Monday, August 29, 2011

American Green Card

An American Green Card is proof that a foreign national was granted permanent residency in the United States. The green card holders have the right to live, work and study in the US on permanent basis.
In order to get an American green card, a person has to meet certain conditions. There are several categories by which a foreign national may qualify for a green card, with the first three being the most common. The broad categories are as follows:
1. the family based green card
2. the employment based green card.
3. Via the diversity lottery.
4. As a refugee or asylum seeker.
5. Because of large financial investment which creates American jobs.
6. Through the ‘registry’, this confers legal residency on people who have been in the country for a long time.
For most of these categories, an initial visa is needed to enable you to enter the country. Some people are legally allowed to travel to the USA on the visa waiver program (using the I94 form) but adjustment of status to permanent legal resident using this program is frowned upon.
Once you are settled in the country and have met any other requirements for your class of visa, you must then petition for the adjustment of your status to that of legal permanent resident. This will grant you the green card either temporarily or long term depending upon your criteria.
The family based green card is the easiest to obtain, as there is no limit on the number that can be awarded to immediate family members. That includes spouses, unmarried children under the age of 21 and parents. For visas for other family members there is an annual limit to the number awarded, meaning that a visa may not be available until you’ve been on a waiting list for some time.
The diversity lottery is probably the easiest way to gain permanent residency but is also not very likely to succeed. There are 50,000 visas offered each year, but for each one there are approximately 160 applicants. Applicants need only to apply following the guidelines that are issued, and be resident in an eligible country. The eligible countries are those which otherwise have low levels of applications for the permanent resident card.
A work based visa is issued on the basis of your employer needing your services in the USA. For it to be issued, your skills must be unique and not able to be filled by an American worker in the local area. The Department of Labor may investigate the labor situation and will only issue the certification once they are sure that there is no one else available to do the job, and that your pay scale will not undercut or damage local comparable pay conditions.
The remaining categories for granting a person an American green card have more stringent and restrictive requirements. It may mean that they remain on a waiting list for ten or more years but the visa are granted annually according to the limits set.

Friday, August 26, 2011

Coming to the US on an R1 Visa


Coming to the US on an R1 Visa

Foreign nationals can come to the US through the immigrant or non immigrant visa category. Immigrants come with an intention to live permanently in the US whereas non immigrants only intend to stay temporarily for a specific purpose, like for tourism or medical treatment.
There are many kinds of non immigrant visas. Each visa is granted for a different purpose and each is known by a letter-number combination as well as by a name. When a person gets a non immigrant visa, he/she is expected to perform only specific, authorized activities while in the US. The person is therefore given a special visa authorizing that activity for a determinate, limited time.

The R1 Visa

The R1 visa is for workers with a religious vocation wishing to come to US to work temporarily for a non-profit religious organization.
Religious workers are ministers of religion who are authorized by a recognized denomination to conduct religious worship and perform other duties usually performed by members of the clergy (such as administering the sacraments). It does not apply to lay preachers. Religious vocation means a calling to religious life, evidenced by the demonstration of a lifelong commitment, such as the taking of vows. Examples of religious vocations are nuns, monks, and religious brothers and sisters.
Religious workers who wish to stay in the US permanently may file Form I-360. This form is used to petition for status as a special immigrant. It allows a religious organization to request permanent resident status (green card status) for a religious worker.
Foreign nationals (ministers or who work in religious occupations) can come to the US for temporary employment by a non-profit religious organization through the R1 visa. The religious worker should have an official job offer from a tax-exempt religious organization. The job offer has to be for at least part-time employment (at an average of at least twenty hours per week).

Criteria to Qualify for an R1 Visa

  • The foreign national religious worker should have been a member of a religious denomination for at least two years immediately before filing of the petition.
  • The religious denomination should be a bona fide non-profit religious organization in the US.
  • The person comes to the US to work solely:
  1. As a minister of that denomination; or
  2. In a professional position in a religious vocation or occupation for that organization; or
  3. In a religious occupation for the organization or its non-profit affiliate.
An R1 visa holder can stay in the US for up to thirty months and can then extend his/her status for an additional thirty months, for a maximum of five years in the same R1 status.

Features of the R1 Visa Category

  • An R1 visa holder can travel freely in and out of the US.
  • There are no numerical limits to R-1 visas.
  • An R1 visa holder can receive payment for services he/she renders.
  • R1 status is valid up to thirty months and can further be renewed for an additional thirty months, for a total of five years.
  • Accompanying spouses or unmarried children under the age of 21 can get R 2 visas. Though R 2 visa holders cannot work in the US, they can study in US primary and secondary schools.

The Differences Between the F1 Visa and M1 Visa


The Differences Between the F1 Visa and M1 Visa

F1 visa and M1 visa are the two categories of visas that are issued to international students who wish to study in United States. A student visa is a non-immigrant visa because it is issued to people who do not intend to stay in the US permanently. International students who come to the US to pursue full time academics or gain professional skills are generally given one of these two non immigrant visas.

F1 Visa

F1 visa is for students attending a full-time degree or academic program at a school, college, or university approved by U.S. Immigration and Customs Enforcement in compliance with the Student and Exchange Visitor Information System (SEVIS).

M1 Visa

M1 visa is for students enrolled in non-academic or “vocational study”. Mechanical studies, technical studies, cooking classes, language programs, flight school or cosmetology program are a few that come under “vocational study”. The M1 visa is valid for only one year. Students may apply for extensions for up to three years.
Unlike the F1 visa, M1 visa holders are only authorized to reduce their course of study below full time for medical reasons and for a maximum aggregate period of six months. While F1 visa holders have freedom to transfer schools, M1 students are generally only free to transfer schools within the first six months of the program.

Student Visa Application

The first step in applying for a F1 visa or M1 visa is getting a SEVIS generated I-20 form from the university or college that the student intends to attend.
With the exception of citizens of Canada and Bermuda, other students should apply for an F1 or M1 student visa at a U.S. consulate in their place of residence. You should show that you have been accepted at a SEVP certified institution and also prove that you have the financial means to pay for your course of study. You should also have required English proficiency. You should also ensure that you will return to your home country at the end of the academic or vocational program.
On your arrival in US, you will get a special Form I-94 which will contain your admission number to US. This admission number will be written on USCIS Form I-20 A-B/ ID by the immigrant officials. The first two pages of this form, known as I-20 A-B/ID will then be sent to your institute as a proof of your legal admission to US. The third and fourth page known as I-20 ID will be in your custody which will work as the proof of your admission to US under the student category. You should also keep your I-94 form as it is the proof of your legal entry to US.
When you enter US on a student visa application, your entry is usually legal for as long you possess the student status. This means that you can live in US even after you F1 visa has expired but you are still a student in the institute. Once your course mentioned in I-20 or any authorized practical training is completed, you still get 60 days to prepare for the departure from US or get enrolled in another program. If you leave the U.S. before your status expires and want to return, you need to present only the I-94 card and Certificate of Eligibility at the port of entry and you will be admitted again.

Wednesday, August 24, 2011

National Interest Waiver- The Application Process


National Interest Waiver- The Application Process

You have to file Form I-140, Immigrant Petition for Alien Worker with the USCIS. Normally, a US employer will file this petition to sponsor an employee, but immigrants applying for a National Interest Waiver can apply on their own.
Along with the petition, you will also have to include extensive supporting documentation of your eligibility for a National Interest Waiver. Ensure that your evidence is in an easy to understand manner that substantiates why you qualify for the National Interest Waiver.
The petition should also include a letter addressed to USCIS that provides a summary of your case. It should include:
  • a description of your field and your area of expertise.
  • a description of your work and how it affects the field, including a discussion of your work’s current and future applications and an explanation of how this work is in the national interest of the US.
  • an explanation of why someone with your high level of skill is required to perform the job that you intend to perform in the US. You should have supporting evidence to back up the statements you make in this letter.
You can include the statement you wrote about your work, your field, and your exceptional ability in the petition cover letter. If you do have a job offer in the US, provide details about your future employer. You should also provide a detailed description of the specific job you will perform in the US.
You have to be systematic and thorough when writing the petition cover letter. The letter should be written in simple English. The USCIS officer who is deciding your case cannot determine that you qualify for a National Interest Waiver unless he/she can understand what you do. So your petition cover letter should be easy to read, informative, and convincing.
Consular Processing (If you are applying from outside of the US)
After your petition is approved by USCIS, they will forward it to the National Visa Center, which processes all immigrant visas for applicants living abroad. The National Visa Center will issue an immigrant visa packet to you containing instructions on how to apply for your visa at a US consulate abroad.
You and any accompanying family members will need to get the required medical examinations and police clearances as described in the immigrant visa packet. You should also appear for an interview at a US consulate. At this interview, a consular officer will decide if you are eligible to receive an immigrant visa. The officer may ask you to describe your accomplishments and may review the evidence you provided in support of the petition you filed with USCIS. If the officer approves your application, you will receive an immigrant visa in your passport.
The immigrant visa will be valid for six months. Within this six month period, you have to enter the US. When you enter the US, an immigration officer will stamp your passport and you will become a legal permanent resident. The stamp in your passport is valid for one year and you can use it as proof of your status as a permanent resident (green card holder). Within a few months of your entry, you will receive your permanent resident card by mail at your US address.
Adjustment of Status (If you are applying in the US)
You have to file Form I-485, Application to Register Permanent Residence or Adjust Status. You may file this application at the same time as Form I-140 or after Form I-140 has been approved.

Wednesday, August 17, 2011

What is the USCIS


What is the USCIS?

The Unites States of America is often described as a “Melting Pot”. People from all over the world immigrate here in search of a better life for themselves and/or their families. Others come here seeking an advanced education at our colleges and universities. The U.S. Citizenship and Immigration Services (USCIS) is the federal agency assigned in overseeing the lawful immigration of foreign nationals who are temporarily or permanently settling in the United States and is responsible for granting or denying immigration benefits to those individuals. But besides legal entry, the USCIS also tackles those that illegally enter the United States, making sure that those individuals do not receive benefits, such as social security or unemployment benefits, and investigating, detaining, and deporting those illegally living in the United States.
The U.S. Citizenship and Immigration Services (USCIS) was established on March 1, 2003 and is under purview of the Department of Homeland Security (DHS). Before that date, the Immigration and Naturalization Service (INS) was responsible for all things related with immigration, including administrative and investigative functions. After the events of September 11, 2001, the U.S. Congress passed into law the Homeland Security Act of 2002, which led to the dismantling of the INS into three agencies within the DHS to enhance national security and improve efficiency: the US Citizenship and Immigration Service (USCIS), which is responsible for immigration service functions, such as those listed below; and the Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) bureaus, which handle immigration enforcement and border security functions. The USCIS was briefly named the US Bureau of Citizenship and Immigration Services (BCIS), before becoming USCIS.
Unlike most other federal agencies, the majority of the USCIS’ budget (99%) comes from fees the USCIS collects from processing millions of immigration benefit applications and petitions annually.
Some of the services provided by the the U.S. Citizenship and Immigration Services (USCIS) are:
Citizenship (Includes the Related Naturalization Process): Individuals who wish to become US citizens through naturalization submit their applications, such as the Form N-400, to the US Citizenship and Immigration Service. The USCIS determines eligibility, processes the applications and, if approved, schedules the applicant for a ceremony to take the Oath of Allegiance. The USCIS can help in determining the eligibility and provide documentation of U.S. citizenship for people who acquired U.S. citizenship through their parents by using Form N-600.
Immigration of Family Members: USCIS also manages the process that allows current permanent residents and US citizens to bring close relatives to live and work in the United States by submitting forms such as the Form I-130.
Working in the US: USCIS manages the process that allows individuals from other countries to come and work in the United States. Some of the opportunities are temporary, and some provide a path to a green card (permanent residence).
Verifying an Individual’s Legal Right to Work in the United States: USCIS manages the system that allows participating employers to electronically verify the employment eligibility of their newly hired employees.
Humanitarian Programs for Asylees and Refugees: USCIS administers humanitarian programs that provide protection to individuals inside and outside the United States who are displaced by war, famine and civil and political unrest, and those who are forced to flee their countries to escape the risk of death and torture at the hands of persecutors.
Adoptions: USCIS manages the first steps in the process for US citizens to adopt children from other countries.
Civic Integration: USCIS promotes instruction and training on citizenship rights and responsibilities and provide immigrants with the information and tools necessary to successfully integrate into American civic culture.

General Information About Immigration Forms

Using Immigration Forms

General Information About Immigration Forms


Immigration forms or USCIS forms can be downloaded and are in PDF format. In order to view, print, or fill out these forms, you should use the latest version of Adobe Reader which can be downloaded for free.
To ensure that you complete and submit your application correctly, make sure you carefully read any notices, warnings, or explanations on the Forms Entry Page (FEP) before you print (or download) the form itself, fill it out and send it to USCIS. Also make sure to verify the filing location of the forms for the specific benefit you are seeking.
All the immigration (prefixed with “I”) or naturalization (prefixed with “N”) forms com
e with detailed instructions about where to file and those instructions will differ with specific circumstances. If you do not file the forms with the appropriate office or with the correct fee, it might result in an application or petition being returned to you and will also result in further delay in processing. It is important to remember NOT to mail your application or petition to the “HQPDI” address on any form, (that address is for submitting comments on the form itself.)

Fees and Fee Waiver Information

A submission fee is required for most immigration forms. This fee has to be mailed along with the completed application. Do not forget to include your payment of all required fees, including any fingerprint fees, when you submit your application. Checks should be payable to “Department of Homeland Security”. You need not submit a completed fingerprint card (FD-258) with your application. USCIS will later notify you of the time and place where your fingerprints will be taken.
Based on an inability to pay, individuals may apply for and be granted a fee waiver while filing certain immigration forms. In such cases, you have to file Form I-912, Request for Fee Waiver, for requesting a fee waiver. The instructions page that comes with Form I-912 has information on the methodology that USCIS uses to make a decision on a fee waiver request, whether the request is submitted on Form I-912 or through a written statement by the applicant requesting a fee waiver.
To start with, the USCIS will determine whether the applicant is receiving a means-tested benefit, or whether the applicant’s household income level and/or recent financial hardship makes him/her eligible for the fee waiver.

Photographic Requirements

Most immigration forms require photographs to be submitted with the form. The specifications for photographs are given in the form instructions.

“Fillable” Immigration Forms

Forms are provided in a format that allows you to fill them out on your computer, print them out, sign and mail it to the appropriate USCIS office in order to file for a benefit.

Downloading and Printing Immigration Forms

Some of the forms are rather large files. To use them easily, you can download them directly to your local computer, instead of filling them out through your web browser. As mentioned earlier, you should use the latest version of Adobe Reader, which can be downloaded free.

Friday, August 12, 2011

H-1B Visa and L-1 Visa Fees Increases per the New Law by the USCIS

Last August 13, 2010, President Barrack Obama signed into law Public Law 111-230, which effectively increased the fees for H-1B Visa and L-1 Visa applications under the U.S Citizenship and Immigration Services (USCIS). The new law, which will continue to stay in effect until September 30, 2014, requires that particular H-1B Visa applicants pay an additional $2,000, while particular L-1 Visa applicants pay an additional $2,250 to the USCIS on top of existing fees.
However, it has been stated that the additional fees to the USCIS for H-1B Visa and L-1 Visa applications be shouldered by the applicants’ employers, and not by the petitioners themselves. The increase does not affect companies and employees looking to the USCIS to renew or extend the status of their H-1B Visa and L-1 Visa.
Not all employers and H-1B Visa and L-1 Visa applicants are subject to the fee increases, however. Public Law 111-230 only applies to companies and employers who already employ fifty or more employees with more than 50% of their employed staff with a USCIS certified H-1B Visa or L-1 Visa (be it L-1A, L-1B, or L-2) currently working in the United States. For H-1B Visa and L-1 Visa petitioners who fall under any of these categories, they are required to comply with Public Law 111-230 by submitting the additional USCIS fee along with their filing packet for either their H-1B Visa or L-1 Visa application.
On the other hand, petitioners whose company or employers do not fall under the aforementioned criteria are required to submit written evidence, attestation or statements to the USCIS justifying why the new fee increases are not applicable to their H-1B Visa or L-1 Visa application. These evidences or statements should then be submitted to the USCIS alongside any filled out forms, applications and documents pertinent to the H-1B Visa and L-1 Visa petition.
In a teleconference held by the USCIS, it was made clear that H-1B Visa and L-1 Visa applications submitted to the USCIS without the enclosed additional fees will not be out rightly returned or rejected. Instead, the USCIS will promptly issue Requests for Evidence (RFE) for H-1B Visa and L-1 Visa applications where they believe the additional fees are required or the necessary documentation to prove otherwise is either lacking and/or missing.
Public Law 111-230 also explicitly states that these new increases to the H-1B Visa and L-1 Visa petitions come in addition to already existing filing and application charges under the USCIS. For H-1B Visa applications to the USCIS, the additional $2,000 comes on top of the I-129 form fee, the Fraud Fee, the premium processing fee and the American Competitiveness and Workforce Improvement Act (ACWIA) fee. For L-1 Visa applications to the USCIS, the additional $2,250 comes on top of the I-129 form fee, the Fraud Fee, and the premium processing fee.

Thursday, August 11, 2011


What are the advantages of US citizenship?

What are the advantages of US citizenship?
There are many advantages of US citizenship.  Becoming a US citizen entitles one to benefits that are not available to Green Card holders including the right to vote, the ability to travel with a US passport, and preference in sponsoring relatives for US citizenship.
One of the advantages of US citizenship is the right to vote in local and national elections.  By voting, US citizens can influence local, state, and federal politics.  They can elect political representatives and make their voices heard on taxes, schools, and foreign policy, among other issues.   US citizens can also be elected to public office.  Additionally, they are eligible for certain unelected government jobs and certain jobs requiring security clearances that are not available to Green Card holders.  US citizens can make a big impact in the accountability and efficiency of the US government.
Another of the advantages of US citizenship is the ability to obtain a US passport.  Having a US passport makes it easier to travel in many areas of the world.  In fact, US citizens do not need to apply for a visa before entering many countries, including the United Kingdom, France, Japan, and Australia.  US passport holders can take advantage of services offered by US embassies located all over the world if they should ever require assistance while traveling abroad.
US citizens are not required to carry proof of their citizenship at all times, while Green Card holders must always carry proof of authorization to be in the United States.  There is no requirement for citizens to renew their US citizenship once it is granted, but Green Card holders must renew their Green Cards every ten (10) years.  This requires the filing of an application and payment of a fee.  Green Card holders may face deportation if convicted of certain types of crimes, whereas US citizens do not face this penalty.  US citizens can never be deported, which is another of the major advantages of US citizenship.
US citizens can spend as much time as they like outside of the US with no immigration consequences. Green Card holders may lose their status as permanent residents if they spend too much time outside of the US because of certain legal requirements to be physically present in the US.   If Green Card holders lose their status, they have to start the process of permanent residence all over again, which takes time and costs money.
US citizens can petition for Green Cards for their family members.  While Green Card holders can do this as well, the process is considerably faster if the petitioner is a citizen because the family members of US citizens are given priority by the government.
A more intangible advantage of US citizenship is the sense of belonging that citizens feel.  Obtaining citizenship helps people feel a part of the community of the United States of America.  It is one of many ways to demonstrate commitment to the country and its ideals.
Click here to prepare your US citizenship application online at ImmigrationDirect.com.

Tips when Filing USCIS Immigration Forms


Tips when Filing USCIS Immigration Forms

Tips when Filing USCIS Immigration Forms
Filing an application or petition with USCIS can seem like an overwhelming task. Applicants are well advised to do their homework ahead of time. Avoiding common mistakes and oversights can save a lot of time and anxiety while the petition or application is pending with USCIS.
General Tips:
1.)  Most immigration forms come with detailed instructions.  It is important to follow the USCIS form’s instructions carefully so that you avoid delay or rejection of your application. Per the USCIS, you should adhere to the following guidelines when filling out your petition or application:
  • Use the most current edition of the immigration form. The USCIS updates their immigration forms often. Respond to all the relevant questions and provide information in the answer blanks and check boxes.
  • If you are manually filling out the USCIS form, print or type your information using black ink only.  Do NOT “highlight” or “background shade” the entries on your USCIS forms.
  • Make sure that you sign the USCIS form.
  • Include the correct fee specified in the USCIS form instructions.  You should attach the fee or fee waiver by paper clip or staple in the upper left corner of the completed form application or petition.
  • Provide all requested documentation and evidence with the USCIS form.
  • Follow the instructions on the notice you receive for biometrics/fingerprinting. The date, time, and location of your appointment will be sent to you by mail. Take all receipt notices and any other relevant documentation with you to your appointment.
2.)  Per USCIS, take the following steps to avoid delays in processing your immigration form.
  • Do NOT send original passports or other valuable personal documents when filing your USCIS forms because if they get lost, replacing them is going to be very laborious. Make sure that copies of original passports or personal documents are made on standard white letter-sized paper (8.5” x 11”)
  • Use paperclips when attaching supporting personal documents to the USCIS forms.
  • If a payment is submitted, attach it to the first primary immigration form by paper clip or staple, and make sure that your name is indicated on the payment document (i.e., in the memo field of the check). IMPORTANT: If more than one application is filed using a single check, and any of the immigration forms are found to be improperly filed, ALL forms will be rejected.  Therefore, make certain that all the relevant questions are answered.
  • Make checks or money orders payable to “U.S. Department of Homeland Security.”  If you live in Guam and filing your immigration form there, make checks or money orders payable to “Treasurer, Guam.”  If you live in U.S. Virgin Islands and filing your immigration form there, make checks or money orders payable to “Commissioner of Finance of the Virgin Islands.”
  • Always use the same name and the same version of the name on all USCIS forms that pertain to the same person.
  • In the address section of the immigration form, the “care of” line is for names only, such as your name, firm/organization, or a building. Do not put a street address in the “care of” section.
  • “Place of Birth” on a USCIS form always means country of birth.
  • Include the date of birth on all immigration forms in the designated field in MM/DD/YYYY format.
3.)  As mentioned before, it is important to include the correct fee with your completed USCIS form.
The USCIS will accept the payment of fees via:
  • Money order.
  • Cashier’s check.
  • Personal check.
Please note that cash is NOT accepted.
If you pay your filing fee using a personal check you should be sure that you have sufficient funds in your account to cover payment. After two unsuccessful attempts to obtain payment from your bank, the USCIS will turn the check over to Debt Management for collection.  Obviously, this will delay the processing of your immigration form.
4.)  Read the I-797 Receipt Notice carefully. Wait the amount of time listed before inquiring on the status of your case. The processing time is different for each immigration form.
5.) All foreign language documents included with you USCIS forms must be accompanied by a corresponding English translation.  The English translation must be certified by a competent translator, and he or she must verify in writing that “the translation is true and accurate to the best of the translator’s abilities.”
These guidelines apply to individual applicant packages as well as family packages. Family packages should be sent together, if possible. Every effort will be made to schedule these cases together for interview. However, if a Request for Evidence (RFE) is necessary for one family member, the entire family package will be held together until the RFE response is received.
Why would a  “Request for Evidence” be necessary?
The USCIS will issue a Request for Evidence (RFE) if it finds that it needs additional information to complete processing of an USCIS form.   Some common reasons for issuing a Request for Evidence are:
  • The petitioner or co-sponsor has failed to file an Affidavit of Support in connection with an Application to Adjust Status to Permanent Resident.
  • You submitted an incomplete USCIS Form I-693 Medical Exam or Supplement, or have failed to submit a Medical Exam in connection with an Application to Adjust Status to Permanent Resident.
  • You failed to include with your foreign-language marriage or birth certificate and accompanying, certified translation.
  • You failed to submit evidence that establishes that you are qualified for the immigration benefit.
  • You failed to submit evidence that you entered the country legally and/or have maintained legal status.
How to avoid getting a Request for Evidence?
All initial evidence should be submitted at the time of filing.   Prepare your immigration form properly and carefully. Be complete when submitting supporting documentation.  Documentation should be well organized and VERY detailed, so as to avoid any red flags.   Remember, you will not get a RFE for forgetting to include your fee payment.  The RFE results from incomplete, inconsistent and/or unclear documentation.  Therefore, be thorough if you want to avoid delay in the processing of your immigration form.
The Consequences of Getting a Request for Evidence.
Failure to respond to a RFE in a timely manner could result in the delay and/or denial of your USCIS form.  For example, a request may be made to: provide a W-2 form of your sponsor; provide extra documentation of your qualifications for an EB1-Extraordinary Ability immigration visa; provide clarification why the place of birth on your passport is different from that on your Birth Certificate.  These are just some of the examples of RFEs.  They vary in complexity and therefore in the amount of time required to assemble the proper response.  The time allotted for your response will be provided when you receive the RFE.
But remember that in addition to delaying the above application, processing of ancillary benefit immigration forms (such as applications for employment authorization or travel permission) will also be delayed if a Request for Evidence is issued in connection with your primary application.
What to do if you get a Request for Evidence
You should submit the response to the RFE (with the original request) as quickly as possible to the office issuing the request. Do NOT send the response to the Chicago Lockbox.
Always return the entire original request for evidence (color copy) with your complete response to the RFE. DO NOT mail portions of the original RFE separately. Make a photocopy of the original request for evidence for your files. Returning the original RFE will make the response easier to identify in the incoming mail and get the response filed with the file as quickly as possible so that the processing of the case can continue.
Following the guidelines provided in this article will help you submit a complete and accurate USCIS form. But remember, if you need additional help, Immigration Direct is your online U.S. Immigration source. Our easy-to use, step-by-step software will guide you through the complicated application process from start to finish.

Wednesday, August 10, 2011

How to Locate a USCIS Office


Know about USCIS
United States Citizenship and Immigration Services is the governing body for the citizenship and immigration procedures.It is a component of the US Department of Homeland Security (DHS). It was formerly known as the U.S. Bureau of Citizenship and Immigration Services (BCIS).The administrative functions that were formerly carried out by theImmigration and Naturalization Service (INS) are now managed by USCIS.
Goals
· To strengthen the security andsustain the integrity of the immigration process.
· To deliver effective customer service by providing immigration benefit and information services.
· To extend support to the participation of immigrants in American civic culture.
· To promote flexible and effective immigration policies.
· To strengthen the infrastructure that supports the governing body’s mission.
· To operate as a high-performance organization andpromote a highly talented workforce.
· To promote a dynamic work culture.
These goals have been adhered to as effectively as possible. This government agency has about 18,000 government employees and contractors, working relentlessly at 250 offices across the world. It is headed by a director who has to report directly to the Deputy Secretary for Homeland Security. Alejandro Mayorkas, a Cuban immigrant is the present director.
How to Locate a USCIS Office?
A USCIS office can be easily located with just a click. Having a secure internet connection is the basic requisite for this. Anybody wanting to locate an office needs to log on to the USCIS website and click on the ‘Find a USCIS office’ tab which will direct the person to a page containing all the offices.
The USCIS offices list includes the following
· Field Offices (within the United States) – Handles scheduled interviews on non-asylum related applications.
· International Offices – Caters to the needs of US citizens and permanent residents who are residing outside the US regarding immigration issues.
· Application Support Centers – Provides biometric (fingerprinting) and related services.
· Asylum Offices – Handles scheduled interviews for only asylum-related matters.
· National Records Center – Accepts and Processes FOIA (Freedom of Information Act) requests.
· Service Centers & National Benefit Center – Handles a large variety of petitions and applications.
A person who wants to locate a USCIS office must first have a clear idea about the issue that he wants to be sorted out and then select any of the offices from the above mentioned list.
After selecting the specific office, the next step is to enter information about the zip code to find an office that has jurisdiction over that place. Another option is to select the state from a miniature map of the US. Both these will direct the person to the page which contains the list of addresses. Also, a person can select an office by just clicking on the state in the drop down menu that can be found below the map.
Additionally, a person can zero in on the exact office through the mapping facility that is available. This can be done by clicking on the view ‘All USCIS locations’ on the bottom most line of the web page.
Clicking on a particular address will display a page with a lot of details regarding the offices like the working hours, contact details, directions for reaching the office, availability of parking facilities, accommodations for the disabled, issues that are addressed there and the areas that are under its jurisdiction.
Official USCIS and Immigration Forms provided for download online. The USCISwas formerly known as the INS. Complete list of all USCIS form and Immigration Form.

Wednesday, August 3, 2011

Things To Know About Greencard INS

Things To Know About Greencard INS

Greencard INS issued by the United States Citizenship and Immigration Services, is a card that proves the legal permanent resident status of the holder in the US. It is given to a foreign citizen in the United States and proves that a person has a right to live and work in the country legally.
To apply for a Greencard INS a person has to comply with certain requirements, which allow them to become permanent residents of United States of America. These requirements need to be fulfilled before applying for a Green Card.
If you want to become a permanent resident of United States of America, you should fall into one of the eligible categories to get a Greencard INS. The categories include family sponsored Green Cards, employer sponsored Green Cards, Green Cards through asylee or refugee status and through special categories. Special categories applies to persons meeting certain qualifications within a certain time frame. These categories could be general, job related or family related. Examples would be: Members of armed forces, Haitian refugees, Diplomats, Afghan/Iraqi translators, religious worker, battered spouse or child, K non immigrants, etc.
Family Based Green Cards are issued on a priority basis which depends on the preference category that a beneficiary falls into. Immediate Relatives, First, Second, Third and Fourth Preference Categories are how relatives are classified. Immediate relatives are family members of US citizens and they are not bound by the restrictions on visa availability. Persons in this category are spouse and unmarried children below the age of 21 of a US citizen and parents of a US citizen who is above the age of 21.
Unmarried sons and daughters of US citizens belong to the First Preference category, married sons and daughters of US citizens belong to the Third Preference category and siblings of US citizens who are at least 21 years of age belong to the Fourth Preference category. The Second Preference category covers the spouse and children, and unmarried sons and daughters of legal permanent residents of the US.
(Note: Children refers to off springs below the age of 21 and sons and daughters refer to those above the age of 21)
For Employment Based Greencard INS there are 5 categories:
  • Persons considered to have extraordinary abilities, researchers and professors who are considered outstanding in their field, multinational managers and executives and priority workers make up the First Preference category.
  • The Second Preference category covers those who are professionals with an advanced degree or with exceptional ability inclusive of those seeking National Interest Waiver.
  • Regular professionals, qualified and skilled workers make up the Third Preference category.
  • Persons involved in religious vocations and other special immigrants come under the Fourth Preference category.
  • The Fifth Preference category is for investors or entrepreneurs.
Based on the asylum, the application for Greencard INS can be filed only one year after the person has attained the status of refugee.

Greencard Process With INS

Initially, an immigrant petition has to be filed on behalf of the person intending to immigrate to the US. This petition establishes the beneficiary’s eligibility to immigrate and determines the category under which he/she can immigrate. After the petition is approved, the beneficiary will have to wait until their priority date becomes current and then apply for the green card. If the beneficiary is within the US he/she can apply for an adjustment of status (check if concurrent filing is possible). If the beneficiary is abroad, the approved petition is forwarded to the US consulate and the consulate will get in touch as soon as a visa becomes available and inform the applicant of the further process.
Once all the processes, interviews, fingerprinting, security checks, document verifications and medical examinations have been completed, a decision will be arrived at and the Greencard INS will be issued if all is in place.

American Citizenship Process and Benefits

American Citizenship Process and Benefits

An individual may become a citizen of United States either by birth or through naturalization. Generally speaking, if a person is born in the United States or born to US citizen parents, he or she automatically becomes a citizen of United States.
The benefits and rights associated with American citizenship are many. One of the most important benefits is that you are given the right to vote. You may also apply for federal jobs that offer high range salaries, good benefits, and job security. You may sponsor and bring your family members to the United States and you may obtain citizenship for your children born abroad. You may also travel abroad with a US passport.
If you were born outside United States to US citizen parents then you may claim American citizenship through your parents. Your birth certificate that is registered in the US Consulate is the proof of your citizenship. If you require further proof you may obtain a US passport. In addition, your parents may file a petition to obtain a Certificate of Citizenship for you using Form N-600, Application for Certificate of Citizenship.

American Citizenship Through Naturalization


If you are born abroad to non-US citizen parents or if you want to obtain US citizenship you must follow the naturalization procedure. The term naturalization means the process of a foreign born individual obtaining or acquiring citizenship after he or she meets specific eligibility requirements.
To file for American citizenship through naturalization you must file Form N-400, Application for Naturalization with the USCIS. You must provide the required supporting documents and relevant fees along with your N-400 application. Failure to provide the required documents or the correct fees might lead to the return of your application.
To become a naturalized US Citizen you must satisfy certain eligibility requirements. One of the major requirements is that you must be a Lawful Permanent Resident (green card holder) and you must maintain continuous residence. Continuous residence means that you have not left the country for a long period of time. If you leave United States for a long period, then you may disrupt the continuous residency status.
Generally you must be a Lawful Permanent Resident for 5 years in the United States. If you are married to a US Citizen, then you must be Permanent Resident for 3 years. Your time as a permanent resident begins on the day when you are granted Permanent Residency Status. You also must be 18 years of age or older. Immigration law requires that the applicant be a resident in the United States, in a state or USCIS district where the petition is filed, for 3 months immediately preceding the filing of the naturalization application.
The final part in obtaining the American citizenship, after all other requirements are fulfilled, is taking the Oath of Allegiance. This oath includes several promises you must make to become a citizen of the United States.
You must swear allegiance to United States; and
You must give up all prior allegiance to any other country; and
You must support the constitution and the immigration laws; and
You must serve the nation when required.
Once you take the Oath of Allegiance, you will finally be declared a citizen of United States.