AOH :: USVISA06.TXT
Getting a U.S. work visa, and how to immigrate to the U.S.
|
Archive-name: us-visa-faq/part3
Last-Modified: May 30, 1994
Currently, the alt.visa.us FAQ is maintained by
B.G. Mahesh [mahesh@evb.com]
Many FAQs, including this one, are available via FTP on the archive site
rtfm.mit.edu in the directory pub/usenet/news.answers. The path for this
faq is /pub/usenet/news.answers/us-visa-faq/part3. To get the FAQ by
E-mail, you should send a message to mail-server@rtfm.mit.edu with
send usenet/news.answers/us-visa-faq/part3
in the body of the message.
Please see part1 of this faq for standard disclaimers.
Questions marked with a + indicate questions new to this issue;
those with significant changes of content since the last issue
are marked by *:
H visa
------
Q. Do I need to hire a lawyer for H-1B/GC?
A: [from B.G. Mahesh, mahesh@evb.com]
Getting your H-1B should be pretty straight forward but now a days
things are getting tough. One needs to know the various rules/laws
of immigration. One must be ready to devote a lot of their personal
time to get a H-1B/GC on their own. In a nutshell, if you or your
employer can afford a lawyer hire a lawyer.
Q. How much does it cost to hire a lawyer for a H-1B visa?
A: [from B.G. Mahesh, mahesh@evb.com]
Anywhere between $800-$1500. I have known people hiring lawyers for
just $800 and having a TOUGH time getting their H-1B visa because the
lawyer was not very good. This doesn't mean all lawyers charging less
than $1000 are bad and the ones charging > $1000 are good :-)
Q. Does the lawyer need to reside in the same city/state where I live?
A: [from B.G. Mahesh, mahesh@evb.com]
NO! Most of the work is done by phone/fax [and email in few
cases :-) ] So it doesn't make a big difference where the lawyer
resides unless you are expecting complications which may require
you to meet the lawyer personally.
Q. What forms are needed for H-1B visa and where can I get it?
A: [from Philip.Tong]
Form I-129H. You can get it from your INS office.
Q. Can I get a H-1B visa for a part time job?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
Yes.
Q. Having H-1B visa with one company, can I work some where else
also, like part time job ?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
You will have to get another H visa for the second
employers. Note, you can simultaneously hold more than one H visas.
Q. During the process of H-1B visa, suppose if I get a better job
what happens ?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
Apply for a new H-1B
Q. Should I wait for my H-1B approval before I join the new job?
A: [this question is related to the previous question ]
[from Rajiv S. Khanna, rskhanna@immigration.com]
You must wait to get the second H-1B approved. H visas are
employer specific.
Q: I am coming up on the second three year extension on my current
H-1B visa. If I change employers 3 months into the extension, will
I be able to use the remaining 2yrs 9 months with another employer
on a new H-1B ?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
Yes you will, but you do have to get a new H-1B classification.
Q. My H-1B is up for renewal after three years . It was received without
the DOL Clearence that is required now a days. Will the renewal need
such a clearence from DOL ?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
Yes, you will now need an LCA.
Q. How many days/weeks/months does it take to get a H-1B?
A: [from B.G. Mahesh, mahesh@evb.com]
This depends on the state you reside. Generally after your LC,
it should about 2-4 weeks to get your H-1B visa.
+Q. I have a H-1B visa and I want to change jobs. Is it possible
for my new employer to file for my H-1B without my original
H-1B document which is with my present employer?
A: [From many on the net]
No, you don't require the original H-1B document from your
present employer to get a new H-1B. A xerox copy of the old H1
approval is sufficient(if at all needed) to file for a change of
employer (Eventhough you have to go through the whole process of
getting the first H1B approval).
*Q. How much is the fee for H-1B, H4.
A: [Praveen Goli, goli@txc.com]
H-1B : $70.00 [add $80 if you are changing to H-1B from
another visa]
H4 :
Q: I did not get a "Blue" form with my H-1B visa approval notice. Why?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
INS has started using a new "Notice of Action" form. H approvals
used to arrive on blue forms. They will now be arriving on white
forms with the bottom portion being an I-94 to be cut and retained
by the foreign worker in question. Incidentally, the new form is
called an I-797C.
Q: If my company is bought by another company is my H-1B visa still valid?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
According to INS, if the successor company undertakes all rights,
liabilities, assets and privileges of the previous employer - the H
visas are valid even after the takeover. In simple English, get an
opinion from a lawyer in writing. Otherwise, all H visa holders
could be out of status.
Q. Can I re-enter US if my multiple entry H-1B is denied in Jurez, Mexico
or Canada?
A: [from Pramod S. Badjate, badjatep@agcs.com]
Yes you can. But you should make sure that you don't turn in your
I94 at the border while leaving US. Then you have to fill in a new
I94 when you enter US by showing your VISA and old I94.
Q. What documents are needed to get a multiple entry H-1B visa?
A: [from Pramod S. Badjate, badjatep@agcs.com]
1. Passport with current I-94
2. H-1B approval form (* ORIGINAL*)
3. Copy of H-1B petetion form (I 129) Ask your company for this.
It is very important because I know a friend who was turned
down since he did not have this.
4. Copy of Form ETA 9035 or the Labour condition application that was
filed by your company. Ask your company or lawyer if this was
necessary in your case. If it was, take a copy of the document that
was given to the INS.
5. Letter from my immediate supervisor stating that I work for him and
may need to travel abroad for official purposes soon and hence be
granted an H-1B visa. It was addressed to US consulate, Juarez. This
was not asked for by the consulate official who interviewed me.
6. Company verification letter from Human resources giving details like
job title, pay date of joining etc.
7. My appointment letter that I had got from Human resources.
8. Pay stubs or company ID.
9. $100 cash.
10. One Passport size photograph
11. Degree certificates [original + copy]
[from Rajendran Manohar, rmanohar@jupiter.saic.com]
I had called the American Embassy at Juarez last week, and they
said I should come with attorney certified copies of my original
H1B application, in addition to everything mentioned above.
Q. What documents do I need for H4 visa when applying at US
consulate ?
A:[From Mahesh Kumar Bagade, c23mkb@kocrsv01.delcoelect.com]
Necessary papers for your spouse's H-4 visa:
1) I-797 form (your H-1B working permit) : Original
2) Letter of employment from the company you work
for with salary : Original
3) A Letter addressing Consulate in favour of
your spouse visa: Original
4) Copy of first 5 pages of your passport. : Notarized
(Make sure that you have the copy of the page with
current valid visa.)
5) Copy of the Marriage certificate : Notarized
6) Bank statement [proof of money for supporting your spouse]
7) A couple of your paychecks would be a plus point.
9) Original passport of spouse
8) Finally a $100.00 fees for the visa process.
Q: For how many months are the papers sent for H4 valid?
A: [From Srinidhi Murthy, srinidhi@treasfs.sbi.com]
The papers sent are valid as for atleast 2 months.
Q: Documents for H4 have been sent. If I change jobs should
I resend a fresh proof of employment from my new employer?
A: [From Srinidhi Murthy, srinidhi@treasfs.sbi.com]
In case of a new H1-B notification, it's better to submit the new
H1-B notification and letter from new employer also as proof; there
have been instances where the consulate has called the employer to
verify claim of employment. In general, if the job switchover can wait,
wait till the visa is issued
Q: Can I renew my multiple-entry visa stamp by mail?
A: [Compiled by Michael Carroll, br.mjc@rlg.stanford.edu]
Yes, but note that this is only for renewal or reissuance, not
for obtaining the first one, and note that this is for the visa
stamp in your passport that relates to travel permission.
Which types of visa can have stamps reissued in this way? The
recording said E, H, I, L, O, and P. One netter said also A and G.
First step: you have to obtain the form to fill out, by writing to:
Department of State
Visa Services
Room 238A
2401 E Street N.W.
Washington, D.C.
Phone : (202) 663-1225.
You need to say that you want your visa (stamp) reissued, and
would like copies (specify how many) of the appropriate form,
which I believe is Form OF-156. You must also enclose a stamped
self-addressed envelope for them to send you the forms & instructions
in.
Second step: You should receive instructions along with the form.
In summary, the things that need to be sent back to the above
address are:
1) Your passport containing the stamp that's to be renewed;
2) The form they sent you (OF-156);
3) The original of your I-94, not a copy;
4) A copy of your petition approval (I-171C or I-797);
5) Letter from employer;
6) Another stamped self-addressed envelope with enough postage
for the return of your passport (courier service could
also be used).
7) A check for the renewal fee [for H1B fee is $100]
Six weeks is the normal processing time, or to allow that long.
Q: What are the different types of H-1 visas?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
An H-1B classification is temporary (three years, extendable for
another three). People loosely refer to H-1B as H-1. So they are
the same thing. The following variations exist within H-1:
H-1A Registered Nurse
H-1B1 Specialty Occupation (Professionals)
H-1B2 U.S. Department of Defense special visas
H-1B3 Artists, entertainers or fashion models of national or
international acclaim
H-1B4 Artists or Entertainers in unique or traditional art form
H-1B5 Athletes
H-1BS Essential support personnel for H-1B entertainer or athlete.
+Q. What is the difference between Labor Certification and
Labor Condition Application? I do understand that one is for
H-1B and the other is for Green Card. Beside this, there must
be some other difference. What's it?
A: [From Rajiv S. Khanna, rskhanna@immigration.com]
An LCA is a very abbreviated procedure. It is merely a one page
form that is routinely certified by the department of labor within
7-10 days. The labor cert. is a much more complicated procedure
that is not "routine." It requires a lot more time and effort.
+Q: It is widely understood that a job ad is required for Labor
Certification. Some one told me that a job ad is also required
for Labor Condition Application but some others told me that it
is not necessary. What is the truth? If LCA required a job ad,
why is the job ad required one more time later on in Labor Certification?
What is the difference?
A: [From Rajiv S. Khanna, rskhanna@immigration.com]
No job ad is required for LCA. Only internal notices need to be
posted by the employer. Additionally, within 24 hours of filing an
LCA, the employer is required to maintain certain documentation within
their own premises.
+Q: What is the role of my academic degree in applying for the Labor
Condition Applicaiton or Labor Certification? It is said that
at present only advanced degree (Master, Ph.D) can have good
chance to get approval of the Labor Condition Applicaiton or
Labor Certification. Is that true?
A: [From Rajiv S. Khanna, rskhanna@immigration.com]
For H-1, a Bachelors degree in a narrowly defined subject area is
sufficient. PhD has NO additional significance.
For a labor cert., chances of success depend upon how many people can
qualify for the job. If an ad is placed for a Bachelors degree,
chances are a lot more people will apply than would for a job that
require a PhD degree. Plaese remember, it is not advisable to tailor
a job to suit your own needs. If the employer asks for restrictive
requirements for the job, the department of labor will object to it.
Also, the higher the qualifications, the bigger the salary must be.
It is NOT true that ONLY advanced degrees have a good chance of success.
There are a lot of variables that need to be considered.
--
B.G. Mahesh | Email: mahesh@evb.com
Software Engineer | mahesh@sett.com
EVB Software Engineering, Inc. | FAQ maintainer of alt.visa.us
-------------------------------------------------------------------------------
Area # 2120 news.answers 05-30-94 10:11 Message # 13263
From : mahesh@evb.com
To : ALL
Subj : FAQ : alt.visa.us period
ÿ@SUBJECT:FAQ : alt.visa.us periodic postings and archives (part 1 of
Message-ID: <CqMCrn.3EK@evb.com>
Newsgroups: alt.visa.us,alt.answers,news.answers
Organization: EVB Software Engineering, Inc.
Archive-name: us-visa-faq/part1
Last-Modified: May 30, 1994
Currently, the alt.visa.us FAQ is maintained by
B.G. Mahesh [mahesh@evb.com]
Frequency: This will be posted twice every month [1st and 3rd week] on
news.answers, alt.answers and alt.visa.us. This may be posted
often on alt.visa.us every month.
Many FAQs, including this one, are available via FTP on the archive site
rtfm.mit.edu in the directory pub/usenet/news.answers. The path for this
faq is /pub/usenet/news.answers/us-visa-faq/part1. To get this FAQ by
E-mail, you should send a message to mail-server@rtfm.mit.edu with
send usenet/news.answers/us-visa-faq/part1
in the body of the message. Make sure you don't have a signature
in body of the message.
To get the entire FAQ [which includes the answers to the questions from
this FAQ] by email, you should send a message to mail-server@rtfm.mit.edu
with
send usenet/news.answers/us-visa-faq/*
in the body of the message. Make sure you don't have a signature
in body of the message. The above instruction *work*, I have
tried them, if it doesn't work get local help before sending me an email.
IMPORTANT IMPORTANT IMPORTANT NOTE !!!
--------------------------------------
If you don't have access to alt.visa.us and you wish to ask a question
related to immigration then send your query to alt-visa-us@cs.utexas.edu
Please try to be brief and try not to exceed 72 columns when you type in
the message. Mention in your message that you don't have access to
alt.visa.us newsgroup and people should respond to you directly.
Individuals are encouraged to submit corrections, questions and answers
to mahesh@evb.com directly. In many answers below, submitters are noted
in parentheses at the beginning of comments. (Comments may be
slightly edited.)
Please note that my employer has NOTHING to do with this FAQ and
is in NO WAY responsible for the info in this FAQ. Myself and other
submitters are in no way responsible for the info provided in this FAQ.
It is not legal advice and should not be construed as such. Contact your
foreign student office, the USIA or competent legal counsel.
*** Corrections to the information below is highly appreciated. ***
This article includes answers to the following questions. Questions
marked with a + indicate questions new to this issue; those with
significant changes of content since the last issue are
marked by *:
Welcome to alt.visa.us, a newsgroup for discussion of non-immigrant
and immigrant visas to USA. This message is followed by five others,
each summarizing a set of "frequently asked questions" (FAQs):
FAQ 2: General questions (part2 of 6)
FAQ 3: H-1B visa (part3 of 6)
FAQ 4: J Visa (part4 of 6)
FAQ 5: K, L & Visitors Visa (part5 of 6)
FAQ 6: Green Card, GC Lottery & Citizenship (part6 of 6)
General
-------
Q. What is this FAQ about?
Q. Is their a internet site from which I can download any info
regarding immigration?
Q. Are there any books regarding Immigration?
Q: What does XX non-immigrant visa mean?
Q. Are there any lawyers who can be reached by email?
Q: Are there any mailing lists?
Q: How to select an immigration lawyer?
Q. Is there a list of "recommended lawyers" ?
Q. Are there any lawyers you don't recommend ?
Q: What are the numbers for "Ask Immigration" Telephone Information
Systems operated by INS.
Q: Which is the best time to change this maiden name to the
married name and how to go about it?
Q: What is form XXX ?
Q. Wish List
H-1B Visa
--------
Q. Do I need to hire a lawyer for H-1B/GC?
Q. How much does it cost to hire a lawyer for a H-1B visa?
Q. Does the lawyer need to reside in the same city/state where I live?
Q. What forms are needed for H-1B visa and where can I get it?
Q. Can I get a H-1B visa for a part time job?
Q. Having H-1B visa with one company, can I work some where else
also, like part time job ?
Q. During the process of H-1B visa, suppose if I get a better job
what happens ?
Q. Should I wait for my H-1B approval before I join the new job?
Q. I am coming up on the second three year extension on my current
H-1B visa. If I change employers 3 months into the extension, will
I be able to use the remaining 2yrs 9 months with another employer
on a new H-1B ?
Q. My H-1B is up for renewal after three years . It was received without
the DOL Clearence that is required now a days. Will the renewal need
such a clearence from DOL ?
Q. How many days/weeks/months does it take to get a H-1B?
+Q. I have a H-1B visa and I want to change jobs. Is it possible
for my new employer to file for my H-1B without my original
H-1B document which is with my present employer?
Q. How much is the fee for H-1B, H4.
Q: I did not get a "Blue" form with my H1B visa approval notice. Why?
Q: If my company is bought by another company is my H-1B visa still valid?
Q. Can I re-enter US if my multiple entry H-1B is denied in Jurez, Mexico
or Canada?
Q. What documents are needed to get a multiple entry H-1B visa?
Q. What documents do I need for H4 visa when applying at US
consulate ?
Q: For how many months are the papers sent for H4 valid?
Q: Documents for H4 have been sent. If I change jobs should
I resend a fresh proof of employment from my new employer?
Q: Can I renew my multiple-entry visa stamp by mail?
Q: What are the different types of H-1 visas?
+Q. What is the difference between Labor Certification and
Labor Condition Application? I do understand that one is for
H-1B and the other is for Green Card. Beside this, there must
be some other difference. What's it?
+Q: It is widely understood that a job ad is required for Labor
Certification. Some one told me that a job ad is also required
for Labor Condition Application but some others told me that it
is not necessary. What is the truth? If LCA required a job ad,
why is the job ad required one more time later on in Labor Certification?
What is the difference?
+Q: What is the role of my academic degree in applying for the Labor
Condition Applicaiton or Labor Certification? It is said that
at present only advanced degree (Master, Ph.D) can have good
chance to get approval of the Labor Condition Applicaiton or
Labor Certification. Is that true?
J Visa
------
Q: On what grounds can I get a waiver?
Q: Does marriage to a US citizen help?
Q: Who makes the waiver decision?
Q: What is USIA's address?
Q: What's a NORI?
Q: If I get a NORI, will I get a waiver?
Q: Is there a threshold of money received below which a waiver is
automatically granted?
Q: Can I pay back the money I got and get out of the HRR?
Q: Can I visit the United States while serving my two-year sentence?
Q: Do I have to return to my home country?
Q: Can I reside in my home country and work in another country?
Q: Can I work for a company of my home country in another country?
Q: Does writing to your congress person help?
Q: What do I need to show after the two years to prove that I
resided and worked in my home country?
Q: Can I apply for H-1B, permanent residency, etc. while serving the
HRR?
Q: How do I go about applying for a waiver? Do I have to work for
the sponsoring agency?
Q: How long does the whole process take?
Q: Do I need to hire a lawyer to apply for a waiver?
Q: How often can I apply for a waiver?
Q: Does a J1 have any advantages?
Q: When can an interested U.S. Govt. agency sponsor me for
a waiver of the HRR?
Q: Can an interested U.S. Government agency sponsor me for
a waiver if I work for a private company?
Q: If an interested U.S. Govt. agency sponsors me, will I get a waiver?
Q: How long does it take for me to obtain the waiver once I submit
my papers to the interested Govt. agency?
Q: What is the procedure followed in an IGA waiver?
K Visa
------
Q: Who can apply for K visa?
Q: How do I obtain a K visa for my fiance(e) (who is not currently in
the US)?
Q: How long does it take to get a K visa?
Q: How long is it good for? What are the conditions?
Q: What is needed for the petition?
Q: Can I do this myself, or do I need a lawyer?
Q: How much will a lawyer charge?
Q: How will I know the petition is approved?
Q: What is needed after petition approval?
Q: What is needed at the interview?
L Visa
------
Q. What is L-1 visa?
Q. Who qualifies for a L-1 visa?
Q. For how may years is L-1 visa issued for?
Q. Can dependants of L-1 come to USA?
Visitors Visa
-------------
Q: What documents should I send to sponsor for a visitors visa?
+Q: Can the immigration officer at the port of entry (or any other
INS officer) cancel the B1/B2 visa? If so, on what grounds?
Labor/GC
--------
Q. How many days/weeks/months does it take to get a Labor Clearance
for GC?
Q. What is involved in the labor certification?
Q. Does the employer need to show the company's finances?
Q. Should I apply for GC together with the H-1B, or after I get the H-1B?
Q: If I one were waiting for a GC date to become current,
after one got one's labor certification AND the 6 year
limit on H-1B expires while waiting, will one have to
leave the country ?
Q: Will all the GC wait come to a naught in this case , or can
one wait for it outside the country ?
Q: When Labor Certification has been recieved, is H-1B still the
operating visa, or do you fall under some new status ?
Q: Can one apply for GC through an employer while on H-1 for
another employer?
Q: Can an applicant qualify for a GC without going through
Labor Certification?
Q: What category spouses of GC holders fall under?
Q: What is the waiting period for such cases?
Q: And, I had heard that there was a bill
up for vote. Do you have any information on this?
Q: What is the time-frame to get a GC if the spouse is an U.S. citizen?
Q. Does a parent (green card holder) who has filed for a green card for
his/her unmarried child who is under 21 years of age, have to file
another petition if the child turns 21 while waiting for the green
card ?
Q: Can GC holders sponsor for their parents GC?
Q: If I gained lawful permanent resident status (LPR) through a
previous marriage, can I petition for my current spouse to immigrate
to the US based on my LPR?"
Q: What does "current" mean?
+Q: What are the benefits/restrictions of a U.S. Permanent Resident?
GC Lottery
-----------
Q: What is DV1 [Green Card] Lottery Program?
Q: How does it work and who are not eligible from participating in
this program?
Q: Who would be eligible under the proposed regulations ?
Q: What are the proposed procedures?
US Citizenship
--------------
Q: What is the time-frame to get U.S. citizenship if the spouse is
an U.S. citizen?
Q: Who can apply for U.S. citizenship?
Q: When can I apply for U.S. citizenship?
Q: What are the requirements for U.S. Citizenship?
Q: Under what conditions can I be denied U.S. citizenship?
Q: Can citizenship once granted be revoked?
Q: Under what conditions can my citizenship be revoked?
+Q. Where can I get some information on dual citizenship?
--
B.G. Mahesh | Email: mahesh@evb.com
Software Engineer | mahesh@sett.com
EVB Software Engineering, Inc. | FAQ maintainer of alt.visa.us
-------------------------------------------------------------------------------
Area # 2120 news.answers 05-30-94 10:12 Message # 13264
From : mahesh@evb.com
To : ALL
Subj : FAQ : alt.visa.us Genera
ÿ@SUBJECT:FAQ : alt.visa.us General questions and answers (part 2 of 6
Message-ID: <CqMCsK.3HD@evb.com>
Newsgroups: alt.visa.us,alt.answers,news.answers
Organization: EVB Software Engineering, Inc.
Archive-name: us-visa-faq/part2
Last-Modified: April 11, 1994
Currently, the alt.visa.us FAQ is maintained by
B.G. Mahesh [mahesh@evb.com]
Many FAQs, including this one, are available via FTP on the archive site
rtfm.mit.edu in the directory pub/usenet/news.answers. The path for this
faq is /pub/usenet/news.answers/us-visa-faq/part2. To get the FAQ by
E-mail, you should send a message to mail-server@rtfm.mit.edu with
send usenet/news.answers/us-visa-faq/part2
in the body of the message.
Please see part1 of this faq for standard disclaimers.
Questions marked with a + indicate questions new to this issue;
those with significant changes of content since the last issue
are marked by *:
General
-------
Q. What is this FAQ about?
A: [from B.G. Mahesh, mahesh@evb.com]
This FAQ has some information about J1, H-1B, Green card and other visas.
Q: Is their a internet site from which I can download any info
regarding immigration?
A: PS: If you have any questions about gopher and anonymous ftp
PLEASE don't ask me. Ask on news.newusers.questions
and/or alt.gopher
[ from Ravinder Bhumbla, rbhumbla@UCSD.EDU]
NAFSA (the association of international educators) regularly
sends out updates about changes in immigration laws to its
mailing list, inter-l@vtvm1.cc.vt.edu (you can subscribe by sending
mail to listserv@vtvm1.cc.vt.edu). An archive of these updates
(which may be useful to you) is accessible by gopher at the
following place:
Name=NAFSA Updates (Federal Regulations)
Type=1
Port=70
Path=1/ON/INTERNATIONAL/ln38nafsa/REGS/UPDATES
Host=yuma.ACNS.ColoState.EDU
[from B.G. Mahesh, mahesh@evb.com]
Look into ftp.cs.umd.edu:/pub/cyrillic/us_visas/*
Login as anonymous. If you don't know how to ftp please get some local
help.
[from Rajiv S. Khanna, rskhanna@access.digex.net]
The following documents are available by anonymous ftp on
netcom1.netcom.com, netcom2.netcom.com, etc. through
netcom9.netcom.com. The documents are found in directory
"/pub/rskhanna" and indexed as follows:
DV1Proposed F-1M-1Visas K-VisasforFiance
E-1E-2Visas H-UsageFor1994 VisaBulletinMarch1994
Files are updated new info on almost daily basis (if there is any
new info that needs posting). Please let me have your
comments/suggestions on how to improve the information.
Q. Are there any books regarding Immigration?
A:
1. [from newswatcher, juro@umich.edu and
Venerando, rosario@pn83.petnet.med.umich.edu]
Immigration Made Easy: The Insider's Guide".
Authors: Martha S. Siegel, Laurence A. Canter
Publisher: Sheridan Chandler Company, c1991
Tuczon Arizona, USA, 1991-1992 edition.
Cost : approx. $90
As far as I know, the book also contains a vast number of
forms such as I-129B, IAP-66, I-485, etc., etc. used by INS and
consular processing centers. The Sheridan Chandler Company also
publishes separate bulletins and info. relating to immigration.
Information on how to subscribe to these bulletins is provided on
the book itself.
NAFSA also has a publication entitled "Adviser's Manual of
Federal Regulations Affecting Foreign Students and Scholars".
Inforamtion about the book is available via gopher.
2. [from Alberto Molina, alberto@cybernet.cse.fau.edu]
Name: Immigration Procedures Handbook
Publisher: Clark, Boardman & Callaghan
Address: 155 Pfingsten Road
Deerfield, IL 60015-4998
Phone: 1-800-323-1336
Cost: $145 + 6.5 percent S&H + state tax
3. [from Eiji Hirai, hirai@cc.swarthmore.edu ]
The Rights of Aliens and Refugees:
The Basic ACLU Guide to Alien and
Refugee Rights_, 2nd edition,
by David Carliner, et al. Price : $7.95 + S&H
You can ordered it from
ACLU Dept L.
P.O. Box 794
Medford, NY 11763
4. "Labor Certification Handbook -
Companion Volume To: Immigration Procedures Handbook"
by Austin T. Fragomen, Steven C, Bell
Clark Boardman Callghan, NY 1992
Q: What does XX non-immigrant visa mean?
A: [from many-many on the net!]
-----------------------------------------------------------------------
| Visa Type | Dependant Visa | Description |
-----------------------------------------------------------------------
| A | | Diplomat |
| | | Foreign Government Officials |
----------------------------------------------------------------------|
| B-1 | | Visitor's visa [Business] |
----------------------------------------------------------------------|
| B-2 | | Visitor's visa [pleasure/tourist] |
----------------------------------------------------------------------|
| C | | Aliens in Transit Visa |
----------------------------------------------------------------------|
| D | | Crewman |
----------------------------------------------------------------------|
| E | | Treaty Trader or Treaty Investor |
----------------------------------------------------------------------|
| F1 | F2 | Foreign Student Visa, |
| | | Dependant cannot work |
----------------------------------------------------------------------|
| G | | International Organization Employee |
----------------------------------------------------------------------|
| H-1B | H4 | Work Permit [Temporary Worker] |
| | | Dependant cannot work |
----------------------------------------------------------------------|
| I | | Foreign Information Media[Journalist]|
----------------------------------------------------------------------|
| J1 | J2 | Exchange visitor/scholar/post-doc. |
| | | Student can work off-campus if |
| | | International Student Office gives a |
| | | letter of authorization. May be |
| | | subjected to 2 year presence in the |
| | | home country requirement. |
| | | Dependant can work but needs to get |
| | | needs to get the permission from INS |
-----------------------------------------------------------------------
| K1 | K2 | K1 - for direct fiancee of US citizen|
| | | K2 - for children of fiancee |
-----------------------------------------------------------------------
| L-1 | L-2 | Intra-Company Transferee |
| | | See L1 Visa section of this FAQ for |
| | | more details |
-----------------------------------------------------------------------
| M | | Vocational Student |
----------------------------------------------------------------------|
| N | | Parents of certain Special Immigrants|
| | | special immigrant status |
| | | (retired officers/employees |
| | | previously accorded G-4 visa status) |
----------------------------------------------------------------------|
| O | | aliens of extraordinary ability in |
| | | the sciences, arts, education, |
| | | business, or athletics |
----------------------------------------------------------------------|
| P1 | P2 | Renowned artists, entertainers and |
| | | athletes coming for internationally |
| | | recognized or culturally unique |
| | | performances |
-----------------------------------------------------------------------
| Q | | Participants in international |
| | | cultural exchange programs which |
| | | provide practical training, |
| | | employment and which involve the |
| | | sharing of history, culture |
| | | traditions of the applicant's country|
-----------------------------------------------------------------------
| R | | Certain religious workers |
-----------------------------------------------------------------------
| NATO | | Representatives and staff of member |
| | | states to NATO |
-----------------------------------------------------------------------
Q. Are there any lawyers who can be reached by email?
[from B.G. Mahesh, mahesh@evb.com]
A: This is an easy one :-)
LAW OFFICES OF RAJIV S. KHANNA Voice: (202) 466-2113
1129 20th Street, NW, Suite 400 Email: rskhanna@access.digex.net
Washington, DC 20036-3403
Q: Are there any mailing lists?
A: [from B.G. Mahesh, mahesh@evb.com]
Yes! send mail to rskhanna@access.digex.net asking him to
add you to his visa bulletin mailing list.
Q: How to select an immigration lawyer?
A: [Muralidhar Rangaswamy, mrangasw@cat.syr.edu]
Please treat this as my $0.02 worth on the subject of picking
an immigration lawyer. While there is no hard and fast rule on
determining whether an immigration lawyer is good or not, the
following points would be worthwhile considering in the selection process.
(1) Check to see if the lawyer is a member of the American
Immigration Lawyers Association (AILA).
(2) Also check if the lawyer holds an important position in the
local or state bar association's immigration committee.
(3) Look up the yellow pages of your phone book to obtain the tel#
of free attorney referral services. Call them and ask for an
opinion about the attorney you are considering.
(4) Make sure that there are no restraining orders from the supreme
judicial court that prohibits the attorney from practising.
(5) Check prior experiences of the attorney with cases similar to that of
yours. In particular, find out if the attorney has been successful
in the past.
(6) Finally, in your first consultation with the lawyer, feel free to
bring up all questions and details pertaining to your case (this
includes legal fees, processing time etc).
(1)-(6) are issues that must necessarily be considered but are
not sufficient.
These are merely guidelines for choosing an immigration attorney.
These are by no means comprehensive. Please feel free to add your
suggestions or comments to the above list.
Q. Is there a list of "recommended lawyers" ?
A: [from B.G. Mahesh, mahesh@evb.com]
Rajiv S. Khanna
LAW OFFICES OF RAJIV S. KHANNA
1129 20th Street, NW, Suite 400
Washington, DC 20036-3403
Phone : 202-466-2113
Fax : 202-785-1741
Email : rskhanna@access.digex.net
[from Th. Bullinger, thomas@idx.kodak.com]
Santosh Pawar
1000 East Ave.
Rochester, NY 14607
Phone : 716-461-4074
[from Alberto, alberto@cybernet.cse.fau.edu]
The Law Offices of Ronald Freeman in NYC,
specifically Jenny Nieves at that office.
Their phone number is 800-522-5275.
[from hirai@cc.swarthmore.edu]
Peter T. Baumann, Karren A. DeSeve, Jon Landau
437 Chestnut St.
Suite 905
Philadelphia, PA 19106
Phone : 215-925-0705
[from Kannan Varadhan, kannan@catarina.usc.edu]
Ms. Deborah Youtsey
Bartlett and Weigle Co. LPA
432, Walnut Street, Cuite 1100,
Cincinnati, OH 45202.
Phone : 513 241 3992
Fax : 513 241 1816
[From Rob Lingelbach, rob@xyzoom.info.com]
Steven W. Blalock (Blalock and Gray)
11726 San Vicente Blvd #650
Los Angeles, CA 90049
Phone : 310 447 5665
[from Muralidhar Rangaswamy, mrangasw@cat.syr.edu]
Steven A. Clark
Flynn & Clark P.C.,
One Main Street, P.O. Box 25, Cambridge, MA 02142.
Phone : (617)-354-1550
Fax : (617)-661-2576
[From Ranganath Dandi, dandi@killians.gsfc.nasa.gov]
Thomas Williams
Ste. 1501
5205, Leesburgh Pike
Falls Church, VA 22041
Ph: (703)-845-8800
Fax:(703)-998-0328.
[From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
Steven A. Clark
Flynn & Clark P.C.,
One Main Street,
P.O. Box 25,
Kendall Square,
Cambridge MA 02142-0001
Phone : (617)-354-1550
Fax : (617)-661-2576
[From Dr. M. V. Ramakrishna, krishna@ramanujan.chem.nyu.edu]
Mr. S. Gayathrinath
299 Broadway, Suite 603
New York, NY 10007-1901
Phone : 212-791-4210
Fax : 212-571-7405
Q. Are there any lawyers you don't recommend ?
A: Please see disclaimer section before you read any further ;-)
[From Rob Lingelbach, rob@xyzoom.info.com]
Neville Asherson (Asherson & Klein)
9150 Wilshire Blvd.
Beverly Hills, CA 90212
Q: What are the numbers for "Ask Immigration" Telephone Information
Systems operated by INS.
A: [from C. Huda Dodge, dodgec@ucs.orst.edu]
INS operates "Ask Immigration" Telephone Information Systems,
through which you can access recorded messages about various
immigration topics. The information below is taken from the INS
brochure on this system (Form M-243).
One can access the recorded messages from the following telephone numbers:
Albany, NY (518) 472-4621 Newark, NJ (201) 645-4400
Albuquerque, NM (505) 766-2378 New Orleans, LA (504) 589-6533
Anchorage, AK (907) 271-4953 NYC, NY (212) 206-6500
Arlington, VA (202) 307-1501 Norfolk, VA (804) 441-3081
Atlanta, GA (404) 331-5158 Oklahoma City, OK (405) 942-8670
Baltimore, MD (301) 962-2065 Omaha, NE (402) 697-9155
Boise, ID (208) 334-1821 Orlando, FL (407) 826-5870
Boston, MA (617) 565-3879 Philadelphia, PA(215) 597-3961
Buffalo, NY (716) 849-6760 Phoenix, AZ (602) 379-3122
Charleston, SC (803) 724-4350 Pittsburgh, PA (412) 644-3356
Charlotte, NC (704) 523-1704 Portland, ME (207) 780-3352
Chicago, IL (312) 353-7334 Portland, OR (503) 326-3006
Cincinnati, OH (513) 287-6080 Providence, RI (401) 545-7440
Cleveland, OH (216) 522-4770 Reno, NV (702) 784-5427
Dallas, TX (214) 655-5384 Sacramento, CA (916) 551-2785
Denver, CO (303) 371-3041 Salt Lake City, UT(801) 524-5771
Detroit, MI (313) 226-3240 St. Albans, VT (802) 951-6658
El Paso, TX (915) 532-0273 St. Louis, MO (314) 539-2532
Fresno, CA (209) 487-5091 St. Paul, MN (612) 854-7754
Harlingen, TX (512) 425-7333 San Antonio, TX (512) 229-6350
Hartford, CT (203) 240-3171 San Diego, CA (619) 557-5570
Helena, MT (406) 499-5288 San Francisco, CA (415) 705-4411
Honolulu, HI (808) 541-1379 San Jose, CA (408) 291-7876
Houston, TX (713) 847-7900 San Juan, PR (809) 766-5280
Indianapolis, IN(317) 226-6009 Seattle, WA (206) 553-5956
Jacksonville, FL(904) 791-2624 Spokane, WA (509) 353-2129
Kansas City, MO (816) 891-0603 Tampa, FL (813) 228-2131
Las Vegas, NV (702) 384-3696 Tucson, AZ (602) 670-6229
Los Angeles, CA (213) 894-2119 West Palm Beach, FL(407) 844-4341
Louisville, KY (502) 582-6375
Memphis, TN (901) 544-3301 TDD Users: (202) 307-1512
Miami, FL (305) 536-5741
Milwaukie, WI (414) 297-3565
People who don't like electronic answering services should stay away from
this system. For quick reference, especially if you live in one of the
cities listed, it is really quite convenient. One must push the # of the
recording you wish to hear (and in Portland, OR at least, one *must* listen
to a message before you can talk to a real person). If you don't know the
#, you have to listen to a menu list of options. To make things easier,
this "Message Guide" was printed in the brochure:
101 The INS
102 How to report aliens illegally in the US...
103 PRC nationals
104 The INS Outreach program
105 Where to mail applications
106 Reporting your change of address to INS
107 How to obtain copies of documents
108 Immigrant visa availability list
109 Filing appeals and motions
201 Who is eligible for legalization
202 Employer sanctions
203 Family fairness program for legalized aliens
204 Anti-discrimination protection under immigration law
205 How to apply for PR status if resided continuously since 1972
206 Special agricultural worker program
207 Systematic alien verification for entitlements program
301 Filing petitions to sponsor an immediate relative
302 " " to sponsor prospective immigrant employees
303 How and alien in the US can request to change status to PR
304 When a US citizen marries a foreign national outside the US
305 How to file a joint petition...to remove conditional status of PR
306 Immigration benefits for adoption before 16th b-day
307 Orphan petitions
308 Application for asylum in the US
309 PR for recipients of approved asylum applications
401 How to obtain an alien residency card
402 Applying for a replacement " " "
403 If you never received you " " "
501 Nonimmigrant or temporary visas
502 How to request an extension of temporary stay
503 Change of status from one nonimmgrant class to another...for work
504 Applying for a replacement I-94 arrival/departure document
505 Temporary visitor's visa
506 A fiance/fiancee visa
507 Requirements for class. as a nonimm. temp. worker (H1, H2 & H3)
508 Requirements for class. as a J1 or nonimm. exchange alien
509 L-1 visa status for intracompany transfers
510 Requirements for class. as an E1 or E2 ... treaty trader or investor
601 Permission to go to school
602 Student visa extension
603 Permission for foreign student to work
604 Visas for spouse & dependent children of foreign students
605 School transfers for F1 & M1 foreign students
606 How to maintain your student status
701 Departure from the US by permanent residents
702 Student travel outside the US
703 Travel authorization for refugees
704 How to request emergency travel
705 Travel by an alien whose PR application is still pending
801 Citizenship and naturalization requirements
802 " for children born outside the US
803 Naturalization based on military service
804 Derivative citizenship for children of US citizens
805 Residency requirements for naturalization
806 How to file for naturalization on behalf of a child
807 Replacement of certificate of citizenship or naturalization
808 How to renounce or forfeit US citizenship
Q: Which is the best time to change this maiden name to the
married name and how to go about it?
A: [From Rajiv S. Khanna, rskhanna@access.digex.net]
In terms of immigration documents, all papers that are
filed should list spouse by her married name and "also
known as XYZ (Maiden name)." Most INS forms provide a
space for "Other Names USED." Now if it is too late
and a green card in her maiden name has already been issued,
INS has a form for it. I believe you have to apply for reissuance
of GC, same form as if your GC had been stolen or destroyed. If
anyone knows any different, please correct.
Q: What is form XXX ?
A: [From B.G. Mahesh, mahesh@evb.com]
N-400 : Application for Naturalization
N-600 : Application for Certification of Citizenship
I-90 : Application to Replace Alien Registration Card
I-130 : Petition of Alien Relative
I-131 : Application for Travel Document
I-485 : Application to Register Permanent Residence
or Adjustment of Status
I-600 : Petition to Classify Orphan as an Immediate Relative
I-765 : Application for Temporary Employment Authorization
Q. Wish List
Need to add info regarding Citizenship, visitor visa..
If you have any info regarding these please email your
questions/answers to me directly.
--
B.G. Mahesh | Email: mahesh@evb.com
Software Engineer | mahesh@sett.com
EVB Software Engineering, Inc. | FAQ maintainer of alt.visa.us
-------------------------------------------------------------------------------
Area # 2120 news.answers 05-30-94 10:13 Message # 13266
From : mahesh@evb.com
To : ALL
Subj : FAQ : alt.visa.us J Visa
ÿ@SUBJECT:FAQ : alt.visa.us J Visa questions and answers (part 4 of 6)
Message-ID: <CqMCuA.3Mz@evb.com>
Newsgroups: alt.visa.us,alt.answers,news.answers
Organization: EVB Software Engineering, Inc.
Archive-name: us-visa-faq/part4
Last-Modified: April 18, 1994
Many FAQs, including this one, are available via FTP on the archive site
rtfm.mit.edu in the directory pub/usenet/news.answers. The path for this
faq is /pub/usenet/news.answers/us-visa-faq/part4. To get the FAQ by
E-mail, you should send a message to mail-server@rtfm.mit.edu with
send usenet/news.answers/us-visa-faq/part4
in the body of the message.
Please see part1 of this faq for standard disclaimers.
Questions marked with a + indicate questions new to this issue;
those with significant changes of content since the last issue
are marked by *:
J Visa
------
[from Henning Schulzrinne, hgs@research.att.com]
Note that not all J1 visa holders are subject to the two-year home
residency (HRR) requirement. Examine your IAP-66 form (bottom left
corner) and the visa stamp in your passport. You are generally
subject to the HRR if you at any time accepted money from either your
home government or (particularly) the US government or if you are on a
special skills list (medical doctors in particular). The home
residency requirement aims to protect the home government and the
goals of the exchange agreement.
If you changed schools, funding agencies, etc., you may have a
checkmark that the requirement does not apply on your current visa
stamp or IAP-66. However, "once subject to the HRR, always subject",
i.e., thus, this does not help.
Q: On what grounds can I get a waiver?
A: 1) national interest: a government agency (NASA, NSA, CIA, ...)
declares an interest in you and petitions the USIA to waive
the HRR. Does not appear a good avenue unless you work for that
agency or do security-related work.
2) extreme hardship to self or citizen spouse: Seems to imply that
you or your spouse are on their deathbeds, with treatment only
available in the United States. Mere career inconvenience to
spouse, even if U.S. citizen, does not seem to matter. (After all,
the spouse should have known about this before getting married...)
3) political persecution; residents of European countries might
not want to pursue this. Residents of the PRC have a blanket
waiver (Pelosi bill?).
4) NORI/no-objection: the home government issues a statement
of no-objection; seems to be the common and successful approach
for Indian citizens.
Q: Does marriage to a US citizen help?
A: No. If the US citizen was dumb enough to marry a J1 visa holder,
her/his problem. (see 'extreme hardship' for unlikely exception).
Next, please.
Q: Who makes the waiver decision?
A: USIA recommends to INS, which generally accepts recommendation,
particularly negative ones.
Q: What is USIA's address?
[from Michael Galperin, MYGALP01@ulkyvm.louisville.edu]
A: YOU DON'T WRITE TO USIA. It is done either by your embassy or by
interested US agency (NIH, DHHS, DOE etc). Anyway, the address is
(courtesy of our International Center):
US Information Agency
Office of the General Counsel
Waiver Review Office
Washington DC 20547
Phone (202)-475-2385
Q: What's a NORI?
A: "No obligation to return"; also known as a "no-objection"
statement. Issued by the home government, usually through their
consulate. Issued routinely by most European countries, but
may not help a lot (see next question).
Q: If I get a NORI, will I get a waiver?
A: No. The NORI is a necessary condition (for this particular form
of waiver), but not sufficient. Generally, the determination is
up to the USIA. Fulbright students can generally forget a waiver
unless they fall below the threshold (see next question).
Q: Is there a threshold of money received below which a waiver is
automatically granted?
A: No, but if you received less than $2000, you at least have a
chance. Fulbright grantees' applications have been known to be
rejected even with grants below that, on the argument that the
program itself, beyond monies expended on behalf of an individual,
push each individual above that limit. Above that limit, you can
only hope to be from the PRC, or use the other avenues described
above.
Q: Can I pay back the money I got and get out of the HRR?
A: No. In this respect, Fulbright grants differ from all other
college grants, which, if you don't live up to your end of the
bargain, at worst forfeit the loan waiver.
Q: Can I visit the United States while serving my two-year sentence?
A: Yes, but the time is (supposedly) subtracted from your residence time.
Vacation in a third country is o.k.
Q: Do I have to return to my home country?
A: Yes. More precisely: country of citizenship or last residence
prior to entering the United States.
Q: Can I reside in my home country and work in another country?
A: Currently not. Apparently, there are rumblings about making
residency and work in any of the European Community countries
equivalent, but that has not happened.
Q: Can I work for a company of my home country in another country?
A: Good question. Don't know.
Q: Does writing to your congress person help?
A: No, you just get a longer letter of denial.
Q: What do I need to show after the two years to prove that I
resided and worked in my home country?
A: Good question. Anybody know?
Q: Can I apply for H-1B, permanent residency, etc. while serving the
HRR?
A: Yes. The visum will be issued the day your two years are up. This
is particularly advisable for those who can get visas without
labor certification (family preference). You can apply at the
US consulate in your home country.
Q: How do I go about applying for a waiver? Do I have to work for
the sponsoring agency?
A: [From Isidore Rigoutsos, rigoutso@watson.ibm.com]
It is *not* true that you have to work for the sponsoring agency. Of
course, if you do work for them it helps. More specifically, the
following can happen: one works for a certain company doing research or
other work that will lead into the development of a product or of a
technology that will give the US a market edge or a technological edge.
Clearly, any such claim will have to be backed up by company statements,
descriptions, recommendation letters etc. Then, an alternative route is
through the Department of Commerce. The latter will examine the case and
decide whether they want to apply for a waiver on your behalf with USIA.
Actually, that was my case; I am currently in the period where USIA has
recommended the waiver to INS but the latter have not yet decided. In case
you are wondering about the type of my research, I do work on
computational/molecular biology and pattern matching. Two more
alternatives
that I know of are waiver applications sponsored by the Department of
Health
(for those that are in health science fields), and by the Department of
Defense.
Q: How long does the whole process take?
A: [From Isidore Rigoutsos, rigoutso@watson.ibm.com]
The period between the day you file with the Department of Commerce and
the day USIA makes a decision is in the order of 4 months. To this one
should add an overhead of 3 months or so during which period one is
preparing the application package: supporting documents, recommendation
letters, etc.
Q: Do I need to hire a lawyer to apply for a waiver?
A: [From Isidore Rigoutsos, rigoutso@watson.ibm.com]
Probably not a good idea given that the necessary overhead (paperwork) is
probably more than one can handle.
Q: How often can I apply for a waiver?
A: Every six months.
Q: Does a J1 have any advantages?
A: Yes. You get 36 months of practical training (instead of 12 months
for an F1). Also, your spouse may work on a J2 visa during your
stay after getting permission from INS.
Q: When can an interested U.S. Govt. agency sponsor me for
a waiver of the HRR?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
You need to work directly for the interested Government agency
or work for them through a contractor.
Q: Can an interested U.S. Government agency sponsor me for
a waiver if I work for a private company?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
Certainly. Your company needs to demonstrate that by hiring you,
the USA gets a technological or market edge. Relevant documents
should be submitted to the Dept. of Commerce which will then make
a decision to sponsor you or not.
Q: If an interested U.S. Govt. agency sponsors me, will I get a waiver?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
I am not aware of anyone who has been refused an IGA
(Interested Govt. Agency) waiver.
Q: How long does it take for me to obtain the waiver once I submit
my papers to the interested Govt. agency?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
Approximately 4-6 months (There is no standard time frame though).
Q: What is the procedure followed in an IGA waiver?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
You first submit the necessary forms and supporting documents to the
interested U.S. Government agency. If they decide to sponsor you for
a waiver, they send their recommendation to the USIA directly and
advise you of their action. The USIA sends you a `Data Sheet' which you
need to complete for their review. The USIA then makes a recommendation
to the INS to grant the waiver or otherwise.
--
B.G. Mahesh | Email: mahesh@evb.com
Software Engineer | mahesh@sett.com
EVB Software Engineering, Inc. | FAQ maintainer of alt.visa.us
-------------------------------------------------------------------------------
Area # 2120 news.answers 05-30-94 10:13 Message # 13267
From : mahesh@evb.com
To : ALL
Subj : FAQ : alt.visa.us K, L &
ÿ@SUBJECT:FAQ : alt.visa.us K, L & Visitors Visa questions and answers
Message-ID: <CqMCuz.3ps@evb.com>
Newsgroups: alt.visa.us,alt.answers,news.answers
Organization: EVB Software Engineering, Inc.
Archive-name: us-visa-faq/part5
Last-Modified: May 20, 1994
Currently, the alt.visa.us FAQ is maintained by
B.G. Mahesh [mahesh@evb.com]
Many FAQs, including this one, are available via FTP on the archive site
rtfm.mit.edu in the directory pub/usenet/news.answers. The path for this
faq is /pub/usenet/news.answers/us-visa-faq/part5. To get the FAQ by
E-mail, you should send a message to mail-server@rtfm.mit.edu with
send usenet/news.answers/us-visa-faq/part5
in the body of the message.
Please see part1 of this faq for standard disclaimers.
Questions marked with a + indicate questions new to this issue;
those with significant changes of content since the last issue
are marked by *:
K Visa
------
Q: Who can apply for K visa?
A: [from Neil Kolban, kolban@vnet.IBM.COM]
The K class visa is the "alien fiance(e)" visa, which an nonimmigrant
visa. A US citizen who whishes to marry a foreigner may file a K
class petition (I129F) which, when granted, allows the foreigner to
enter the US and marry within 90 days of arrival. Once married, the
foreigner should file for conditional permanent residence. There are
two K class visas:
K1 - for direct fiance(e)
K2 - for children of fiance(e)
Q: How do I obtain a K visa for my fiance(e) (who is not currently in
the US)?
A: [From Rob Lingelbach, rob@xyzoom.info.com]
You must petition the INS, obtain their approval, and then the
fiance(e) must submit to an interview at the US consulate in the
foreign country.
Q: How long does it take to get a K visa?
A: [From Rob Lingelbach, rob@xyzoom.info.com]
Generally, once the petition is filed, it takes about 30 days to
hear from the INS their approval or denial, then at least another
30 days for the paperwork to be transmitted to the foreign embassy
and for the interview appointment to be arranged. It can take up
to 5 or 6 months total, though usually it is 90 days or so.
Q: How long is it good for? What are the conditions?
A: [From Rob Lingelbach, rob@xyzoom.info.com]
It is valid for 90 days, within which time you must get married and
then apply for the change of status to permanent residence.
Q: What is needed for the petition?
A: [From Rob Lingelbach, rob@xyzoom.info.com]
Forms needed: the G-325A, Biographic Information, must be filled
out for the petitioner and the fiance(e), and the I-129F Petition
for Alien Fiance(e).
Q: Can I do this myself, or do I need a lawyer?
A: [From Rob Lingelbach, rob@xyzoom.info.com]
Either. An attorney can help expedite and answer questions, but
there is no reason it can't be done without one.
Q: How much will a lawyer charge?
A: [From Rob Lingelbach, rob@xyzoom.info.com]
Varies widely, but quotes here in Los Angeles were:
$1500 due upon approval of petition
$1200 covering both fiance(e) visa *and* eventual green card
**note**: approval of the petition does not complete the process of
obtaining a fiance(e) visa!! The fiance(e) must still be interviewed
and approved by the consulate.
Q: How will I know the petition is approved?
A: [From Rob Lingelbach, rob@xyzoom.info.com]
You will be sent a Notice of Action, Form I-797, stating approval
or disapproval.
Q: What is needed after petition approval?
A: [From Rob Lingelbach, rob@xyzoom.info.com]
The fiance(e) should call the US consulate, and an
interview will be scheduled after the fiance(e) has gathered the
following items: [from jrallen@devildog.attmail.com]
--Two certified copies of the birth certificate.
--A passport valid for at least 6 months.
--A police certificate in duplicate, certifying no criminal record.
--A medical examination by a doctor approved by the
consulate will take place before the interview.
--Four color photographs.
--Evidence of support in the US --proof that the fiance(e) will not
become a charge of the USA. Form 167 details what is needed;
the Affidavit of Support (I-134) is the usual method. This form
requires:
1) Income, property, and investment information.
2) Loans and expenses.
3) Willingness to deposit a bond with immigration.
4) Acknowledgement of the Social Security Act....
5) Notarized copies of latest tax return.
6) Statement from employer about salary.
7) Statement from bank officer about accounts...
8) If well established as a business owner, a rating from
a rating agency.
- For previously married persons, two copies of their marriage
certificate and proof of termination.
Q: What is needed at the interview?
A: [From jrallen@devildog.attmail.com]
o Proof of the relationship.
o Photos showing the two of you together, letters and correspondence,
telephone bills, airline tickets, etc.
The INS is very interested in being certain that it is not a "sham"
marriage for the purpose of immigration. Typical questions asked:
where you met, where the US citizen works.
L Visa
------
This entire section was published on page 36 of "India Abroad",
Dec 31, 1993. I have included just a part of it. "India Abroad"
or the author of this article is in NO WAY responsible for the
information provided here.
Q. What is L-1 visa?
A. The L-1 visa category was established to facilitate the transfer
or rotation of foreign personnel of an international company into
the United States. Although originally targeted toward large U.S.
multi-national corporations, this is an appropriate method for companies
of all sizes to seek immediate immigration benefits for their
qualifying employees. Further, the L-1 visa may provide quick access
to lawful permanent resident (immigrant) status in the United States.
Q. Who qualifies for a L-1 visa?
A. The L-1 is available to a foreign national who, within the three
years immediately prior to entering the U.S., has been employed
abroad for at least one continuous year and is now seeking temporary
admission to the U.S. to be emplyed by a parent/branch/affiliate/subsidiary
of that foreign employer in a managerial or executive capacity, or in a
position requiring specialized knowledge.
Q. For how may years is L-1 visa issued for?
A. An L-1 petition may be approved initially for up to three years,
with the possibility of extension for up to four more years. In
the case of a "new office" in the U.S., the L-1 will be limited to
one year initially with extensions provided thereafter if the new
office flourishes.
Q. Can dependants of L-1 come to USA?
A. The spouse and children (under 21 years and unmarried) may obtain
L-2 visas allowing them to enter the U.S with the principal alien,
however, they are not allowed to work unless they can qualify on
their own for a work visa. They are allowed to attend school and/or
participate in volunatary organizations.
Visitors Visa
-------------
Q: What documents should I send to sponsor for a visitors visa?
A: [From B.G. Mahesh, mahesh@evb.com]
My in-laws got 5 year multiple entry visa from Madras, India.
I sent the following to them,
1. Letter of employment from my employer stating
how much I make and from when I am working for
this company.
2. Letter from my Bank.
3. I-134 and got it notarized in my bank [$1 fee for
notarization]. You can get I-134 from INS or your
internationl student office. I heard you can use
xerox copies of this form. If you send me an
self-addressed stamped envelope marked "Send I-134"
I can send you a copy of this form [I-134]. My address is,
BG Mahesh
1467 West Key Parkway #B4
Frederick MD 21702
4. Letter from me stating that I will take care of their
expenses in USA.
5. Visitor fee $100 each [Indian Rs. 3200/-]. BTW, I did
not send the money, they paid in Rs. in India.
+Q: Can the immigration officer at the port of entry (or any other
INS officer) cancel the B1/B2 visa? If so, on what grounds?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
The INS can refuse entry (which functionally amounts to the
same thing as cancelling a visa). That happens mostly when
the INS discovers something that is contrary to your declared
intention in getting the B-1/B-2.
Typical example: you have a fiance(e) in the U.S. INS discovers
love letters (long, mushy ones) in your documents. Or during
conversation with an INS officer you let slip that you are panning
to get married in the U.S. These are some of the examples I have
seen personally. Legally, there is a bunch of grounds such as past
criminal convictions, past immigration violations, certain diseases etc.
(technically called "grounds of exclusion") that can bar ones entry
despite possession of a valid visa.
--
B.G. Mahesh | Email: mahesh@evb.com
Software Engineer | mahesh@sett.com
EVB Software Engineering, Inc. | FAQ maintainer of alt.visa.us
-------------------------------------------------------------------------------
Area # 2120 news.answers 05-30-94 10:14 Message # 13268
From : mahesh@evb.com
To : ALL
Subj : FAQ : alt.visa.us GC and
ÿ@SUBJECT:FAQ : alt.visa.us GC and Citzenship questions and answers (p
Message-ID: <CqMCvv.3sL@evb.com>
Newsgroups: alt.visa.us,alt.answers,news.answers
Organization: EVB Software Engineering, Inc.
Archive-name: us-visa-faq/part6
Last-Modified: May 30, 1994
Currently, the alt.visa.us FAQ is maintained by
B.G. Mahesh [mahesh@evb.com]
Many FAQs, including this one, are available via FTP on the archive site
rtfm.mit.edu in the directory pub/usenet/news.answers. The path for this
faq is /pub/usenet/news.answers/us-visa-faq/part6. To get the FAQ by
E-mail, you should send a message to mail-server@rtfm.mit.edu with
send usenet/news.answers/us-visa-faq/part6
in the body of the message.
Please see part1 of this faq for standard disclaimers.
Questions marked with a + indicate questions new to this issue;
those with significant changes of content since the last issue
are marked by *:
Labor/GC
--------
Q. How many days/weeks/months does it take to get a Labor Clearance
for GC?
A: [from B.G. Mahesh, mahesh@evb.com]
This depends on the state you reside. After you send in the responses
for your advertisement it can take anywhere from 4 weeks to 6 months
[assuming the labor department did not find any problem with your case]
Q. What is involved in the labor certification?
A: [from B.G. Mahesh, mahesh@evb.com]
o Prepare a job description for the job being offered.
o Job must be "permanent".
o Alien must be paid at least the minimum wages prevalent
for the job in the geographical area of employment.
o You need to advertise the job for 10 business days in your office
o Advertise for 3 consecutive days in a newspaper.
DOL [dept of labor] will send in all the responses they get
for your advertisement and your employer needs to justify why
you are better than other applicants. If the DOL doesn't approve
your labor then you can't apply for labor clearance for the next
6 months.
Q. Does the employer need to show the company's finances?
A: [from B.G. Mahesh, mahesh@evb.com]
Basically the employer needs to demonstrate that the company is
financially sound and it can afford to employ you. So your
employer may have to show the company's finances.
Q. Should I apply for GC together with the H-1B, or after I get the H-1B?
A: [from B.G. Mahesh, mahesh@evb.com]
You can apply for GC with H-1B but it is advisable to wait for about
3-6 months after you get H-1B to apply for GC.
Q: If one were waiting for a GC date to become current,
after one got one's labor certification AND the 6 year
limit on H-1B expires while waiting, will one have to
leave the country ?
A: [from Rajiv S. Khanna, rskhanna@access.digex.net]
Yes, unless you are close enough to getting a green card so
that your adjustment of status application can be filed, so
that you may get a work permit through pendency of adjustment
status.
Q: Will all the GC wait come to a naught in this case , or can
one wait for it outside the country ?
A: [from Rajiv S. Khanna, rskhanna@access.digex.net]
You can MOST certainly wait outside the country.
Q: When Labor Certification has been recieved, is H-1B still the
operating visa, or do you fall under some new status ?
A: [from Rajiv S. Khanna, rskhanna@access.digex.net]
Mere receipt of labor certification does not change your status.
You have to apply to the INS for change of status.
Q: Can one apply for GC through an employer while on H-1 for
another employer?
A: [from Rajiv S. Khanna, rskhanna@access.digex.net]
Yes. The labor cert is for a job in future, which is
currently available to test the labor market. It is open
for US workers. The "alien" may only accept it upon receiving
his/her permanent residence. The H-1, however, is for an entirely
different job.
Q: Can an applicant qualify for a GC without going through
Labor Certification?
A: [from Jaap Akkerhuis, jaap@tempel.research.att.com ]
To qualify as an outstanding professor or researcher, INS requires
meeting at least two of six criteria as follows:
(1) Receipt of major prizes or awards for outstanding
achievement in the academic field.
(2) Membership in associations requiring outstanding achievements
for their members.
(3) Published material in professional publications written by
others on behalf of the person's work in the academic field.
(4) Evidence of the person's participation either individually or
a panel as the judge of work of others in the same or allied
academic field.
(5) Evidence of the person's original scientific or scholarly
research contributions in the academic field.
(6) Evidence of authorship of scholarly books or articles in
scholarly journals with international circulation in the
academic field
In addition, the person must have at least three years of experience
in the academic field. Such work while working on an advanced degree
is not acceptable unless the person obtained the degree and the person
had full responsibility for classes taught or, for research conducted
toward the degree, it has been recognized within the academic field as
outstanding. Such evidence can be in the form of letter or letters from
current or former employers.
So note that a PhD is not required (I don't have one).
Q: What category spouses of GC holders fall under?
A: [from Rajiv S. Khanna, rskhanna@access.digex.net]
Family preference 2A.
Q: What is the waiting period for such cases?
A: [from Rajiv S. Khanna, rskhanna@access.digex.net]
As of December 1993:
Appx. 2.5 to 3 years for India.
Q: And, I had heard that there was a bill up for vote. Do you have
any information on this?
A: [from Rajiv S. Khanna, rskhanna@access.digex.net]
The proposed special noimmigrant "S" visas were never voted
on in Congress. The bill is on the back burner.
Q: What is the time-frame to get a GC if the spouse is an U.S. citizen?
A: [from B.G. Mahesh, mahesh@evb.com]
You will get a temporary green card as soon as you marry
a US citizen. After 2 years that card will get a permanent
GC [You have to prove/show to INS that the marriage is genuine].
Q. Does a parent (green card holder) who has filed for a green card for
his/her unmarried child who is under 21 years of age, have to file
another petition if the child turns 21 while waiting for the green card?
A: [from Suresh, sur@hrojr.hr.att.com]
NO, the petition is automatically moved from category 2A (unmarried
children under the age of 21) to category 2B (unmarried children over
the age of 21--I'm not sure if this category includes married children
also). The 2B category moves much slower than 2A.
Q: Can GC holders sponsor for their parents GC?
A: [from Rajiv S. Khanna, rskhanna@access.digex.net]
US GC holder can *only* sponsor his/her spouse and unmarried children.
Q: If I gained lawful permanent resident status (LPR) through a
previous marriage, can I petition for my current spouse to immigrate
to the US based on my LPR?"
A: [From Brandon Nutter, bnutter@silver.ucs.indiana.edu]
You may NOT file an I-130 (Petition for Alien Relative) for
E. A husband or wife if you gained lawful permanent resident status
by virtue of a prior marriage to a United States citizen or lawful
permanent resident unless:
1) a period of five years has elapsed since you became a lawful
permanent resident; OR
2) you can establish by clear and convincing evidence that the
prior marriage (through which you gained your immigrant status)
was not entered into for the purpose of evading any provision of
the immigration laws; OR
3) your prior marriage (through which you gained your immigrant
status) was terminated by the death of your former spouse.
Q: What does "current" mean?
A: [from Rajiv S. Khanna, rskhanna@access.digex.net]
"Current" means there is no waiting involved. All people
qualified for the category in question can immediately apply
for adjustment of status (if within U.S.) or an immigrant visa
(if outside the U.S.).
+Q: What are the benefits/restrictions of a U.S. Permanent Resident?
A: [from Alberto Molina, alberto@cybernet.cse.fau.edu]
- Ability to leave/enter the U.S. at will without the risk of being
denied entry by an Immigration official at the port of entry.
- Right to apply for government-sponsored financial aid for education.
- Permission to work in any company located in U.S. territory
regardless of job function, hours/week, etc. except for some
companies that only hire U.S. citizens.
- Permission to start own business and create own corporation.
- To keep PR, the person must reside in the U.S. for a minimum number
of days per year (does anybody know what's the limit?)
- Permanent residents get Social Security benefits when they retire.
- Permanent residents can get into welfare if unable to get a job.
- Permanent residents can sponsor spouse and unmarried children to
obtain PR status.
- Permanent Residents have to perform Jury duty.
- Permanent residency can be revoked if the permanent resident gets
involved in illegal activities. An example is a case that was discussed
in this newsgroup where a permanent resident was deported for drug use.
- Permanent residents cannot vote.
GC Lottery
----------
DEPARTMENT OF STATE
Bureau of Consular Affairs
[Public Notice 1974]
Registration for the Diversity Immigrant (DV-1) Visa Program
ACTION: Notice of registration for the first year of the Diversity
Immigrant Visa Program
This public notice provides information on the application
procedures for the 55,000 immigrant visas to be made available in
the DV-1 category during Fiscal Year 1995. This notice is issued
pursuant to 22 CFR 42.33 which implements Sections 201(a)(3),
201(e), 203(c) and 204(a)(1)(G) of the Immigration and Nationality
Act, as amended, (8 U.S.C. 1151, 1153, and 1154). Final
regulations related to this Notice are being published
simultaneously with this Notice elsewhere in this issue of the
Federal Register.
Information on the Application Procedures for the 55,000 Immigrant
Visas To Be Made Available in the DV-1 Category During Fiscal Year
1995
Sections 201(a)(3), 201(e), 203(c) and 204(a)(1)(G) of the
Immigration and Nationality Act, as amended, taken together
establish, effective for Fiscal Year 1995 and thereafter, an annual
numerical limitation of 55,000 for diversity immigrants. Aliens
who are natives of countries determined by the Attorney General
according to a mathematical formula specified by the law will be
able to compete for immigration under this limitation. This
program is identified by the visa symbol DV-1 and is informally
known as the "visa lottery." The law specifies that there must be
a separate registration for each year's DV-1 visas. This
information concerns the application period during 1994 for visas
to be issued during fiscal year 1995.
Qualifying Countries and Areas Under the DV-1 Program
The law apportions immigrant visa issuance among six
geographic regions (Africa, Asia, Europe, North America - other
than Mexico, Oceania, and South America including Mexico, Central
America, and the Caribbean) according to a formula based on total
immigrant admissions over the most recent five-year period. The
formula identifies both high and low admission regions and high
admission foreign states. A greater share of the available visa
numbers go to low admission regions than to high admission regions.
High admission states are excluded entirely from the program. No
single country may receive more than 7 percent (3,850) of the
world-wide total of visa numbers.
The U.S. Attorney General determines and publishes separately
the countries whose natives (as that term is explained in question
1) are entitled to apply for DV-1 visas during Fiscal Year 1995.
According to the law, countries are grouped by region (see list at
the end of this notice). The allotment of visa numbers for each
region is shown in parenthesis below:
AFRICA:(20,200) All countries.
ASIA: (6,837) All countries EXCEPT the following:
China - mainland born and Taiwan
born, India, Philippines, Vietnam,
and South Korea. (Hong Kong is
eligible).
EUROPE: (24,549) All countries EXCEPT the following:
United Kingdom and its dependent
territories. (Northern Ireland is
eligible).
NORTH AMERICA: (8) Canada is not eligible. The Bahamas
is the ONLY eligible country
included in the North American
region.
SOUTH AMERICA: (2,589) All countries EXCEPT Mexico,
Jamaica, El Salvador and the
Dominican Republic.
OCEANIA: (817) All Countries.
How and When to Apply for DV-1 Status
The application period for registration for the visas to be
issued during Fiscal Year 1995 (i.e. from October 1994 through
September 1995) will begin at 12:01 a.m. (Eastern Time) on
Wednesday, June 1, 1994, and will end at midnight on Thursday,
June 30, 1994. Applications must be typed or clearly printed and
mailed to one of the six following addresses, depending upon the
region of the applicant's native country:
NOTE CAREFULLY THE IMPORTANCE OF USING THE CORRECT
POSTAL ZIP CODE FOR EACH REGION.
ASIA: DV-1 Program
National Visa Center
Portsmouth, NH 00210, U.S.A.
SOUTH AMERICA: DV-1 Program
National Visa Center
Portsmouth, NH 00211, U.S.A.
EUROPE: DV-1 Program
National Visa Center
Portsmouth, NH 00212, U.S.A.
AFRICA: DV-1 Program
National Visa Center
Portsmouth, NH 00213, U.S.A.
OCEANIA: DV-1 Program
National Visa Center
Portsmouth, NH 00214, U.S.A.
NORTH AMERICA: DV-1 Program
National Visa Center
Portsmouth, NH 00215, U.S.A.
Typed or clearly printed in the Roman alphabet in the upper
left hand corner of the front of the envelope must be the country
or area of which the applicant is a native. Typed or clearly
printed below the country must be the same name and mailing address
of the applicant as are shown on the application form contained
therein. Failure to include this information will disqualify the
application.
Example: Pakistan, George Q. Public, 1234 Any Street, Apt. 5,
Center City, CA 90001.
Only one application may be submitted by or for each applicant
during this registration period. (Submission of more than one
application will disqualify the person from registration.)
Applications for registration will be grouped by region and will be
selected strictly in a random order from among all those received
during the application period. Every application received will
have an equal chance of being selected.
Applications must be sent to the addresses above by regular
mail or air mail only, and may be mailed from within the United
States or abroad. The information required on the envelope must be
typed or clearly printed. Any applications submitted by hand,
telegram, FAX, or by any means requiring any form of special
handling or acknowledgement of receipt, such as registered mail,
express mail, or certified mail will not be eligible for the visa
lottery. Applications received at the post office either
before or after the application period, or delivered to any other
address will not be processed for registration. Only one
application may be included in each envelope.
Size of Envelope
The envelope in which each application is mailed must be
BETWEEN 6 inches and 10 inches (15 cm to 25 cm) IN LENGTH, and
BETWEEN 3 inches and 4 inches (9 cm to 11 cm) IN WIDTH. This is
necessary to assist the automated processing of the mail.
INFORMATION WHICH MUST BE INCLUDED WITH APPLICATION FOR
REGISTRATION
There is no application fee or special application form. The
request for registration in the lottery must furnish the following
information on a plain sheet of paper. All answers must be typed
or clearly printed in the Roman alphabet.
Each application must be in the following format:
1. APPLICANT'S FULL NAME
Last Name, First Name and Middle Name
(Underline Last Name/Surname/Family name)
Example: Public, George Quincy
2. APPLICANT'S DATE AND PLACE OF BIRTH
Date of birth: Day, Month, Year
Example: 15 November 1961
Place of birth: City/Town, District/County/Province, Country
Example: Munich, Bavaria, Germany
3. NAME, DATE AND PLACE OF BIRTH OF APPLICANT'S SPOUSE AND
CHILDREN, IF ANY
The spouse and child(ren) of an applicant who is registered
for DV-1 status are automatically entitled to the same status. To
obtain a visa on the basis of this derivative status, a child
must be under 21 years of age and unmarried. NOTE: Do NOT
list parents as they are not entitled to derivative
status.
4. APPLICANT'S MAILING ADDRESS
The mailing address must be clear and complete, since it will
be to that address that the notification letter for the persons
who are registered will be sent. A telephone number is optional.
5. APPLICANT'S NATIVE COUNTRY IF DIFFERENT FROM COUNTRY OF
BIRTH
See the answer to Question 1 in this notice regarding the
meaning of "native" for the purposes of the DV-1 program.
FREQUENTLY ASKED QUESTIONS ABOUT DV-1 REGISTRATION
1. HOW IS THE TERM "NATIVE" DEFINED? ARE THERE ANY BASES UPON
WHICH PERSONS WHO HAVE NOT BEEN BORN IN A QUALIFYING COUNTRY MAY
QUALIFY FOR REGISTRATION?
Native means BOTH someone born within one of the qualifying
countries AND someone entitled to be "charged" to such country
under the provisions of Section 202(b) of the Immigration and
Nationality Act. Applicants for DV-1 registration may be
charged to the country of birth of a spouse; a minor dependent
child can be charged to the country of birth of a parent; and
an applicant born in a country of which neither parent was a
native or a resident at the time of his/her birth may be
charged to the country of birth of either parent. An
applicant who claims the benefit of alternate chargeability
must include a statement to that effect on the application for
registration, and must show the country of chargeability on
the upper left hand corner of the envelope in which the
registration request is mailed.
2. MAY PERSONS WHO ARE IN THE U.S. APPLY FOR REGISTRATION?
Yes, an applicant may be in the U.S. or in another country,
and the application may be mailed in the U.S. or abroad.
3. IS EACH APPLICANT LIMITED TO ONLY ONE APPLICATION DURING THIS
DV-1 REGISTRATION PERIOD?
Yes, the law allows only ONE application BY OR FOR each
person; SUBMISSION OF MORE THAN ONE APPLICATION WILL
DISQUALIFY THE PERSON FROM REGISTRATION. NOTE: More than
400,000 applications were DISQUALIFIED during the 1993 and
1994 visa lotteries due to multiple applications. Applicants
may be disqualified at time of registration or at the time of
the visa interview if more than one entry is detected.
4. MAY A HUSBAND AND A WIFE EACH SUBMIT A SEPARATE APPLICATION?
Yes, if otherwise qualified, a husband and a wife may each
submit one application for registration; if either is
registered, the other would be entitled to derivative status.
5. MUST EACH APPLICANT SUBMIT HIS/HER OWN REQUEST, OR MAY SOMEONE
ACT ON BEHALF OF AN APPLICANT?
Applicants may prepare and submit their own request for
registration, or have someone act on their behalf. Regardless
of whether an application is submitted by the applicant
directly, or is assisted by an attorney, friend, relative,
etc., ONLY ONE APPLICATION MAY BE SUBMITTED IN THE NAME OF
EACH PERSON. Only one notification letter will be sent for
each case registered, to the address provided on the
application.
6. WHAT ARE THE REQUIREMENTS FOR EDUCATION OR WORK EXPERIENCE?
The law and regulations require that every applicant must have
at least a high school education or its equivalent or, within
the past five years, have two years of work experience in an
occupation requiring at least two years training or
experience. A "high school education or equivalent" is
defined as successful completion of a twelve-year course of
elementary and secondary education comparable to that of a
high school degree in the United States. Qualifying work
experience shall be based upon the most recent edition of the
Dictionary of Occupational Titles published by the Employment
and Training Administration of the United States Department of
Labor.
Documentary proof of education or work experience should NOT
be submitted with the application, but must be presented to
the consular officer at the time of formal immigrant visa
application.
7. HOW WILL CASES BE REGISTERED?
At the National Visa Center all mail received will be
separated into one of six geographic regions and individually
numbered. After the end of the application period, a computer
will randomly select cases from among all the mail received
for each geographic region. Within each region, the first
letter randomly selected will be the first case registered,
the second letter selected the second registration, etc. It
makes no difference whether an application is received early
or late in the application period; all applications received
within the mail-in period will have an equal chance of being
selected within each region. When a case has been registered,
the applicant will immediately be sent a notification letter,
which will provide appropriate visa application instructions.
The National Visa Center will continue to process the case
until those who are registered are instructed to make formal
application at a U.S. consular office or at an INS office in
the United States in the case of those who are entitled to
apply for change of status. The National Visa Center will
provide additional instructions on what steps to take to
pursue their applications for DV-1 visas.
8. MAY APPLICANTS ADJUST THEIR STATUS WITH THE INS?
Yes, provided you are otherwise eligible to adjust status, if
you are physically present in the United States you may apply
to the Immigration and Naturalization Service (INS) for
adjustment. Applicants who adjust, however, must first mail
completed forms OF-230, Part I, and DSP-122 to the National
Visa Center. Applicants should ensure that INS can complete
action on their cases before September 30, 1995, since on that
date registrations in the Fiscal Year 1995 DV-1 program
terminate.
9. WILL APPLICANTS WHO ARE NOT REGISTERED BE INFORMED?
No, applicants who are not registered will receive no response
to their registration request. Only those who are registered
will be informed. All notification letters are expected to be
sent within about three months of the end of the application
period. Anyone who does NOT receive a letter will know that
his/her application has not been registered.
10. HOW MANY APPLICANTS WILL BE REGISTERED?
A total of about 90,000 persons, both principal applicants and
their spouses and children, will be registered. Since it is
likely that some of the first 55,000 persons who are
registered will not pursue their cases to visa issuance, this
larger figure should ensure use of all DV-1 numbers, but it
also risks some registrants' being left out. All applicants
who are registered will be informed promptly of their place on
the list. Each month visas will be issued, according to
registration lottery rank order, to those applicants who are
ready for visa issuance during that month. Once all of the
fiscal year 1995 visas have been issued, the program for the
year will end. Registered applicants who wish to receive
visas must be prepared to ACT PROMPTLY on their cases.
11. IS THERE A MINIMUM AGE FOR APPLICANTS FOR REGISTRATION UNDER
THE DV-1 PROGRAM?
There is NO minimum age for submission of an application for
registration, but the requirement of a high school education
or work experience for each principal applicant at the time of
visa issuance will effectively disqualify most persons who are
under age 18.
12. WILL THERE BE ANY SPECIAL FEE FOR REGISTRATION IN THE DV-1
CATEGORY?
There is NO FEE FOR SUBMITTING A REQUEST FOR REGISTRATION, and
NO FEE should be included with the letter sent to the post
office box indicated above. Furthermore, there is no fee for
applicants who come to be registered through the lottery.
13. ARE DV-1 APPLICANTS SPECIALLY ENTITLED TO APPLY FOR A WAIVER OF
ANY OF THE GROUNDS OF VISA INELIGIBILITY?
No. Applicants are subject to all grounds of ineligibility
specified in the Immigration and Nationality Act and there is
no special provision for the waiver of any grounds of visa
ineligibility other than those provided for in the Act.
14. MAY APPLICANTS WHO ARE ALREADY REGISTERED FOR AN IMMIGRANT VISA
IN ANOTHER CATEGORY APPLY IN THIS REGISTRATION FOR THE DV-1
CATEGORY?
Yes, such persons may seek DV-1 status through this
registration as well.
15. HOW LONG DO APPLICANTS WHO ARE REGISTERED ON THE BASIS OF THIS
APPLICATION PERIOD REMAIN ENTITLED TO APPLY FOR VISAS IN THE DV-1
CATEGORY?
Under the law, persons registered following this DV-1
application period are entitled to apply for visa issuance
ONLY DURING FISCAL YEAR 1995, i.e., from October 1994 through
September 1995. There is no carry-over of benefit into
another year for persons who are registered but who do not
obtain visas during FY-1995.
THERE IS ABSOLUTELY NO ADVANTAGE TO MAILING EARLY, OR MAILING
FROM ANY PARTICULAR LOCALE. EVERY APPLICATION RECEIVED DURING
THE MAIL-IN PERIOD WILL HAVE AN EQUAL CHANCE OF BEING SELECTED
AT RANDOM WITHIN ITS REGION. HOWEVER MORE THAN ONE
APPLICATION PER PERSON WILL DISQUALIFY THE PERSON FROM
REGISTRATION. ALSO, FAILURE TO INCLUDE THE APPLICANT'S NATIVE
COUNTRY AND FULL NAME AND ADDRESS ON THE ENVELOPE WILL
DISQUALIFY THE APPLICATION.
Countries of the world divided into the six regions defined in
section 203(c)(1)(F) of the Immigration and Nationality Act of 1990
(1) Africa
Algeria
Angola
Benin
Botswana
Burkina
Burundi
Cameroon
Cape Verde
Central African Republic
Chad
Comoros
Congo
Cote d'Ivoire (Ivory Coast)
Djibouti
Egypt
Equatorial Guinea
Eritrea
Ethiopia
Gabon
Gambia, The
Ghana
Guinea
Guinea-Bissau
Kenya
Lesotho
Liberia
Libya
Madagascar
Malawi
Mali
Mauritania
Mauritius
Morocco
Mozambique
Namibia
Niger
Nigeria
Rwanda
Sao Tome and Principe
Senegal
Seychelles
Sierra Leone
Somalia
South Africa
Sudan
Swaziland
Tanzania
Togo
Tunisia
Uganda
Zaire
Zambia
Zimbabwe
(2) Asia
Afghanistan
Bahrain
Bangladesh
Bhutan
Brunei
Burma
Cambodia
China-mainland
China-Taiwan (a "state" within the meaning
of the Act)
Hong Kong (a "state" within the meaning of
the Act)
India
Indonesia
Iran
Iraq
Israel
Japan
Jordan
Korea, North
Korea, South
Kuwait
Laos
Lebanon
Malaysia
Maldives
Mongolia
Nepal
Oman
Pakistan
Philippines
Qatar
Saudi Arabia
Singapore
Sri Lanka
Syria
Thailand
United Arab Emirates
Vietnam
Yemen
(3) Europe
Albania
Andorra
Armenia
Austria
Azerbaijan
Belarus
Belgium
Bosnia and Herzegovina
Bulgaria
Croatia
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Georgia
Germany
Greece
Hungary
Iceland
Ireland
Italy
Kazakhstan
Kyrgyzstan
Latvia
Liechtenstein
Lithuania
Luxembourg
Macedonia, The Former Yugoslav Republic of
Malta
Moldova
Monaco
Montenegro (a "state" for purposes of the
Act; Serbia and Montenegro have
proclaimed the formation of a
joint independent state, but
this entity has not been
formally recognized as a state
by the United States.)
Netherlands
Northern Ireland (a "state" within the
meaning of the Act)
Norway
Poland
Portugal
Romania
Russia
San Marino
Serbia (a "state" for purposes of the Act;
Serbia and Montenegro have
proclaimed the formation of a joint
independent state, but this entity
has not been formally recognized as
a state by the United States.)
Slovakia
Slovenia
Spain
Sweden
Switzerland
Tajikistan
Turkmenistan
Turkey
Ukraine
United Kingdom
Uzbekistan
Vatican City (an independent city under the
jurisdiction of the Holy See)
(4) North America
Bahamas, The
Canada
United States
(5) Oceania
Australia
Fiji
Kiribati
Marshall Islands
Micronesia, Federated States of
Nauru
New Zealand
Palau
Papua New Guinea
Solomon Islands
Tonga
Tuvalu
Vanuatu
Western Samoa
(6) South America, Mexico, Central America, and
the Caribbean
Antigua and Barbuda
Argentina
Barbados
Belize
Bolivia
Brazil
Chile
Colombia
Costa Rica
Cuba
Dominica
Dominican Republic
Ecuador
El Salvador
Grenada
Guatemala
Guyana
Haiti
Honduras
Jamaica
Mexico
Nicaragua
Panama
Paraguay
Peru
St. Kitts and Nevis
St. Lucia
St. Vincent and the Grenadines
Suriname
Trinidad and Tobago
Uruguay
Venezuela
As indicated above, the regulations pertaining to this Notice
are being published in this issue of the Federal Register, and
contain detailed information regarding the DV-1 program.
______________________ __________________
DATED Mary A. Ryan
Assistant Secretary for
Consular Affairs
DV-1 Public Notice
Drafted: Cleared:
CA/VO/F/P:JWCarter CA/VO/F/:GCLannon
3/21/94 CA/VO/L:CDScully
Ext. 31175 CA/VO/P:AMarwitz
WWVOFPL 8416 CA/VO/F/I:SStapleton
wordperfect 5.1 DIVNOT.w51 CA/VO/F/P:DSkocz
CA/P:RWilliams
L/CA:CBrown
CA/VO:MHancock
CA/VO:DDillard
CA:DHobbs
______________________ ________________________
DATED David L. Hobbs
Acting Assistant Secretary
for Consular Affairs
------------------------------------------------------
US Citizenship
--------------
Q: What is the time-frame to get U.S. citizenship if the spouse is
an U.S. citizen?
A: [from Ashish Nedungadi, ashish@eng.umd.edu]
The spouse of a US citizen gets a CONDITIONAL green card "immediately"
after marriage. After 2 years, the conditionality of this green card
is removed(after successfully proving to INS that the marriage is
legitimate). The spouse is eliglible for his/her citizenship after
3 years of receiving the CONDITIONAL green card.
In a nutshell,
3 years after obtaining one's green card(including the CONDITIONAL one)
úÿ
(continued next message)
-------------------------------------------------------------------------------
Area # 2120 news.answers 05-30-94 10:14 Message # 13270
From : mahesh@evb.com
To : ALL
Subj : FAQ : alt.visa.us GC and
ÿ@SUBJECT:FAQ : alt.visa.us GC and Citzenship questions and answers (p
úÿ(Continued from last message)
If you want to get more technical ["technical" may not be
the right word :-)]
[from Rajiv S. Khanna, rskhanna@access.digex.net]
(a) Any person whose spouse is a citizen of the United States may by
naturalized upon compliance with all the requirement of this title
except the provisions of paragraph (1) of section 316(a) if such
person immediately preceding the date of filing his application for
naturalization has resided continuously, after being lawfully admitted
for permanent residence, within the United States for at least three
years, and during the three years immediately preceding the date of
filing his application has been living in marital union with the
citizen spouse, who has been a United States citizen during all of
such period, and has been physically present in the United States
for periods totaling at least half of that time and has resided
within the State or the district of the Service in the United States
in which the applicant filed his application for at least three months.
Q: Who can apply for U.S. citizenship?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
Persons who are 18 years of age or older, who are lawfully
admitted permanent resident aliens and who meet certain
requirements (see question 3) may apply for citizenship.
Aliens who have served in the armed forces of the U.S. are
eligible for citizenship under special provisions.
Q: When can I apply for U.S. citizenship?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
Five years from the date of entry as a lawful permanent resident.
If married to and living with citizen spouse in marital union for
atleast 3 years before filing the application, the residence period
is shortened to 3 years. You can file the application one month
before the residence requirement is met. Also, you have to be a
resident for 3 months in the state or INS district where you
are filing the application.
Q: What are the requirements for U.S. Citizenship?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
There are four main requirements that must be met by every applicant.
(a) Basic literacy in the English language.
(b) Knowledge of U.S. history.
(c) Five years of residency in the U.S.
(d) Good moral character.
Q: Under what conditions can I be denied U.S. citizenship?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
(a) If you advocate or if you are a member of any organization
that is opposed to organized government (i.e., if you preach
and practice anarchy).
(b) Membership in communist organizations.
(c) If you advocate the overthrow of the U.S. Government by force,
sabotage, violence or terrorism.
(d) If you publish any material advocating the methods of item (c).
(e) Exemption from services in the armed forces of the U.S.
(unless the alien status does not permit the individual to
serve on the armed forces or if the alien had served in the
armed forces of his/her own country).
(f) Desertion from military forces and draft evasion results in
permanent ineligibility for citizenship.
Q: Can citizenship once granted be revoked?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
You bet.
Q: Under what conditions can my citizenship be revoked?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
If your behavior is not well disposed to the good order and happiness
of the U.S. or if you concealed your wartime activities when applying
for visas to enter the U.S. after World War II. Also, for example you do
one of the following:
(a) Refusal to testify before a congressional committee regarding
alleged subversive activities within 10 years after becoming a
U.S. citizen.
(b) Establish permanent foreign residence within 5 years after becoming
a U.S. citizen
(c) Membership in an outlawed organization within 5 years after becoming
a citizen.
Denaturalization proceedings may be instituted against you for (a)-(c).
REFERENCES:
[1] Nancy-Jo Merritt, "Understanding Immigration Law," Makai Publishing group,
Scottsdale, Arizona, 1993.
+Q. Where can I get some information on dual citizenship?
A: [From Rich Wales, richw@mks.com]
* Using FTP
Connect to mks-gate.mks.com
get the file /usr/richw/dualcit
* Using E-Mail
Send a message to richw@mks.com with the subject "send dualcit".
The body of the message can be blank, but you must type the subject
line as indicated.
--
B.G. Mahesh | Email: mahesh@evb.com
Software Engineer | mahesh@sett.com
EVB Software Engineering, Inc. | FAQ maintainer of alt.visa.us
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