Marrying an American Citizen During Your Visit United States
Posted by Josun in Marrying American citizen on June 25, 2010
What happens if you find an American soul mate?
It is happening all the time. A man or woman comes to the United States for touristic purposes and falls in love with an American citizen. What is also happening is a man or woman decides to marry and comes to the U.S. with a tourist visa. Big difference!
It is illegal to come to the United States with tourist visa to get married
Here’s what happened: Gloria, a young attractive girl from Venezuela starts chatting with Paul, an intelligent new graduate American working for a Fortune 500 company in Chicago. Paul flies to Brazil for business and takes a few days of his annual leave to go to Venezuela to meet Gloria for the first time.
Paul proposes to Gloria on his last day in Venezuela. They decide to get married in July, two months later. Considering that getting a tourist visa would be easier and simpler, Gloria applies for a tourist visa from the consular section of the Embassy of the United States in Caracas.
Responding to custom officer’s question for her stay in the United States, Gloria tells that she will stay at Paul’s home and get married in few weeks. That’s the end of Gloria’s story! The U.S. Customs Officer asks her to go back to her country with the first flight. That was a nightmare for Gloria. What she didn’t know was the fact that one cannot use tourist visa for any other purpose, including for getting married in the United States. What a costly mistake!
Christina gets married an American citizen while on a tour to Las Vegas
In contrast to what happened to Gloria, Christina successfully gets married in Las Vegas without knowing anything about immigration laws. After getting back to Las Vegas from Grand Canyon trip, Christina meets David who was sitting next to her at Cirque du Soleil show. Accepting David’s offer to have dinner, they fall in love to each other. Two days later, Christina and David get married in Las Vegas.
Legitimate use of tourist visa
Christina stayed in the United States with no problem as she didn’t know that her touristic visit would result in a marriage. So, she did not face any legal problem. David requested certified translation of Christina’s birth certificate in order to apply for Green Card for her. Christina received her labor certification in 35 days, allowing her to legally work in the United States. Christina was invited to have her photograph and fingerprints taken at local immigration office. Now, they are waiting for an interview at U.S. Citizenship and Immigration Services (USCIS).
Adopting a Baby to Bring to United States
Posted by Josun in Child Adoption Overseas on June 5, 2010
Short story of adopting a baby overseas
If you are living in the United States and planning to adopt a baby from another country, then here’s a story of one of our client’s that may help you:
Irene emigrated from India with her parents when she was 3 years old. She married and got divorced four years ago. She didn’t have any child from her marriage. Instead of living alone, she wanted to raise a child. She went back to New Delhi to visit her relatives and told them about her plans.
Irene visited four orphanages and decided to adopt a five-month old baby boy who was left at a hospital.
Requirements for adopting a baby
She contacted consular section of the U.S. Embassy and learned about the requirements for adoption of a child: she must be an American citizen and over 25 years old (she met these requirements). She was reminded that she should first meet the adoption requirements of the Government of India. She contacted a local attorney to avoid any legal problem.
Irene had two options to adopt the baby: one option was to bring the baby to the United States as orphan and adopt him in the U.S. The other option was to complete all adoption paperwork in India. She preferred to do it while she was in India as she missed her home country so much and had enough time.
Forms and application to U.S. embassy abroad
She filed Form I-600 “Petition to Classify an Orphan as an Immediate Relative” and submit it with visa application. She had an interview at the embassy by bringing the baby. She also brought legal papers allowing her to have the legal custody of the child from local authority along with a medical examination report. Medical report showed that the baby boy needed a testis operation. This was no problem for the adoption and bringing him to the United States.Irene obtained a “Non-Availability of Birth Certificate” from the local authority as the baby didn’t have a birth certificate.
Consular officer at the U.S. embassy was very much familiar with adoption process and helped Irene in preparing and completing all paperwork within a very short period of time.
Certified translation of adoption papers
Irene is back to the United States with her baby. She contacted us for certified translation of her baby’s Non-Availability of Birth Certificate and is living happily with her son in Los Angeles.
Marriage Certificate Translation for U.S. Immigration
Posted by Josun in Certified translation of your documents on May 24, 2010
U.S. Citizenship and Immigration Services Requirements for Married Couples
You must have a marriage certificate or marriage license if you are married. If you re-married, then you need to present one of the following documents:
- Divorce decree. Make sure that you have the finalized copy after right to appeal was exercised or waived.
- Death certificate if previous spouse died.
- Annulment certificate.
What happens if you are married but don’t have marriage certificate?
If are married but lost your marriage certificate, then you need to obtain a document from the official agency stating the case with official seal/stamp and signature. You may also get an affidavit from relatives or friends who have witnessed your marriage and this affidavit must be executed before an official agency.
Some countries, such as India, issue non-availability of marriage certificate (as well as birth certificate) in cases where marriage has not been officially recorded.
Who issues divorce decrees?
In many countries, including China, Russia, and in most Christian counties, courts handle divorces cases and issue divorce decrees for dissolution of marriage union. Some courts require passage of certain period of time before deciding on divorce or separation of marriage.
In most Muslim countries, Religious or Sharia Courts issue divorce decrees.
Marrying American citizen to get your Green Card faster
Many citizens of other countries get their permanent resident visa by marrying a U.S. citizen. The U.S. Citizenship and Immigration Services (USCIS, formerly Immigration and Naturalization Service – INS) scrutinizes such marriages carefully non-immigrants who have to leave the United States get married fast, or marriage creates some doubts if married persons are not living together.
If you are married an American citizen, it will help if you arrange a wedding attended by the relatives, especially the relatives of the U.S. citizen, joint tax returns that you filed, receipts and utility bills, and bank accounts carrying both of your names. Having a joint child also helps in getting your Green Card.
You need to get certified translation of your marriage certificate into English
If your original marriage certificate is not in English language, then you need to submit “certified” translation of your marriage certificate into English language to submit to the USCIS.
Information on U.S. agencies for new immigrants
Posted by Josun in Green Card application on May 12, 2010
Functions of federal and state agencies in getting your Green Card
Many new immigrants get confused which agency is responsible in their application to get their Green Cards (labor certification and permanent resident status). Documents in your application file may change hands before you get your Green Card. So, you need to know which agency is responsible in different fields. Here’s the summary of functions of these federal and state agencies:
U.S. Department of Homeland Security
This new federal agency was established after September 11 attack to help protect the United States against future attacks. Immigration and Naturalization Service (INS) operates under this Department with its new name of U.S. Citizenship and Immigration Services (USCIS).
U.S. Citizenship and Immigration Services (USCIS)
USCIS is another federal agency to which you submit your petition to get your Green Card if you are in the United States. You submit your petition for permanent resident visa to consular sections of the U.S. embassy in your native country if you are applying outside the United States.
U.S. Immigration and Customs Enforcement (ICE)
ICE targets illegal immigrants and criminal activities that may threaten citizens of the United States. Activities of ICE are regulated USCIS (formerly INS) and U.S. Customs.
U.S. Customs and Border Protection (CBP)
This is also another new federal agency established after 9/11 to make trade and travel secure and enforces laws related to immigration and drug trafficking.
U.S. Department of Labor (DOL)
Your Green Card allows you to stay and work in the United States. You get labor certification if you wish to work legally before you get your Green Card. Your permit to work in the United States is issued by DOL (Office of Foreign Labor Certification). However, you make your application to the USCIS, not DOL.
U.S. Department of State (DOS)
This federal agency is responsible for visa. You get your non-immigrant visa for your temporary stay in the United States. This is the first step. You, then travel to the United States and are physically allowed to enter by Customs Border Protection office at the airport, seaport or at other port-of-entry.
DOS also organizes distribution of limited number of Diversity Visa (DV) Lottery each year for citizens of eligible countries. If you are from a country that sends less than 20,000 immigrants to the U.S., then your chances of getting a Green Card is higher as DOS separates more diversity visas to your country.
We hope that you do not face any problem in your application as a new immigrant, however, if you do, then federal district courts handle your immigration status. So, you may apply to the federal district court if you encounter any problem with the USCIS.
Make your immigration paperwork complete and accurate
In order to make your petition for your Green Card, you have two options:
(1) Read immigration forms carefully and review some books on U.S. immigration at your local library or buy some books at a bookstore.
(2) Get the services of an immigration attorney. Many attorneys specialize in U.S. immigration law and can help you get your Green Card as soon as possible, especially if your case is not straightforward and you expect some problems.
You need to get certified translation of your documents into English
If your original documents are not in English language, then you need to submit “certified” translation of your documents such as birth certificate, marriage certificate, divorce decree, etc., if applicable. You may contact us for certified translation of your documents for the USCIS.
Non availability of birth certificate when applying for Green Card
Posted by Josun in Green Card application on April 19, 2010
What happens when you have no birth certificate?
Many immigrants face a problem of not having a birth certificate when applying to U.S. Immigration for their Green Card. People especially from several regions of India have never got birth certificate. We translated and certified non-availability of birth certificates from Hindi, Gujarati, Marathi, Kannada, and many other languages. Certificates issued by local governments for food supply contain information about the individuals and are used to prove the place and date of birth of the individual.
Many refugees do not have birth certificates
Modern-day tragedy still continues. Many people are being forced to leave their home country due to civil wars, riots, and political regime changes. These people leave their hometowns by leaving their belongings, including their valuable papers.
U.S. Citizenship and Immigration Services (USCIS) accepts alternative documents for Green Card applications
In cases where our clients have no birth certificate, they try to find any official document that shows their place and date of birth, names of their father and mother, and any other relevant document. In many countries, civil registration offices, and in others, churches issue certificates containing birth certificate information. Certificates of baptism are common in many European countries.
The U.S. Citizenship and Immigration Services of the U.S. Department of Homeland Security accepts certificates or some other official documents (driver’s license, passport, etc.) under different titles if the application does not have a birth certificate.
Embassy of your country can help you in getting your documents for immigration
If you lost your birth certificate, marriage license, divorce decree, or any other document, then you can contact the consular section of the embassy of your country. All embassies are located in Washington, D.C., the nation’s capital. Some embassies have consulate offices in major cities such as New York, Miami, Boston, Los Angeles, Houston, and other cities and they ask you to contact the nearest consular office for your application. Many embassies have online system connected to their headquarters in native counties to facilitate issuance of birth certificates, marriage certificates, and other documents in a short period of time.
How can you get certified translation of your new certificate?
Any document that is not in English must be translated and certified for the U.S. Citizenship and Immigration Services (USCIS, formerly Immigration and Naturalization Service – INS). Certified translation is on professional translation agency’s corporate letterhead with authorized signature, raised/embossed corporate seal with a statement as required by the USCIS. This “Certification by Translator” document certifies that (a) the translation is accurate and true, and (b) the translator is competent in translating such document.
Certified translation of your documents must be submitted to the USCIS in hard copy as copies (electronic or photocopied) are not acceptable.
People requesting asylum in United States and other countries increase
Posted by Josun in Asylum - Refugee status on March 23, 2010
Asylum and refugee problems keep growing in United States and other countries
People from many countries come to the United States and claim that will face prosecution if they go back to their own countries. This is typical asylum case. Many countries in the world extend such assistance for people whose lives and properties are at risk in their return.
United States handles increasing number of asylum cases increasing each year for human rights protection. Some law firms have limited pro bono assistance programs for foreign national seeking asylum in the United States, and some nationals hire immigration attorney. However, there are others who cannot afford to pay legal fees starting from $3,000 charged by lawyers.
Afghans were on top of asylum applicants list in 2009
United Nations High Commissioner of Refugees (UNHCR) reports each year the asylum and refugee status in all countries. According to UNHCR report, 26,800 Afghans submitted asylum applications followed by Russians, Chinese, Serbians, and Nigerians. In 2009, there were 377,000 people seeking asylum on worldwide basis.
Detention centers are getting increasing number of asylum seekers and refugees each year
Asylum and refugee protection is secured under 1948 Universal Declaration of Human Rights and 1951 Protocol of the U.N. Convention Relating to the Status of Refugees. While these arrangements try to protect human rights all over the world, there are no specific timeframe and specific procedures in handling the asylum and refugee cases.
United States is protecting those political asylum seekers and refugees even if they do not have proper travel and identification documentation when such people face torture and persecution if they return to their home countries.
United States increases measures to protect borders
Due to increased threat of terrorism, United States and other major countries such as United Kingdom and Australia increased level of protection of borders affecting the number of asylum seekers and refugees entering the country.
Immigration reform will cover asylum and refugee status
After signing of the comprehensive health reform act on March 23, 2010, President Obama will focus on immigration reform. New immigration act will also cover issued to handle the status of refugees and asylum cases.
Chances are slim for immigration reform bill to pass this year
Posted by Rosy in Immigration Reform on March 16, 2010
Comprehensive immigration bill is one of the top agenda items of President Obama. However, priority given to health care reform and lengthy debates expected at the Congress reduced possibility of U.S. immigration system overhaul in 2010. Leading Republicans made public statements stating they the did not see any chance for passing an immigration reform bill this year.
President Obama faces pressure from the Congressional Hispanic Caucus to push the immigration reform to provide insurance for illegal immigrants. President promised and is committed to go forward in introducing a comprehensive immigration reform while not promising a certain timeframe.
Another obstacle is many Republicans who are not in favor of providing such benefit for undocumented immigrants.
It seems that the fate of comprehensive immigration legislation depends on the developments in health care reform bill. If health reform bill clears both houses and comes to the President for signature faster than expected, then the chances of passing the immigration reform bill will increase in 2010.
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.