You options to bring your foreign wife/husband to United States
Posted by Josun in Avoid Green Card Mistakes on March 3, 2010
What would be the best approach for you if you, as a U.S. citizen, want to live as husband and wife in the United States as soon as possible?
United States Citizenship and Immigration Services (USCIS, formerly Immigration and Naturalization Service – INS) made changes in processing K-3 marriage-based visa petitions. If you make an application by filling out Form I-130 and form K-3 via National Visa Center (NVC) to speed up the process, then NVC will close your K-3 petition. This procedure went into effect as of February 1, 2010.
How will new procedure affect your status?
Here’s more clarification: as a U.S. citizen, you married a foreign national. You want your wife or husband to come to United States to live together. You have two options:
1) You apply to the USCIS by filing immigrant petition I-130 for your foreign spouse to bring him/her to United States. USCIS approves your petition and forwards it to NVC with your financial support affidavit. NVC forwards it to consular section of the U.S. embassy in the country of your spouse.
2) You choose to make an application for K-3 (not K-1 fiancé) visa. Because, processing time for K-3 visa is faster.
In the past, NVC was processing both petitions (I-130 and K-3) and you, as an American citizen, were able to bring your spouse while your immigrant visa application was in progress. So, your foreign spouse was able to come to United States as legal resident and stay with you while waiting for visa.
Your options under new USCIS rule
Now, if you make two applications (I-130 and K-3) to speed up the process, NVC will not process both of your applications as it did in the past. Instead, NVC will close your K-3 petition and process only your I-130 petition. The reason is simple: USCIS will reduce its workload by processing only one petition.
According to Paul Szeto, Esq., if you make an application for K-3 only, you may see your spouse faster than applying for I-130. Furthermore, as a result of reduction in workload, USCIS and NVC processing time will be shorter.
H-1B Visa Violations That You Should Avoid
Posted by Josun in Avoid Green Card Mistakes on February 17, 2010
USCIS memo created concerns for H-1B beneficiaries and employers
The January 8, 2010 U.S. Citizenship and Immigration Services (USCIS, formerly Immigration and Naturalization Service – INS) issued a memo on the subject of H1b “employer-employee” relationships relating to H-1B visa application and process. This created uncertainty for many H1B beneficiaries and U.S. employers.
How does H-1B process work?
Immigration and Nationality Act has criteria for qualifications of H-1B nonimmigrant foreign national.
The U.S. Department of Labor must first determine that the petitioning U.S. employer qualifies to submit an application. The Secretary of Labor determines and certifies to the Attorney General that the U.S. employer has filed with the Secretary an application. Then, H-1B visa is issued if all conditions of the petitioner meet the requirements.
Who monitors H-1B violations?
The U.S. Department of Homeland Security’s (DHS) Document Fraud and National Security (DFNS) monitors violations of H-1B visa and other fraudulent activities by immigrants who want to stay and work in the United States.
What are the major H-1B visa violations that you and U.S. employer should avoid?
Here are some of the major violations of H-1B visa applications:
- Beneficiary non-U.S. national worked at a site other than those listed in H-1B petition.
- Beneficiary (foreign national) did not get paid for the work.
- Reporting fake working site address.
- Beneficiary worked for jobs that are not listed in H1B petition.
- Foreign national started working for U.S. employer before filing H-1B petition.
Companies that are subject to intensive scrutiny
DFNS puts more emphasis on U.S. employers that are more likely to violate H-1B visa requirements. These companies that:
- have been in business less than 10 years
- employ less than 25 employees
- earn less than $10 million
Source: Global Immigration Partners, Inc.
How long does it take to get fiancé visa (K-1)?
Posted by Josun in Green Card application on February 6, 2010
Purpose: You need K1 visa to bring your foreign fiance to get married and living in United States.
USCIS Form: As a U.S. citizen, you make your petition by filing I-129F form with U.S. Citizenship and Immigration Services (USCIS, formerly Immigration and Naturalization Service – INS) office near you. USCIS office sends your petition to National Visa Center (NVC) upon approval. NVC sends it to consular section of U.S. Embassy in the country where your fiancé lives. Consulate officer contacts your fiancé and asks you fiance to apply for K-1 visa.
How long does it take? It takes two months if you lucky (workload of the consulate office is not heavy). In normal circumstances, it takes from two to six months.
U.S. embassy in your fiance’s country tries to help your fiancé as much as possible as a service to you, an American citizen.
How does fiancé visa process work?
Documents that your fiancé submits: birth certificate, valid passport, police clearance report, divorce decree or death certificate if your fiancé married before, medical examination report from doctors/health clinics listed by the embassy, two passport photographs, evidences that show that you are in a fiancé relationship in the past.
These documents must be accompanied with b (Non-Immigrant Fiancé Visa Application Form), DS-156K (Non-Immigrant Fiancé Visa Application), and Form I-134 (Affidavit of Support) that you will prepare and send.
Your fiancé goes through an interview at consular section of U.S. embassy and submits these documents and forms. Consular officer returns the originals after reviewing them and retaining the photocopies.
Please note that this information is obtained from our clients who asked us to have their documents translated into English and certified for the U.S. Citizenship and Immigration Services (USCIS, formerly Immigration and Naturalization Service – INS). This is not a legal advice or a part of legal services. You need to check with an immigration attorney to get legal advice on this and other immigration matters.
H-1B Visa Petitions – New USCIS Rules on Petitioner-Beneficiary Relationship
Posted by Josun in Green Card application on January 31, 2010
In January 2010, the U.S. Citizenship and Immigration Services (USCIS, formerly Immigration and Naturalization Service – INS) introduced new rules for handling the H-1B applications in a memorandum. According to this new memo, employer-employee relationship must exist between the petitioner and the person who will benefit from this petition (beneficiary). And, this relationship must continue during the whole period of H-1B employment.
The petitioner must be in control of or supervise the beneficiary. A self-employed consultant does not qualify. The petitioner (employer) must be able to hire and fire the beneficiary. There are some restrictions if supervision is off-site rather than on-site.
The product produced by the beneficiary must be in the same line of business with the petitioner. Payment of the beneficiary by the petitioner and evaluation of beneficiary’s work by the petitioner are important areas of interest for the USCIS to determine if the employer-employee relationship is real and the beneficiary is eligible to get H-1B visa.
Temporary Extension of Stay for Haitian in U.S.
Posted by Josun in Country-specific immigration information on January 27, 2010
Los Angeles District Director of U.S. Citizenship and Immigration Services (USCIS) announced, on January 25, 2010 that Haitian visitors could apply to extend their stays in the United States by 18 months. This good news followed the “temporary protected status” granted to nationals of Haiti last week by Homeland Security Secretary Janet Napolitano. Accordingly, Haitians in the U.S. can extend their stay as a result of natural disaster (earthquake in early January 2010) and unsafe conditions in Haiti.
If you are Haitian citizen and came to the United States before January 12, then you qualify to extend your visa, provided that you do not have any criminal record.
Other good news is: if you submit your petition for extending your visa, change your immigration status, the USCIS will consider your petition “favorably” and even waive the $470 in fees for temporary protected status, work authorization, and biometric data.
Most of 200,000 Haitians reside in Miami and New York will be eligible for temporary protected status.
We need your comments!
Posted by Josun in Certified translation of your documents on September 20, 2009
Our purpose is to complete your “certified” translation for U.S. Citizenship and Immigration Services (USCIS) accurately and faster. We value your opinion. Your comments below will help us better serve you and people from your country in the future. Here are some subjects that you may want to comment on:
- Did you find us website useful for your needs?
- Did we respond to your request for quote fast?
- Did you receive your translation as we quoted and you expected?
- How can we help you better in the future? (by improving our website, services, etc.)
We thank you so much for your comments and cooperation!
Immigration from India: Birth certificate problems
Posted by Josun in Country-specific immigration information on September 16, 2009
Pramod was born in 1967 in India. His parents did not report his birth. Reporting birth before 1970 was not obligatory in India. Registration of Births, Deaths, and Marriage Act of 1969 made such reporting a legal obligation.
He obtained a document from the local government agency stating that his birth certificate was not available. This situation did not create any problem for Pramod until he applied for Green Card in February 2009 after getting married a girl he met at India booth at the Ethnic festival in Virginia. Since his wife became a U.S. citizen about a year ago, they filed Petition for Alien Relative (I-130).
He found out from his attorney that ration card along with his government-supplied non-availability of birth certificate document could also be used for his permanent visa application. The other option was to get a sworn affidavit executed by either the parents, if living, or other close relatives older than the applicant. As his father and mother passed away five and two years ago and getting such affidavit from his relatives in India seemed to be quite difficult, upon his attorney’s advice, he asked us to provide certified translation for immigration of his two documents in Marathi language.
Last month, he received a letter from the U.S. Citizenship and Immigration Services (USCIS) for fingerprinting. It seems that things are going well for him.
Getting Your Green Card
You may apply for Green Card under the following categories: (a) marrying an American citizen; (b) engaging to marry your U.S. citizen fiancé; (c) asking your family relatives (your father, mother, husband, wife, brother, sister, children over 21) who are “citizens” of United States; (d) asking your close family members (your father, mother, husband, wife) of Albanian origin, who have Green Card; (e) receiving employment offer from an American employer; (f) winning Diversity Visa Lottery in your native country; (g) investing your money in United States; (h) qualifying as special immigrant (recognized religious workers, foreign medical graduates, etc.); (i) requesting humanitarian protection (asylum, refugee) from persecution or fearing based on your race, religion, nationality, political opinion, or membership in a particular social group in your native country.
ACR Language Translation Services, subsidiary of ACR Systems Inc., founded in 1982, provides certified translation for Green Card when you apply to U.S. Citizenship and Immigration Services (USCIS, formerly Immigration and Naturalization Service – INS) for its clients applying for Green Card (permanent resident visa) and U.S. citizenship.
Are you eligible for Green Card Lottery?
Posted by Josun in Green Card Lottery option on September 8, 2009
Eligibility for Green Card Lottery program: Are you eligible?
Citizens from many countries are eligible to participate in Green Card Lottery (Diversity Visa) program. However, following countries are not included in the list: Brazil, Canada, China (mainland), Colombia, Dominican Republic, El Salvador, Haiti, India, Jamaica, Mexico, Pakistan, Peru, The Philippines, Poland, Russia, South Korea, United Kingdom (excluding Northern Island), and Vietnam. So, you are not eligible if you are a citizen of one of these countries. You need to check the listing of these countries in each year’s Diversity Visa program (stated as DV-2009 or DV-2010, etc.)
What happens if your native country’s name is on the list?
Well. That’s not the end of the world! You have all other options to get your Green Card.
Other options to get your Green Card
Green Card lottery program is not the only option that you have to get a Green Card. Your other options are: marrying American citizen (after getting fiancé visa), investing in the United States, getting a job offer from a U.S. employer, asking your American relative to apply for you, applying as a special immigrant, and requesting humanitarian protection (asylum and refugee status) if you meet the conditions of being one.
Please remember that U.S. Citizenship and Immigration Services (USCIS, formerly Immigration and Naturalization Service – INS) certification requirements of your documents for all Green Card applications.
Getting Your Green Card
You may apply for Green Card under the following categories: (a) marrying an American citizen; (b) engaging to marry your U.S. citizen fiancé; (c) asking your family relatives (your father, mother, husband, wife, brother, sister, children over 21) who are “citizens” of United States; (d) asking your close family members (your father, mother, husband, wife) of Albanian origin, who have Green Card; (e) receiving employment offer from an American employer; (f) winning Diversity Visa Lottery in your native country; (g) investing your money in United States; (h) qualifying as special immigrant (recognized religious workers, foreign medical graduates, etc.); (i) requesting humanitarian protection (asylum, refugee) from persecution or fearing based on your race, religion, nationality, political opinion, or membership in a particular social group in your native country.
ACR Language Translation Services, subsidiary of ACR Systems Inc., founded in 1982, provides certified translation for Green Card when you apply to U.S. Citizenship and Immigration Services (USCIS, formerly Immigration and Naturalization Service – INS) for its clients applying for Green Card (permanent resident visa) and U.S. citizenship.
Do I need to get apostille translated for USCIS?
Posted by Josun in Green Card application on September 8, 2009
When do you need apostille?
Apostille is an internationally accepted document certifying or legalizing your document (birth certificate, marriage certificate, police record, etc) that it has been issued properly by the right official agency. Apostille is generally required when you submit your documents to foreign government agencies, that is the U.S. Citizenship and Immigration Service (USCIS, formerly Immigration and Naturalization Service – INS) when you apply for your Green Card (permanent resident visa).
What is apostille exactly?
Apostille refers to “certification” in French language and “legalization” in English language.
Rules relating to apostilles are stated in 1961 Hague (La Haye) Convention Abolishing the Requirement of Legalization for Foreign Public Documents. See if related county is Hague Convention countries listing (HCCH).
Almost all apostilles contain the same information: type of document, agency that issued the document with the name, title and signature of the issuing official.
How can you get your apostille translated for the USCIS?
Many translation agencies provide apostille translation together with your other immigration documents. You may get discount by having more documents translated at once rather than translation of each individually.
Getting Your Green Card
You may apply for Green Card under the following categories: (a) marrying an American citizen; (b) engaging to marry your U.S. citizen fiancé; (c) asking your family relatives (your father, mother, husband, wife, brother, sister, children over 21) who are “citizens” of United States; (d) asking your close family members (your father, mother, husband, wife) of Albanian origin, who have Green Card; (e) receiving employment offer from an American employer; (f) winning Diversity Visa Lottery in your native country; (g) investing your money in United States; (h) qualifying as special immigrant (recognized religious workers, foreign medical graduates, etc.); (i) requesting humanitarian protection (asylum, refugee) from persecution or fearing based on your race, religion, nationality, political opinion, or membership in a particular social group in your native country.
ACR Language Translation Services, subsidiary of ACR Systems Inc., founded in 1982, provides certified translation for Green Card when you apply to U.S. Citizenship and Immigration Services (USCIS, formerly Immigration and Naturalization Service – INS) for its clients applying for Green Card (permanent resident visa) and U.S. citizenship.
About Us – User Agreement
Posted by Josun in About Us - User Agreement on September 6, 2009
About Us – User Agreement
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About Us
ACR Language Translation Services is a subsidiary of ACR Systems Inc., founded in 1982 and registered in California and Virginia.
The purpose of these blogs containing news and information about Green Card, U.S. citizenship, and translation for U.S. immigration, U.S. Passport Agency and other public and private organization is to provide some assistance. The views and comments expressed are not intended to give any legal advice. Please see our Disclaimer that also covers this blog section.
You, as our client or visitor, are welcome to comment on the blogs under several categories.
User Agreement
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The WebPages, including blogs, available at www.online-languagetranslators.com, and all linked pages are owned and operated by ACR Systems Inc. (”ACR”), and are accessed by you under the User Agreement described below.
Please read the provisions of this “User Agreement” carefully before using the services. By accessing this web site or using any part of it or any content or services on it, you agree to be bound by these terms and conditions. If you do not agree to all the terms and conditions, then you may not access the web site or use the content or any services in the web site. Your continued access of the web site will constitute your acceptance of any changes or revisions to the User Agreement.
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