The US Visa Process and How to Check Status

An US visa is the primary requirement for any foreign national desiring to gain entry into the United States. A visa is basically a travel document that permits a foreign national to travel to a specific country and reside there for a particular period of time. The embassy or consulate of the country which the traveler wants to visit will either issue a travel document or will place the visa in the passport.

Acquiring a US visa, does not ensure entry to the United States. It only determines the individual’s eligibility to gain entry to the United States. The entry of an individual to the US is decided by the Officers of Customs and Border Protection (CBP) and Department of Homeland Security (DHS).

The US visa is of two types – non-immigrant visas and immigrant visas. Those who wish to travel to United States temporarily for pleasure or business purposes require non-immigrant visas. On the other hand, those who wish to travel to United States to live permanently require immigrant visas.

About Immigrant US Visa

The immigrant petition for the applicant must be filed with the United States Citizenship and Immigration Services (USCIS) by the sponsor residing in the United States. After the approval of the petition by the USCIS, it is forwarded to the National Visa Center (NVC). The applicant is then informed of the approved petition received by the NVC. After receiving a visa number or after the approval of the immigrant’s petition by the USCIS, instructions are sent to the applicant by NVC on the steps to be taken.

Those applicants who are already staying in the US are eligible to apply for adjustment of status. They can file for the adjustment of status once the immigrant petition by their relative has been approved.

About Non-immigrant US Visa

The petition for the non-immigrant visas must be filed by the applicants at their country’s US Consulate or Embassy. Interviews of the applicants will be conducted and their fingerprints taken by the US Consulate or Embassy. After the approval of the visa petition, the visa needs to be stamped in the passport of the applicant.

The stamping of the visa in the passport of the applicant is done at the local US Consulate or Embassy and the process generally takes 1 to 3 weeks from the date of the visa interview.

Checking the Status of the US Visa Petition

Once an application has been accepted by the USCIS, the applicant/petitioner will be sent an application receipt notice with a 13-character application receipt number. This number can be used to track the visa status online. In case of non-immigrant visas, the consulates will have their own methods of tracking case status.

There are different ways in which an applicant can check a visa status:

1. Check online: The applicant can check the status online at the USCIS website using the 13-character application receipt number.
2. Through email: An applicant can email the USCIS by setting up an account to receive automatic updates.
3. Through phone: The applicant can call the USCIS at their toll free number to get a status update.
4. Through mail: The applicant can write to the USCIS requesting a case update.

Whichever method the applicant chooses, one has to remember to include all the details pertaining to the case – Alien Registration Number, date of application, place where application was filed, etc.

The applicant can also choose to go in person to the USCIS office and get an update, in which case he/she will need to schedule an Infopass appointment through the USCIS website.

U.S Bureau of Citizenship and Immigration Service (BCIS)

BCIS, also known as the Bureau of Citizenship and immigration service was formed in the act of Homeland Security in the year 2002. The name BCIS did not make it a long way, therefore, it was reformed by another name 2 years after its establishment. These days it is commonly known as USCIS or U.S Citizenship and Immigration Service. Earlier, BCIS was working under Homeland Security and before that these facilities were provided by the Immigration and Naturalization Service (INS). According to the guidelines articulated by Homeland Security Act, before the name changing of BCIS, they were required to inform “Appropriate Congressional Committees” at least 60 days before in order to seek their approval.

On March 1, 2003, the BCIS came to be formally in charge of government’s immigration operations. Rendering to the act of Homeland Security in 2002, BCIS assists in place of the government’s former immigration handler along with Immigration and Naturalization Service, and operates in the support of the Department of Homeland Security. One out of three branches of BCIS has been working in the department of Homeland Security.

The principal obligation of BCIS is to handle the application of the benefit applicants to ensure that the sanctuary and competence of U.S Immigration Services is up to the mark. BCIS has many duties to perform; some of them are helping with the immigration of family members, U.S work assistance for immigrants, citizenship, helping U.S citizens with adoption of children from other countries, managing humanitarian programs, helping the immigrants to understand and blend in the U.S culture as well as lineage support.

Even though the INS changed into the DHS, yet all customer services remained like it was before. All accustomed immigration customer services stood reserved from end to end with this conversion. Besides, all INS information which was associated to administration stayed the same. Certified procedures and documents allotted by the earlier INS remain effective as well as it will last to be acknowledged by USCIS and new organizations as per proof of their position in the United States.

USCIS native bureaus stayed prevailing INS places, which includes Application Support Centers and Service Centers. There existed no instant modification in bureaus places, even though a number of bureaus may possibly have reformed since. You may also search the bureau nearby with the help of Legal Language Services USCIS Office Locator. The facilities rendered by the USCIS consist of the settlement of family and requisitions based on employments along with issuing the documents of employment authorization, plus asylum and immigrant handling, naturalization as well as carrying out of special grade programs for instance Temporary Protected Status.

Despite of the fact that the management of immigration assistances was merged into the USCIS, the infinite preponderance of the supplementary roles done by means of INS was merged with other two bureaus under the Department of Homeland Security. And the name of those bureaus are; Bureaus of Immigrations and Custom Enforcement, known as BICE and the other one is, Bureaus of Custom and Border Protection, as known as BCBP.

Getting a Citizenship Certificate Replacement

The Citizenship Certificate is a document provided to individuals that were born abroad to or are the adopted child of U.S. citizen parents, or that at least one of their parents became a U.S. citizen before they reached the age of 18.

Those who need to replace their Citizenship Certificate must file Form N-565, Application for Replacement Naturalization/Citizenship Document. This form N-565 is used to replace Declaration of Intention, Certificate of Naturalization, Certificate of Citizenship, Repatriation Certificate or to apply for a special certificate of naturalization as a U.S. citizen to be recognized by a foreign country.

Form N-565, Application for Replacement of Naturalization or Citizenship Document

The Citizenship Certificate Replacement may be filed:

• If you have been issued a Certificate of Naturalization, Certificate of Citizenship, Declaration of Intention or Repatriation Certificate that that document has been lost, mutilated, or destroyed, or
• If your name has been changed by marriage or by a court order after the document was issued and you seek a document in the new name, or
• If you are a naturalized citizen desiring to obtain recognition as a citizen of the United States by a foreign country, you may apply for a special certificate for that purpose.

Documents Needed:

• For your application for Citizenship Certificate Replacement to be accepted by USCIS, you need to provide all the required documents.
• If you are applying based on your certificate being mutilated, you must include attach the mutilated certificate with your petition.
• If you are applying based on a name change, then you must provide the actual/ original Citizenship Certificate and a copy of your marriage certificate or a document issued by court order to prove that your name has changed.
• If you are applying for the purpose of a Special Certificate, then you must include a copy of your naturalization certificate.

Application Process:

Once you have gathered all the required documents to send with your application, you need to mail your application and documents to USCIS with the required fee. Once the application for Replacement of Citizenship Certificate has been received by the USCIS, it will be checked for completeness, including the required documents. Any application for Citizenship Certificate Replacement that is not signed, does not include all the supporting documents or the fee payment is incorrect, will be rejected and then you will receive a notice stating that the application was incomplete. The applicants may then have to file again with all the correct information.

Once your application is approved, the USCIS will conduct an interview. You may then be required to submit original documents as reference at the time of the interview. If the USCIS finds you are eligible for Citizenship Certificate Replacement, your application will be approved. You will be notified in writing about the approval and your new certificate will be sent to you to your mailing address. If your application is denied, USCIS will notify you in writing, stating the reason for rejection.

Procedure and Documentation Required to Obtain a Fiancée

Procedure and Documentation Required to Obtain a Fiancée Visa

If you are a US citizen planning to get married in the US, and your fiancé/fiancée is a foreign national, you can find solution to your problem by applying for a fiancée visa or K-1 visa.

Application Process of K-1 or Fiancée Visa

Before applying for a K-1 visa, the US citizen, on behalf of the foreign fiancé(e), has to file a Petition for Alien Fiancé or Form I-129F, at the nearest USCIS office in his/her locality or at the nearby US consulate, if the citizen is living abroad. After the approval from the USCIS, this petition goes to the National Visa Center for further processing, from where it is sent to US Embassy.

It is in this Embassy or US Consulate that your fiancé(e) has to apply for a K-1 non-immigrant fiancée visa, which is valid up to 90 days. This US Embassy’s Consular section will guide the foreign fiancé(e) with details about what documents are needed and how to go about the application. Along with the documents, the fiancé/fiancée has to go through an interview where a digital, ink-free fingerprint scan will also be done for later identification of the person.

Things to be noted:

Within 90 days of entering the United States, your fiancé(e) must get married to you. In case the marriage doesn’t happen within the stipulated period, or your fiancé doesn’t marry you, your fiancée has to leave US, as extension of this fiancée visa is not a possible option. If this visa expires and the marriage did not take place, your fiancé will have to leave the US and will need a new visa to re-enter.

Both your fiancé(e) and you must be legally free to marry each other. So “legal proof” must be available to show that both of you are eligible to marry, and that if either or both of you were married earlier, that marriage was ended legally. Moreover, both of you must have met in the last two years before filling a petition. However, exemptions are possible, if meeting each other can create problems for both of you or is against your religious traditions and customs.

This petition can only be filed by US citizens. Green Card holders or permanent residents have to marry outside US, and then file Form I-130 to petition their spouse to immigrate to the US.

The Documentation Required

Clear photocopies of the following necessary documents are to be attached with the fiancée visa application. Any document that is not in English has to be translated and the translations have to be attached along with a certificate from the translator certifying his/her qualification to translate. Any original document if required will be requested from you and will be returned at the time of the interview or later.

1. A passport for traveling to US with an expiry date later than 6 months or more
2. Birth Certificate.
3. Death or divorce record of any earlier spouse of you and your fiancé(e).
4. Medical examination report.
5. Police verification document from all the places lived, since the age of 16 years.
6. USCIS Form I-134; Affidavit of Support may be submitted as a proof of financial capability.
7. Proof of relationship with the fiancée/ fiancé.
8. Two Nonimmigrant Visa Applications
9. Two visa photos of the nonimmigrant
10. One Nonimmigrant Fiancée Visa Application, Form DS-156K.

US Citizens Marrying Abroad

A US citizen marrying abroad has to file a petition Form I-130, for immigration of the alien spouse, after the marriage with the United States Citizenship and Immigration Services (USCIS, previously INS) in the United States. At times, this petition may be filed at the U.S. Embassies or Consulates outside US, but prior information must be collected, as not every consulate has this provision.

United States Citizenship Requirements

A US citizen is said to be a loyal and legal member of the United States, entitled to the complete protection of United States. One may obtain US Citizenship by birth in the United States or by birth abroad to US Citizens. Another way to obtain U.S. Citizenship is through Naturalization. This applies to individuals who are born abroad and not to US citizens.

Many rights are given to both citizens and non – citizens. However, US Citizens are afforded the most rights. Most importantly, they are given the right to vote, sponsor family members to become permanent residents of the United States, obtain citizenship for their children who are born abroad, travel with a US passport, be eligible to work in the federal government and hold an elected, political office.

Form N-400, Application for Naturalization

There are two ways in obtaining US citizenship. The first is by birth in United States or by birth abroad to US Citizens. The second way is through Naturalization. It is the process by which a foreign national becomes a US citizen once he/she is eligible to obtain citizenship. A foreign individual citizen who wishes to obtain US Citizenship through Naturalization must file the form N400 (Application for Naturalization). There are many United States citizenship requirements to be met when applying for US Citizenship through Naturalization.

In order to be naturalized, the first United States citizenship requirement is that the applicant must be a legal permanent resident of the United States. There is an exception for people who served honorably in the US armed forces at of times of war. The second requirement is that the applicant must be at least 18 years of age at the time of filing the application for naturalization. Again there is an exception for those who served honorably in the US military during times of war or are the unmarried children of at least one US citizen parent.

The next United States citizenship requirement is that the applicant must satisfy the residency prerequisite. The applicant must have been a permanent resident for at least 5 years and meet all other eligibility requirements. If the applicant is married to a US Citizen, he/she must be living with the same US Citizen for 3 years. A person is permitted to file their N400 application 3 months prior to meeting the physical presence requirement.

In addition to the requirements mentioned above, the applicant must maintain continuous residence which means that a prolonged absence from the U.S. will break the continuity of the applicants residence in the U.S. for naturalization purposes. Also the applicant must reside within the state or within a US district for at least 3 months before filing the application. Applicants must know to read, write and speak English and are required to pass a civic test on the history and government of the United States.

Finally, the applicant must be an individual of good moral character and must be willing to take an oath to uphold and defend the United States Constitution.

How to Obtain Proof of Your US Citizenship?

You just obtained your US Citizenship through the naturalization process. So how do you prove that you are an US Citizen? If you are born on US soil, your birth certificate that is issued by the US government is the primary proof of your citizenship. In case where you become a US Citizen through the naturalization process, your Certificate of Naturalization serves as proof of your US Citizenship. In the case that you lose or need to replace your Certificate of Naturalization, you can file Form N565 in order to obtain a new one from the USCIS.
In case that you were born outside the United States to US citizens, you may be eligible for a Certificate of Citizenship, if you meet the requirements. When US citizens give birth to children outside the United States, they should register the birth of their children at the US Consulate abroad in order to obtain a Consular Registration of Birth Abroad. This is very much like a birth certificate. It is important to note if this document is lost, you will not be able to obtain a duplicate copy.
Passports
The process of obtaining a US passport is pretty straight forward if you were born in the US. If you were born abroad, then there are certain additional requirements to establish eligibility for a US passport. This includes:

• proof of your parent’s US citizenship; and
• proof that your parents maintained their residency requirements in the US, unless otherwise exempt by law.

The proof can generally be in the form of tax records, employment records, birth certificates or citizenship certificates, just to mention a few.
Certificates of Citizenship and Naturalization
As mentioned above, the Certificate of Citizenship can also serve as proof of your US Citizenship. One can obtain such a document by filing Form N600 with the USCIS. You have to meet certain requirements in order to be eligible for this document, such as being the biological child born abroad to US citizens or a child born abroad and adopted by US citizens. As this process takes time, getting a US passport is generally opted as a proof. If you obtained US citizenship through naturalization, a Certificate of Naturalization is much easier to obtain. Proofs in the form of birth certificates, naturalization certificates can be included to claim the US citizenship. In the case that you need to obtain a new copy of a Certificate of Naturalization or a Certificate of Citizenship because it was damaged, lost or your name changed due to marriage or divorce, then you should file Form N565 to obtain a new one.
Certificate of Consular Registration of Birth
In case your were born was outside the United States to US Citizen parents, your parents should have registered your birth with the US Consulate within 5 years of your birth. If so, then a Consular Registration of Birth Abroad would have been issued for you, which is proof of your US citizenship. In case your parents failed to register your birth within the five-year mark, or in the case that lost the document, then the only way to obtain proof of your US citizenship is to apply for a US passport or file Form N600 with the USCIS to obtain a Certificate of Citizenship.

USIS, USCIS, INS, Immigration and Naturalization Office

The USIS is the acronym for the United States Information Service. It is the overseas name for the no longer existing United States Information Agency. The USIS is a name that was sometimes used in the past, both officially and non-officially, to refer to at the very least one of the many United States federal agencies of the executive branch which has implemented United States Immigration Law. Today the main office is the United States Immigration and Customs Enforcement.
The USIS is confused today with many immigration services. They still refer to the USIS as the United States Information Service. There are many USIS state parks that you can visit and tour but the division of the USIS in immigration exists no more.
The USCIS is the United States Citizenship and Immigration Services. It is often confused with the USIS. Remember the USIS is the overseas term for the United States Information Service.
The INS refers to the Immigration and Naturalization Service. This is not the current agency for immigration although many people still use the name. The INS is no longer in existence. The USCIS, or the United States Citizenship and Immigration Services, not the USIS, is the current and correct name of the administration and agency that administers immigration and naturalization services in the United States.
In March of 2003 after the Homeland Security Act of 2002 came into effect the former functions of INS were placed under three bureaus all within the scope of the Department of Homeland Security. Remember the USIS no longer was a part of this. The three bureaus are the USCIS, not the USIS, the ICE, which is the Immigration and Customs Enforcement and the CBP, which is the Customs and Border Patrol.
Since the first immigration office was created over a century ago with the USIS being one of those along the way, the services have evolved. This evolvement started in 1891 and the one we are currently under in the United States has been enacted since 2003.
In 1906, the Bureau of Immigration and Naturalization came into being. That bureau stayed in effect until 1913 when the bureau divided into two separate agencies; the Bureau of Immigration and the Bureau of Naturalization. Both of these bureaus were placed under the name of the new Department of Labor.
Therefore currently the Department of Homeland Security is the head agency with the three agencies underneath it. These agencies do not include the USIS. They all do, however, have their own unique services they offer to foreign individuals looking to come to the United States.

H-2B Visa Application Process

The process for an H-2B visa begins with the U.S. employer filing ETA Form 9141, Application for Prevailing Wage Determination, with the Chicago National Processing Center (CNPC). Next, the U.S. employer should submit a job order with the State Workforce Agency (SWA) of the U.S. Department of Labor (DOL) serving the area where the employment is intended. After receiving the application, the SWA will check the job order request for errors or omissions, prepare a job order, and keep it in the Employment Service System for 10 days (but not more than 120 days) before the workers are actually needed.
After filing the application with the SWA, the U.S. employer has to show that it has made all efforts to recruit U.S. workers for a specific job before beginning to recruit foreign nationals to fill that particular position under an H-2B visa. This process begins by contacting local unions. The employer should maintain copies of any correspondence with the unions contacted as well as a record of the outcome and any qualified referrals received from the union. The U.S. employer should also post two printed advertisements for three consecutive days in a general circulation newspaper, including one Sunday newspaper, in the area of the intended employment. Alternatively, the employer can post its advertisement in a professional, trade, or ethnic publication, depending on which course of action is most appropriate for the occupation and most likely to bring responses from U.S. workers. These advertisements must be published at the same time that the SWA job order is posted.
After the U.S. employer has completed its recruitment process, the employer continue the H-2B visa application process by submitting an ETA form 9142, Application for Temporary Employment Certification, along with Appendix B.1 and a Recruitment Report to the CNPC. This application can be filed up to 120 days before the workers are needed. A certifying officer at the CNPC will review the applications to confirm that they are compliant. Next, the U.S. employer must file a visa petition, Form I-129, with U.S. Citizenship and Immigration Services (USCIS). On approval of the visa petition, the employee abroad will submit his or her own application for an H-2B visa to a U.S. consulate. The employee can use their visa to enter the U.S. and claim their H-2B visa status.
After mailing in the petition, the employer should receive a Form I-797, Notice of Action, within a few weeks, which is confirmation that the H-2B visa papers are being processed and also acts as a receipt for the fee submitted. If USCIS wants further information before deciding whether to issue an H-2B visa for the foreign worker, it will issue a Request for Evidence. The employer should provide the extra data requested and mail it to the USCIS service center. Instructions on where to send the additional evidence as well as a deadline for submission will be detailed on the Request for Evidence.

USIS, USCIS, INS, Immigration and Naturalization Office

The USIS is the acronym for the United States Information Service. It is the overseas name for the no longer existing United States Information Agency. The USIS is a name that was sometimes used in the past, both officially and non-officially, to refer to at the very least one of the many United States federal agencies of the executive branch which has implemented United States Immigration Law. Today the main office is the United States Immigration and Customs Enforcement.
The USIS is confused today with many immigration services. They still refer to the USIS as the United States Information Service. There are many USIS state parks that you can visit and tour but the division of the USIS in immigration exists no more.
The USCIS is the United States Citizenship and Immigration Services. It is often confused with the USIS. Remember the USIS is the overseas term for the United States Information Service.
The INS refers to the Immigration and Naturalization Service. This is not the current agency for immigration although many people still use the name. The INS is no longer in existence. The USCIS, or the United States Citizenship and Immigration Services, not the USIS, is the current and correct name of the administration and agency that administers immigration and naturalization services in the United States.
In March of 2003 after the Homeland Security Act of 2002 came into effect the former functions of INS were placed under three bureaus all within the scope of the Department of Homeland Security. Remember the USIS no longer was a part of this. The three bureaus are the USCIS, not the USIS, the ICE, which is the Immigration and Customs Enforcement and the CBP, which is the Customs and Border Patrol.
Since the first immigration office was created over a century ago with the USIS being one of those along the way, the services have evolved. This evolvement started in 1891 and the one we are currently under in the United States has been enacted since 2003.
In 1906, the Bureau of Immigration and Naturalization came into being. That bureau stayed in effect until 1913 when the bureau divided into two separate agencies; the Bureau of Immigration and the Bureau of Naturalization. Both of these bureaus were placed under the name of the new Department of Labor.
Therefore currently the Department of Homeland Security is the head agency with the three agencies underneath it. These agencies do not include the USIS. They all do, however, have their own unique services they offer to foreign individuals looking to come to the United States.

How To Apply for a Fiance(e) Visa

On 10.29.09, In , By Immigration Direct

How do I apply for a fiance(e) visa?

If you are a US citizen, you can bring your foreign national fiance(e) to the US in order to get married. Your fiance(e) will need a K-1 visa, or fiancee visa. Your marriage must occur within ninety (90) days of your fiance(e)’s entry into the US. Your fiance(e)’s children can also enter the US if they are unmarried and under age twenty-one (21).

The first step in the K-1 fiance(e) visa application process is completed in the US by you. You must be a US citizen in order to be eligible to receive a K-1 visa for your fiance(e). You will need to complete Form I-129F, Petition for Alien Fiance(e), and file it with the US Citizenship and Immigration Services (USCIS). This form is three (3) pages long and asks for information about you and your fiance(e). Additionally, you and your fiance(e) both need to complete Form G-325A, Biographic Information, to send with the fiancee visa application. Form I-129F and Form G-325A are the two (2) fiance(e) visa forms that need to be filed with the USCIS.

Next, you should gather all of the supporting documents required for the fiance(e) visa application. These documents will be filed along with the fiance(e) visa forms mentioned above. You will have to submit proof that you are a US citizen. You can submit a full copy of all pages of your US passport to prove your citizenship. If you do not have a passport, you can prove your citizenship with other documents as well, such as a copy of a birth certificate, certificate of naturalization, certificate of citizenship or Form FS-240, Report of Birth Abroad of a US Citizen.

You must prove that both you and your fiance(e) can legally marry each other. If you or your fiance(e) have previously been married, you must submit proof that those marriages have been legally terminated. You must also show the USCIS that you have met your fiance(e) in person within the last two (2) years. You could prove this with travel itineraries, pictures of you and your fiance(e) together, and notarized affidavits given by you and your fiance(e), for example. There are limited exceptions to the requirement to meet in person. If you have never met your fiance(e) in person, you will have to prove that you have not met due to extreme hardship or that you have not met because it is against your custom, culture, or social practice.

In the fiance(e) visa application, you must prove that you truly intend to marry your fiance(e) within ninety (90) days after he or she enters the US. You should submit statements from both you and your fiance(e) declaring your intentions to marry. You may also submit any additional proof of this intent, such as wedding plans or invitations. You should file the fiance(e) visa application with a passport-style color photograph of yourself and a passport-style color photograph of your fiance(e). These photographs must be taken within thirty (30) days of the filing of the fiance(e) visa application.

If you’ve ever been convicted of certain violent crimes or certain crimes involving controlled substances, you need to submit a certified copy of all of your criminal records and police records with the fiance(e) visa forms. Please consult the list on page 3 of the instructions to Form I-129F if you are unsure whether you need to send your criminal record to USCIS. If your fiance(e) visa application is approved, a copy of your court and police records will be given to your fiance(e) at his or her visa interview.

If the USCIS approves your fiance(e) visa application, it will forward the approval to the National Visa Center for processing. Then the petition will be sent to the U.S. consulate located in your fiance(e)’s home country. Your fiance(e) must then complete the second stage of the fiance(e) visa application and appear at the consulate for an interview.

Before the visa interview, your fiance(e) will need to complete the required medical examination. Your fiance(e)e should contact the consulate in his or her home country to obtain a list of doctors that are qualified to provide the examination. Your fiance(e) will also need to obtain two (2) passport-style photographs to bring to the visa interview.

Your fiance(e) must complete two fiance(e) visa forms: Form DS-156, Nonimmigrant Visa Application and Form DS-156K, Nonimmigrant Fiance(e) Visa Application. Your fiance(e) may also be required to provide Form I-134, Affidavit of Support. This form needs to completed by you and shows that you have enough financial resources to support your fiance(e) if you should need to do so. Your fiance(e) should come to the interview with a valid passport, birth certificate, and evidence of his or her relationship with you and intention to marry you within ninety (90) days of arriving in the US. This evidence can be similar to the evidence you provided to USCIS in the first stage of the fiance(e) visa application. Results of the required medical exam must be submitted at the time of the visa interview. Your fiance(e) will also need to pay various fees associated with issuing the visa. Check with the consulate before your fiance(e)’s interview because procedures vary slightly from consulate to consulate.

At the K-1 visa interview, a consular officer will determine if your fiance(e) is eligible for the K-1 visa. The officer will probably ask questions about how your fiance(e) met you and how you became engaged. If everything is in order, the consular officer will grant your fiance(e) a K-1 visa. If your fiance(e) has unmarried children under age twenty-one (21), these children may enter the U.S. with your fiance(e). These children must appear at the interview to obtain visa stamps in their passports.

You and your fiance(e) must marry within ninety (90) days of your fiance(e)’s entry into the United States. If for any reason you do not marry, your fiance(e) must leave the US before the ninety (90) days have passed. After the marriage, you may file with the USCIS to get permanent resident status for your new spouse.

Click here to prepare your K-1 fiance(e) visa at ImmigrationDirect.com.

Click here to prepare an application for permanent residency for your foreign spouse at ImmigrationDirect.com.

Signing, Expediting and E-filing the USCIS Application

Signature Requirements for USCIS Forms

Applicants and petitioners have to sign their respective USCIS applications and petitions. The signature must be original. Parents and legal guardians can sign on behalf of their children under age 14. Legal guardians can sign for applicants who are incompetent to sign. Under such circumstances, the USCIS application package should include evidence of parentage or legal guardianship if not otherwise required for the immigration benefit that is sought for. There are electronic signature rules that apply to forms that are filed electronically in accordance with the instructions on the form.

Attorneys and accredited representatives filing any petition or application on behalf of petitioners and applicants have to signForm G-28, Notice of Appearance, and include the original along with the application package. The petitioner or applicant or his/her legal guardian for children under age 14 has to sign the Form G-28 in the original. USCIS accepts original Form G-28 that has the facsimile signature of the attorney or accredited representative, such as a stamped signature as allowed under the regulations governing the filing of applications and petitions and longstanding operational guidance.

Expedite Criteria

The USCIS reviews all expedite requests on a case-by-case basis, and are granted at the sole discretion of the Director. The applicant or petitioner has to demonstrate that one or more of the expedite criteria have been met. The criteria are as follows:

• Severe financial loss to company or individual
• Extreme emergent situation
• Humanitarian situation
• Nonprofit status of requesting organization in furtherance of the cultural and social interests of the US.
• Department of Defense or National Interest Situation (Note: Request must come from official United States government entity and state that delay will be detrimental to our government)
• USCIS error
• Compelling interest of USCIS

If you have already filed your USCIS application or petition, you can make an expedite request by contacting the National Customer Service Center (NCSC) at the toll-free telephone number 1-800-375-5283. The NCSC will take a “service request” and forward your expedite request to the office with jurisdiction over the application or petition. You also can either visit your local office by scheduling an Info Pass appointment or write a letter to the local office or service center.

E-Filing the USCIS Application

If you have decided to e-file your USCIS application, check the eligibility information to see if e-filing is the right filing option for you. You should have a recent version (8 or higher) installed on your computer and also have Netscape (version 4.7 or higher) or Internet Explorer (version 5.0 or higher) installed on your computer.

Benefits of Filing Online

• You can file your application from anyplace that has a computer with an Internet connection.
• You can pay the fees with a credit card or directly through your checking or savings account
• You can receive immediate confirmation that your application has been received by USCIS

Note that you will not be able to e-file if you are applying for a waiver of the filing fee or requesting that your case be expedited.

There may be some circumstances in which e-filing may not be the suitable option. Ensure that you review the form instructions prior to e-filing. If e-filing is not the best option for you, you can check the instructions for the paper version of the form.

H-2B Visa Application Process

The process for an H-2B visa begins with the U.S. employer filing ETA Form 9141, Application for Prevailing Wage Determination, with the Chicago National Processing Center (CNPC). Next, the U.S. employer should submit a job order with the State Workforce Agency (SWA) of the U.S. Department of Labor (DOL) serving the area where the employment is intended. After receiving the application, the SWA will check the job order request for errors or omissions, prepare a job order, and keep it in the Employment Service System for 10 days (but not more than 120 days) before the workers are actually needed.

After filing the application with the SWA, the U.S. employer has to show that it has made all efforts to recruit U.S. workers for a specific job before beginning to recruit foreign nationals to fill that particular position under an H-2B visa. This process begins by contacting local unions. The employer should maintain copies of any correspondence with the unions contacted as well as a record of the outcome and any qualified referrals received from the union. The U.S. employer should also post two printed advertisements for three consecutive days in a general circulation newspaper, including one Sunday newspaper, in the area of the intended employment. Alternatively, the employer can post its advertisement in a professional, trade, or ethnic publication, depending on which course of action is most appropriate for the occupation and most likely to bring responses from U.S. workers. These advertisements must be published at the same time that the SWA job order is posted.

After the U.S. employer has completed its recruitment process, the employer continue the H-2B visa application process by submitting an ETA form 9142, Application for Temporary Employment Certification, along with Appendix B.1 and a Recruitment Report to the CNPC. This application can be filed up to 120 days before the workers are needed. A certifying officer at the CNPC will review the applications to confirm that they are compliant. Next, the U.S. employer must file a visa petition, Form I-129, with U.S. Citizenship and Immigration Services (USCIS). On approval of the visa petition, the employee abroad will submit his or her own application for an H-2B visa to a U.S. consulate. The employee can use their visa to enter the U.S. and claim their H-2B visa status.

After mailing in the petition, the employer should receive a Form I-797, Notice of Action, within a few weeks, which is confirmation that the H-2B visa papers are being processed and also acts as a receipt for the fee submitted. If USCIS wants further information before deciding whether to issue an H-2B visa for the foreign worker, it will issue a Request for Evidence. The employer should provide the extra data requested and mail it to the USCIS service center. Instructions on where to send the additional evidence as well as a deadline for submission will be detailed on the Request for Evidence.

What is the Government INS?

Anyone visiting United States for the first time generally has some plans in mind to gain permanent residence or citizenship in USA. There are several requirements, which should be fulfilled in order to become a permanent resident or citizen of USA.

To provide services to the immigrants, the government of United States had established a separate department, United States Immigration and Naturalization Services – the government INS. The task of this department was to facilitate and provide information and services relating to Immigration and Naturalization and enumerate all the legal processes involved.

Understanding INS

The department of government INS was established in 1933. It was formed by the amalgamation of two departments that were earlier involved in the same tasks on individual capacities. After 2003, this department came under the purview of the Department of Homeland Security. The government INS was divided into US Citizenship and Immigration Services (USCIS), Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP). USCIS is in charge of immigration service functions.

The process of immigration and naturalization is carried out under USCIS. The main purpose of this department is to verify the eligibility and grant legal status under various categories for the immigrants, either as nonimmigrants, permanent residents or citizens of United States.

To avail the government INS services, immigrants have to comply with the eligibility requirements, details of which can be found on the official website of the USCIS. The requirements differ for each visa category and also for citizenship.

Responsibilities of the INS

Though the Bureau of Immigration and the Bureau of Naturalization were consolidated to form the INS, there was a significant reduction in the INS’s work force. Immigration numbers dropped in the 1930s and the agency had more work with the deportation of illegal aliens, and a lot of repatriation in the later years.

Immigration began to be looked at as a security issue rather than an economic issue and therefore was moved to the Department of Justice from the Department of Labor. The government INS witnessed rapid growth during World War II as its responsibilities in relation to the security of the nation increased. INS had to keep track of all aliens legally within the country as well as the enemy aliens. They also had to handle clearance for persons leaving on defense duty and arriving for agricultural work, which was needed because the Americans were leaving to take part in the war. INS installed a new system for record keeping, increased its work force and brought about the implementation of the Nationality Act of 1940.

The government INS also instituted various immigration Acts to help address the post-war situations. It focused on the increasing number of illegal aliens living and working in the country and on deportation of persons involved in organized crime, illegal activities and communism. The government INS put into place the preference system to help family members of immigrants reunite. It was also looking at attracting a qualified work force to the nation. One of its other responsibilities was to bring in a policy regarding the admittance of refugees. The Immigration Reform and Control Act of 1986 gave the INS the additional responsibility of tracking and handling people working without documents and employers who employed these undocumented persons. INS was also expected to administer the process under the same act which allowed certain illegal aliens to legalize their status.

The government INS was involved in providing temporary and permanent immigration benefits to persons entering the US. INS was responsible in the immigration checks at ports of entry and admittance of eligible immigrants. It also administered other benefits like green card status and naturalization for those who were interested and qualified for the same. INS was also more involved in tracking and removing undocumented persons entering the US and also removing those who overstayed or violated conditions of their stay.