Implementing an Effective Immigration Enforcement Strategy
Lal Varghese, Attorney at Law, Dallas
Saturday, October 15, 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.
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.
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