Information About Immigration
FAX (609) 485-2114
The immigration field has been under constant change since 1990. The following is a guide to the most common areas of practice and questions that the prospective client and/or petitioner may have. Our fully staffed office routinely handles these types of matters.
The most common question to determine is to first clearly ascertain the status of the beneficiary and petitioner, if any. The beneficiary is the person for whom the application benefits, i.e., attempting to receive a change of status whereas the petitioner is the person who has a valid status which may ultimately be the means for implementing the change.
The initial status of a beneficiary could be: illegal (often characterized as without documentation), in application status, legal, under a particular other visa and requesting an adjustment of status, etc..if a person has no status, then usually it means he or she has no visa. An illegal does not have a visa.
You may scroll down to the section you desire, or you may choose to jump directly to that section.
Other areas include: Political Asylum, Refugee Status, Religious
Worker Petitions and Department of Labor Specialty Applications.
The maximum period for staying is three years with the possibility of an
additional extension of three years. The procedure first involves an
approval from the Department of Labor (DOL) with the concomitant Labor
Condition Application.
H-2B: Temporary Service Alien Visa: This visa permits the alien to work
within the United States for a reasonable period of time (one year) and
can often be extended to a maximum of three years. Again, the Employer
must file a DOL certification and alien must not previously have been a
recipient of the same certification. These visas are very limited.
For example, seasonal employees, such as farmworkers often apply for this
visa, as long as the DOL processing application demonstrates that there is
no displacement of unemployed American citizens. The application must show
that the relevant labor union for the area of employment was contacted.
The maximum period of entry is three years with the possibility of three
more years. The prospective employer must file a DOL certification (see
above) and condition that the same employee or applicant did not have an
application or employment. The alien must show that an U.S. unemployed
citizen will not be displaced by such employment. The employer first submit
the offer of employment or DOL form ETAT 50 and must also contact any
relevant union to determine if American workers are available.
The form for this visa is I-129 and the H supplement.
a.The I-130 Visa petition. This petition is requested by way of form I-130.
It is a petition for an alien relative: wife, unmarried child under 21 years
of age, married child of any age, brother, parents, etc. but not for cousins,
adopted relatives, uncles, grandparents, etc.
The essential documentation required are: filing fee (which varies from
year to year), the marriage certificates (translated and notarized in the
event of a spousal petition), the birth certificates, immigration specific
style of photographs, fingerprint charts for the beneficiary, alien
registration card, proof of citizenship (naturalization documents) or
permanent status or the petitioners valid passport and the Biographic
section. You must prove that there is a real family relationship with the
beneficiary individual. Often, it is recommended that notarized proof of a
divorce be submitted.
In addition, the petitioner must provide proof that the beneficiary will
not become a public ward. Thus, an affidavit showing that the petitioner will
become responsible for the expenses of the beneficiary may be necessary.
The filing fee is normally $110.00 dollars but the new immigration law
permits a "fine" of $1000.00 (A $1000.00 fine for the adjustment of status)
for special service within the continental United States in order to avoid
the beneficiary from travelling back to the appropriate United States consul
of his/her country of origin to obtain approval and the visa. The entire
process may well take up to at least a year or, as is the case with certain
nation's immigrants, such as the Phillipines, Vietnam, China, the Domincan
Republic and Pakistan, several years of being on the waiting list. The
waiting list is a process whereby the date of submitting of the petitioner
becomes the date wherein the countdown begins by which to obtain final
approval.
In the case of a spouse, both individuals are required to submit a Form
I-751 Joint Petition to Remove the Conditional Basis of Alien's Permanent
Resident Status. If both spouses are in the United States then careful
observation must be made to submit the initial documents to the regional INS
office (not the local) for preliminary approval.
Also, careful note should be taken that the status of the petitioner can
impact the results of the petition. An U.S. Citizen can petition his/her
spouse, unmarried child under 21 years of age, or unmarried child over 21
years of age, or married child of any age; his/her borther if the petitioner
is at least 21 years of age; the petitioner's parent(s) is the petitioner is
at least 21 years of age.
In the event the petitioner is a lawful permanent resident only, then
he/she may only file for the spouse or the unmarried child. All applicants
should note that the Internal Revenue Service requires certain forms be
submitted.
In general, the requirements of the program designated by the school
or training facility must be a program approved by the United States
Information Agency (the USIA). The maximum period for this visa is
18 months plus 30 days. The recipient's family members may be permitted
to accept limited employment subject to approval by the Immigration and
Naturalization Service (INS) and is thus characterized as a J-2 visa.
Other requirements for the J-1 include: that the alien maintain proof
of an foreign residence, that form IAP 66 be issued and approved by the
program sponsor, the foreigner's passport, appropriate photos and
visa application OF-156.
Proof of like employment within the past year, proof of the alien's residence
for the year prior to the application, dates and purpose of each entry,
requirement that he/she must have lived abroad for one continuous year in
the preceding three years prior to the application, proof that the foreign
company or subsidiary is related with the USA company, the I-295 certificate
of eligibility by the company transferring the alien, form I-797, a letter
from the prospective employer with supporting documentation describing the
job duties and skills required and the filing fee.
The form to fill out is the N-400 petition which requires: photographs,
fingerprints, proof if have served in the U.S. military service, birth
certificate of the child if the application involves a child and a filing
fee. Make sure you file at the appropriate immigration and naturalization
office. The procedure may take a year or longer. The petitioner will be
required to pass a minimal English writing/oral test as well as questions
regarding some basic history and law about the United States.
P Visa: This visa typically applies to entertainers and
athletes of eminent or olympic quality.
F-1 Visa: Student Visa
The requirements for this visa are, among others, the following:
a. The alien must be in an "academic" setting and not
simply a vocational type of institution.
b. The school must be approved.
c. The foreign student must be enrolled full time.
d. The foreign student must be proficient in the
English language or be taking courses so as to
become proficient in the English language.
e. The foreign student must have sufficient moneys
to support him/herself.
f. The foreign student must maintain an actual address
abroad and have no intention of remaining in the
United States upon completion of the academic studies.
The forms are the OF-156, the I-20A-B issued by the school, documentation
as to financial ability, valid passport, two photos and the application fee
if applying to an U.S. Consulate. If the prospective student is already in
the U.S. then he/she must submit a change of status application for a
nonimmigrant status.
H1-H4 Visas: Speciality Employment Exemptions
H-1B VISA: This visa category generally applies to alien applicants in the
health care industries, university professors, engineers, computer
professionals, attorneys, accountants, fashion models or persons with a
bachelor of science or higher degree(s).
I -130 Petition for Alien Relative
The more salient types of visa are the following. For your information,
a synopsis of the more pertinent requirements is indicated for each of
these visas.
I-485: Adjustment of Status
Form I-485 is the form or petition for a person in the United States who
is applying for a change or adjustment of his/her present status to that of a
lawful permanent resident of the United States of America. The applicant may
file if he/she is:
a. Physically within the United States,
b. Have an immediately available immigrant visa number,
c. Be admissible to the United States of America for
status as a permanent resident,
d. Adjust status before Oct. 1, 1997 per section 245 of
the Immigration Act,
e. Pay the additional sum or demonstrate that section
245(i) of the Immigration Act does not require the sum.
The new filing fee for the I-485 adjustment of status is
$130.00 plus $1,000.00 dollars fine if you filed prior to the January
14, 1998 deadline and your alien beneficiary was not legally in the
United states. The law may soon change. Immigration law changes quickly
and it is important to consult with an attorney directly, including on
the issues of filing fees. If your spouse is illegally in the US, he/she
may not normally file with you but must have his/her interview in a
foreign, non-contiguous to the U.S. soil, nation.
J-1 Visa: Specialty Student/Interns
The J-1 visa most often applies to foreign students, scholars, experts,
medical interns and exchanges visitor type of visas.
L-1 Foreign Employee Visa
This visa requires that the intention, as in most visas, is that the
foreigner intends to remain within the United States for a limited period
of time. The L-1 visa most typically applies to managers and executives
of multi-national corporations and requires the following proofs:
N-400 Application for Naturalization
The N-400 form is the petition to become an American citizen. The
requirements are that the applicant must either:
a. Have been a lawful permanent resident for a period of
five consecutive years prior to the application, or
b. Have been a lawful permanent resident for three years,
have been married to a citizen of the United States of
America for all of those three years and continue to
be married to the same citizen; or
c. That the applicant is a lawful permanent resident child
of a parents who are United States citizens, or
d. That the applicant has qualifying military service in
the United States Armed Forces.
It should be noted that children under the age of 18 become U.S.
citizen's immediately upon when their parents become U.S. Citizens.
O and P Visa: Athletes and Entertainers
This visa applies with reference to individuals who have excelled in the
arts and the sciences and who have received awards and certificates for
their contributions to humanity in their field(s).
Click here
to Return To The Main Screen
Questions or Comments?
... Click here or send EMail
to: man_go@acy.digex.net