What Is A Green Card And How Do I Get One?

What Is A Green Card And How Do I Get One?
by: Jody Ehrhardt

Green card is the term used to describe a document that gives a person born in another country the right to live and work in the United States. A green card is usually issued to those people who are permanent resident aliens and who wish to eventually become a United States citizen. Once a person has held a green card for almost five years with no legal problems, they are eligible to apply for citizenship or naturalization.

There are two main ways to be deemed eligible for a green card. The first way is through your employment in the United States. In this case, the employer of the foreign individual must agree to sponsor that individual. Once sponsored the individual may make application for a green card. This application is usually a much faster process for those individuals with more education or specialized job skills. Those individuals that have common job skills or less education may have to wait for a longer period of time before their application is reviewed and accepted.

The second way that an individual may become eligible for a green card is through their immediate family. In this case, if a foreign individual has a family member such as a child, parent or sibling that is an American citizen, then they may apply for a green card. If a parent of a foreign minor child is an American citizen then that child is automatically and immediately eligible for a visa.

Another way that a foreign person can qualify for a green card is through marriage to an American citizen, however, the American citizen must reside in the United States. Once the person has obtained their green card they can apply for permanent residency but the laws controlling this process are very stiff. In this case, the married parties must prove that their relationship is legitimate.

In addition to the above options for obtaining a green card, there are special circumstances that allow certain individuals who do not meet the above criteria to obtain a green card in a timely manner. These special circumstances include the following:

Asylum. This special circumstance applies to any foreign individual who is in the United States and fears returning to their country of origin. This fear can be brought about by any persecution that is based on a person's race, political views or religion.

Labor. Individuals that posses a special skill that is desperately needed in the United States can obtain a green card in exchange for their willingness to perform the job and skill set at a specific job in a specific region assigned to them.

National Interest Wavier. If an individual possesses the professional skills to be of service to the national interest of America then that person can be granted a green card without employer sponsorship.

Researchers. For academic researchers who are internationally recognized for their achievements, there are special circumstances that allow that individual to receive a green card in exchange for sharing their information and knowledge.

Specialized Skills. Individuals that possess specialized skills and that are experts at the top pf their field may apply for and be granted a green card. These individuals are usually exempt from the labor certification process.

Although special circumstances do exist, the normal application process for and the granting of a green card usually take many months and is a very complicated and exhaustive system. If you are contemplating applying for a green card, it is advisable to speak with an attorney before hand.

About The Author

Jody Ehrhardt writes for Lawyer Vista, a website where you can find a lawyer in your city or state, including New Mexico Immigration Lawyer New Mexico immigration lawyers and Kansas Immigration Lawyer Kansas immigration lawyers

Read More

Why Was My Travel Visa Denied?

Why Was My Travel Visa Denied?
by: Maury D. Beaulier

Why was my Travel Visa denied and what can I do now?

Hearing a consular officer say, “Your application for a temporary travel visa is denied. You are not qualified under Section 214(b) of the Immigration and Nationality Act,” can cause great disappointment and sometimes embarrassment. Here is what a 214(b) visa refusal means and what applicants and friends can do to prepare for a visa reapplication.

What is Section 214(b)?

Section 214(b) is part of the Immigration and Nationality Act (“INA”). It states:

Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status . .

To qualify for a visitor or student visa, an applicant must meet the requirements of sections 101(a)(15)(B) or (F) of the INA respectively. Failure to do so will result in a refusal of a visa under INA 214(b). The most frequent basis for such a refusal concerns the requirement that the prospective visitor or student possess a residence abroad he/she has no intention of abandoning. Applicants prove the existence of such residence by demonstrating that they have ties abroad that would compel them to leave the United States at the end of the temporary stay. The law places this burden of proof on the applicant.

Consular officers must decide in a very short time if someone is qualified to receive a temporary visa. Most cases are decided after a brief interview and review of whatever evidence of ties an applicant presents.

What constitutes strong ties?

Strong ties differ from country to country, city to city, individual to individual. Some examples of ties can be a job, a house, a family, a bank account. “Ties” are the various aspects of your life that bind you to your country of residence, your possessions, employment, social and family relationships.

Consular officers are aware of this diversity. During the visa interview they look at each application individually and consider professional, social, cultural and other factors. In cases of younger applicants who may not have had an opportunity to form many ties, consular officers may look at the applicants specific intentions, family situations, and long-range plans and prospects within his or her country of residence. Each case is examined individually and is supposed to be accorded every consideration under the law.

Is a denial under Section 214(B) permanent?

No. The consular officer will reconsider a case, if an applicant can show further convincing evidence of ties outside the United States. However, due to a person’s particular situation, some applicants will not qualify for a nonimmigrant visa, regardless of how many times they reapply, until their personal, professional and financial circumstances change considerably.

Invitation Letter

A letter of invitation or support from a United States citizen may help. However, this does not guarantee visa issuance. Visa applicants must qualify for the visa according to their own circumstances, not on the basis of an American sponsor’s assurance.

Practical Tips

Review your situation and evaluate your ties. Make a note to yourself about what qualifying ties you think you have which may not have been evaluated at the time of the interview with the consular officer. You should review the documents that were submitted for the consul to consider. Although applicants may reapply for a visa, they will have to show further evidence of their ties or how their circumstances have changed since the time of the original application. It may help to answer the following questions before reapplying: 1) Did I explain my situation accurately; 2) Did the consular officer overlook something; and 3) Is there any additional information I can present to establish my residence and strong ties abroad?

Keep in mind that you will be charged a nonrefundable application fee each time you apply for a visa, regardless of whether a visa is issued.

Can anybody influence the Consular Officer to reverse a decision?

Immigration law delegates the responsibility for issuance or refusal of visas to consular officers overseas. They have the final say on all visa cases. By regulation, the United States Department of State has authority to review consular decisions, but this authority is limited to the interpretation of law as contrasted to determinations of facts. The question at issue in such denials, whether an applicant possesses the required residence abroad, is a factual one. Therefore, it falls exclusively within the authority of consular officers at the Foreign Service posts to resolve. An applicant can influence the post to change a prior visa denial only through the presentation of new, convincing evidence of strong ties. Nevertheless, an Immigration Lawyer may be able to help you present your case in the best possible light.

About The Author

Maury D. Beaulier is part of a 29 attorney immigration law firm handling cases for clients across the United States and abroad. The firm and its members are recognized leaders in the U.S. Immigration and Naturalization process including asylum cases, work visas, investor visas and family based immigration. You may reach Mr. Beaulier at (952) 746-2153 or through his immigration website located at Work Visa Lawyers.

Read More

Fiance Visas - U.S. Immigration

Fiance Visas - U.S. Immigration
by: Maury D. Beaulier

Overview

We have successfully obtained thousands of fiancee and marriage visas. These include visas for wives and husbands in all countries including Latin America (Mexico, Honduras, Costa Rica, Panama), asian countries (China, Viet Nam, Thailand, Korea, Taiwan, Japan, China), the former USSR (Russia, the Ukraine, Czechoslovakia), the Phillipeans, Europe Canada and more.

The length of time it takes us to obtain a fiancee visa depends on the state in which you reside, the country in which your fiancee lives and the immigration processing center where the application is processed. We will do all of the work and provide you with a realistic time estimate based upon your situation. We obtain fiancee visas for clients from every state in the U.S. Call us at (952) 746-2153.

Whether you met that special someone on a trip overseas or while she/he was visiting the United States or even in an online chat-room, if you’re ready to join as husband and wife, or at least fiances, you may be eligible to bring your fiancé(e) to the U.S. to finalize your union in marriage.

If you are a U.S. citizen and your fiancé(e) lives abroad, the Fiancé Visa may be just what you’ve been looking for. The Fiancé Visa is a relatively fast process that allows your fiancé to enter the U.S. to marry you and then adjust his/her status to lawful permanent resident based on the marriage (without having to leave the U.S.). Compared to other types of permanent status visas like the Family Based Petition, Employment Based Petition, or the Diversity Lottery program, the Fiancé Visa has a relatively fast processing time and when done properly, can reunite you and your fiancé(e) in the United States.

Procedure

The first step is to file the Fiancé Visa Petition with the U.S. Immigration and Naturalization Service (INS), with supporting documents. It is very important to submit the necessary supporting documents; failure to do so can result in long delays or even denial of the petition.

Once the petition is approved, the INS will forward the petition to the U.S. Embassy or consulate where your fiancé(e) resides. Your fiancé(e) would then be contacted by the embassy or consulate for an interview. Some of the documents that your fiancé(e) may need to present at the interview include: a valid passport, evidence of support, birth certificate, medical examination report, divorce decree or death certificate of any previous spouse, police certificates from all places lived since age sixteen (16), evidence of the validity of your relationship; and passports and medical examinations for any accompanying children.

Upon issuance of the visa, your fiancé(e) would be allowed into the U.S. to marry you; however, the marriage must take place within 90 days of your fiancé(e) entering the United States. If you do not marry your fiancé(e) within 90 days or your fiancé(e) marries someone other than you (the U.S. citizen filing the Petition for Alien Fiancé), your fiancé(e) will be required to leave the United States. In addition, your fiancé(e) may not obtain an extension of the 90-day original admission. Therefore, it is very important to marry during the 90 admission period. If your fiancé(e) does not marry you and stays beyond the 90 days, he/she will be subject to deportation as well as possible bars from returning to the United States for specified periods of time.

Permanent Residence (Green Card)

After you marry, your fiancé(e) may apply to become a permanent resident (Green Card). Your fiancé(e), now spouse, will receive conditional permanent residence status because the status is based on a marriage that was less than two years old on the day he/she was given permanent residence. The status is conditional because you and your new spouse must prove that you did not get married to evade the immigration laws of the United States. The conditional status will last for two years, at which point you must apply for removal of the conditions on the status.

Employment Authorization

Although it may take months or longer for approval of the green card, your new spouse may apply for employment authorization while the green card application is pending. Employment authorization would allow your new spouse to work legally while waiting for permanent residence.

Reminder

An important reminder is that only U.S. citizens may take advantage of the Fiancé Petition. Presently, there is no provision that allows lawful permanent residents to use the Fiancé Petition.

If there is someone special in your life whom you are considering to be your husband or wife, we have been very successful in assisting our clients with Fiancé(e) Visas and would gladly assist you with yours. Call (952) 746-2153 or visit www.workvisalawyers.com.

About The Author

Maury D. Beaulier is part of a 29 attorney immigration law firm handling cases for clients across the United States and abroad. The firm and its members are recognized leaders in the U.S. Immigration and Naturalization process including asylum cases, work visas, investor visas and family based immigration. You may reach Mr. Beaulier at (952) 746-2153 or through his immigration website located at Work Visa Lawyers.

Read More

Working in America. The H1B Visa

Working in America. The H1B Visa
by: Maury D. Beaulier

What is a Visa?

A "Visa" is simply a stamp in a passport that gives the passport holder authorization to enter the United States. The INS (Immigration and Naturalization Service) handles most matters involving visas. You may find an immigration lawyer to help you with your H1 visa or any other visa on this site.

What is the H1-B Visa?

The H1-B visa is also commonly called a "work visa" or "work permit." This is the most common form of temporary work visa. It enables the foreign worker to enter the United States to work temporarily in a professional capacity. H1B Employment opportunities in the state of Minnesota, which reflect the national trend, are abundant, so abundant that employers are seeking out the assistance of foreign workers to fill the gaps in the workplace. To locate an H1B job in the U.S. use the links at the right to draft and post your resume.

The government requires at least five agencies to certify a foreign employee for H1B work in the United States, often a long process in itself. But the government recently made this process even more arduous by reducing its funding to one key player in the certification process, the State Economic Security Department. This cut in funding has had a grave impact on this state’s, as well as this country’s, ability to recruit and retain foreign professionals for employment, especially those H1B professionals with technical experience and in the field of health care.

How Do I Qualify?

To qualify for an H1-B foreign workers must fit into a category of "priority workers" which include:

H1B workers with advanced degrees or exceptional ability;

H1B professionals (Bachelor's Degree or the equivalent);

H1B skilled workers and others.

Generally, foreign workers must also demonstrate that the occupation sought is of a special nature that cannot be easily filled with the workforce available in the United States. Oftentimes demonstrating the special nature of a position requires a statement by the sponsoring employer. The applicant should also be able to demonstrate advanced education skills either through a degree from a foreign university or equivalent employment history. Within each of these three main categories, there are H1B sub-groups, all with their own requirements. It should be noted that there is typically a backlog for H1B workers from China and India in the second and third H1B preference category. To qualify as a H1B "professional" under U.S. immigration laws, you must have at least a bachelor's degree or its equivalent. Work experience may satisfy this prerequisite if the work was in a field that generally requires a bachelor's degree. Additionally, the foreign worker must be employed in a "professional capacity." This means that the employment must be a legitimate professional job requiring a professional education and paying a commensurate salary. The foreign worker cannot simply be engaged in the employment as a hobby or for religious purposes.

Click Here To View an Employer/Employee Checklist for the H1-B.

The H1-B visa is not only for those attempting to gain entry into the United States, but also for those already in this country, for example, an individual in the United States on a student visa may seek an H1-B visa to remain in this country after their student visa expires. Requirements for foreign nationals already in the U.S. is similar to the requirements for non-resident aliens. They must also demonstrate their specialty and credentials just as if applying from abroad.

The H1-B visa is also linked to the particular employer sponsoring the foreign worker. Not only must you have a sponsoring employer to apply, but the H1-B cannot be transferred for employment with any other employer. In other words, if you seek to change jobs, you must re-qualify and reapply with the new employer.

In today's employment market, professionals in the areas of software development, informational systems, nurses and other health care professionals are in short supply and high demand. As a result, numerous H1-B visas are issued in these fields each year. However, the number of H1-B visas issues each year is strictly limited and is reached earlier and earlier each year. The application process for H1-B visas begins in October. In 2000, the H1-B quota was reached by mid-March.

Even after the limit of H1-B visas is reached each year, demand for professional workers remains high. It is for that reason that the U.S. legislature has debated increasing the number of H1-B visas for these particular professions. Despite these efforts, to date, no additional visa categories have been authorized.

REQUIREMENTS:

U.S. Bachelors Degree or foreign equivalent (if degree is foreign) analysis by independent credentials evaluations service attesting that foreign degree is equivalent to U.S. Bachelors Degree; or

Professional job offer which closely parallels the training and background of the particular employee; and

Filing of a Labor Condition Attestation with the U.S. Department of Labor;

Prevailing wage survey conducting by the local state employment agency to protect the employer

I-129H petition approved by INS.

Must I Leave my Family?

No.

A professional worker's spouse and any unmarried children under the age of twenty-one (21) are also allowed to reside in the United States for the same period of time as the H1-B remains in effect. The spouse and minor children must complete a H4 visa application before residency is allowed.

How Long May I Remain in The United States on the H1-B Visa?

Generally, the H1-B visa is valid for three years. However, it may also be extended for an additional three years resulting in a six-year maximum. If you seek a second H1-B because you changed employers, this will not extend your stay under the H1-B for another six years. The absolute maximum duration for a visa under the "H" category is six years.

What Happens when my H1-B expires?

After your H1-B visa expires, you must leave the country for no less than one year. After the one year period has elapsed, you may once again reapply for the H1-B. However, one of the greatest advantages to the H1-B visa is that it allows the professional worker to seek permanent residency, or a "Green Card" for the worker and his/her entire nuclear family while working in the United States.

Given the complexities of the system, professional representation for those seeking employment in the United States is well advised. Often, mitigating circumstances may be overlooked by those unfamiliar with the system. Language barriers often lead to even more difficulties and frustration.

FOR A CONSULTATION, CONTACT US AT 952.746.2153 or visit Work Visa Lawyers.

About The Author

Maury D. Beaulier is part of a 29 attorney immigration law firm handling cases for clients across the United States and abroad. The firm and its members are recognized leaders in the U.S. Immigration and Naturalization process including asylum cases, work visas, investor visas and family based immigration. You may reach Mr. Beaulier at (952) 746-2153 or thorugh his immigration website located at Work Visa Lawyers.

Read More

Marriage to a Foreigner Made Possible with a K1 Fiancee Visa

Marriage to a Foreigner Made Possible with a K1 Fiancee Visa
by: Abe Rothstein

Saying "I do" to your foreign bride is a dream that can be made a reality. While the process of bringing your fiancée to your home country can be complicated and lengthy, it is not an impossible task. There are several stages in the application process and each step must be handled with an uncompromised degree of detail and thoroughness. Failing to complete all forms or providing inaccurate information will delay the process and cause you unnecessary stress. Before you forge ahead with your goal of bringing your dream fiancée home, take the time to inform yourself on which visa you need, whether or not your cause qualifies, and what the application process entails.

Before you can have your fiancée enter the United States and officially marry her, she must have the k1 fiancee visa. Although there are other types of visas, the k1 visa is the only accepted form of documentation that will allow you to legally marry your partner in the US. If, for example, you decide to marry your fiancée while she only has a tourist, student or business visa, her legal status will become questionable and potentially serious problems can result. To ensure that your fiancée is not refused permanent resident status, or that she is not deported back to her home country, you must obtain a k1 fiancee visa.

Before you can obtain a k1 visa, there are several eligibility conditions that must be met. First, you and your fiancée must be free to marry each other. This means that both partners must be unmarried, or that any ended marriages have been finalized with divorce, annulment or death. Secondly, you must have met with your fiancée in person within the last two years before filing for the visa. There are some exceptions to this rule including the clause that traveling to her home country would violate long-established and legitimate customs, or that it would be impossible for you to physically make the trip. Lastly, you and your fiancée must marry within 90 days of her entrance to the United States. Note that you can also apply to bring your fiancée’s children to the country if they are less than 21 years of age and unmarried.

The first stage in the application process begins when you receive your complete application package. It will provide an interview date for the applicant and details of the visa. It will instruct you that several documents are required including a valid passport, birth certificate, divorce or death certificate if needed, marriage certificate, police certificate from all places of residence since age 16, proof of medical examination, evidence of financial support (form I-864), affidavit of support from petitioner or sponsor, application for immigrant visa and alien registration (form DS-230 part I & II completed), and two immigrant visa photos. Failure to produce any of these required documents will render your application status incomplete and will slow down the process and potentially jeopardize your chances of obtaining the visa.

Marriage to a foreigner is made possible by obtaining a K1 fiancee visa. Not only will it legally bring your fiancée into the United States, but it will also be necessary if she hopes to find legal work in the future. The whole process may seem complicated, but taking the time to inform yourself and understand the various required stages will better your chances of success.

About The Author
Abe Rothstein is the content manager for Abe's INS Fiancée Visa Help Site at (www.ins-fiance-visa.com). He offers immigration solutions to help you get into the country legally. Visit his site for a full detailed walkthough of the fiancée visa process.

Read More

United States Visa Information

United States Visa Information
by: Manu Goel

The United States provides different types of visas to foreigners those who want to live permanently in the country and those who intend to visit temporarily for some purpose. For temporary visitors or non-immigrants, there is student visa, business visa, tourist visa, special visa for dignitaries and journalists, etc. People who want to live permanently in the country can avail immigrant visa or green card.

Foreigners who wish to work in the US on a temporary basis can also apply for H-1B visa. To be eligible for H-1B visa, a job offer from a US employer is essential. Unlike a student, tourist visa, the foreigners cannot directly apply for this visa. The prospective employer has to file a petition with the United States Citizenship and Immigration Services (USCIS). If the USCIS approves the petition then the foreign worker can be hired on H-1B visa.

Otherwise, foreigners can apply for other visas at the US embassy and consulate in their native country. It is very easy to get a tourist or business visa and it is issued in a few weeks. But there is no certainty that you will be provided the non-immigrant visa. Due to security reasons, your applications can be cancelled or process of issuing visa can be deferred. Hence, you may be called for another round of interview or provide additional information

For immigrants, the US State Department conducts a lottery in which it randomly selects 50,000 applicants from across the world to provide permanent residency visas or green cards. The administration will hold such lottery in 2007, for which it has short listed 82,000 people out of more than 5.5 million applicants. US government website www.UnitedStatesVisas.gov provides information on visa policies and procedure.

It is also important that you need to fill in your application form properly as many visa seekers get rejected due to improper filling up application forms.

About The Author
Manu Goel site My US Greencard, The website helps in filling-out the application forms for US green cards and helps in ensuring that the forms are complete in all respects.

Read More

U.S. Immigration THrough Investment

U.S. Immigration THrough Investment
by: Maury D. Beaulier

Approximately 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise. Statistics on the EB-5 program show, however, that actual usage of this preference category has never come near the annual allotment of 10,000 visas for the program.

Eligibility Requirements

Foreign investors seeking permanent residence in the United States fall under the EB-5 immigrant visa category. Generally, investors must demonstrate that a "qualified investment" is being made in a new commercial enterprise. They must also show that 10 or more jobs are actually created either directly or indirectly by the new commercial enterprise.

In general, eligible individuals include those:

Who establish a new commercial enterprise by:

· creating an original business;

· purchasing an existing business and simultaneously or subsequently restructuring or reorganizing the business such that a new commercial enterprise results; or

· expanding an existing business by 140 percent of the pre-investment number of jobs or net worth, or retaining all existing jobs in a troubled business that has lost 20 percent of its net worth over the past 12 to 24 months; and

Who have invested -- or who are actively in the process of investing -- in a new commercial enterprise:

· at least $1,000,000 (or more in high employment areas), or

· at least $500,000 where the investment is being made in a "targeted employment area," which is an area that has experienced unemployment of at least 150 per cent of the national average rate or a rural area as designated by OMB; and

Whose engagement in a new commercial enterprise will benefit theUnited States economy and:

· create full-time employment for not fewer than 10qualified individuals; or

· maintain the number of existing employees at no less than the pre-investment level for a period of at least two years, where the capital investment is being made in a "troubled business," which is a business that has been in existence for at least two years and that has lost 20 percent of its net worth over the past 12 to 24 months.

* Keep in mind that the investor must also establish that the required amount of capital has been placed at risk for the purpose of generating a return on that capital. A mere intent to invest, or prospective investment arrangements entailing no present commitment will not suffice to establish that the petitioner is actively in the process of investing.

Procedure

INS Form I-526, Immigrant Petition by Alien Entrepreneur, is the form used to apply for investment-based immigrant status. The Form I-526 must be filed with supporting documentation which clearly demonstrates that the individual’s investment meets all requirements, such as:

· establishing a new commercial enterprise,

· investing the requisite capital amount,

· proving the investment comes from a lawful source of funds,

· creating the requisite number of jobs,

· demonstrating that the investor is actively participating in the business; and, where applicable,

· creating employment within a targeted employment area.

*Labor Certification by the Department of Labor is not required.

You can find the Form I-526 on our web site at by clicking on the Immigration Forms link.

Conditional Permanent Residence

Once the Form I-526 is approved, immigrant investors may obtain status as a conditional resident by:

· Filing INS Form I-485, Application to Register Permanent Residence or Adjust Status, if residing within the United States; or,

· Applying for an immigrant visa at a U.S. Consulate abroad, if residing outside the United States.

Removing Conditions on Residence

90 days before the second anniversary of your admission to the United States as a conditional resident, you must file INS Form I-829,Petition by Entrepreneur to Remove Conditions.

Keep in mind that U.S. immigration laws are based on federal statutes; therefore, we can assist you with your immigration needs no matter where you are located.

Our lawyers have assisted many entrepreneurs in purchasing businesses and investing in U.S. Business operations to qualify for an EB visa.

FOR MORE INFORMATION ON U.S. IMMIGRATION OR ASSISTANCE WITH YOUR IMMIGRATION NEEDS, PLEASE CONTACT: 952.746.2153 or visit Work Visa Lawyers.

About The Author

Maury D. Beaulier is part of a 29 attorney immigration law firm handling cases for clients across the United States and abroad. The firm and its members are recognized leaders in the U.S. Immigration and Naturalization process including asylum cases, work visas, investor visas and family based immigration. You may reach Mr. Beaulier at (952) 746-2153 or thorugh his immigration website located at Work Visa Lawyers.

Read More