you must submit a personal statement describing the criminal activity of which you were a victim, and also evidence to establish each eligibility requirement.
Certain qualifying family members are eligible for a derivative U visa. If the victim is under 21 years of age, you may petition on behalf of your spouse, children, parents and unmarried siblings under the age of 18 years. If you are 21 years of age or older, you may apply only on behalf of your spouse and children. To petition for a qualified family member, you must file a Petition for Immediate Family Member of U-1 Recipient, at the same time as your application or at a later time. The U visa will not give you permanent resident status for which you must apply for permanent residency (a green card) for yourself or a qualifying family member by following the provisions defined in that behalf.
There is no fee for applying for U visa since the program involves the well being of petitioners and USCIS' decision to waive the petition fee reflects the humanitarian purposes of the law. Petitioners for a U nonimmigrant status are entitled to request a fee waiver of any form associated with the filing for the U nonimmigrant status. The certifying agencies include Federal, State or local law enforcement agencies, prosecutors, judges or other authority that investigates or prosecutes criminal activity. Other agencies such as child protective services, the Equal Employment Opportunity Commission, and the Department of Labor also qualify as certifying agencies since they have criminal investigative jurisdiction within their respective areas of expertise.
Once your petition is approved the U nonimmigrant status will be valid for four years. However, extensions are available upon certification by a certifying agency that the foreign national's presence in the United States is required to assist in the investigation or prosecution of the qualifying criminal activity. USCIS has determined that the legal framework for U nonimmigrant status permits foreign national victims of criminal activity to petition for such status either inside or outside the United States. USCIS may grant no more than 10,000 U-1 nonimmigrant visas in any given fiscal year (October 1 through September 30). This does not apply to derivative family members such as spouses, children or other qualifying family members who are accompanying or following to join the principal foreign national victim. If the cap is reached in any fiscal year before all petitions are adjudicated, USCIS will create a waiting list that will provide a mechanism by which victims cooperating with law enforcement agencies can stabilize their immigration status. Further, U nonimmigrant visa petitioners assigned to the waiting list will be given deferred action or parole while they are on the waiting list. This means they will be eligible to apply for employment authorization or travel until their petitions can be adjudicated after the start of the following fiscal year. Family members who accompany the petitioner can, under certain circumstances obtain a U nonimmigrant derivative visa.
The individual must have been physically present in the United for a continuous period of at least three years since the date of admission as a U nonimmigrant, the individual must not have unreasonably refused to provide assistance to law enforcement since receiving a U nonimmigrant visa, the certifying agency must determine that the individual's continued presence in the country is justified on humanitarian grounds to ensure continuation of a cohesive family, or is otherwise in the national or public interest. There are two ways family members of a U nonimmigrant visa holder can apply for a green card. First, family members who hold a derivative U nonimmigrant visa themselves may be eligible for a green card. Second, certain family members who have never held a derivative U nonimmigrant visa may be eligible for a green card.
The law allows USCIS to extend these benefits to spouses, children, and parents based upon their relationship to the principal U ("U-1") nonimmigrant if:
• The qualifying family member was never admitted to the United States in U nonimmigrant status, and
• It is established that either the family member or the U-1 principal applicant would suffer extreme hardship if the qualifying family member is not allowed to remain in or be admitted to the United States.
Family members with derivative U nonimmigrant visas may apply for green cards if the U-1 has met the eligibility requirements for permanent residence and the U-1’s application for adjustment of status was approved, is currently pending, or is filed at the same time. To apply for a green card, qualifying family members with a derivative U nonimmigrant status must file a Form I-485, Application to Register Permanent Residence or Adjust Status.
To apply for permanent residence for family members who have never held a derivative U nonimmigrant visa, the U-1 status holder must file an immigrant petition for qualifying family member of a U-1 nonimmigrant, concurrently or subsequent to filing their application for adjustment of status in United States. If the petition is approved, qualifying family members in the United States may file application for adjustment of status if they are in United States. If they are not in United States, they should apply for immigrant visas at the U.S. embassy or consulate of their country to obtain their immigrant visas.
It should be remembered that the crime must have occurred while the victim is in United States. If the crime has occurred while the victim was outside United States, such crimes must have violated the U. S laws. In order to apply for U visa, the victim need not be present in United States. But the petition must be filed with the USCIS in United States. If you believe that you are victim of crime, you must contact an experienced immigration attorney, who is a member of the American Immigration Lawyers’ Association for reviewing the case and for representing you before the USCIS.
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
Individuals and their families may fall victim to many types of crime in the U.S. These crimes include: rape, murder, manslaughter, domestic violence, sexual assault, human trafficking and many others. The U. S. Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in October 2000. Even though the law was enacted about 10 years, so many victims of criminal activity is aware of this law. The purpose of this article is to introduce the victims of criminal activity to the provisions of this ten year old law. The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of aliens and other crimes, while also protecting victims of crimes who have suffered substantial mental or physical abuse due to the crime and are willing to help law enforcement authorities in the investigation or prosecution of the criminal activity. The legislation also helps law enforcement agencies to better serve victims of crimes.
You may be eligible for a U nonimmigrant visa if:
• You are the victim of qualifying criminal activity.
• You have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity.
• You have information about the criminal activity. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may possess the information about the crime on your behalf.
• You were helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may assist law enforcement on your behalf.
• The crime occurred in the United States or violated U.S. laws.
• You are admissible to the United States. If you are not admissible, you may apply for a waiver from such inadmissibility.
The qualifying criminal activities include the following: Abduction, abusive sexual content, blackmail, domestic violence, extortion, false imprisonment, female genital mutilation, felonious assault, hostage, incest, involuntary servitude, kidnapping, manslaughter, murder, obstruction of justice, peonage, perjury, prostitution, rape, sexual assault, sexual exploitation, slave trade, torture, trafficking, witness tampering, unlawful criminal restraint and other related crimes. In order to receive the U Non Immigrant Visa status, the victim of crime must file a petition for a U nonimmigrant status must submit the forms prescribed in this behalf. Your petition must supported by a Non Immigrant Status Certificate by a law enforcement official confirms that you were or will likely be helpful in the prosecution of the case. In addition to the above, you must submit a personal statement describing the criminal activity of which you were a victim, and also evidence to establish each eligibility requirement.
Certain qualifying family members are eligible for a derivative U visa. If the victim is under 21 years of age, you may petition on behalf of your spouse, children, parents and unmarried siblings under the age of 18 years. If you are 21 years of age or older, you may apply only on behalf of your spouse and children. To petition for a qualified family member, you must file a Petition for Immediate Family Member of U-1 Recipient, at the same time as your application or at a later time. The U visa will not give you permanent resident status for which you must apply for permanent residency (a green card) for yourself or a qualifying family member by following the provisions defined in that behalf.
There is no fee for applying for U visa since the program involves the well being of petitioners and USCIS' decision to waive the petition fee reflects the humanitarian purposes of the law. Petitioners for a U nonimmigrant status are entitled to request a fee waiver of any form associated with the filing for the U nonimmigrant status. The certifying agencies include Federal, State or local law enforcement agencies, prosecutors, judges or other authority that investigates or prosecutes criminal activity. Other agencies such as child protective services, the Equal Employment Opportunity Commission, and the Department of Labor also qualify as certifying agencies since they have criminal investigative jurisdiction within their respective areas of expertise.
Once your petition is approved the U nonimmigrant status will be valid for four years. However, extensions are available upon certification by a certifying agency that the foreign national's presence in the United States is required to assist in the investigation or prosecution of the qualifying criminal activity. USCIS has determined that the legal framework for U nonimmigrant status permits foreign national victims of criminal activity to petition for such status either inside or outside the United States. USCIS may grant no more than 10,000 U-1 nonimmigrant visas in any given fiscal year (October 1 through September 30). This does not apply to derivative family members such as spouses, children or other qualifying family members who are accompanying or following to join the principal foreign national victim. If the cap is reached in any fiscal year before all petitions are adjudicated, USCIS will create a waiting list that will provide a mechanism by which victims cooperating with law enforcement agencies can stabilize their immigration status. Further, U nonimmigrant visa petitioners assigned to the waiting list will be given deferred action or parole while they are on the waiting list. This means they will be eligible to apply for employment authorization or travel until their petitions can be adjudicated after the start of the following fiscal year. Family members who accompany the petitioner can, under certain circumstances obtain a U nonimmigrant derivative visa.
The individual must have been physically present in the United for a continuous period of at least three years since the date of admission as a U nonimmigrant, the individual must not have unreasonably refused to provide assistance to law enforcement since receiving a U nonimmigrant visa, the certifying agency must determine that the individual's continued presence in the country is justified on humanitarian grounds to ensure continuation of a cohesive family, or is otherwise in the national or public interest. There are two ways family members of a U nonimmigrant visa holder can apply for a green card. First, family members who hold a derivative U nonimmigrant visa themselves may be eligible for a green card. Second, certain family members who have never held a derivative U nonimmigrant visa may be eligible for a green card.
The law allows USCIS to extend these benefits to spouses, children, and parents based upon their relationship to the principal U ("U-1") nonimmigrant if:
• The qualifying family member was never admitted to the United States in U nonimmigrant status, and
• It is established that either the family member or the U-1 principal applicant would suffer extreme hardship if the qualifying family member is not allowed to remain in or be admitted to the United States.
Family members with derivative U nonimmigrant visas may apply for green cards if the U-1 has met the eligibility requirements for permanent residence and the U-1’s application for adjustment of status was approved, is currently pending, or is filed at the same time. To apply for a green card, qualifying family members with a derivative U nonimmigrant status must file a Form I-485, Application to Register Permanent Residence or Adjust Status.
To apply for permanent residence for family members who have never held a derivative U nonimmigrant visa, the U-1 status holder must file an immigrant petition for qualifying family member of a U-1 nonimmigrant, concurrently or subsequent to filing their application for adjustment of status in United States. If the petition is approved, qualifying family members in the United States may file application for adjustment of status if they are in United States. If they are not in United States, they should apply for immigrant visas at the U.S. embassy or consulate of their country to obtain their immigrant visas.
It should be remembered that the crime must have occurred while the victim is in United States. If the crime has occurred while the victim was outside United States, such crimes must have violated the U. S laws. In order to apply for U visa, the victim need not be present in United States. But the petition must be filed with the USCIS in United States. If you believe that you are victim of crime, you must contact an experienced immigration attorney, who is a member of the American Immigration Lawyers’ Association for reviewing the case and for representing you before the USCIS.
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.
Diversity Visa (DV) Lottery Program 2013
Lal Varghese, Attorney at Law, Dallas
DV 2013 Program
The online registration period for the 2013 Diversity Visa Program (DV-2013) will begin on Tuesday, October 4, 2011, at noon, Eastern Daylight Time (EDT) (GMT-4), and conclude on Saturday, November 5, 2011, at noon, Eastern Daylight Time (EDT) (GMT-4). The Department of State, Office of Visa Services, advises the public of a notable increase in fraudulent emails and letters sent to Diversity Immigrant Visa (DV) program (Visa Lottery) applicants. The scammers behind these fraudulent emails and letters are posing as the U.S. government agencies in an attempt to extract payment from DV applicants. Please remember that there is no charge or fee for applying for this program, but if selected such persons have to remit the visa fee. Citizens of India, Pakistan and Bangle Desh are excluded from this program, since the immigrants from these countries are oversubscribed.
Overview
The congressionally mandated Diversity Immigrant Visa Program makes available up to 55,000 diversity visas (DVs) annually, drawn from random selection among all entries to persons who meet strict eligibility requirements from countries with low rates of immigration to the United States. The registration for citizens from eligible countries is made online through Department of Justice web site. There is no fee to be paid, no form to be filled out and there is no need to pay anyone for online registration.
Fraud Warning
Fraudulent websites are posing as official U.S. government sites and asking people from all countries to send them money by wire transfer to enroll in the DV visa lottery program. Some companies posing as the U.S. government have sought money in order to "complete" DV entry forms. There is no charge to download and complete the Electronic Diversity Visa Entry Form. The Department of State does NOT notify successful DV applicants by letter or email also. Entrants can check the status of their entries, as explained below, by returning to the website at http://www.dvlottery.state.gov to find out if their entry was or was not selected. It is usual that during the time of registration people all over the world receive e-mails from fraudulent web sites requiring money to register for DV lottery. If your friends or relatives have received these kinds of e-mails, please advice not to respond to such e-mails. If you have received these kinds of e-mails please contact the appropriate law enforcement agencies to alert them about the fraud.
Entry Status Check
Thos who have submitted application for DV 2012 Program may check the status of their applications from July 15, 2011, through June 30, 2012. Entry Status Check will be the ONLY means of informing you if your entry DV-2012 was selected or not or in DV 2013. All entrants, including those NOT selected, may check the status of their entries through the Entry Status Check on the E-DV website www.dvlottery.state.gov. Entrants will need to use the information from their DV-2012 confirmation pages saved at the time of entry. The DV-2012 registration period was from October 5, 2010, until November 3, 2010. If you have lost your confirmation information, you will not be able to check your DV entry status. We will not be able to resend the confirmation page information to you.
Lottery Selectee Notification and Next Steps
Selectees for the DV-2011 lottery were notified by mail between May and July of 2010. For successful DV 2011 entrants, the diversity immigrant visa application process is underway, which must be completed and visas issued by September 30, 2011. If you fail to apply for visa on or before Sep. 30, 2011, your eligibility for lottery visa under DV 2011 is lost and no longer eligible to apply for the visa. The DV 2012 Program entrants need to review the information about their selection on the DOS web site, which is the ONLY means by which DV lottery winners/selectees will be notified of their selection for DV-2012. Additionally, Entry Status Check will provide successful selectees instructions on how to proceed with their application, and also notify you of the date and time of your immigrant visa appointment. The Kentucky Consular Center no longer mails notification letters and does not use email to notify DV entrants of their selection in the DV lottery. Review the DV Lottery 2012 Instructions "Selection of Applicants" section, which provides information about the DV process.
For All Successful DV Entrants, who have been selected for further processing in the Diversity Visa program, after you receive instructions, you will need to demonstrate you are eligible for a diversity immigrant visa by successfully completing the next steps. When requested to do so by the Kentucky Consular Center, you will need to complete the immigrant visa application, submit required documents and forms, pay required fees, complete a medical examination, and be interviewed by a consular officer at the U.S. embassy or consulate to demonstrate you qualify for a diversity visa. Please note that the Kentucky Consular Center will provide application information either by mail (for DV-2011 selectees) or online through the Entry Status Check on the E-DV website www.dvlottery.state.gov (for DV-2012 selectees).
Qualifying Occupations
Successful DV entrants must be eligible to receive a visa by qualifying based on education, work, and other requirements. The law and regulations require that every DV entrant must have at least:
• A high school education or its equivalent; or
• Two years of work experience within the past five years in an occupation requiring at least two years' training or experience.
To learn more about qualifying occupations, see the Diversity Visa Instructions Frequently Asked Questions and the List of Occupations webpage.
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
DV 2013 Program
The online registration period for the 2013 Diversity Visa Program (DV-2013) will begin on Tuesday, October 4, 2011, at noon, Eastern Daylight Time (EDT) (GMT-4), and conclude on Saturday, November 5, 2011, at noon, Eastern Daylight Time (EDT) (GMT-4). The Department of State, Office of Visa Services, advises the public of a notable increase in fraudulent emails and letters sent to Diversity Immigrant Visa (DV) program (Visa Lottery) applicants. The scammers behind these fraudulent emails and letters are posing as the U.S. government agencies in an attempt to extract payment from DV applicants. Please remember that there is no charge or fee for applying for this program, but if selected such persons have to remit the visa fee. Citizens of India, Pakistan and Bangle Desh are excluded from this program, since the immigrants from these countries are oversubscribed.
Overview
The congressionally mandated Diversity Immigrant Visa Program makes available up to 55,000 diversity visas (DVs) annually, drawn from random selection among all entries to persons who meet strict eligibility requirements from countries with low rates of immigration to the United States. The registration for citizens from eligible countries is made online through Department of Justice web site. There is no fee to be paid, no form to be filled out and there is no need to pay anyone for online registration.
Fraud Warning
Fraudulent websites are posing as official U.S. government sites and asking people from all countries to send them money by wire transfer to enroll in the DV visa lottery program. Some companies posing as the U.S. government have sought money in order to "complete" DV entry forms. There is no charge to download and complete the Electronic Diversity Visa Entry Form. The Department of State does NOT notify successful DV applicants by letter or email also. Entrants can check the status of their entries, as explained below, by returning to the website at http://www.dvlottery.state.gov to find out if their entry was or was not selected. It is usual that during the time of registration people all over the world receive e-mails from fraudulent web sites requiring money to register for DV lottery. If your friends or relatives have received these kinds of e-mails, please advice not to respond to such e-mails. If you have received these kinds of e-mails please contact the appropriate law enforcement agencies to alert them about the fraud.
Entry Status Check
Thos who have submitted application for DV 2012 Program may check the status of their applications from July 15, 2011, through June 30, 2012. Entry Status Check will be the ONLY means of informing you if your entry DV-2012 was selected or not or in DV 2013. All entrants, including those NOT selected, may check the status of their entries through the Entry Status Check on the E-DV website www.dvlottery.state.gov. Entrants will need to use the information from their DV-2012 confirmation pages saved at the time of entry. The DV-2012 registration period was from October 5, 2010, until November 3, 2010. If you have lost your confirmation information, you will not be able to check your DV entry status. We will not be able to resend the confirmation page information to you.
Lottery Selectee Notification and Next Steps
Selectees for the DV-2011 lottery were notified by mail between May and July of 2010. For successful DV 2011 entrants, the diversity immigrant visa application process is underway, which must be completed and visas issued by September 30, 2011. If you fail to apply for visa on or before Sep. 30, 2011, your eligibility for lottery visa under DV 2011 is lost and no longer eligible to apply for the visa. The DV 2012 Program entrants need to review the information about their selection on the DOS web site, which is the ONLY means by which DV lottery winners/selectees will be notified of their selection for DV-2012. Additionally, Entry Status Check will provide successful selectees instructions on how to proceed with their application, and also notify you of the date and time of your immigrant visa appointment. The Kentucky Consular Center no longer mails notification letters and does not use email to notify DV entrants of their selection in the DV lottery. Review the DV Lottery 2012 Instructions "Selection of Applicants" section, which provides information about the DV process.
For All Successful DV Entrants, who have been selected for further processing in the Diversity Visa program, after you receive instructions, you will need to demonstrate you are eligible for a diversity immigrant visa by successfully completing the next steps. When requested to do so by the Kentucky Consular Center, you will need to complete the immigrant visa application, submit required documents and forms, pay required fees, complete a medical examination, and be interviewed by a consular officer at the U.S. embassy or consulate to demonstrate you qualify for a diversity visa. Please note that the Kentucky Consular Center will provide application information either by mail (for DV-2011 selectees) or online through the Entry Status Check on the E-DV website www.dvlottery.state.gov (for DV-2012 selectees).
Qualifying Occupations
Successful DV entrants must be eligible to receive a visa by qualifying based on education, work, and other requirements. The law and regulations require that every DV entrant must have at least:
• A high school education or its equivalent; or
• Two years of work experience within the past five years in an occupation requiring at least two years' training or experience.
To learn more about qualifying occupations, see the Diversity Visa Instructions Frequently Asked Questions and the List of Occupations webpage.
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.
Immigrant Visa Processing is being done at the National Visa Center (NVC) including scheduling interview at the Consulates
Lal Varghese, Attorney at Law, Dallas
Processing at NVC
Under the new procedures implemented the National Visa Center (NVC) collects immigrant visa fee, affidavit of support fee and application forms (DS 230 Part I and II), Affidavit of Support forms for US Embassies and US Consulates around the world. The NVC is the main office of all U. S Consulates around the world located at Portsmouth, NH in United States. This office processes all immigrant visa applications once the I-130 petitions are approved by the U. S Immigration (USCIS) and forwarded the approved file to NVC. The NVC comes under the Department of State while the USCIS comes under the Department of Homeland Security. Thus both the USCIS and NVC are different agencies under two different departments of the Federal government. Both follow the Immigration and Nationality Act (INA) to adjudicate the cases before them. Both agencies have their own rules mostly similar to adjudicate the cases under the INA. Both agencies are authorized to make their own decisions regarding each petitions like the USCIS has authority whether to approve or not to approve or revoke the petitions approved and NVC has the authority to decided whether a person is eligible for visa or not or to send an approved petition back to USCIS for revocation or for further review. This is done in cases where fraud is involved by the petitioner or the applicants for visas at the consulates based on the information collected through interview and other sources. Hence it is important that filing of I-130 petitions for spouses and other relatives must be accompanied by copies of genuine documents mandated by the rules issued by the government authority. If primary documents like birth certificates, marriage certificates and death certificates are not available, the USCIS may accept secondary documents. If you are not sure what kind of documents are needed with the I-130 petition, you should contact an immigration attorney who has experience of several years of filing similar petitions especially for the applicants of your country.
Submission of Visa Fee and AOS Fee
After receipt of the approved I-130 petitions and at the appropriate time, the NVC will send the Affidavit of Support fee invoice to the petitioner and the Immigrant Visa Processing fee invoice to the applicant or the applicant's designated agent. If an attorney is representing the applicant, the attorney will receive both invoices. Most of the attorneys have chosen to communicate with NVC by e-mail and in such cases the fee bills and all future communications will be e-mailed to the attorney with copy to the petitioner and the applicant. E-mail communications are faster than the mailing the same from NVC, which may take any amount of time from 3-4 weeks. E-mails take less than 24 hours to be sent from NVC to the attorney once it is processed for sending. There are two ways to remit the immigrant visa fee with the NVC. If you need to submit payment, you have two options:
• Online Payment – Most of the attorneys have chosen to remit the fee online directly from your bank account or law firm bank account. This method is faster than remitting the fee by check and mailing the same to NVC fee processing center, which may take about 2-3 weeks to process the same and send us the bar code sheet and information to submit the affidavit of support, DS forms and other supporting documents.
• Alternative Payment Method – This method allows when attorneys or petitioner did not chose e-mail options and the fee bills be received by mail. The fee must be paid by check and mailed to the NVC fee payment processing center. This will delay the processing since it may take about 2-3 weeks to process the fee and send the bar code sheet and information to submit the affidavit of support, DS forms and other supporting documents.
• If you will be applying for your immigrant visa in the United States by adjusting your status with the United States Citizenship and Immigration Services (USCIS), you should contact the National Visa Center before taking further action or making payments. Once you make the request with the NVC, it will hold the approved I-130 until the USCIS requests for the same after you file the adjustment of status application. Hence it is important to contact an immigration attorney to make your choice of consular processing or adjustment of status.
• After you have paid your fees if by online, after 3 days, your attorney or the petitioner may print out the bar code sheet and information sheet. You should carefully follow the detailed instructions in the “Document Collection” instructions.
Submission of Affidavit of Support, DS 230 Part I
If the NVC has requested applicant documents or Affidavit of Support documents, your attorney or the petitioner must submit the affidavit of support by the petitioner, with all supporting documents and DS 230 Part I signed by the applicant for visa. If the petitioner does not have enough income to meet the poverty guidelines, you may need a joint sponsor or a co-sponsor. You may use your household members living in the same house and filed tax returns for previous three years in the same address as yours. If you do not have household members, you may want to use joint sponsors, who may be residing anywhere in the United States. You may not need to use your own family members, but it is always preferred that your use your own close family members, since affidavit of support is a contract between the petitioner/joint sponsor and the alien applicant and the government. Anyone files an affidavit of support must read all the instructions that come with the form to make sure you understand the obligations one is undertaking by signing the affidavit of support. Once you sign the affidavit of support, it is not revocable or terminated. The obligation under the affidavit of support will last until one of the following things happens whichever comes first.
1) The applicant becomes a U. S citizen;
2) The applicant works for 40 qualifying quarter hours (10 years normally);
3) The applicant dies;
4) The applicant departs United States and surrenders permanent resident status.
A divorce between the petitioner or the applicant will not relieve the petitioner or joint sponsor from the affidavit of support obligations. The applicant spouse may claim alimony based on the affidavit of support obligations both from the petitioner and joint sponsor in a divorce proceedings. Hence it is important the petitioner or the joint sponsor or family members who ever sign an affidavit of support seek legal advice before signing the affidavit of support. Also the petitioner must have enough income for the past three years and present income to meet the poverty guidelines evidence by past three years tax returns and a verifiable income like a job. The same applies to a joint sponsor also, since joint sponsor comes in when the petitioner does not have enough income to meet the poverty guidelines.
Submission of Original Documents
Once you submit the affidavit of support, DS 230 Part I with all supporting documents and evidence, NVC will review the same for correctness of the documents and information submitted. If the NVC needs more information or documents, it will send you information asking more information or documents. This will delay the processing at NVC since your case will be put on hold until you submit the correct documents. If the documents submitted meet the requirements, NVC will send by e-mail or regular mail the bar code sheet and list of documents to submit the original documents. It should be remembered that you should not submit original documents unless they were requested by the NVC.
Interview Notice and Preparation
Once the NVC reviews the original documents submitted it will send an e-mail or by regular mail the interview letter. If you have an attorney and he/she has opted for e-mail communications, the interview letter will be send by e-mail to your attorney with copy to the petitioner and the applicant. No interview letter will be sent by mail to the petitioner or applicant from NVC if e-mail communications are opted for. When the NVC notifies the applicant that an interview has been scheduled, the applicant must begin preparing for the interview at the consulate by appearing for the medical and vaccination examination at an approved medical facility and to obtain the report in a sealed envelope. The applicant must take this sealed envelope along with all passports used in the past including the most recent one. The applicant also must take with him/her any additional documents to prove the relationship claimed in the I-130 petition. In most attorney cases, the interview will last only less than 10 minutes and the ten finger prints of the applicant/s will be taken and the most recent passport will be retained by the consulate. The applicant must remit the courier fee with the appropriate VFS office before appearing for the interview. Once the security clearance is obtained the passport will be affixed with the immigrant visa and it will be returned to the applicants in the address provided in the DS 230 Part I form along with the visa packet in a sealed envelope. This sealed envelope must not be opened by the applicant and should be surrendered at the port of entry, which is the first airport where the applicant is landed to the immigration officers along with the passport. In most cases the applicant will receive the green card and also social security (if that option is requested) in the mail within couple of weeks of arrival. The consulates will not send any information or packet under these procedures and all papers works are being handed by the NVC in United States. If your case is very old and already pending at the consulate, you should contact the consulate for further processing of the case, since NVC has already sent the file to the consulate.
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
Processing at NVC
Under the new procedures implemented the National Visa Center (NVC) collects immigrant visa fee, affidavit of support fee and application forms (DS 230 Part I and II), Affidavit of Support forms for US Embassies and US Consulates around the world. The NVC is the main office of all U. S Consulates around the world located at Portsmouth, NH in United States. This office processes all immigrant visa applications once the I-130 petitions are approved by the U. S Immigration (USCIS) and forwarded the approved file to NVC. The NVC comes under the Department of State while the USCIS comes under the Department of Homeland Security. Thus both the USCIS and NVC are different agencies under two different departments of the Federal government. Both follow the Immigration and Nationality Act (INA) to adjudicate the cases before them. Both agencies have their own rules mostly similar to adjudicate the cases under the INA. Both agencies are authorized to make their own decisions regarding each petitions like the USCIS has authority whether to approve or not to approve or revoke the petitions approved and NVC has the authority to decided whether a person is eligible for visa or not or to send an approved petition back to USCIS for revocation or for further review. This is done in cases where fraud is involved by the petitioner or the applicants for visas at the consulates based on the information collected through interview and other sources. Hence it is important that filing of I-130 petitions for spouses and other relatives must be accompanied by copies of genuine documents mandated by the rules issued by the government authority. If primary documents like birth certificates, marriage certificates and death certificates are not available, the USCIS may accept secondary documents. If you are not sure what kind of documents are needed with the I-130 petition, you should contact an immigration attorney who has experience of several years of filing similar petitions especially for the applicants of your country.
Submission of Visa Fee and AOS Fee
After receipt of the approved I-130 petitions and at the appropriate time, the NVC will send the Affidavit of Support fee invoice to the petitioner and the Immigrant Visa Processing fee invoice to the applicant or the applicant's designated agent. If an attorney is representing the applicant, the attorney will receive both invoices. Most of the attorneys have chosen to communicate with NVC by e-mail and in such cases the fee bills and all future communications will be e-mailed to the attorney with copy to the petitioner and the applicant. E-mail communications are faster than the mailing the same from NVC, which may take any amount of time from 3-4 weeks. E-mails take less than 24 hours to be sent from NVC to the attorney once it is processed for sending. There are two ways to remit the immigrant visa fee with the NVC. If you need to submit payment, you have two options:
• Online Payment – Most of the attorneys have chosen to remit the fee online directly from your bank account or law firm bank account. This method is faster than remitting the fee by check and mailing the same to NVC fee processing center, which may take about 2-3 weeks to process the same and send us the bar code sheet and information to submit the affidavit of support, DS forms and other supporting documents.
• Alternative Payment Method – This method allows when attorneys or petitioner did not chose e-mail options and the fee bills be received by mail. The fee must be paid by check and mailed to the NVC fee payment processing center. This will delay the processing since it may take about 2-3 weeks to process the fee and send the bar code sheet and information to submit the affidavit of support, DS forms and other supporting documents.
• If you will be applying for your immigrant visa in the United States by adjusting your status with the United States Citizenship and Immigration Services (USCIS), you should contact the National Visa Center before taking further action or making payments. Once you make the request with the NVC, it will hold the approved I-130 until the USCIS requests for the same after you file the adjustment of status application. Hence it is important to contact an immigration attorney to make your choice of consular processing or adjustment of status.
• After you have paid your fees if by online, after 3 days, your attorney or the petitioner may print out the bar code sheet and information sheet. You should carefully follow the detailed instructions in the “Document Collection” instructions.
Submission of Affidavit of Support, DS 230 Part I
If the NVC has requested applicant documents or Affidavit of Support documents, your attorney or the petitioner must submit the affidavit of support by the petitioner, with all supporting documents and DS 230 Part I signed by the applicant for visa. If the petitioner does not have enough income to meet the poverty guidelines, you may need a joint sponsor or a co-sponsor. You may use your household members living in the same house and filed tax returns for previous three years in the same address as yours. If you do not have household members, you may want to use joint sponsors, who may be residing anywhere in the United States. You may not need to use your own family members, but it is always preferred that your use your own close family members, since affidavit of support is a contract between the petitioner/joint sponsor and the alien applicant and the government. Anyone files an affidavit of support must read all the instructions that come with the form to make sure you understand the obligations one is undertaking by signing the affidavit of support. Once you sign the affidavit of support, it is not revocable or terminated. The obligation under the affidavit of support will last until one of the following things happens whichever comes first.
1) The applicant becomes a U. S citizen;
2) The applicant works for 40 qualifying quarter hours (10 years normally);
3) The applicant dies;
4) The applicant departs United States and surrenders permanent resident status.
A divorce between the petitioner or the applicant will not relieve the petitioner or joint sponsor from the affidavit of support obligations. The applicant spouse may claim alimony based on the affidavit of support obligations both from the petitioner and joint sponsor in a divorce proceedings. Hence it is important the petitioner or the joint sponsor or family members who ever sign an affidavit of support seek legal advice before signing the affidavit of support. Also the petitioner must have enough income for the past three years and present income to meet the poverty guidelines evidence by past three years tax returns and a verifiable income like a job. The same applies to a joint sponsor also, since joint sponsor comes in when the petitioner does not have enough income to meet the poverty guidelines.
Submission of Original Documents
Once you submit the affidavit of support, DS 230 Part I with all supporting documents and evidence, NVC will review the same for correctness of the documents and information submitted. If the NVC needs more information or documents, it will send you information asking more information or documents. This will delay the processing at NVC since your case will be put on hold until you submit the correct documents. If the documents submitted meet the requirements, NVC will send by e-mail or regular mail the bar code sheet and list of documents to submit the original documents. It should be remembered that you should not submit original documents unless they were requested by the NVC.
Interview Notice and Preparation
Once the NVC reviews the original documents submitted it will send an e-mail or by regular mail the interview letter. If you have an attorney and he/she has opted for e-mail communications, the interview letter will be send by e-mail to your attorney with copy to the petitioner and the applicant. No interview letter will be sent by mail to the petitioner or applicant from NVC if e-mail communications are opted for. When the NVC notifies the applicant that an interview has been scheduled, the applicant must begin preparing for the interview at the consulate by appearing for the medical and vaccination examination at an approved medical facility and to obtain the report in a sealed envelope. The applicant must take this sealed envelope along with all passports used in the past including the most recent one. The applicant also must take with him/her any additional documents to prove the relationship claimed in the I-130 petition. In most attorney cases, the interview will last only less than 10 minutes and the ten finger prints of the applicant/s will be taken and the most recent passport will be retained by the consulate. The applicant must remit the courier fee with the appropriate VFS office before appearing for the interview. Once the security clearance is obtained the passport will be affixed with the immigrant visa and it will be returned to the applicants in the address provided in the DS 230 Part I form along with the visa packet in a sealed envelope. This sealed envelope must not be opened by the applicant and should be surrendered at the port of entry, which is the first airport where the applicant is landed to the immigration officers along with the passport. In most cases the applicant will receive the green card and also social security (if that option is requested) in the mail within couple of weeks of arrival. The consulates will not send any information or packet under these procedures and all papers works are being handed by the NVC in United States. If your case is very old and already pending at the consulate, you should contact the consulate for further processing of the case, since NVC has already sent the file to the consulate.
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.
Tuesday, May 10, 2011
Affidavit of Support for Sponsoring Aliens
Lal Varghese, Attorney at Law, Dallas
The Poverty Guidelines in effect on the filing date of an Affidavit of Support are used to determine whether the income requirement is met. For example, the effective date of the 2006 Poverty Guidelines was March 1, 2006. So, an I-864 filed on February 1, 2006, was subject to the 2005 Poverty Guidelines. If the sponsor’s income meets the minimum Federal poverty guideline income requirement other assets generally need not be presented. However, the consular officer may request evidence of assets and liabilities, as necessary to determine eligibility. The petitioner/sponsor may also count assets to meet the 125 percent minimum income requirement. The sponsor's income is totaled first. Personal assets and/or the income and assets of household members who have signed an I-864A are totaled next. Usually the sponsor must present evidence of location, ownership and value including liens and liabilities for each asset listed. The consular officer must find that the financial value of the asset can be converted to cash within one year to support the sponsored immigrant without undue harm to the sponsor or his/her family. The total net value of assets, less liens and liabilities against them, must equal five times the difference between the sponsor's income and 125% of the poverty level for the household size. Sponsors of spouses and children of U.S. citizens must only prove assets valued at three times the difference between the poverty guideline and actual household income. Sponsors of orphans who will acquire citizenship after admission to the United States must only prove assets equal to the difference between the poverty guideline and actual household income.
Assets easily convertible to cash can be savings, stocks, bonds and property. The immigrant visa applicant may also count assets that he or she owns that are outside the United States, such as real estate or personal property under the following conditions:
• The assets must be convertible to cash within 12 months
• The applicant must show that the assets can be removed from the country where they are located. Many countries have limits on cash or liquid assets that can removed from the country
• The net value of assets is at least five times the difference between the sponsor's income and 125 percent of the poverty guideline for the household size.
The sponsors receiving housing and other benefits in place of salary may count those benefits as income. The sponsor may count both taxable and non-taxable income (such as housing allowance). The sponsor must prove the nature and amount of non-taxable income. Evidence of such income can be a W-2 Form (such as Box 13 for military allowances), Form 1099 or other evidence. A credible offer of employment for the visa applicant may not replace or supplement an insufficient Affidavit of Support. A job offer may show ability of the applicant to overcome ineligibility as a public charge, but does not meet any I-864 requirement. The consular officers also look at other public charge factors affecting the financial situation of the sponsor and the applicant. Age, health, education, skills, financial resources and family status of the applicant and the sponsor are factors. Consular officers will verify to the extent possible that applicants have adequate financial support to prevent them becoming a public charge. If the poverty guidelines change between the time the petitioner signed the I-864 and the issuance of an immigrant visa, the petitioner/sponsor and joint sponsor, if required, need not submit a new I-864. The I-864 remains valid indefinitely unless evidence of failure to meet the poverty guidelines in effect on the date of I-864 filing arises. The consular officer will determine whether the income claimed by the sponsor and documented with financial evidence meets the poverty guidelines in effect at the time the I-864 was filed. If the income claimed does not meet the poverty guidelines then the consular officer may request that the sponsor submit current year income information.
The Affidavit of Support forms are not required to be notarized and the sponsor must only sign the form. However, by signing an Affidavit of Support the sponsor certifies under penalty of perjury that the information and supporting documents provided are true and correct. The sponsor is required to submit an IRS transcript or photocopy of only the most recent Federal income tax return with the I-864. However, the sponsor may, submit Federal income tax returns for the three most recent years if that helps establish his or her ability to maintain the household income required in the poverty guidelines. The consular officer determines if the income claimed by the sponsor meets the poverty guidelines. If the claimed income does not meet the poverty guidelines then the consular officer may additionally request current year income information. If the sponsor is relying on income from other household members to reach the minimum required income, a copy or IRS transcript of each individual's most recent tax return is also required, and each person must complete a Form I-864A. The consular officer may request additional evidence of income, such as an employment letter.
What does the sponsor do when he/she was not required by law to file an income tax return during a given year? If you did not have to file a tax return, attach a written explanation and a copy of the instructions from the IRS publication showing you were not obliged to file. Failure to file a required income tax return does not excuse the sponsor from submitting tax returns as supporting documents. If a tax return should have been filed, the Affidavit of Support will not be considered sufficient until the sponsor files the delinquent tax return and supplies copies with the Form I-864. If the income requirement is not met, but the sponsor claims to have under-reported his or her income, an amended tax return is required to process the immigrant visa application further.
Consular officers can only accept individual tax returns, since the individual, not the business is sponsoring the applicant. If the sponsor does not have copies of his/her tax returns, he/she can submit a summary of the returns from the Internal Revenue Service (IRS). The petitioner (sponsor) with limited financial resources may sponsor only the principal applicant and not his/her spouse and eligible children. The sponsor can limit the number of sponsored immigrants to the number of people who actually intend to immigrate at that time. The principal applicant must be one of the sponsored immigrants. The petitioner can reduce his/her household size by limiting the number of sponsored applicants. This reduces the minimum income requirement. The sponsor can file another Affidavit of Support for the principal applicant's dependents later when the petitioner and the principal applicant have more income. The principal applicant and any of his/her family members who may have already immigrated must be included in the household size for the new Affidavit of Support.
A joint sponsor may submit an Affidavit of Support to sponsor all or some of the family members if the primary sponsor does not meet the income requirements. A maximum of two joint sponsors per petition can be used. Each joint sponsor is only responsible for the applicant(s) listed on that joint sponsor’s Affidavit of Support. Important note: If a joint sponsor is used, the petitioning sponsor must submit Form I-864, not Form I-864EZ. A divorced parent's dependent children are members of his or her household, even if they live part of the time with the other parent. The child is a member of both parents' households on an Affidavit of Support unless a parent proves that he or she has no legal obligation to support the child. Each accompanying family member need not to have separate documents if they are traveling with the principal applicant. However, dependents immigrating with the principal applicant must have a signed original or a photocopy of the principal applicant's Form I-864, and I-864A if applicable. Copies may only be used by dependents named on the principal applicant's original forms.
Family members who immigrate later (follow-to-join) must have one complete set of the principal applicant's I-864 and supporting documents. Each arriving immigrant must present an I-864 Affidavit of Support with original signatures. Each family member with a separate visa petition must submit a signed Form I-864 with supporting documents from the petitioner/sponsor and Form I-864As with supporting documents from the joint sponsor(s) if applicable. Two joint sponsors can be used per family unit applying to immigrate under the same petition. If two joint sponsors are used, each joint sponsor is responsible only for the intending immigrant(s) listed on the joint sponsor’s Form I-864. Every joint sponsor must meet the minimum income requirement, citizenship, residence and age requirements. If the petitioner or primary sponsor dies before all qualified family members have immigrated, a new sponsor may submit a Form I-864 to become the primary sponsor regardless of the status of the deceased petitioner's estate. Will the I-864 I submitted expire if my relative's interview is delayed for any reason? No, the validity of the I-864, I-864 EZ, or I-864A is considered indefinite; beginning from the date the sponsor files it with the National Visa Center, the U.S. embassy or consulate.
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 or our blog for more articles at: http://www.indiaimmigrationusa.com/
or http://www.indiaimmigrationusa.blogspot.com/ for more information about other related immigration matters.
Lal Varghese, Attorney at Law, Dallas
The Poverty Guidelines in effect on the filing date of an Affidavit of Support are used to determine whether the income requirement is met. For example, the effective date of the 2006 Poverty Guidelines was March 1, 2006. So, an I-864 filed on February 1, 2006, was subject to the 2005 Poverty Guidelines. If the sponsor’s income meets the minimum Federal poverty guideline income requirement other assets generally need not be presented. However, the consular officer may request evidence of assets and liabilities, as necessary to determine eligibility. The petitioner/sponsor may also count assets to meet the 125 percent minimum income requirement. The sponsor's income is totaled first. Personal assets and/or the income and assets of household members who have signed an I-864A are totaled next. Usually the sponsor must present evidence of location, ownership and value including liens and liabilities for each asset listed. The consular officer must find that the financial value of the asset can be converted to cash within one year to support the sponsored immigrant without undue harm to the sponsor or his/her family. The total net value of assets, less liens and liabilities against them, must equal five times the difference between the sponsor's income and 125% of the poverty level for the household size. Sponsors of spouses and children of U.S. citizens must only prove assets valued at three times the difference between the poverty guideline and actual household income. Sponsors of orphans who will acquire citizenship after admission to the United States must only prove assets equal to the difference between the poverty guideline and actual household income.
Assets easily convertible to cash can be savings, stocks, bonds and property. The immigrant visa applicant may also count assets that he or she owns that are outside the United States, such as real estate or personal property under the following conditions:
• The assets must be convertible to cash within 12 months
• The applicant must show that the assets can be removed from the country where they are located. Many countries have limits on cash or liquid assets that can removed from the country
• The net value of assets is at least five times the difference between the sponsor's income and 125 percent of the poverty guideline for the household size.
The sponsors receiving housing and other benefits in place of salary may count those benefits as income. The sponsor may count both taxable and non-taxable income (such as housing allowance). The sponsor must prove the nature and amount of non-taxable income. Evidence of such income can be a W-2 Form (such as Box 13 for military allowances), Form 1099 or other evidence. A credible offer of employment for the visa applicant may not replace or supplement an insufficient Affidavit of Support. A job offer may show ability of the applicant to overcome ineligibility as a public charge, but does not meet any I-864 requirement. The consular officers also look at other public charge factors affecting the financial situation of the sponsor and the applicant. Age, health, education, skills, financial resources and family status of the applicant and the sponsor are factors. Consular officers will verify to the extent possible that applicants have adequate financial support to prevent them becoming a public charge. If the poverty guidelines change between the time the petitioner signed the I-864 and the issuance of an immigrant visa, the petitioner/sponsor and joint sponsor, if required, need not submit a new I-864. The I-864 remains valid indefinitely unless evidence of failure to meet the poverty guidelines in effect on the date of I-864 filing arises. The consular officer will determine whether the income claimed by the sponsor and documented with financial evidence meets the poverty guidelines in effect at the time the I-864 was filed. If the income claimed does not meet the poverty guidelines then the consular officer may request that the sponsor submit current year income information.
The Affidavit of Support forms are not required to be notarized and the sponsor must only sign the form. However, by signing an Affidavit of Support the sponsor certifies under penalty of perjury that the information and supporting documents provided are true and correct. The sponsor is required to submit an IRS transcript or photocopy of only the most recent Federal income tax return with the I-864. However, the sponsor may, submit Federal income tax returns for the three most recent years if that helps establish his or her ability to maintain the household income required in the poverty guidelines. The consular officer determines if the income claimed by the sponsor meets the poverty guidelines. If the claimed income does not meet the poverty guidelines then the consular officer may additionally request current year income information. If the sponsor is relying on income from other household members to reach the minimum required income, a copy or IRS transcript of each individual's most recent tax return is also required, and each person must complete a Form I-864A. The consular officer may request additional evidence of income, such as an employment letter.
What does the sponsor do when he/she was not required by law to file an income tax return during a given year? If you did not have to file a tax return, attach a written explanation and a copy of the instructions from the IRS publication showing you were not obliged to file. Failure to file a required income tax return does not excuse the sponsor from submitting tax returns as supporting documents. If a tax return should have been filed, the Affidavit of Support will not be considered sufficient until the sponsor files the delinquent tax return and supplies copies with the Form I-864. If the income requirement is not met, but the sponsor claims to have under-reported his or her income, an amended tax return is required to process the immigrant visa application further.
Consular officers can only accept individual tax returns, since the individual, not the business is sponsoring the applicant. If the sponsor does not have copies of his/her tax returns, he/she can submit a summary of the returns from the Internal Revenue Service (IRS). The petitioner (sponsor) with limited financial resources may sponsor only the principal applicant and not his/her spouse and eligible children. The sponsor can limit the number of sponsored immigrants to the number of people who actually intend to immigrate at that time. The principal applicant must be one of the sponsored immigrants. The petitioner can reduce his/her household size by limiting the number of sponsored applicants. This reduces the minimum income requirement. The sponsor can file another Affidavit of Support for the principal applicant's dependents later when the petitioner and the principal applicant have more income. The principal applicant and any of his/her family members who may have already immigrated must be included in the household size for the new Affidavit of Support.
A joint sponsor may submit an Affidavit of Support to sponsor all or some of the family members if the primary sponsor does not meet the income requirements. A maximum of two joint sponsors per petition can be used. Each joint sponsor is only responsible for the applicant(s) listed on that joint sponsor’s Affidavit of Support. Important note: If a joint sponsor is used, the petitioning sponsor must submit Form I-864, not Form I-864EZ. A divorced parent's dependent children are members of his or her household, even if they live part of the time with the other parent. The child is a member of both parents' households on an Affidavit of Support unless a parent proves that he or she has no legal obligation to support the child. Each accompanying family member need not to have separate documents if they are traveling with the principal applicant. However, dependents immigrating with the principal applicant must have a signed original or a photocopy of the principal applicant's Form I-864, and I-864A if applicable. Copies may only be used by dependents named on the principal applicant's original forms.
Family members who immigrate later (follow-to-join) must have one complete set of the principal applicant's I-864 and supporting documents. Each arriving immigrant must present an I-864 Affidavit of Support with original signatures. Each family member with a separate visa petition must submit a signed Form I-864 with supporting documents from the petitioner/sponsor and Form I-864As with supporting documents from the joint sponsor(s) if applicable. Two joint sponsors can be used per family unit applying to immigrate under the same petition. If two joint sponsors are used, each joint sponsor is responsible only for the intending immigrant(s) listed on the joint sponsor’s Form I-864. Every joint sponsor must meet the minimum income requirement, citizenship, residence and age requirements. If the petitioner or primary sponsor dies before all qualified family members have immigrated, a new sponsor may submit a Form I-864 to become the primary sponsor regardless of the status of the deceased petitioner's estate. Will the I-864 I submitted expire if my relative's interview is delayed for any reason? No, the validity of the I-864, I-864 EZ, or I-864A is considered indefinite; beginning from the date the sponsor files it with the National Visa Center, the U.S. embassy or consulate.
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 or our blog for more articles at: http://www.indiaimmigrationusa.com/
or http://www.indiaimmigrationusa.blogspot.com/ for more information about other related immigration matters.
Wednesday, March 23, 2011
Affidavit of Support to Sponsor Alien Relatives
AFFIDAVIT OF SUPPORT TO SPONSOR ALIEN RELATIVES
Lal Varghese, Attorney at Law, Dallas
The affidavit of support is legally required for many family-based and some employment based immigrants to show they will have adequate means of support after immigration to the U.S. Generally, the following intending immigrants need an Affidavit of Support to be filed before they can be issued with visas.
• Applicants for family-based immigrant visas, including certain orphans.
• Applicants for employment-based immigrant visas where a relative filed the immigrant visa petition or has a 5 percent or greater ownership interest in the business that filed the petition
The National Visa Center (NVC) provides instructions to the petitioner/sponsor at the appropriate time when the approved petition is ready to be processed by reaching the priority date if any. The petitioner/sponsor must complete and sign the appropriate Affidavit of Support form. Incomplete or incorrectly assembled forms will not be accepted. The completed forms and supporting documents must be sent to the National Visa Center. A sponsor must be at least 18 years old and either an American citizen or a lawful permanent resident (LPR). The sponsor must also have a domicile (residence) in the United States. Domicile is a complex concept and must be evaluated on a case by case basis by looking in to the details. To qualify as a sponsor, a petitioner residing abroad must have a principal residence in the U.S. and intend to maintain it indefinitely. Lawful permanent resident (LPR) sponsors must show they are maintaining their LPR status. Many U.S. citizens and lawful permanent residents reside outside the United States on a temporary basis. "Temporary" may cover an extended period of residence abroad. The sponsor living abroad must establish the following in order to be considered domiciled in the United States:
• He/she left the United States for a limited and not indefinite period of time,
• He/she intended to maintain a domicile in the United States, and
• He/she has evidence of continued ties to the United States.
A U.S. citizen or lawful permanent resident (LPR) petitioner who is not domiciled (living) in the United States cannot be a sponsor. The law requires that sponsors be domiciled (live) in any of the United States, the District of Columbia, or any territory or possession of the United States. If the petitioner does not have a domicile in the United States, a joint sponsor cannot file an I-864 and rectify the domicile issue of the petitioner. The petitioner must meet all the requirements to be a sponsor (age, domicile and citizenship), except those related to income, before there can be a joint sponsor. The following types of employment abroad may be considered as maintaining domicile in United States.
• Employment temporarily stationed abroad with the U.S. government
• Employment temporarily stationed abroad with an American institution of research recognized by the Attorney General
• Employment temporarily stationed abroad with an American firm or corporation or its subsidiary engaged in whole or in part in the development of foreign trade and commerce with the United States
• Employment temporarily stationed abroad with a public international organization in which the United States participates by treaty or statute
• Employment temporarily stationed abroad with a religious denomination/group having a genuine organization within the United States.
• Employment temporarily stationed abroad as a missionary by a religious denomination/group or by an interdenominational mission organization within the United States.
There may be other circumstances in which a sponsor can show that his or her presence abroad is of a temporary nature, and the sponsor has a domicile in the United States. The sponsor must satisfy the consular officer that he/she has not given up his/her domicile in the United States and established his/her domicile abroad. When a sponsor has clearly not maintained a domicile in the United States, he/she must re-establish a U.S. domicile to be a sponsor. The aspiring sponsor may take steps, including the examples given below, to show that the United States is his/her principal place of residence.
• Find employment in the United States
• Secure a residence in the United States
• Register children in U.S. schools
• Relinquish residence abroad
• Other evidence of a U.S. residence
If the sponsor establishes U.S. domicile, it is not necessary for the sponsor to go to the United States before the sponsored family members. However, the sponsor must return to the United States to live before the sponsored immigrant may enter the United States. The sponsored immigrant must enter the U.S. with or after the sponsor also. If the sponsored immigrant uses federal means tested public benefits, the sponsor must repay the cost of the benefits. The following types of assistance are not considered means tested public benefits and do not have to be repaid.
• Emergency Medicaid
• School lunches
• Immunizations and treatment for communicable diseases
• Student assistance to attend colleges and institutions of higher learning
• Some kinds of foster care or adoption assistance
• Job training programs
• Head start
• Short-term, non-cash emergency relief (To be continued……………..)
The affidavit of support is legally required for many family-based and some employment based immigrants to show they will have adequate means of support after immigration to the U.S. Generally, the following intending immigrants need an Affidavit of Support to be filed before they can be issued with visas.
• Applicants for family-based immigrant visas, including certain orphans.
• Applicants for employment-based immigrant visas where a relative filed the immigrant visa petition or has a 5 percent or greater ownership interest in the business that filed the petition
The National Visa Center (NVC) provides instructions to the petitioner/sponsor at the appropriate time when the approved petition is ready to be processed by reaching the priority date if any. The petitioner/sponsor must complete and sign the appropriate Affidavit of Support form. Incomplete or incorrectly assembled forms will not be accepted. The completed forms and supporting documents must be sent to the National Visa Center. A sponsor must be at least 18 years old and either an American citizen or a lawful permanent resident (LPR). The sponsor must also have a domicile (residence) in the United States. Domicile is a complex concept and must be evaluated on a case by case basis by looking in to the details. To qualify as a sponsor, a petitioner residing abroad must have a principal residence in the U.S. and intend to maintain it indefinitely. Lawful permanent resident (LPR) sponsors must show they are maintaining their LPR status. Many U.S. citizens and lawful permanent residents reside outside the United States on a temporary basis. "Temporary" may cover an extended period of residence abroad. The sponsor living abroad must establish the following in order to be considered domiciled in the United States:
• He/she left the United States for a limited and not indefinite period of time,
• He/she intended to maintain a domicile in the United States, and
• He/she has evidence of continued ties to the United States.
A U.S. citizen or lawful permanent resident (LPR) petitioner who is not domiciled (living) in the United States cannot be a sponsor. The law requires that sponsors be domiciled (live) in any of the United States, the District of Columbia, or any territory or possession of the United States. If the petitioner does not have a domicile in the United States, a joint sponsor cannot file an I-864 and rectify the domicile issue of the petitioner. The petitioner must meet all the requirements to be a sponsor (age, domicile and citizenship), except those related to income, before there can be a joint sponsor. The following types of employment abroad may be considered as maintaining domicile in United States.
• Employment temporarily stationed abroad with the U.S. government
• Employment temporarily stationed abroad with an American institution of research recognized by the Attorney General
• Employment temporarily stationed abroad with an American firm or corporation or its subsidiary engaged in whole or in part in the development of foreign trade and commerce with the United States
• Employment temporarily stationed abroad with a public international organization in which the United States participates by treaty or statute
• Employment temporarily stationed abroad with a religious denomination/group having a genuine organization within the United States.
• Employment temporarily stationed abroad as a missionary by a religious denomination/group or by an interdenominational mission organization within the United States.
There may be other circumstances in which a sponsor can show that his or her presence abroad is of a temporary nature, and the sponsor has a domicile in the United States. The sponsor must satisfy the consular officer that he/she has not given up his/her domicile in the United States and established his/her domicile abroad. When a sponsor has clearly not maintained a domicile in the United States, he/she must re-establish a U.S. domicile to be a sponsor. The aspiring sponsor may take steps, including the examples given below, to show that the United States is his/her principal place of residence.
• Find employment in the United States
• Secure a residence in the United States
• Register children in U.S. schools
• Relinquish residence abroad
• Other evidence of a U.S. residence
If the sponsor establishes U.S. domicile, it is not necessary for the sponsor to go to the United States before the sponsored family members. However, the sponsor must return to the United States to live before the sponsored immigrant may enter the United States. The sponsored immigrant must enter the U.S. with or after the sponsor also. If the sponsored immigrant uses federal means tested public benefits, the sponsor must repay the cost of the benefits. The following types of assistance are not considered means tested public benefits and do not have to be repaid.
• Emergency Medicaid
• School lunches
• Immunizations and treatment for communicable diseases
• Student assistance to attend colleges and institutions of higher learning
• Some kinds of foster care or adoption assistance
• Job training programs
• Head start
• Short-term, non-cash emergency relief (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 or our blog for more articles at: www.indiaimmigrationusa.com or www.indiaimmigrationusa.blogspot.com for more information about other related immigration matters.
Removing CR Status of Spouses of U. S Citizens
REMOVING CONDITIONS ON PERMANENT RESIDENCE BASED ON MARRIAGELal Varghese, Attorney at Law, Dallas
Permanent residence status is conditional if it is based on a marriage that was less than two years old on the day the alien spouse was given permanent residence status. The alien spouse is given conditional resident status on the day such person is lawfully admitted to the United States on an immigrant visa or adjustment of your status to permanent residence. An alien spouse’s status is conditional, because such person must prove that he/she did not get married to evade the immigration laws of the United States. To remove these conditions the alien spouse must file a joint petition to remove conditions on residence along with her USC/LPR spouse with all supporting documents to prove that the marriage is genuine and faithful and are still living together as husband and wife.
Generally, the alien spouse may apply to remove his/her conditions on permanent residence if:
• He/she is still married to the same U.S. citizen or permanent resident after 2 years (the children may be included in the application if they received their conditional resident status at the same time that the aliens spouse did or within 90 days)
• You are a child and cannot be included in the application of your parents for a valid reason
• You are a widow or widower of a marriage that was entered into in good faith
• You entered into a marriage in good faith, but the marriage was ended through divorce or annulment
• You entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your U.S. citizen or permanent resident spouse
• The termination of your conditional resident status would cause extreme hardship to you
You and your spouse must apply together to remove the conditions on your residence by filing Form I-751. You should apply during the 90 days before your second anniversary as a conditional resident. The expiration date on your green card is also the date of your second anniversary as a conditional resident. If you do not apply to remove the conditions in time, you could lose your conditional resident status or the same can be terminated by the USCIS and be removed (deported) from the United States. If you are no longer married to your spouse, or if you have been battered or abused by your spouse, you can apply to waive the joint filing requirement. In such cases, you may apply to remove the conditions on your permanent residence any time after you become a conditional resident, but before you are removed from the country.
If your child received conditional resident status within 90 days of when you did, then your child may be included in your application to remove the conditions on permanent residence. Your child must file a separate I-751 application if your child received conditional resident status more than 90 days after you did. The Immigration and Nationality Act (INA) governs immigration in the United States. For the part of the law concerning conditional resident status based on marriage, please see Section 216 of the INA. The specific eligibility requirements and procedures for removing conditions on permanent resident status are included in the Code of Federal Regulations [CFR] at 8 CFR Section 216.
If you fail to properly file Form I-751 within the 90-day period before your second anniversary as a conditional resident:
• Your conditional resident status will automatically be terminated and we will begin removal proceedings against you
• You will receive a notice from USCIS informing that you have failed to file the petition to remove the conditions
• You will receive a Notice to Appear at a hearing before the Judge. At the hearing you may review and rebut the evidence against you. You are responsible for proving that you complied with the requirements and the USCIS is not responsible for proving that you did not comply with the requirements.
The Form I-751 can be filed after the 90-day period if you can prove in writing to the USCIS Service Center Director that there was good cause for failing to file the petition on time. The director has the discretion to approve the petition and restore your permanent resident status. If you are unable to apply with your spouse to remove the conditions on your residence, you may request a waiver of the joint filing requirement. You may request consideration of more than one waiver provision at a time.
You may request a waiver of the joint petitioning requirements if:
• Your deportation or removal would result in extreme hardship
• You entered into your marriage in good faith, and not to evade immigration laws, but the marriage ended by annulment or divorce, and you were not at fault in failing to file a timely petition
• You entered into your marriage in good faith, and not to evade immigration laws, but during the marriage you or your child were battered by, or subjected to extreme cruelty committed by your U.S. citizen or permanent resident spouse, and you were not at fault in failing to file a joint petition
If you are still married, but legally separated and/or in pending divorce or annulment proceedings, and:
• You filed a waiver request. The USCIS will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment (if applicable).
• You filed a Form I-751 petition jointly. USCIS will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment and a statement that you would like to have your joint filing petition treated as a waiver.
Upon receipt of the final divorce decree or annulment within the specified time period, the USCIS will amend the petition, to indicate that eligibility has been established for a waiver of the joint filing requirement based on the termination of the marriage. As a permanent resident, you should have received a green card. This card will continue to prove that you have a right to live and work in the United States permanently. If you file Form I-751 on time, the USCIS will extend your conditional resident status until a decision has been made on your application. You will be sent a notice reflecting this. An interview may be required to demonstrate eligibility to remove the conditions on your residence. If an interview is required you will receive an appointment notice telling you when and where to appear for your interview.
If your application to remove the conditions on your permanent residence is denied, you will receive a letter that will tell you why the application was denied. The process to remove you from the country will begin as soon as your application is denied. You will be allowed to have an immigration judge review the denial of your application during removal proceedings. During this review, we must prove that the facts on your application were untruthful and/or that your application was properly denied. If the immigration judge decides to remove you from the country, you may appeal this decision. Generally, you may appeal within 30 days after the immigration judge decides to remove you from the country. After your appeal form and a required fee are processed, the appeal will be referred to the Board of Immigration Appeals in Falls Church, VA.
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.
Permanent residence status is conditional if it is based on a marriage that was less than two years old on the day the alien spouse was given permanent residence status. The alien spouse is given conditional resident status on the day such person is lawfully admitted to the United States on an immigrant visa or adjustment of your status to permanent residence. An alien spouse’s status is conditional, because such person must prove that he/she did not get married to evade the immigration laws of the United States. To remove these conditions the alien spouse must file a joint petition to remove conditions on residence along with her USC/LPR spouse with all supporting documents to prove that the marriage is genuine and faithful and are still living together as husband and wife.
Generally, the alien spouse may apply to remove his/her conditions on permanent residence if:
• He/she is still married to the same U.S. citizen or permanent resident after 2 years (the children may be included in the application if they received their conditional resident status at the same time that the aliens spouse did or within 90 days)
• You are a child and cannot be included in the application of your parents for a valid reason
• You are a widow or widower of a marriage that was entered into in good faith
• You entered into a marriage in good faith, but the marriage was ended through divorce or annulment
• You entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your U.S. citizen or permanent resident spouse
• The termination of your conditional resident status would cause extreme hardship to you
You and your spouse must apply together to remove the conditions on your residence by filing Form I-751. You should apply during the 90 days before your second anniversary as a conditional resident. The expiration date on your green card is also the date of your second anniversary as a conditional resident. If you do not apply to remove the conditions in time, you could lose your conditional resident status or the same can be terminated by the USCIS and be removed (deported) from the United States. If you are no longer married to your spouse, or if you have been battered or abused by your spouse, you can apply to waive the joint filing requirement. In such cases, you may apply to remove the conditions on your permanent residence any time after you become a conditional resident, but before you are removed from the country.
If your child received conditional resident status within 90 days of when you did, then your child may be included in your application to remove the conditions on permanent residence. Your child must file a separate I-751 application if your child received conditional resident status more than 90 days after you did. The Immigration and Nationality Act (INA) governs immigration in the United States. For the part of the law concerning conditional resident status based on marriage, please see Section 216 of the INA. The specific eligibility requirements and procedures for removing conditions on permanent resident status are included in the Code of Federal Regulations [CFR] at 8 CFR Section 216.
If you fail to properly file Form I-751 within the 90-day period before your second anniversary as a conditional resident:
• Your conditional resident status will automatically be terminated and we will begin removal proceedings against you
• You will receive a notice from USCIS informing that you have failed to file the petition to remove the conditions
• You will receive a Notice to Appear at a hearing before the Judge. At the hearing you may review and rebut the evidence against you. You are responsible for proving that you complied with the requirements and the USCIS is not responsible for proving that you did not comply with the requirements.
The Form I-751 can be filed after the 90-day period if you can prove in writing to the USCIS Service Center Director that there was good cause for failing to file the petition on time. The director has the discretion to approve the petition and restore your permanent resident status. If you are unable to apply with your spouse to remove the conditions on your residence, you may request a waiver of the joint filing requirement. You may request consideration of more than one waiver provision at a time.
You may request a waiver of the joint petitioning requirements if:
• Your deportation or removal would result in extreme hardship
• You entered into your marriage in good faith, and not to evade immigration laws, but the marriage ended by annulment or divorce, and you were not at fault in failing to file a timely petition
• You entered into your marriage in good faith, and not to evade immigration laws, but during the marriage you or your child were battered by, or subjected to extreme cruelty committed by your U.S. citizen or permanent resident spouse, and you were not at fault in failing to file a joint petition
If you are still married, but legally separated and/or in pending divorce or annulment proceedings, and:
• You filed a waiver request. The USCIS will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment (if applicable).
• You filed a Form I-751 petition jointly. USCIS will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment and a statement that you would like to have your joint filing petition treated as a waiver.
Upon receipt of the final divorce decree or annulment within the specified time period, the USCIS will amend the petition, to indicate that eligibility has been established for a waiver of the joint filing requirement based on the termination of the marriage. As a permanent resident, you should have received a green card. This card will continue to prove that you have a right to live and work in the United States permanently. If you file Form I-751 on time, the USCIS will extend your conditional resident status until a decision has been made on your application. You will be sent a notice reflecting this. An interview may be required to demonstrate eligibility to remove the conditions on your residence. If an interview is required you will receive an appointment notice telling you when and where to appear for your interview.
If your application to remove the conditions on your permanent residence is denied, you will receive a letter that will tell you why the application was denied. The process to remove you from the country will begin as soon as your application is denied. You will be allowed to have an immigration judge review the denial of your application during removal proceedings. During this review, we must prove that the facts on your application were untruthful and/or that your application was properly denied. If the immigration judge decides to remove you from the country, you may appeal this decision. Generally, you may appeal within 30 days after the immigration judge decides to remove you from the country. After your appeal form and a required fee are processed, the appeal will be referred to the Board of Immigration Appeals in Falls Church, VA.
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.
Retrogression of Visas from India
VISAS WENT BACK (RETROGRESSION) FOR INDIA FOR ALL CATEGORIES
Lal Varghese, Attorney at Law, Dallas
The U. S. Department of State (DOS) is responsible for issuance of visas by administering the provisions of the Immigration and Nationality Act (INA) relating to the numerical limitations on immigrant visa issuances. There is fixed quota of visas for each country for each category both under family category and employment category for each immigration fiscal year. The immigration fiscal year begins on October 1st and ends on September 30th of each year, which means the quota for each year will be released on October 1st of each year to be allotted throughout that year until September 30th, in each month for each category based on the basis of the priority date of the applicants waiting in line for visas from each country.
At the beginning of each month, the Visa Office (VO) at the DOS receives a report from each consular office from around the world listing total number of documentarily qualified immigrant visa applicants in categories subject to numerical limitation. Cases are grouped by foreign state chargeability/preference/priority date without revealing the names of the applicants. During the first week of each month, this documentarily qualified demand is tabulated. VO subdivides the annual preference and foreign state limitations specified by the INA into monthly allotments. The totals of documentarily qualified applicants, which have been reported to VO, are compared each month with the numbers available for the next regular allotment. The determination of how many numbers are available requires consideration of several of variables, including: past number use; estimates of future number use and return rates; and estimates of Citizenship and Immigration Service demand based on cut-off date movements. Once this is done, the cut-off dates are established and numbers are allocated to reported applicants in order of their priority dates, the oldest dates first.
If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "Current". For example: If the monthly allocation target is 3,000 and the VO has only demand for 1,000 applicants the category can be "Current”. Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be "oversubscribed" and a visa availability cut-off date is established. The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number. For example: If the monthly target is 3,000 and DOS has demand for 8,000 applicants, then VO would need to establish a cut-off date so that only 3,000 numbers would be allocated. In this case, the cut-off would be the priority date of the 3,001st applicant. Only persons with a priority date earlier than a cut-off date are entitled to allotment of a visa number. The cut-off dates are the 1st, 8th, 15th, and 22nd of a month, since VO groups demand for numbers under these dates. (Priority dates of the first through seventh of a month are grouped under the 1st, the eighth through the fourteenth under the 8th, etc.)
VO attempts to establish the cut-off dates for the following month on or about the 8th of each month. The dates are immediately transmitted to consular posts and Citizenship and Immigration Services (USCIS), and also published at its web site www.travel.state.gov. Visa allotments for use during that month are transmitted to consular posts. USCIS requests visa allotments for adjustment of status cases only when all other case processing has been completed. If there is more demand for visas from documentarily qualified applicants than the allotted visas in a year, the VO retrogresses the cut-off dates in an attempt to hold issuances within the annual numerical limits. In certain cases some categories will become unavailable ("U") when the annual numerical limit has been reached for that categories.
Applicants entitled to immigrant status become documentarily qualified at their own initiative and convenience. By no means has every applicant with a priority date earlier than a prevailing cut-off date been processed for final visa action. On the contrary, visa allotments are made only on the basis of the total applicants reported documentarily qualified each month. Demand for visa numbers can fluctuate from one month to another, with the inevitable impact on cut-off dates. If an applicant is reported documentarily qualified but allocation of a visa number is not possible because of a visa availability cut-off date, the demand is recorded at VO and an allocation is made as soon as the applicable cut-off date advances beyond the applicant's priority date. There is no need for such applicant to be reported a second time. Visa numbers are always allotted for all documentarily qualified applicants with a priority date before the relevant cut-off date, as long as the case had been reported to VO in time to be included in the monthly calculation of visa availability. Failure of visa number receipt by the overseas processing office could mean that the request was not dispatched in time to reach VO for the monthly allocation cycle, or that information on the request was incomplete or inaccurate.
If we examine closely the visa allocation under F-4 category (brothers and sisters of U. S citizens) from India since 1992 it can be seen that only four times the visa numbers had been retrogressed. Since 1992 the first retrogression occurred in the month of September 1996 at which time visas were retrogressed from Oct. 08, 1984 to July 01, 1984. The second retrogression occurred in 2003 July when visas retrogressed from July 08, 1991 to March 22, 1991. Another sudden retrogression occurred again in the month of September in 2003 at which time the visas retrogressed from May 22, 1990 to January 01, 1990. After 8 years at present in February 2011 the largest retrogression occurred where visas went back from current level of January 01, 2002 to January 01, 2000. The above is only for F-4 category from India. The retrogression happened in almost all other family categories and also for all other countries including China, Philippines and Mexico along with India the countries from where majority of the immigrants are coming to United States. There is no way of predicting when the visas will come back to the level from where it was retrogressed. But the National Visa Center (NVC) under the DOS will continue to accept the visa fee and affidavit of support fee, affidavit of support and DS forms and original documents, but will hold the files until the visa becomes available to schedule the interview at the consulate. It is to be remembered that in order to be qualified for allotment of visas and for scheduling the interview the applicants must be documentarily qualified. It is always advisable to contact experienced immigration attorneys to process your approved petitions at NVC since all paper works are done at NVC including scheduling of interview at the consulates.
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 U. S. Department of State (DOS) is responsible for issuance of visas by administering the provisions of the Immigration and Nationality Act (INA) relating to the numerical limitations on immigrant visa issuances. There is fixed quota of visas for each country for each category both under family category and employment category for each immigration fiscal year. The immigration fiscal year begins on October 1st and ends on September 30th of each year, which means the quota for each year will be released on October 1st of each year to be allotted throughout that year until September 30th, in each month for each category based on the basis of the priority date of the applicants waiting in line for visas from each country.
At the beginning of each month, the Visa Office (VO) at the DOS receives a report from each consular office from around the world listing total number of documentarily qualified immigrant visa applicants in categories subject to numerical limitation. Cases are grouped by foreign state chargeability/preference/priority date without revealing the names of the applicants. During the first week of each month, this documentarily qualified demand is tabulated. VO subdivides the annual preference and foreign state limitations specified by the INA into monthly allotments. The totals of documentarily qualified applicants, which have been reported to VO, are compared each month with the numbers available for the next regular allotment. The determination of how many numbers are available requires consideration of several of variables, including: past number use; estimates of future number use and return rates; and estimates of Citizenship and Immigration Service demand based on cut-off date movements. Once this is done, the cut-off dates are established and numbers are allocated to reported applicants in order of their priority dates, the oldest dates first.
If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "Current". For example: If the monthly allocation target is 3,000 and the VO has only demand for 1,000 applicants the category can be "Current”. Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be "oversubscribed" and a visa availability cut-off date is established. The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number. For example: If the monthly target is 3,000 and DOS has demand for 8,000 applicants, then VO would need to establish a cut-off date so that only 3,000 numbers would be allocated. In this case, the cut-off would be the priority date of the 3,001st applicant. Only persons with a priority date earlier than a cut-off date are entitled to allotment of a visa number. The cut-off dates are the 1st, 8th, 15th, and 22nd of a month, since VO groups demand for numbers under these dates. (Priority dates of the first through seventh of a month are grouped under the 1st, the eighth through the fourteenth under the 8th, etc.)
VO attempts to establish the cut-off dates for the following month on or about the 8th of each month. The dates are immediately transmitted to consular posts and Citizenship and Immigration Services (USCIS), and also published at its web site www.travel.state.gov. Visa allotments for use during that month are transmitted to consular posts. USCIS requests visa allotments for adjustment of status cases only when all other case processing has been completed. If there is more demand for visas from documentarily qualified applicants than the allotted visas in a year, the VO retrogresses the cut-off dates in an attempt to hold issuances within the annual numerical limits. In certain cases some categories will become unavailable ("U") when the annual numerical limit has been reached for that categories.
Applicants entitled to immigrant status become documentarily qualified at their own initiative and convenience. By no means has every applicant with a priority date earlier than a prevailing cut-off date been processed for final visa action. On the contrary, visa allotments are made only on the basis of the total applicants reported documentarily qualified each month. Demand for visa numbers can fluctuate from one month to another, with the inevitable impact on cut-off dates. If an applicant is reported documentarily qualified but allocation of a visa number is not possible because of a visa availability cut-off date, the demand is recorded at VO and an allocation is made as soon as the applicable cut-off date advances beyond the applicant's priority date. There is no need for such applicant to be reported a second time. Visa numbers are always allotted for all documentarily qualified applicants with a priority date before the relevant cut-off date, as long as the case had been reported to VO in time to be included in the monthly calculation of visa availability. Failure of visa number receipt by the overseas processing office could mean that the request was not dispatched in time to reach VO for the monthly allocation cycle, or that information on the request was incomplete or inaccurate.
If we examine closely the visa allocation under F-4 category (brothers and sisters of U. S citizens) from India since 1992 it can be seen that only four times the visa numbers had been retrogressed. Since 1992 the first retrogression occurred in the month of September 1996 at which time visas were retrogressed from Oct. 08, 1984 to July 01, 1984. The second retrogression occurred in 2003 July when visas retrogressed from July 08, 1991 to March 22, 1991. Another sudden retrogression occurred again in the month of September in 2003 at which time the visas retrogressed from May 22, 1990 to January 01, 1990. After 8 years at present in February 2011 the largest retrogression occurred where visas went back from current level of January 01, 2002 to January 01, 2000. The above is only for F-4 category from India. The retrogression happened in almost all other family categories and also for all other countries including China, Philippines and Mexico along with India the countries from where majority of the immigrants are coming to United States. There is no way of predicting when the visas will come back to the level from where it was retrogressed. But the National Visa Center (NVC) under the DOS will continue to accept the visa fee and affidavit of support fee, affidavit of support and DS forms and original documents, but will hold the files until the visa becomes available to schedule the interview at the consulate. It is to be remembered that in order to be qualified for allotment of visas and for scheduling the interview the applicants must be documentarily qualified. It is always advisable to contact experienced immigration attorneys to process your approved petitions at NVC since all paper works are done at NVC including scheduling of interview at the consulates.
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.
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