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.

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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.

Overview of Marriage Visas to the US

Overview of Marriage Visas :

The question of bringing your fiance(e) or spouse to the United States is quite complex and lengthy in nature. There are many conditions related to the marriage visas which are discussed below:

Contrary to common belief, a fiancee or spouse should not enter the United States on a tourist visa with an intent to stay and apply for a green card in due course by adjusting their status.

A further option for the spouse of a US citizen would be to obtain a green card directly from the US consulate or embassy in his or her native country before leaving for the United States, provided that the embassy or consulate will process the application.

Consequences of marrying a US citizen while on a tourist visa:

It is legitimate to come to the United States on a tourist visa or a US Visa waiver and marry a US citizen, provided that after doing so you actually intend to return to your home country. However if you enter on an tourist visa, marry a US citizen and subsequently apply for an adjustment of status, the USCIS would view it as an immigration fraud. Marriage visas should be used for the purpose it is meant for.

The 30/60/90 day rule is applied by the USCIS to determine if a tourist has commited a visa fraud:

The general thumb rule is as follows:

If an applicant applies for a green card adjustment of status within 30 days of his entering US, the intent to commit marriage visas fraud is presumed and the application in all probability will be denied.

If an applicant applies for a green card adjustment of status between 30-60 days, the presumption of visa fraud can be overcome by rebuttal.

If an applicant applies for a green card adjustment of status between 60-90 days, the presumption would be reversed unless there is evidence of a preconceived intent for visa fraud. In most cases the adjustment of status application will be granted

The marriage visa fraud suspicion seldom arises for an application that is filed after 90 days.

In almost all cases were a visa fraud is found, the consequence are bound to be severe. The applicant would be deported and could also be barred from entering the United States in the future.

The correct means of applying for a marriage visa:

• Apply for a K-1 Visa. To be eligible for the K-1 visa, the foremost condition is that the fiance(e) should be marrying a US citizen and not a green card holder. The intending couple should have met within the preceding 2 years, and the US citizen should be able to financially support the overseas fiance(e).
• Get married to the individual by traveling to his/her home country and then apply for a spousal visa (K-3 Visa)
• Get married to the individual by traveling to his/her home country and then apply directly for a green card at the US embassy or consulate or petition for the spouse from the US.

Which of the above would be the fastest?

This would upon certain factors including, state of residence in the United States - generally based on the fact as to where the marriage visa application is filed, the policy and processing time of the US embassy or consulate.

The whole process is a complex one which should be addressed properly to avoid any problems.

How to Get a Green Card through Marriage Immigration

Marriage to a US citizen is sometimes referred to as a quick way of obtaining the permanent residency. There are no limitations on the number of people who obtain permanent resident cards through marriage to US citizens.

There are so many rules when it comes to marriage immigration in the United States. If you are seeking to obtain a green card through marriage immigration, then you must be very careful with the application and must provide all the required evidence to support your application. A special benefit for the battered spouses and children of US citizens and lawful permanent residents are entitled by the immigration law.

There are few important factors that are to be considered when it comes to marriage immigration. These factors include the age difference, ethnicity or religious beliefs difference, the presence of witnesses at the marriage, the addresses separation, children, and the inconsistencies of excessive documentation. You must be able to prove that all the information are true and provide the right documentation. Even a small inaccuracy in the information provided will lead to the denial of your application.

While obtaining a green card through marriage immigration, you must be aware of the process which is detailed below.

• Prior To Marriage

Your fiance(e) must file the form I 129F, Petition for Alien Fiance(e). This is a very necessary step to be followed when you enter the United States prior to your marriage. You must ensure that you enter the United States on a K1 visa (fiance(e) visa).

• Status Changing

After you enter United States and you get married, your visas status will be still K1 and will not be changed to a lawful permanent resident. This is the process when you enter the United States before your marriage. Once married, you need to file for an adjustment of status. You must ensure your visa status does not expire before as long as you wait for your green card. Otherwise you will be deported from the United States.

• Passing Interview

Once you fill in the marriage immigration document and submit it to USCIS, you and your US citizen spouse will have to go through the marriage interview process. The purpose of the marriage interview to is to check if all the applications are filed per the procedure and the documents issued are correct.

• Receiving Green Card

After the above mentioned process, if you are checked and are stated that you are in a secure condition, the US immigration authorities will send you your green card. You will be issued first with a conditional green card which is valid for two years. Within the 90 days period immediately preceding the end of the two year period, you may file an application to remove the conditions on your green card to obtain the permanent resident status. If the marriage terminates for the reason of divorce, death of the citizen spouse, spousal abuse, the foreign-born spouse may apply for a waiver of the joint petition requirement to the USCIS at any time before the end of the two year period.

• Outside the US

If your marriage happened outside United States, then you need to wait for your spouse to file a different petition called K3 visa which must be filled and completed before you enter the United States. This visa can be applied for only after your spouse has filed the I-130 petition. You can enter the US on a K-3 while the I-130 is still pending.