Why GreenCard Renewal is Important

Green Card enables a person to live and work in the US permanently. It also authorizes the person to file for US citizenship after being a green card holder for 5 years (3 years for conditional resident).Green Cards that are issued currently are valid only for 10 years after which the permanent resident has to go in for green card renewal. Regardless of the way a person obtains a Green Card, every permanent resident gets to live in the US for an unlimited time period and pursue any activity of their desire (provided, it is a legal one!).

Even though the permanent resident status holds good for the entire life term of that person, it is mandatory to go in for green card renewal. It is the utmost responsibility of a permanent resident to ensure that he/she has a green card that is up to date with all the latest security features. The Green Card is an official documentation of the permanent residency status and is synonymous to an identification card and

Importance of GreenCard Renewal

It is essential that Green Card holders who are over 18 yrs of age carry a valid Green Card with them at all times. Section 264 of the Immigration and Nationality Act stresses the importance of Green Card renewal. It states that, “Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him..” and “ ..Any alien who fails to comply with [these provisions] shall be guilty of a misdemeanor”.

In case a person is found to be with an outdated or expired green card, it will lead to them being convicted with 30 days in jail, a penalty of up to $100, or both of these. The US government has enforced strict adherence to the green card renewal process after the September 11 terrorist attacks.

Another reason which stresses the need of going in for Green Card renewal is the role which it plays during international travel of the Green Card holder. A person with a valid and updated Green Card will find no difficulty in re-entering the US after an international travel. A US passport is only secondary as the Green Card alone will suffice for re-entry.

Green Card Renewal Process

Form I-90 has to be filed for both Green Card renewal and replacement. It is essential that applications for Green Card renewal should be filed in 6 months prior to the date of expiry of the card. Failing to do so will lead to the application being rejected by the USCIS. However, Green Card renewal applications that are received after the expiration of the Green Card will not be subjected to any penalization.

There is no such thing as Green Card renewal for conditional residents. All they can do is file a different application to remove the conditions within the 90 days before the expiry of their conditional green card.

A person cannot lose the Permanent Resi­dency status easily without doing something intentionally to renounce it. Green Card renewal enables a Lawful Permanent Resident to maintain a current documentation of his/her valid residency status and a majority of them are quite happy with this. What they tend to overlook is the fact that they cannot exercise their votes and elect their representatives with the permanent resident status. After being a permanent resident for 5 years (3years for conditional residents) , they can think about the next step of becoming a US citizen.

H-2B Visa Application Process

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

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

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

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

What is a Student Visa?

The immigration law allows foreign nationals to study in the United States. Many foreign students dream to pursue their education in the United States. Most of the foreign students do not know how to proceed with the US immigration to process their application to pursue their studies. There are various steps involved in the application process for student visa.

To begin with, the school or institution that the foreign student wishes to attend must be a qualifying institution for higher education and it must be certified by the US Investigations and Customs Enforcement (ICE). One can find the list of qualifying schools in the ICE website. All these students must apply to any one of the educational institution or schools and gain admission. They also must be issued a form I 20 from SEVIS. SEVIS is a database which has all the information of foreign students which is maintained by the US government. A student must be registered in the SEVIS to obtain a student visa.

How to Apply for Student Visa?

The first step involved in the student visa process is that the foreign student must obtain a form from the educational institution or school . This form is necessary to show the embassy that they will be responsible for the individual at their institution. This form also must define the name of the course the student is going to pursue and the date and time of the study.

There are two types of visas issued to the foreign students. They are classified as Academic Course and Non – Academic or Vocational Course. Students for academic courses are issued F visa and must file form I 20 and non – academic students are issued M visa and must file a form called DS 2019. Generally the educational institution or the school in the United States will send the concerned form after confirming from the individual that he or she will attend the institution and verifying their financial details. The students must prove that they have financial support to complete their studies.

The process to apply for student visa works like this. The student must register in the SEVIS and pay the relevant registration fee. The registration can be done online. If students have sponsors then they must check with them before they register on SEVIS. The registration must be done with much attention because even a small mistake will lead to deportation or he or she may be even barred from entering United States. The second step is that the student must file Form DS 160 (Non – immigrant visa application). After submitting the form, the student must print out a copy for their records.

These students will then be required to attend an interview with the embassy at their home country. Students must ensure they do not miss the interview and they must submit the required documents. If the visa is granted they will be notified in writing. On entering the United States on a student visa, the students will be allowed to stay the duration required for the completion of the course opted.

Which Form to file for citizenship?

Applicants must meet certain eligibility requirements before applying for US citizenship. Being at least 18 years or older and a being a permanent resident (Green Card holder) now and during all of the past 5 years are few of the requirements. You should have resided in the United States for a continuous period before filing of the citizenship application. If you are not married to a U.S. citizen, you should have resided in the U.S. for a continuous period of five years after admission to the U.S. as a permanent resident. If you are married to a U.S. citizen, you should have resided in the U.S. for a continuous period of three years following your admission to the U.S. as a permanent resident.

A prolonged absence from the U.S. will break the continuity of your residence in the U.S. for naturalization purposes. Additionally, you should have met physical presence requirements too. It means that you have actually been in the United States. Prior to applying, you should have resided in your current state for at least 3 months.

If you are applying for US Citizenship, you should file Form N-400 , Application for Naturalization with the USCIS. Certain supporting documents should be send with your N-400 application. Documents that are in a foreign language should be accompanied by a full English language translation while submitting to the USCIS. In such cases, the translator should certify the translation as complete and accurate, and also by the translator's certification that he/she is competent to translate from the foreign language into English.

The filing fee for the citizenship application is $595.00. Additionally, a biometric fee of $85.00 is required when filing this Form N-400. You may submit one check or money order for $680 for both the application and biometric fees. If you are filing under the military provisions , you do not require a filing fee.

The processing time for the citizenship application and US Visas application can vary from five months to more than two years depending on where and when you choose to file your application. Then the swearing-in ceremony for receiving the certificate will take place from 1 to 180 days after the interview, although in a few USCIS district offices, it can take another one or two years. The length of time for the entire process depends on the number of Citizenship applications the USCIS offices receive in each state. Additionally, making a mistake on your application can cost you even more time. So always ensure that your application is complete and error- free.

Remove conditions on residence – Form I-751

If you received a Green Card through marriage and came to the United States on a K1 visas, you would have received a Conditional Permanent Resident card that is valid for two years. When this two-year conditional period ends, the permanent residence status will expire and you may be deported or removed. To avoid such things, 90 days or less before the conditional residence expires, you should file Form I-751, Petition to Remove the Conditions of Residence. On approval, the conditional status will be removed and you will receive your new Permanent Resident card that will be valid for the next ten years.

When to file Form I-751

You should file Form I-751 within 90 days before your conditional green card expires. And when you submit your petition to remove your conditional status, it is advisable to file it at the early end of the 90-day period. Also note not to file Form I-751 before the 90-day period because if you file too early, the USCIS will return your I-751 application.

Who May File Form I-751

If you are still married, file Form I-751 jointly with your U.S. citizen or permanent resident spouse through whom you got the conditional permanent status. If you have dependent children (on a K-2 visa) who got their conditional permanent status when you got and they entered the U.S. within 90-days of your arrival, you can include their names in your petition form. If your children got their conditional status 90 days after you obtained or adjusted your status OR if the conditional permanent parent dies, they have to file Form I-751 separately to remove their conditional status.

In case you do not file jointly, you may apply for a waiver if you can prove that you entered the marriage with honesty and good intentions, but your spouse subsequently died and you can show that you entered the marriage in good faith, but the marriage ended because of divorce or annulment. You can also get a waiver if you can show that you entered the marriage in good faith and have remained married, but have been battered or subjected to extreme cruelty by your U.S. citizen or permanent resident spouse or the termination of your status would result in extreme hardship.

In cases when you are asking for a waiver you should submit adequate proof to support your request.. For example, copy of you divorce decree or police, court or medical proof that you were abused or a death certificate showing that you spouse died.

Your package should include a completed and signed Form I-751 and a copy of your Conditional Green Card. And also two passport-style photographs for you and children applying with you. Additionally two completed fingerprint cards (Form FD-258) for you and any children applying with you and evidence showing that the marriage is a bonafide one and that it was entered in honesty and in good faith. Do not forget to send the filing fee.

If you are a conditional permanent resident and your card is lost, stolen or mutilated, you can get it replaced by filing Form I-90.

You should file Form I-751 within 90 days before your conditional green card expires. If you are a conditional permanent resident and your card is lost, stolen or mutilated, you can get it replaced by filing Form I-90

Getting an Extension US Tourist Visas – Eligibility & Procedure

Getting an Extension US Tourist Visas – Eligibility & Procedure

People enter United States with B1/B2 Visa for business purposes or for pleasure. The B1 Visa (Business Visa) is issued along with the B2 Visa (Tourist Visa). Most people who visit United States with a Tourist Visa may file an Extension Tourist Visa application with the U.S. Citizenship and Immigration Services (USCIS).

The Extension Tourist Visa may or may not be granted. The decision of the petition depends on the USCIS. Granting the extension depends on the reason for the stay and whether the applicant will return to his or her home country at the end of the extended period of stay.

Extension Tourist Visa application must be filed between 4 to 6 weeks prior to the expiration of the I-94 card. The I-94 card is issued at the point of entry from a Customs and Border Protection officer that indicates the date of arrival and also the date the applicant must leave United States. Applicants must not consider the date on the Visa Stamp as the date is irrelevant. The date on the I-94 card will only be considered. As long as a person applies for the extension of stay before the expiration date on the I-94 card, the person will be in legal status.

Extending Nonimmigrant Status Using Form I-539

The Extension Tourist Visa application must be filed with the USCIS using Form I 539, Application to Extend / Change Nonimmigrant Status by the person who has entered United States with a non immigrant visa. The applicant with a Tourist Visa, who wishes to extend the stay, must provide the reason for the extension and must also include the list of places he or she will be visiting.

Form I 539 must be filed before the expiration of the authorized stay in the United States. The immigration law instructs the applicant to file the form at least 45 days before the stay expires. If that is not done, the applicant must prove that:

• The delay in filing the petition is reasonable
• The delay was due to unavoidable circumstances
• They have not violated their status in any manner
• They are still a bona-fide non-immigrant
• They are not in removal proceedings

A person may file Form I 539 to extend his or her stay only when he or she has entered United States lawfully with a non-immigrant visa which is still valid, who does not have any criminal background and has not committed any other crime to violate the non-immigrant status. Immediate relatives of the applicant (Spouse and children under 21 years of age) may also be included in the application only if they are in the same status as that of the principal applicant.

Once the applicant submits the form to USCIS, it will be checked for completeness, inclusive of the supporting evidence. If USCIS finds the applicant eligible for extension, he or she will be granted an extension of stay in the United States. The period of extension will be determined by the USCIS based on the reason for the stay. Whatever the decision maybe, the applicant will be notified by a notification letter from the USCIS.

The 14th Amendment and U.S. Citizenship

On Thursday, January 6, 2011, the 112th Congress of the United States came into power. And on the floor of the House of Representatives, the United States Constitution was read in its entirety. It is an eloquent document that defines our Democratic Republic. Yet, on January 5th, on day before it was read, 14 state legislators from throughout the United States, gathered in Washington D.C., seeking to change the 14th Amendment of the United States. This Amendment states that “all persons born or naturalized” in the United States are citizens of the U.S. These lawmakers specifically want to deny children born in the United States to immigrants U.S. Citizenship and the documentation needed to prove their citizenship. Reading and listening to the U.S. Constitution should not be two separate events.

Millions of people are unemployed, state budgets are being cut, people are losing their healthcare and these 14 state legislators think that denying U.S. citizenship to children born in the United States is or paramount importance. I wonder if they know the history behind the 14th Amendment? It was adopted on July 9, 1868 as one of the Reconstruction Amendments. Its Citizenship Clause provides a broad definition of citizenship, overruling the Dred Scott v. Sandford decision of 1857, which denied U.S. Citizenship to blacks.

The Citizenship Clause reads as follows:

“All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the State wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

These are indeed beautiful and eloquent words to live by. So let us not just read the U.S. Constitution, but listen to it.

Need help with Visas? Visit Immigration Direct now.

The United States Is Facing A Nursing Shortage

According to the American Nurse Association, the nursing population is aging rapidly and they predict that 65% of registered nurses (RN) will retire this decade. By the year 2020, the RN workforce is forecast to fall nearly 20 percent below projected RN workforce requirements. The U.S. Department of Health and Human Services estimates that the nurse shortage will reach 1.2 million by 2020. This shortage is to be taken seriously, especially with the Baby Boom generation getting older and older, the demand for RNs is expected to increase.

Hard hit areas, such as California, Florida and Texas, are turning to overseas recruitment in order to help with the shortage problem. There are two different visa categories that foreign nurses can apply for in order to enter the United States to work. There are the three nonimmigrant visas: H1-B visas, TN visas and H-1C visas. And there is the EB-3 immigrant visa.

Nonimmigrant visas are temporary visas and allow the employee to enter US for a limited amount of time. Nonimmigrant visas present problems if we wish to fill the nursing shortage. The first is that they are temporary and therefore would do little to address the nursing problem long term. The second is that there are very few available nonimmigrant visas available for foreign nurses. For example, H1-B visas are only available to those who have a bachelor’s degree or higher. Many foreign-born nurses do not have the required educational degree in order to be eligible for an H1-B visa. TN visas are only available to qualified nurses from Canada and Mexico. And H1-C visas, which were created specifically to address the nursing shortage, are limited to only 500 per year and currently only a very small number of hospitals have the required certification to qualify for thius type of visa.

The second type of visa, the EB-3 immigrant visa, makes more sense since it allows foreign nurses to receive a Green Card and therefore become permanent residents in the US. Foreign nurses can apply for EB-3 visas, or a “third priority employment-based visa.” In order to be eligible to apply for an immigrant visa, the foreign nurse must be sponsored by a US health facility, such as a hospital. The application process is lengthy, requiring the US employer to file an I-140 petition and labor certification with the US Citizenship and Immigration Services (USCIS).

The nursing shortage has to be addressed and qualified, foreign-born may be part of the solution.

What is an E2 visa?

The E2 visa is a special non – immigrant visa which is available to nationals of treaty countries. It is a visa reserved for investors from countries which have commerce and navigation treaties or bi-lateral investment treaties with the United States and who wish to invest substantial capital in any company in the United States for the purpose of developing and directing business operations of the enterprise.

The E2 visa is issued generally for four to five years. Although some consulates may issue Visas for 2 years, they may extend the visas for unlimited periods as long as the investment continues. People who apply for E2 visa must provide a documentation about the business and the plan, the amount of the business and the nature of the capital and must provide the calculation of the jobs to be created.

Eligibility for E2 visa

To qualify for the treaty visa, the applicant must satisfy the following conditions.

• must be a national of a treaty country
• investment must be substantial
• investment must be in a real operating enterprise
• investment must not be marginal
• must have the control of funds and bear the risks of investment, and
• the home country maintains a treaty of commerce and navigation, or bi-lateral treaties in the United States

Even though there is no specific amount mentioned by the law, it is required that the investment amount must be 50 percent ownership in an enterprise which generates active income. However, a minimum amount of $25,000 is necessary as a substantial investment.

The spouse and unmarried minor children may accompany the E2 visa holder to the United States on E2 visa. Though they may accompany the Visas holder, they are not allowed to work in the United States. Like the other Work Visa (H1- B), the E2 visa holder may apply for permanent residency.

The applicant must ensure he or she submits the required supporting documents for the application to be approved. The following is the list of documents that need to be submitted.

-DS-156, Non- immigrant Visa Application

-DS-156E, Non- immigrant Treaty Trader or Investor Application

-DS-157, Supplemental Non- immigrant Visa Application

-Copy of your passport

-Two identical color photographs

-Business Plan outlining future investment scheme

-Applicant's curriculum vitae

-Evidence of the employment in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the firm

-Evidence of possession and control of investment funds

-Evidence of remittance to the U.S

-Evidence of establishment of business in the U.S

-Evidence of the nationality of the investors/traders

-Evidence of investment in the U.S.

-Evidence of substantiality

-Evidence that the enterprise is not marginal

-Evidence that the business is a real, operating enterprise

The application process for this visa varies from one country to the other. The applicants must generally apply at the US Embassy or Consulate with jurisdiction over their place of permanent residence. Interview will be conducted for the applicants who are aged between 14 and 79. During the interview process fingerprints will be taken. The decision of the petition will be notified in writing.

Getting a Green Card Through Employment

Green card can be obtained in many ways. Foreign nationals who are eligible can apply for a green card through employment. Based on your employment and depending on the willingness of the employer to sponsor you, you will be able to immigrate to US.

Eligibility to Apply for Green Card through Employment: (Work Visa)

It is necessary that you should fall under one of the following categories to be eligible for employment based green card or immigration,

EB-1 Priority workers who are in high demand like professors, researchers, executives and also includes professionals in sciences, arts, education, business, etc.

EB-2 Persons with exceptional ability or professionals with advanced experience in arts, sciences and professionals with undergraduate degrees and advanced degrees with extensive work experience.

EB-3 Professional or skilled workers who are skilled in the field where you need a baccalaureate degree with two years of experience of training or a bachelor degree from a university.

EB-4 Special Immigrants who are specialized professionals or otherwise skilled qualify for this EB-4 category

Getting a green card through employment starts off with developing a fair communication with an employer, as the employer is the person who is going to sponsor the green card. Applying for a green card is a multi-step process. For getting a green card through employment, first the sponsor who is the employer must petition for labor certification from the DOL which is the Department of Labor's Employment and Training Administration. The DOL, thereafter should verify that your employment in the US will not adversely affect the employment opportunities of qualified US workers. Much priority is given to the workers who prefer the job that you are being offered. If the petition is approved by the DOL, your employer must file Form I-140 with the USCIS, which is the petition for an alien worker.

After approval of the I 140 petition by the USCIS, it will be forwarded to the NVC, National Visa Center which will send information to your employer that your application has been approved. If you are in the US when the visa number is made available, you can file I 485 to adjust your status. If you are outside the US, you will have to complete the processing at the US consulate by applying for an immigrant Visas. The whole process is to be completed by submitting the necessary documents and the relevant fees .Once the process is complete and your application is approved, you will be granted conditional permanent residence which is valid for two years. You will be able to live an work in the US after getting conditional permanent residence.

If you do not have an offer of employment from a US employer, you can still apply for a green card by self-petitioning if you qualify under the suitable category. With special abilities which are in demand in the US workforce, you can self petition yourself and obtain a green card. In case you are an investor who is investing in the United States and creating new jobs, you will be able to qualify for a green card. In most cases people opt for getting a green card through employment by an employer who sponsors them.